2023-cv-01751

COMPLAINT filed by Albert Koetsier; Filing fee $ 402, receipt number AILNDC-20459406.

Exhibit 1, copyright work and registration certificate (to be filed under seal)

Exhibit 2, Defendant List (to be filed under seal)

Exhibit 3, Common Infringement Evidence (to be filed under seal)

(Exhibit 4, Machine Translation of Exhibit 3 (to be filed under seal))

SEALED DOCUMENT by Plaintiff Albert Koetsier (Exhibit 1 to Complaint, Copyrighted Work and Registration Certificate)

Exhibit 2, Defendant List

Exhibit 3, Common Manufacturer Supplier Infringing Product

(Exhibit 4, Machine Translation of Exhibit 3)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Albert Koetsier by Rishi Nair

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. 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 Albert Koetsier to seal (ex parte)

MOTION by Plaintiff Albert Koetsier for leave to file excess pages (ex parte)

MOTION by Plaintiff Albert Koetsier for temporary restraining order (ex parte) as well as asset freeze order, expedited discovery, and other relief pursuant to FRCP 4(f)(3)

SEALED DOCUMENT by Plaintiff Albert Koetsier Memorandum in support of Plaintiff's Motion for Entry of Ex Parte Temporary Restraining Order and other relief

Declaration by Plaintiff

Exhibit 1, Registered Works and Copyright Registration Certificates

Declaration by Rishi Nair

Exhibit Infringement Evidence Screenshots (Part 1 of 3)

Supplement Part 2 of 3

Supplement Part 3 of 3

Exhibit 2 to Nair Declaration (Unpublished Caselaw)

Exhibit 3, Common Manufacturing Example

(Exhibit 4, Machine Translation of Exhibit 3)

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 5/17/2023

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 7, and ex parte motion for a temporary restraining order and other relief 8 are granted. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2, 5, and 9. The accompanying Temporary Restraining Order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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. The Clerk is directed to substitute The Partnerships and Unincorporated Associations Identified on Schedule "A", as Defendant in place of Does 1-113, As Identified in Exhibit 2. Enter Sealed Temporary Restraining Order. Mailed notice

SURETY BOND in the amount of $ 10,000 posted by Albert Koetsier. (Document not Scanned)

MOTION by Plaintiff Albert Koetsier for temporary restraining order extension

SUMMONS Issued as to Defendant The Partnerships And Unicorporated Associations Identified On Schedule A

SUMMONS Returned Executed by Albert Koetsier as to The Partnerships And Unicorporated Associations Identified On Schedule A on 5/31/2023, answer due 6/21/2023.

MOTION by Plaintiff Albert Koetsier for preliminary injunction

MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend TRO 13 is granted. Enter separate order. Mailed notice

SEALED ORDER signed by the Honorable John F. Kness on 6/5/2023. Mailed notice

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 15 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 6/9/2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering and extending the TRO, the TRO is extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

NEW PARTIES: Doe 1 Rocking Giraffe, Doe 2 LiDU, Doe 3 Beauty Decor, Doe 4 pengchangtai, Doe 5 ArneCase, Doe 6 HilariousM, Doe 7 Chic D, Doe 8 Findamy, Doe 9 Anoreya, Doe 10 ERXPOOD, Doe 11 Chucoco, Doe 12 LBDecor, Doe 13 LOT BASIC, Doe 14 Royalreal, Doe 15 Gredice, Doe 16 IDOWMAT, Doe 17 Infinidesign, Doe 18 DoremiHome, Doe 19 LooPoP, Doe 20 Singingin, Doe 21 BestLives, Doe 22 FAMILYDECOR, Doe 23 HELLOWINK, Doe 24 Sweet - Home and Doe 25 Coutious added to case caption.

NEW PARTIES: Doe 27 Teather, Doe 28 Monroda, Doe 29 Fafahome, Doe 30 Custom Bed USA, Doe 31 YOKOU, Doe 32 Home L6, Doe 33 DuoPhi, Doe 34 Beisseid, Doe 35 Edwiinsa, Doe 36 Pangeelia, Doe 37 Ta-Home, Doe 38 Zadaling, Doe 39 Scominoc, Doe 40 Prime-Home, Doe 41 Pinkinco, Doe 42 AmbeHome, Doe 43 LOVE HOME DAY, Doe 44 BRINGMEHOME, Doe 45 PRINT PICTURE ARTHOME, Doe 46 MISHKIN Store, Doe 47 BOSIJOY, Doe 48 Jacekidy, Doe 49 Yizhilin, Doe 50 BOBOWUNY, Doe 51 Koupin Life, Doe 52 Pinroote, Doe 53 Lansemy, Doe 54 Kewadony, Doe 55 wanxinfu, Doe 56 ZOE STORE, Doe 57 FarmBed, Doe 58 BABE MAPS, Doe 59 FortuneHouse8, Doe 60 Dinhomela, Doe 61 Miaklek, Doe 62 Debedcor, Doe 63 TINALIN, Doe 64 hongdongxiantongfukejiyouxiangongsi, Doe 65 Fantasy Star, Doe 66 HERBED, Doe 67 Greeeen, Doe 68 SIGOUYI, Doe 69 Chaven Home, Doe 70 ARTSHOWING, Doe 71 Segard, Doe 72 zhouxianglongqa, Doe 73 Vandarllin, Doe 74 TweetyBed and Doe 75 Smile Sunflower added to case caption.

NEW PARTIES: Doe 76 GreaBen, Doe 77 Candescence, Doe 78 FUNDKTA, Doe 79 Three Sunflower, Doe 80 Lilmeme, Doe 81 T&H Home, Doe 82 zhangchang12129, Doe 83 Verchant, Doe 84 Queener Home, Doe 85 Millxiu, Doe 86 Red Vow Star, Doe 87 yitongmanzuzizhixianyitongzhenxinyumalatangdian, Doe 88 dongfangwangxinkejiyouxaingongsi, Doe 89 Pink Sky, Doe 90 USOPHIA, Doe 91 zhanglijunfa, Doe 92 ZZACKJ, Doe 93 All Like, Doe 94 TreTreDolin, Doe 95 Abesome, Doe 96 FACAMAO, Doe 97 NHJ Home, Doe 98 Aomike, Doe 99 Laibao, Doe 100 Prime Leader, Doe 101 Chees D Zone, Doe 102 Bingigo, Doe 103 WARM TOUR, Doe 104 Decor Love, Doe 105 Liberkin, Doe 106 Livencher, Doe 107 Homechoid, Doe 108 QueenKer, Doe 109 Teamery, Doe 110 TAOGAN, Doe 111 Brawvy, Doe 112 Luck Sky and Doe 113 Double Love added to case caption.

NEW PARTIES: Doe 26 Jiuyun Department Store, Chuanhui District, Zhoukou City added to case caption.

CERTIFICATE of Service by Rishi Nair on behalf of Albert Koetsier regarding set motion and R&R deadlines/hearings, 19

(Exhibit 1, Proof of Service via Email on June 6, 2023)

NOTICE of Voluntary Dismissal by Albert Koetsier with prejudice as to Does 1 Rocking Giraffe; 2 LiDU; 3 Beauty Decor; 4 pengchangtai; 5 ArneCase; 6 HilariousM; 7 Chic D; 9 Anoreya; 10 ERXPOOD; 11 Chucoco; 12 LBDecor; 13 LOT BASIC; 14 Royalreal; 15 Gredice; 16 IDOWMAT; 17 Infinidesign; 18 DoremiHome; 19 LooPoP; 20 Singingin; 21 BestLives; 22 FAMILYDECOR; 23 HELLOWINK; 24 Sweet - Home; 25 Coutious; 27 Teather; 28 Monroda; 30 Custom Bed USA; 31 YOKOU; 32 Home L6; 33 DuoPhi; 34 Beisseid; 35 Edwiinsa; 36 Pangeelia; 37 Ta-Home; 38 Zadaling; 39 Scominoc; 40 Prime-Home; 41 Pinkinco; 42 AmbeHome; 43 LOVE HOME DAY; 44 BRINGMEHOME; 45 PRINT PICTURE ARTHOME; 46 MISHKIN Store; 47 BOSIJOY; 48 Jacekidy; 50 BOBOWUNY; 51 Koupin Life; 52 Pinroote; 53 Lansemy; 54 Kewadony; 55 wanxinfu; 56 ZOE STORE; 57 FarmBed; 58 BABE MAPS; 59 FortuneHouse8; 60 Dinhomela; 61 Miaklek; 62 Debedcor; 63 TINALIN; 65 Fantasy Star; 66 HERBED; 67 Greeeen; 68 SIGOUYI; 69 Chaven Home; 70 ARTSHOWING; 71 Segard; 73 Vandarllin; 74 TweetyBed; 75 Smile Sunflower; 76 GreaBen; 77 Candescence; 78 FUNDKTA; 79 Three Sunflower; 80 Lilmeme; 81 T&H Home; 83 Verchant; 84 Queener Home; 85 Millxiu; 86 Red Vow Star; 89 Pink Sky; 90 USOPHIA; 93 All Like; 94 TreTreDolin; 95 Abesome; 96 FACAMAO; 97 NHJ Home; 98 Aomike; 99 Laibao; 100 Prime Leader; 101 Chees D Zone; 102 Bingigo; 103 WARM TOUR; 104 Decor Love; 105 Liberkin; 106 Livencher; 107 Homechoid; 108 QueenKer; 109 Teamery; 110 TAOGAN; 111 Brawvy; 112 Luck Sky; and, 113 Double Love ONLY

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 15 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 20 that it provided electronic notice to Defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any Defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the Court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Mailed notice

PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/10/2023. Mailed notice

MOTION by Plaintiff Albert Koetsier for default judgment as to all remaining defendants as listed in Exhibit 1 to Plaintiff's Memorandum in Support of Its Motion for Entry of Default and Default Judgment

MEMORANDUM by Albert Koetsier in support of motion for default judgment 24 as to all remaining defendants as listed in Exhibit 1

Exhibit 1, Defaulting Defendant List

Declaration by Rishi Nair

Exhibit 1 to Nair Declaration (Unpublished Caselaw)

(Certificate of Service)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 24 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 7/27/2023. 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

ORDER signed by the Honorable John F. Kness on 7/31/2023. Plaintiff's motion for entry ofdefault judgment 24 is granted. Enter Final Judgment Order. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 7/31/2023. The ten-thousand-dollar ($10,000) surety bond posted by Albert Koetsier is hereby released to to Albert Koetsier or its counsel, Nair, Nair Law LLC. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Rishi Nair, Nair Law LLC, 161 N. Clark Street, Suite 1600, Chicago, IL 60601 via certified mail. Mailed notice

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Albert Koetsier to Rishi Nair, Nair Law LLC, 161 N. Clark Street, Suite 1600, Chicago, IL 60601 via certified mail # 7008 1830 0000 4138 9059.

MAILED copyright report with certified copy of orders dated 7/31/23 (doc. #'s 27, 28) to Register of Copyrights, Washington, D.C.

RETURN of U.S. Post Office Receipt, article no. 7008 1830 0000 4138 9059 executed on 08/10/2023.