2023-cv-01331

COMPLAINT filed by DH Eagles IP LLC ; Filing fee $ 402, receipt number AILNDC-20405714.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff DH Eagles IP LLC Schedule A regarding complaint 1

MOTION by Plaintiff DH Eagles IP LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DH Eagles IP LLC

Notice of Claims Involving Trademarks by DH Eagles IP LLC

ATTORNEY Appearance for Plaintiff DH Eagles IP LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff DH Eagles IP LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff DH Eagles IP LLC by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiff DH Eagles IP LLC by Berel Yonathan Lakovitsky

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. 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.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff DH Eagles IP LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by DH Eagles IP LLC in support of motion for temporary restraining order[13]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Susan Genco regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff DH Eagles IP LLC regarding declaration[16]

MOTION by Plaintiff DH Eagles IP LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by DH Eagles IP LLC in support of motion for miscellaneous relief[18]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions ([3], [13], [18]), the supporting memoranda ([14], [19]) and the temporary restraining order, plaintiff's motions for leave to file under seal [3], for electronic service of process [18], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13] are 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.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/8/2023:

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

INJUNCTION BOND in the amount of $ $10,000.00 posted by DH Eagles IP LLC. (Document not scanned).

MOTION by Plaintiff DH Eagles IP LLC for preliminary injunction as to Certain Defendants

(Exhibit A)

MEMORANDUM by DH Eagles IP LLC in support of motion for preliminary injunction 24

Declaration of Justin T. Joseph

(Exhibit 1)

SUMMONS Returned Executed by DH Eagles IP LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/17/2023, answer due 4/7/2023.

Declaration of Berel Y. Lakovitsky

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for a preliminary injunction [24] under advisement and will consider the motion unopposed if no defendant appears and objects by 3/27/2023. Plaintiff shall serve defendants with this notice.

SUMMONS Returned Executed by DH Eagles IP LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/22/2023, answer due 4/12/2023.

Declaration of Berel Y. Lakovitsky

(Exhibit A)

MOTION by Plaintiff DH Eagles IP LLC for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit 2 Amended Schedule A

MOTION by Plaintiff DH Eagles IP LLC for entry of default as to all Defendants, MOTION by Plaintiff DH Eagles IP LLC for default judgment as to all Defendants

Exhibit A

MEMORANDUM by DH Eagles IP LLC in support of motion for entry of default, motion for default judgment[31]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[32]

Exhibit 1

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter [29] is granted. Plaintiff has already filed an amended Schedule A on the docket [30]. Defendants No. 26 Chouyum, No. 47 RenDengNanDianZi, and No. 63 Anbech terminated.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [27]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [24] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 4/17/2023:

ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 4/17/2023. Mailed notice

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 31 must enter an appearance and file a written objection by 4/25/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [31]. The motion 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 $500,000 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 Greer, Burns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 5/4/2023. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 5/4/2023. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA

NOTICE of withdrawal of bond [23] by Greer, Burns & Crain, LTD

FULL SATISFACTION of Judgment regarding order 40 in the amount of $500,000 as to certain defendant