2023-cv-01820

COMPLAINT filed by Robert Diggs; Filing fee $ 402, receipt number AILNDC-20469778.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Robert Diggs Schedule A regarding complaint[1]

MOTION by Plaintiff Robert Diggs for leave to file under seal

CIVIL Cover Sheet

Notice of Claims Involving Trademarks by Robert Diggs

ATTORNEY Appearance for Plaintiff Robert Diggs by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Robert Diggs by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Robert Diggs by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiff Robert Diggs by Quinn Bradley Guillermo

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. 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.

(Trademarks)

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

MOTION by Plaintiff Robert Diggs for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Robert Diggs in support of motion for temporary restraining order[12]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Emily Holt regarding memorandum in support of motion[13]

Exhibit 1

SEALED EXHIBIT by Plaintiff Robert Diggs Exhibit 2 - Parts 1 - 3 regarding declaration[15]

MOTION by Plaintiff Robert Diggsfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Robert Diggs in support of motion for miscellaneous relief[17]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions 12, 17, the supporting memorandum 13 and the temporary restraining order, plaintiff's motions for leave to file under seal 3 is granted. Plaintiff's motions (1) for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, 17, and (2) service of process by email and/or electronic publication, 12, 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 3/29/2023:

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

SURETY BOND in the amount of $10,000 posted by Robert Diggs (Document not scanned).

MOTION by Plaintiff Robert Diggs for preliminary injunction as to Certain Defendants

(Exhibit A)

MEMORANDUM by Robert Diggs in support of motion for preliminary injunction 23

Declaration of Justin T. Joseph

(Exhibit 1)

SUMMONS Returned Executed by Robert Diggs as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/7/2023, answer due 4/28/2023.

Declaration of Quinn Guillermo

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff has filed a motion for preliminary injunction as to some, but not all, defendants 23. By 4:00 p.m. on 4/17/2023, plaintiff should file a brief (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 "Ecommerce stores operating under the Seller Aliases share unique identifiers establishing a logical relationship between them and that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences." Complaint, 1, paragraph 3. However, the motion for a preliminary injunction as to only certain defendants raises the possibility that this case could effectively become multiple cases litigated on separate tracks, all under a single case number, creating inefficiency and confusion on the docket. In light of that possibility, plaintiff's brief 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.

MEMORANDUM by Robert Diggs Establishing that Joinder is Proper

Declaration of Justin R. Gaudio

Exhibit A

MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter

SEALED EXHIBIT by Plaintiff Robert Diggs Amended Schedule A regarding MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter[28]

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the plaintiff's memorandum on joinder [27]. Plaintiff maintains that joinder remains appropriate. However, even if joinder were proper under Rule 20(a)(2) (an issue the court does not reach at this time), "[i]t is within the district court's broad discretion whether to sever a claim under Rule 21." Rice v. Sunrise Express, Inc., 209 F.3d 1008, 1016 (7th Cir. 2000). At this time, the court will not sever any of the defendants into separate cases. If the case becomes unwieldy, the court will revisit the question of joinder.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction as to certain defendants [23]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [23] is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on 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 4/19/2023:

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the pleadings under Rule 15(a)(2) [28] is granted. Plaintiff has filed an amended Schedule A on the docket [29]. Defendant No. 63 Pro Flag Depart (ENMOONVagairKasflag QiQ terminated.

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 4/19/2023. Mailed notice

NEW PARTIES: Dongguan Dihao Clothing Co., Ltd., Guangzhou Taigeduo International Trade Co., Ltd., Shenzhen Gudeke Electronic Commerce Co., Ltd., Shenzhen Hengjinxing Trading Co., Ltd., Yiwu Duyizhao Jewelry Co., Ltd., Zhengzhou Huade Carpet Co., Ltd., 2023 Lead The New Fashion Store, Bedding-set. Store, Benrey Store, Bling01 Store, BYTOMLIFE CLOTHES 03 Store, chosen Store, CS Global Store, F&S Apparel Sew Store, Fayshow-Fashion Store, Fenglinjay-Fashion Store, Fine-Householdgoods Store, Hailee Steinfeld Store, House Of JEWEDSR Store, ItalyNest-Fashion Store, Kanvas Art Store, Kingsman Customized Art Store, Never-Give-Up Store, QUQ Store, Shop1100011101 Store, Shop1100027057 Store, Shop1100117005 Store, Shop1102058473 Store, Shop1102191753 Store, Shop1102247705 Store, Shop1102303440 Store, Shop1102460348 Store, Shop1102513690 Store, Shop1102525118 Store, Shop1102539034 Store, Shop1102551387 Store, Shop1102560465 Store, Shop1102560469 Store, Shop1102597649 Store, Shop1102601836 Store, Shop910315014 Store, Stay Gold Store, SUCKCOOM-WU Store, The K. art decoration Store, THub Store, YuMai-PP Store, ZUXIAO Store, A1QYZPE1Y4NCIH, A1U3PWEYEXFNT, A3N843J8C4FWOH, A3VFNMXHGQE6NS, chengbaui, Gromitchuk, GuiPingShiDuoJuShangMaoJingYingBu, hefeizongsunbaihuoyouxiangongsi, Hot trend faction, jianaojiaobnbnv, jiantaoxiangyunying, jinankexuewujinjiancaixiaoshouyouxiangongsi, juanchengxianxinningwangluokejiyouxiangongsiuk, luojianshuebgdd, LuoZhiWei, Pro Flag Depart (ENMOONVagairKasflag QiQ, RiErMenDianZiGS, Steffnutzs, sunyanxia, weizhenghan, wuhanganhaowangluokejiyouxiangongsi, XiangChengShiJiuBuShangMaoYouXianGongSi, Yugoslavia, Zatochilova, ZengCaiHongzch02, zhangpengfeivj, Chh1313, hf920, jowena12, lucatorrejo_0, putianshimindayishengmaoyiyouxiangongsi and zhangyuanhao94620 added to case caption.

MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter

SEALED EXHIBIT by Plaintiff Robert Diggs Amended Schedule A regarding MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter[35]

SUMMONS Returned Executed by Robert Diggs as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/1/2023, answer due 5/22/2023.

Declaration of Quinn Guillermo

Exhibit A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the pleadings under Rule 15(a)(2) 35 is granted. Plaintiff has filed an amended Schedule A on the docket 36. Defendant No. 4 Shenzhen Hengjinxing Trading Co., Ltd. terminated.

MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter

SEALED EXHIBIT by Plaintiff Robert Diggs Amended Schedule A regarding MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter [39]

MOTION by Plaintiff Robert Diggs for entry of default, MOTION by Plaintiff Robert Diggs for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Robert Diggs in support of motion for entry of default, motion for default judgment[41]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[42]

Exhibit 1

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 39 is granted. Plaintiff has already filed an amended Schedule A on the docket 40. Defendant No. 64 RiErMenDianZiGS terminated.

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 41 must enter an appearance and file a written objection by 6/1/2023. 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 41. 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 th e 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 6/8/2023. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 6/8/2023. Mailed notice

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Justin R. Gaudio to Greer, Burns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606 via certified mail # 7019 2280 0000 0963 2009.