2023-cv-00742

2023-cv-00742 Bestway Inflatables & Material Corp. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

Date :7/2/2023
BrandBESTWAY 泳池
Court :Northen District of Illinois
Law FirmHSP

#

Date

Document

1

Feb. 7, 2023

COMPLAINT filed by Bestway Inflatables & Material Corp.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20322929.

(Exhibit 1)

2

Feb. 7, 2023

CIVIL Cover Sheet

3

Feb. 7, 2023

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Michael A. Hierl

4

Feb. 7, 2023

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by William Benjamin Kalbac

5

Feb. 7, 2023

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Robert Payton Mcmurray

6

Feb. 7, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. to seal document Plaintiff's Motion for Leave to File Under Seal

7

Feb. 7, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Sealed Schedule A

8

Feb. 7, 2023

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bestway Inflatables & Material Corp.

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable M. David 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.

9

Feb. 7, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

10

Feb. 7, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. 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

11

Feb. 7, 2023

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for temporary restraining order, 10

Declaration Li Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

12

Feb. 7, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 1 of Li Declaration

13

Feb. 7, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 2 of Li Declaration

14

Feb. 7, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 3 of Li Declaration

15

Feb. 7, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 4 of Li Declaration

16

Feb. 7, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 5 of Li Declaration

17

Feb. 7, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 6 of Li Declaration

18

Feb. 7, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 7 of Li Declaration

19

Feb. 7, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 8 of Li Declaration

20

Feb. 7, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 9 of Li Declaration

21

Feb. 7, 2023

Notice of Claims Involving Trademarks by Bestway Inflatables & Material Corp.

24

Feb. 9, 2023

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions (6, 9, 10), the supporting memorandum 11 and the temporary restraining order, plaintiff's motions for leave to file under seal 6 and for leave to file excess pages 9 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary transfer of defendant domain names, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10 is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

25

Feb. 9, 2023

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/9/2023:

27

Feb. 20, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

28

Feb. 21, 2023

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the temporary restraining order 27 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO 25 entered on 2/9/2023 is extended until 3/9/2023.

29

March 6, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

30

March 6, 2023

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for preliminary injunction 29

31

March 6, 2023

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 29

32

March 7, 2023

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 29 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/14/2023. Plaintiff shall serve defendants with this notice.

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

33

March 7, 2023

SUMMONS Returned Executed by Bestway Inflatables & Material Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 3/7/2023, answer due 3/28/2023.

34

March 8, 2023

CERTIFICATE of Service by Plaintiff Bestway Inflatables & Material Corp.

35

March 8, 2023

ATTORNEY Appearance for Defendants dzdl_31, kafeng66, lanm826, llly_7419, lyshu81, pinch_2341, thel5045, tuoang668, xit_32, yyy5640, zhan8432, zhon_4742, guhu-89, hw2392, ihop59, maoming8, mingd7529, sunxiao50, tiqi60, ziqiu62 by Erin Kathryn Russell

36

March 10, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file Motion for Leave to File an Amended Schedule A

37

March 13, 2023

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 36 is granted. Plaintiff is directed to file an amended Schedule A by 3/16/2023 identifying the remaining defendants.

38

March 14, 2023

NOTICE by Bestway Inflatables & Material Corp. Notice of Filing

(Amended Schedule A)

39

March 14, 2023

MOTION by Defendants dzdl_31, guhu-89, hw2392, ihop59, kafeng66, lanm826, llly_7419, lyshu81, maoming8, mingd7529, pinch_2341, sunxiao50, thel5045, tiqi60, tuoang668, xit_32, yyy5640, zhan8432, zhon_4742, ziqiu62 for extension of time (UNOPPOSED)

40

March 15, 2023

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for extension of time 39 is granted. Defendants dzdl_31, guhu-89, hw2392, ihop59, kafeng66, lanm826, llly_7419, lyshu81, maoming8, mingd7529, pinch_2341, sunxiao50, thel5045, tiqi60, tuoang668, xit_32, yyy5640, zhan8432, zhon_4742, and ziqiu62 should file their opposition to the motion for preliminary injunction 29 by 3/17/2023.

41

March 20, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. Agreed Motion for Entry of Consent Judgment

42

March 20, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Unopposed Motion to Reduce the Asset Restraint for Certain Defendants Listed in Exhibit A

43

March 21, 2023

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of stipulated consent judgment 41 is granted. Defendant No. 162 chenzhousuxianqulanjianshangmaoyouxian Co.ltd. is dismissed without prejudice. Plaintiff is directed to file an amended Schedule A on the docket by 3/24/2023.

44

March 21, 2023

CONSENT JUDGMENT as to defendant No. 162 chenzhousuxianqulanjianshangmaoyouxian Co.ltd. Signed by the Honorable Martha M. Pacold on 3/21/2023:

45

March 21, 2023

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion to reduce the asset restraint for certain defendants 42 is granted.

46

March 21, 2023

ASSET RESTRAINT ORDER FOR CERTAIN DEFENDANTS Signed by the Honorable Martha M. Pacold on 3/21/2023:

47

March 23, 2023

NOTICE by Bestway Inflatables & Material Corp. Notice of Filing

(Amended Schedule A)

48

March 28, 2023

MOTION by Defendants dzdl_31, guhu-89, hw2392, ihop59, kafeng66, lanm826, llly_7419, lyshu81, maoming8, mingd7529, pinch_2341, sunxiao50, thel5045, tiqi60, tuoang668, xit_32, yyy5640, zhan8432, zhon_4742, ziqiu62 for extension of time to file answer regarding complaint[1] (UNOPPOSED)

49

March 29, 2023

ATTORNEY Appearance for Defendants Yy' choice Co. Ltd, Modika Co. Ltd, JIAOCHU, JiAnDa, Binpure by Lydia Pittaway

50

March 29, 2023

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for an extension of time to respond to the complaint 48 is granted. Defendants dzdl_31, guhu-89, hw2392, ihop59, kafeng66, lanm826, llly_7419, lyshu81, maoming8, mingd7529, pinch_2341, sunxiao50, thel5045, tiqi60, tuoang668, xit_32, yyy5640, zhan8432, zhon_4742, and ziqiu62 have until 4/18/2023 to answer or otherwise respond to the complaint.

51

March 30, 2023

ATTORNEY Appearance for Defendant SzRx Co., Ltd. d/b/a Binpure d/b/a Shenzhen Rongxiner by Lydia Pittaway

52

March 30, 2023

MOTION by Defendants JIAOCHU, JiAnDa, Modika Co. Ltd, SzRx Co., Ltd. d/b/a Binpure d/b/a Shenzhen Rongxiner, Yy' choice Co. Ltd for extension of time to respond to the Complaint

53

April 10, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file Motion for Leave to File an Amended Schedule A

54

April 12, 2023

MINUTE entry before the Honorable Martha M. Pacold: Defendants' motion for extension of time 52 is granted. Defendants Yy' choice Co.Ltd, Modika Co.Ltd, JIAOCHU, JiAnDa, and SzRx Co., Ltd. d/b/a Binpure d/b/a Shenzhen Rongxiner should file their response to the complaint 1 by 4/18/2023.

55

April 12, 2023

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 53 is granted. Defendants No. 1 areyourshop-010, No. 5 caiyanyantiger, No. 12 fy_uswarehouse, No. 17 hotsaleshop-05, No. 27 led_autolight, No. 34 peninsulahome, No. 40 superplaza-12, No. 54 ysmotorparts, No. 86 artudatech-04, No. 91 dormousesleep, No. 102 hotsaleshop-04, No. 103 hw2392, No. 119 racingmtp, No. 120 reachmall-11, No. 121 soloovee1991, No. 123 superplaza-02, No. 124 superplaza-07, No. 128 topteng-08, No. 129 ubestshop-02, No. 130 vehicleusa2021, No. 132 xlautoparts_hw, No. 135 yxshop, No. 139 ztparts_uk, No. 157 Artoneday, No. 159 CDLYD, No. 165 Fearlessin, No. 166 Gratying, No. 171 H-Z-J, and No. 191 Xihmeny are dismissed with prejudice. Plaintiff is directed to file an amended Schedule A on the docket by 4/14/2023.

56

April 14, 2023

NOTICE by Bestway Inflatables & Material Corp. Notice of Filing

(Amended Schedule A)

57

April 18, 2023

ANSWER to Complaint by dzdl_31, guhu-89, ihop59, kafeng66, lanm826, llly_7419, lyshu81, maoming8, mingd7529, pinch_2341, sunxiao50, thel5045, tiqi60, tuoang668, xit_32, yyy5640, zhan8432, zhon_4742, ziqiu62

58

April 21, 2023

MINUTE entry before the Honorable Martha M. Pacold: As to joinder: By 4:00 p.m. on 5/4/2023, plaintiff and each set of appearing defendants should file simultaneous briefs (limited to 5 pages, excluding caption and signature block) addressing whether joinder of all defendants in a single case remains appropriate. The complaint alleged that "The Defendant Internet Stores share unique identifiers, such as design elements and similarities of the counterfeit products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." Complaint, 1, paragraph 4. However, two separate sets of defendants have appeared and are litigating the case on separate schedules (in terms of responding to the preliminary injunction motion and answering the complaint), raising the possibility that this case could effectively become multiple cases litigated by separate defendants on separate tracks, all under a single case number, creating inefficiency and confusion on the docket. In light of that possibility, the parties' briefs should address whether, under Fed. R. Civ. P. 20 and 21 (and any other relevant authority), one or more defendant(s) or set(s) of defendants should be severed into a separate case, in which plaintiff would pay the filing fee and then the case would proceed.

59

April 21, 2023

ATTORNEY Appearance for Defendant Zhexiluo by Timothy Tiewei Wang

60

April 21, 2023

MOTION by Defendant Zhexiluo for extension of time to file answer regarding complaint 1

61

April 24, 2023

MINUTE entry before the Honorable Martha M. Pacold: Defendant Zhexiluo's motion for extension of time 60 is granted. Defendant Zhexiluo should file its response to the complaint 1 by 5/5/2023.

62

April 26, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file Motion for Leave to File an Amended Schedule A

63

April 28, 2023

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 62 is granted. Defendants No. 9 fengshun47, No. 10 fjf-auto-gauges, No. 13 goodne_87, No. 14 guoz-76, No. 16 homelove2020, No. 19 janf669, No. 20 jiangxin159, No. 23 karidge, No. 26 lawson-86, No. 28 liuch-662, No. 33 newparts2018, No. 36 purs_81, No. 37 s-autoshop, No. 44 tianhao-auto, No. 46 uli-8232, No. 47 wang3830, No. 48 wangmin126, No. 50 xi419551, No. 53 yang895, No. 55 yuan-8805, No. 58 zhi-109350, No. 59 zhmi57, No. 62 Chaka Co. ltd, No. 63 CQ tong Co.Ltd, No. 64 daisoug, No. 66 Lechang Co., Ltd., No. 67 Mia HOO Co. ltd, No. 68 motop, No. 69 Quanzhou Yingqi Trading Co. Ltd, No. 70 queenly, No. 71 R.0llywood Co. ltd, No. 72 Shenzhen Ruirun Maternity Co. Ltd, No. 73 SZ Electronics Co.Ltd, No. 74 tai yuan ji hui kai dian zi shang wu you xian Co. ltd, No. 75 tai yuan na sheng tu dian zi shang wu you xian gong si, No. 76 tai yuan shi ba yao lei dian zi shang wu you xian gong si, No. 77 tai yuan shu kai shang mao you xian Co. ltd, No. 78 tai yuan te hang zheng dian zi shang wu you xian Co. ltd, No. 79 tai yuan ting teng kai mao shang mao you xian Co. ltd, No. 80 tai yuan xin er mi kang dian zi shang wu you xian gong si, No. 81 Taiyuan damanrui dianzishangwu youxiangongsi Co. Ltd, No. 82 youjin INC, No. 100 homelove2021, No. 101 homelove2022, No. 104 hy-mall, No. 107 ji219027, No. 109 letalhot, No. 110 lingxue-auto, No. 115 mm12_8860, No. 116 mrmastore-2019, No. 117 newwish-688, No. 134 yuanfa2020, No. 136 zhhai50, No. 137 zhouyu75, No. 155 acelit, No. 156 AIJIA Co. ltd, No. 163 Epoch, No. 174 JIAOCHU, No. 177 JL Toys Co.Ltd, No. 186 tai yuan you xiang lai shang mao you xian Co. ltd, No. 188 TY BQJ E-Com Co.Ltd, No. 189 walm-Modika, and No. 194 Yy' choice Co.Ltd are dismissed with prejudice. Plaintiff is directed to file an amended Schedule A on the docket by 5/2/2023.

64

May 2, 2023

NOTICE by Bestway Inflatables & Material Corp. Notice of Filing

Amended Schedule A

65

May 3, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. Agreed Motion for Entry of Consent Judgment

66

May 4, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File Brief Addressing Joinder [Dkt. No. 58]

67

May 5, 2023

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for an extension of time 66 is granted. Plaintiff's brief addressing joinder 58 is due by 5/18/2023.

68

May 10, 2023

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of stipulated consent judgment 65 is granted. Defendant No. 184 SzRx Co., Ltd. d/b/a Binpure d/b/a Shenzhen Rongxiner is dismissed without prejudice.

69

May 10, 2023

CONSENT JUDGMENT as to defendant No. 184 SzRx Co., Ltd. d/b/a Binpure d/b/a Shenzhen Rongxiner Signed by the Honorable Martha M. Pacold on 5/10/2023:

70

May 10, 2023

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file an amended Schedule A on the docket by 5/15/2023. By 5/16/2023, plaintiff and any appearing defendants that remain in the case shall file a status report with an update on the status of all remaining defendants in the case (i.e., which defendants have appeared, any pending motions and to which defendants those motion(s) relate, the status of settlement discussions, and any other pertinent information as to the status of the case or matters the parties wish to raise).

71

May 15, 2023

NOTICE by Bestway Inflatables & Material Corp. Notice of Filing

(Amended Schedule A)

72

May 16, 2023

STATUS Report Joint Status Report by Bestway Inflatables & Material Corp.

73

May 17, 2023

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report [72]. By 5/31/2023, plaintiff and any appearing defendants that remain in the case shall file a status report with an update on the status of all remaining defendants in the case (i.e., which defendants have appeared, any pending motions and to which defendants those motion(s) relate, the status of settlement discussions, and any other pertinent information as to the status of the case or matters the parties wish to raise).

74

May 18, 2023

STIPULATION of Dismissal Stipulation of Voluntary Dismissal

75

May 18, 2023

STATUS Report by Bestway Inflatables & Material Corp.

76

May 22, 2023

MINUTE entry before the Honorable Martha M. Pacold: The Court has received Plaintiff's notice of dismissal 74. The court construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants ihop59, kafeng66, lanm826, llly_7419, lyshu81, maoming8, mingd7529, pinch_2341, sunxiao50, thel5045, tiqi60, tuoang668, xit_32, yyy5640, zhan8432, zhon_4742, ziqiu62, dzdl_31 and guhu-89, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form on the docket by 5/30/2023.

77

May 22, 2023

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report 75. The court's order regarding briefing on the issue of joinder 58 ; 67 is stricken as moot. The 5/31/2023 joint status report deadline 73 is stricken. By 6/20/2023, plaintiff and any appearing defendants that remain in the case shall file a status report with an update on the status of all remaining defendants in the case (i.e., which defendants have appeared, any pending motions and to which defendants those motion(s) relate, the status of settlement discussions, and any other pertinent information as to the status of the case or matters the parties wish to raise).

78

May 25, 2023

NOTICE by Bestway Inflatables & Material Corp. Notice of Filing

(Amended Schedule A)

79

May 26, 2023

MOTION by Defendants dzdl_31, guhu-89, hw2392, ihop59, kafeng66, lanm826, llly_7419, lyshu81, maoming8, mingd7529, pinch_2341, sunxiao50, thel5045, tiqi60, tuoang668, xit_32, yyy5640, zhan8432, zhon_4742, ziqiu62 to vacate order 46 (UNOPPOSED)

(Exhibit 1)

80

May 30, 2023

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion to vacate 79 is granted. The court's 3/31/2023 Asset Restraint Order 46 is vacated as it pertains to Defendants dzdl_31, kafeng66, lanm826, llly_7419, lyshu81, pinch_2341, thel5045, tuoang668, xit_32, yyy5640, zhan8432, zhon_4742, guhu-89, hw2392, ihop59, maoming8, mingd7529, sunxiao50, tiqi60, and ziqiu62. Plaintiff should serve this Order on eBay by 6/2/2023, directing eBay to release all funds and holds placed on the listed defendants' accounts by 6/6/2023.

81

June 21, 2023

STATUS Report by Bestway Inflatables & Material Corp.

82

June 21, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file Motion for Leave to File an Amended Schedule A

83

June 21, 2023

STATUS Report Amended Status Report by Bestway Inflatables & Material Corp.

84

June 22, 2023

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 82 is granted. Defendants No. 97 goodssale2010; No. 112 maimaimb; No. 160 Chengdu Zhexiluo Trading Co., Ltd.; No. 170 Husfou; No. 173 JiAnDa; No. 178 KZKRUS; No. 185 T.S; and No. 190 WGR are dismissed with prejudice. Plaintiff is directed to file an amended Schedule A on the docket by 6/27/2023.

85

June 27, 2023

NOTICE by Bestway Inflatables & Material Corp. Notice of Filing

(Amended Schedule A)

86

July 11, 2023

DECLARATION of Robert P. McMurray Declaration of Service

87

July 11, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

88

July 11, 2023

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for default judgment 87

Exhibit 1

(Exhibit 2)

89

July 11, 2023

DECLARATION of Michael A. Hierl regarding motion for default judgment 87

(Exhibit Hierl Exhibit 1)

90

July 13, 2023

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 87 must enter an appearance and file a written objection by 7/20/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

91

July 13, 2023

CERTIFICATE of Service by Plaintiff Bestway Inflatables & Material Corp.

92

July 21, 2023

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 87. The motion 87 is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $100,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand-dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd., Three First National Plaza, 70 West Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 7/21/2023. Mailed notice.

93

July 21, 2023

DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 7/21/2023. Mailed notice.

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd., Three First National Plaza, 70 West Madison Street, Suite 4000, Chicago, IL 60602 via certified mail.

94

Aug. 15, 2023

SATISFACTION of Judgment

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