2023-cv-00057

COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20204188.

Exhibit 1

Exhibit 2 Part 1

(Exhibit 2 Part 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray

MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Those Characters from Cleveland, LLC

CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable David M. Weisman. Case assignment: Random assignment.

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.

MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Those Characters from Cleveland, LLC for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, 10

Declaration Gorman Declaration

Exhibit 1

Exhibit 2 Part 1

Exhibit 2 Part 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 1 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 2 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 3 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 4 of Gorman Declaration

Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for leave to file under seal [6] is granted. Plaintiff's motion to exceed page limitation [9] is granted. Plaintiff's Ex Parte motion for Temporary Restraining Order [10] is granted. Order to enter. Mailed notice.

TEMPORARY Restraining Order. Signed by the Honorable Rebecca R. Pallmeyer on 1/5/2023. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

CIVIL BOND in the amount of $ 10,000 posted by Those Characters from Cleveland, LLC.

MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's ex-parte motion to extend the temporary restraining order 22 is granted. The temporary restraining order 18 is extended to and including February 2, 2023. Mailed notice.

MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction[24]

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[24]

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 1/30/2023, answer due 2/20/2023.

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for entry of a preliminary injunction [24] is granted. The Law Firm of Hughes Socol Piers Resnick & Dym, Ltd. is ordered to add all defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Order to enter. Mailed notice.

PRELIMINARY INJUNCTION Signed by the Honorable Rebecca R. Pallmeyer on 1/30/2023. Mailed notice

NEW PARTIES: baicishang, chengduwenmaodianzishangwuyouxiangongsi, fdsfsdfdssfeww, fengyuangu, Flores-US, gongwenzhen, Grow Up Shop, haikouyuanxianchangshangmaoyouxiangongsi, hefeinouganmaoyiyouxiangongsi, ianlikejiyouxiang, Jueshibie, Khanhlinh551, kunmingciaodianzishangwuyouxiangongsi, NHUNG STORE THE ONE, putianshichengxiangquqiyaoqiaofuzhuangdian, puyangxianjinyueshangmaoyouxiangongsi, qinyujing5471, Wenshu Store, wuhaoyudemaoyouxiangongsi, xianningchoubandianzishangwuyouxiangongsi, xiao pang, xuanzelindedian, Yanger-rui234, ZERUN SHOP, zuimoqing, ABOULLY, AiHee, Alex Brady Store, Apex Shoe Charms, Aurora4289, BEACH-GIFT, binxxxb, BOBBY RED, BOXIMIAO, Catriona Store, Cute Keen, DANYULIUGG, Dau Yen Nhi, Dedia, DongShopReputation, Fetchbody, FrankDeBoe Store, ganlongxuan, Guohaohao, haikoushilingxinyouxuanshangmaoshanghang, HeZeHeXiCanYinFuWuYouXianGongSi, HINIUPI, HNXTKJ, HOA987STORE and HOZZIFY added to case caption.

NEW PARTIES: HTStore1, Jiang Rui Yang, Jin Xi, KuaiLeDeXiaoQingWa, KuCok, langfanghongshengyuan, Lara McElveen Store, LBSSH, Linxoxo Store, LIUBOWENKL, Lovegoon, LovelyBirthday, luckyzhengzhou, luofanshang, LXJMY-US, Makifou, MAYCARI, meifengdian, MORNINGFLY, My jackson's store, NGUYEN HO VIET ANH, nhu y SHOP, Novelty Pajamas, Onesie beautiful 2021, Orsino, pajamaswell2021abc, PLITI, RedFoxStyle, Ricemall, Roxana Store, saizhipanshangmao, SANIKA KALASKAR, SleepCare Store, Spacecityo, STON MARIA, T0 shop, Theresa Boicourt, Tippsy LLC Store, tranthicham90, TYKI, United Stickers Store, Ursae Majoris, Vinhthitheo Store, Violets-Dresser, wangtingtingdebeimeidianpu, wanziaiyingtao, WEIQICHENWANJU US, WIGIRET US, wuzhaixiangzhuangguan, xiatiandefenga, Xuzhou Jingsheng Dianzishangwu Youxian Gongsi, yanhualankeji, ZAS Enterprise, ZhaoJiaLi, ZhaoShuShuPiQiangWangLuoKeJi, ZhaoXindebeimeidianpu, ZHENGFEI537, zhenkumaoyi, Zhizhi Bird, Zhizhida, zongtamaoyi, AC Happy, angelbaby Store, C-Supermall, CWYJM Magic Case, Fardreaw, Little Treasure YYDS, Longze mall, Miss Beautiful, Perfect Life 168, Phone case8, Sport Teenger, t-shirt2, zuanshihua16 and Ningxia Huanjin Trading Co., Ltd. added to case caption.

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 39, 41

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 94

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0010: Pursuant that to the Executive Committee Order entered on February 23, 2023, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Lindsay C. Jenkins; therefore IT IS HEREBY ORDERED that the attached list of 281 cases be reassigned to the Honorable Lindsay C. Jenkins; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Lindsay C. Jenkins' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lindsay C. Jenkins to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lindsay C. Jenkins to the Court's criminal case assignment system ninety (90) days so that Judge Jenkins shall thereafter receive a full share of such cases. Case reassigned to the Honorable Lindsay C. Jenkins for all further proceedings. Honorable Rebecca R. Pallmeyer no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 2/27/2023.

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 47

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 67

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 91,110

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 56, 65

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 34

MINUTE entry before the Honorable Lindsay C. Jenkins: The court would like to better understand the differences between Cases 23-cv-57 (filed in January 2023) and 23-cv-1923 (filed in March 2023), and specifically why an amendment to the pleading in 23-cv-57 was unavailable at the time the later case was filed. On the court's brief review of both complaints, it appears that 23-cv-1923 contains allegations that are virtually identical to those in 23-cv-57, except that the newer case added three additional platforms where the counterfeit products are said to be offered for sale (Artistshot, DHgate and Walmart). By April 17, 2023, Plaintiff should file a statement on the docket in both cases addressing these issues. Mailed notice.

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 31, 51

MEMORANDUM by Those Characters from Cleveland, LLC Supplemental Memorandum

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 33, 35, 75

MOTION by Plaintiff Those Characters from Cleveland, LLC for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for default judgment[46]

Exhibit 1

Exhibit 2

DECLARATION of Michael A. Hierl regarding motion for default judgment[46]

Exhibit Hierl Exhibit 1

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 46 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before June 13, 2023. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.

CERTIFICATE of Service Proof of Service by Michael A. Hierl on behalf of Those Characters from Cleveland, LLC

MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 46 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $75,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case closed. Mailed notice.

ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 6/20/2023. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA. (jk2,)

SATISFACTION of Judgment

SATISFACTION of Judgment