2023-cv-01764

COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number AILNDC-20461318.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Nike, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc.

Notice of Claims Involving Trademarks by Nike, Inc.

ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Nike, Inc. by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Text entry; no document attached.)

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. (Text entry; no document attached.)

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MOTION by Plaintiff Nike, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Nike, Inc. 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 Joe Pallett regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 1-11 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

Exhibit 3-5

Exhibit 3-6

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Exhibit 3-8

Exhibit 3-9

Exhibit 3-10

(Exhibit 3-11)

MOTION by Plaintiff Nike, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Nike, Inc. 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 John F. Kness: Plaintiff's motion for leave to file under seal 3, ex parte motion for a temporary restraining order 13, and motion for electronic service of process 18 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 and 17. 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. Enter Sealed Temporary Restraining Order. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 5/15/2023. Mailed notice.

SURETY BOND in the amount of $ 10,000.00 posted by Nike, Inc. (Document not scanned).

MOTION by Plaintiff Nike, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Nike, Inc. in support of extension of time[24]

Declaration of Jake M. Christensen

ENTER EXTENSION OF TEMPORARY RESTRAINING ORDER 24. Motion by Plaintiff Nike, Inc. for extension of time 24 is granted. Signed by the Honorable John F. Kness on 5/26/2023. Mailed notice

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

MOTION by Plaintiff Nike, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction 28

Declaration of Jake M. Christensen

(Exhibit 1)

SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/7/2023, answer due 6/28/2023.

Declaration of Marcella D. Slay

(Exhibit A)

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

ATTORNEY Appearance for Defendant The Partnerships and Unincorporated Associations Identified on Schedule A by Yifei Deng for Defendant DykhmilyWork

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

ANSWER to Complaint by DykhmilyWork

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DykhmilyWork

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [28] for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 by 7/11/2023." 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 by Plaintiff Nike, Inc. regarding text entry, [37]

Exhibit A

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

OBJECTIONS by DykhmilyWork to MOTION by Plaintiff Nike, Inc. for preliminary injunction [28], memorandum in support of motion[29]

RESPONSE by DykhmilyWorkin Opposition to MOTION by Plaintiff Nike, Inc. for preliminary injunction [28]

MEMORANDUM by DykhmilyWork in Opposition to motion for preliminary injunction[28]

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

MINUTE entry before the Honorable John F. Kness: Any reply in support of Plaintiff's motion 28 for preliminary injunction must be submitted on or before 7/31/2023. Mailed notice

MOTION by Plaintiff Nike, Inc. for sanctions Pursuant to FED. R. CIV. P. 37 or to Stay Briefing Schedule [44]

Declaration of Jake M. Christensen

Exhibit 1

ATTORNEY Appearance for Plaintiff Nike, Inc. by Berel Yonathan Lakovitsky

RESPONSE by DykhmilyWorkin Opposition to MOTION by Plaintiff Nike, Inc. for sanctions Pursuant to FED. R. CIV. P. 37 or to Stay Briefing Schedule 44 45

Declaration of Faye Yifei Deng

Exhibit 1

Exhibit 2

(Exhibit 3)

REPLY by Plaintiff Nike, Inc. in Support of Plaintiff's Motion for Entry of a Preliminary Injunction 28

DECLARATION of Jake M. Christensen regarding reply 48

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(Exhibit 17)

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendant

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendant

MINUTE entry before the Honorable John F. Kness: Plaintiff and Defendant DykhmilyWork (Def. No. 115) ("Defendant") informed Court staff today that they have reached a settlement agreement and are in the process of executing its terms. Plaintiff and Defendant DykhmilyWork thus request that the Court defer ruling on Plaintiff's pending motion for entry of a preliminary injunction (Dkt. [28]) as to Defendant DykhmilyWork only. Based on this report, the Court excludes Defendant DykhmilyWork from its consideration of the pending motion [28] for a preliminary injunction and dismisses as moot (and without prejudice) Plaintiff's motion [45] for sanctions as to Defendant DykhmilyWork. Plaintiff's motion for a preliminary injunction [28] is granted as to all remaining Defendants except for DykhmilyWork. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff 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 [30] [38] that it provided electronic notice to Defendants of the pendency of this case and provided a link to a website containing relevant case documents (including the motion for a preliminary injunction), but, despite the Court having provided [37] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the 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 11/8/2023. Mailed notice

NEW PARTIES: Beijing Innovflooring Co., Ltd., Dongguan Smart Gifts Co., Ltd., Fujian Badu Yao Electronic Commerce Co., Ltd., Fujian Dadudu Technology Co., Ltd., Fuzhou Gulou District Luqi Electronic Products Firm, Fuzhou Jigu Electronic Commerce Co., Ltd., Fuzhou Jingchengcheng Trade Co., Ltd., Fuzhou Oulilang Trading Co., Ltd., Fuzhou Tuomei Technology Co., Ltd., Guangzhou Chinfee Garment Co., Ltd., Guangzhou Dong Yang Silicone Products Co., Ltd., 0906saxt Store, 365 sneaker Store, 585369 Store, 7878941hlsdhg Store, A Chases Store, Adios keychain Store, AHTLTK001 Store, Ali_Ali Store, Alisa520 Store, Ami Sports shoes Store, AnDing movement Store, Anime character model shop Store, apan Store, aybycy direct Store, bajgn Store, BAPE brand shop Store, BBshoe Store, BD Dropshipping Store, Beisheng21 Store, BLACKYAK 2 Store, BOBOAN Store, Booring starting High Quality Womens Shoes Store, Boozeroo Official Store, BYINTO Footwear Store, cbuyshop Store, Chester Store, Childlike toys Store, Children's Printed Clothes Shop Store, Chinese boutique Store, Chinese HS Store, Chinese quality shoe store Store, coca0302 Store, College cos Store, COOLVFATBO Dropshipping Store, CorefootBrand Sneakers Store, Coslony Store, Cosplay Factory Store12 Store, Cotton t-shirt ADD Store, COZOK Z Store, COZOKDropshipping Store, CRAFTSMAN SHARK Store, CUCIERT one Store, Cybers Store, Daclay Store, Damaishoe factory Official Store, Datomarry Backpack Bag Store, Datong shoe Store, Day Flame Store, DBZSAIYAN Global Store, DEEPTOWN Shoe Store, Designer sneakers Store, DF footwear Store, Dirous Store, Disney shoes store Store, Dlisoma Store, DPS-FashionSport Store, Drop Shipping Factory Discount Store, DropShipping doghc Store Store, Dropshipping High Quality Store, Elegant-High Heels Store, EMMA YHBL Official Store, En En Store, ESSENTIALSS Store, Ever-changing Cos Store, factory yi Store, Fardreawe Store, Fashion Shoes Bar Store, Festive party decoration Store, FFTD001 Store, Force Store, FreezingFlower Store, Game Toy Model Store, gangster motorcycle Store, GHLTXIXI Dropship Store Store, GILLIESNYI Quality shoe Store, GILLIESNYI Youpin Life Store, Global Factory Shoe Store, Goddess Shoe Store, Guniso Store, Guo li Store, HANFAN Store, hanhan Shoe Store Store, A1JO7K9SCB1044, A2S8DA5E8LUUJW, A9MD6YKUSUEKA, AiNiWaErABuLiKeMu, air fryer, Aszeller, AXEQIHD7LKRDS, BANJIU, BiDeChangUS, BNMLYUOTREYH3E, CCATFLADirect, Cha Xiao Every day, chenzhilongdedian, danzhouhanmingweikejiyouxiangong, DEYROS US, Diowuega, Dream-Fly, DykhmilyWork, fengmuqian-bm, FUNICE, Fusheng3, fuzhoulishijiedianzishangwuyouxiangongsi, gfhhhjb, Ghsaty, GoodBath, Hagleccd, HaiNanWangTong, hancai-zongcuo, acemiu1 Store, airtnplus Store, caiyuangungun1314 Store, dhgate_chooes Store, dunks Store, factorysellershoes Store, feici_make1, fengshoestore Store, flightclub_shoes Store, fozhewo, 6_34346, afterjourney, aglypei, alwayswithniceness, aoaomu, autotune123, black-flower-68, boutique5188, bright_green6, ccc12_6487, cloudll94jia, diad-701097, edgewdar, gqthtf, guch7364, chenarui2002, china_exporter_shoes, china_nikefactory, frostkicks2018, fypkick8, chinese_suppliers2, beslan light, CADI, CZSXQHQZ Co. ltd, DeRong-BYFW, Flowers bloom, guangzhouyibojingpinyouxiangongsi, 168shops.x.yupoo.com, 2962285350.x.yupoo.com, aj-dongli.x.yupoo.com, chaoren-sport.x.yupoo.com, coleog.ru, dazhohuai96.x.yupoo.com, dzukimeru110, gaoduan001.x.yupoo.com and Beijing Opera spectral tableware added to case caption. (Text entry; no document attached.)

STIPULATION of Dismissal

MOTION by Plaintiff Nike, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment 57

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 58

(Exhibit 1)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [57] 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 11/29/2023. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must forthwith serve this minute order upon all remaining Defendants and file proof of service. Mailed notice

CERTIFICATE of Service by Plaintiff Nike, Inc. regarding text entry, 60

(Exhibit A)

ORDER: Motion for entry of default 57 is granted. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable John F. Kness on 12/1/2023. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 12/1/2023. Mailed notice

MAILED trademark report with certified copy of minute order dated 12/1/2023 to Patent Trademark Office, Alexandria VA.

NOTICE of Removal of Material from the custody of the Clerk's Office 23 by Plaintiff's counsel.

FULL SATISFACTION of Judgment regarding entered judgment[63] in the amount of $100,000 as to certain defendant