2023-cv-02202

COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number AILNDC-20521622.

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 Mary M. Rowland. Designated as Magistrate Judge the Honorable Sunil R. Harjani. 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 1-7 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

Exhibit 3-5

Exhibit 3-6

(Exhibit 3-7)

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 Mary M. Rowland: The Court has reviewed Plaintiff's Motion for Temporary Restraining Order [13], along with the motion to seal [3] and for electronic service [18]. These motions are under advisement. The Court will require a bond of $1,000 per defendant in this case. Plaintiff may, though is not required to, re-file the motion for TRO, and in any event Plaintiff shall re-submit to the Court's proposed order box a proposed TRO order revising the total amount of bond in compliance with this order. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13] is granted (as modified). Plaintiff's motion for electronic service of process [18] and motion for leave to file under seal [3] are granted. Enter Sealed Temporary Restraining Order. Telephonic status hearing set for 5/12/23 at 9:00am. Parties should call 866-434-5269; access code 3751971. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Mary M. Rowland on 4/28/2023. Mailed notice.

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

SURETY BOND in the amount of $188,000 posted by Nike, Inc. (Document Not Imaged)

MOTION by Plaintiff Nike, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction[25]

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 5/9/2023, answer due 5/30/2023.

Declaration of Marcella D. Slay

Exhibit A

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for entry of a preliminary injunction 25 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff is ordered to add all Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. In addition, is a link to video instructions for Plaintiff to view on how to Add Terminate Party https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Telephonic status hearing set for 5/12/23 is stricken and reset to 7/12/23 at 9:15am. Parties shall call 866-434-5269; access code 3751971. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Mary M. Rowland on 5/10/2023. Mailed notice.

NEW PARTIES: Huizhou Shunchi Sports Co., Ltd., Jiangmen Cool-Bey Crafts Factory, Jinjiang Dewu Electronic Commerce Co., Ltd., Quanzhou Chilei Trading Co., Ltd., Quanzhou Youniji Import And Export Trading Co., Ltd., Shenzhen Cosun Sign Smart-Tech Co., Ltd., Shenzhen Csixiang Gifts Co., Ltd., Shenzhen Qinhe Industrial Co., Ltd., Shenzhen Ruili Industrial Co., Ltd., Shenzhen Shanen Electronic Commerce Co., Ltd., Shenzhen Tianyisheng Trading Co., Ltd., Shijiazhuang Finelai Trading Co., Ltd., Shishi Nike Bomei Network Clothing Firm, Xiamen Zailushang Culture Media Co., Ltd., Yiwu Cora Trade Co., Ltd., Yiwu NM Auto Accessories Firm, Yiwu Strong Battalion E-Commerce Firm, Yiwu Youce Trading Co., Ltd., Zhifu Chengjin Art And Crafts Firm, Zhongshan Galaxy Arts & Gifts Co., Ltd., Haohao childrens wardrobe Store, High quality boutique Store, home-renovation Store, HoneyMaker Sneakers Store, HOUZHOU Quality Store, HOUZHOU SHOE Store, hqiu Store, HTUEY Store, ICCLEK Men Shoes Store, Jennymiss Store, Ji Xuanqi Store, JINHA520520 Store, JISON Official Store, Kieran Store, Kinds of Shoe Charms Store, KISDE 2021-223 Store, KKAFashion Store, KKshoes Store, KOYONIT Official Store, KUEARYTN Store, Leosoxs Dropshipping Store, Life Companion Store, LISHISHI Store, Malavia Store, Male shoe Store, Mazefeng C-5 Store, Morii- Store, Mr-Wang Lanyard Monopoly Store, NanYang LinQi Trading Co., Ltd. Store, New Store Promotion Store, NHHDZSW Official Store, oein Odd-icon Store, Off-Bound Trend Store, OLD CLOTH Store, ownership Official Store, PARZIVAL Store, Perfect shoes1 Store, Pmoiste Official Store, Pop Tribe 7 Store, Princess Q Store, QingKe Store, qiqihaer111 Store, QJL Store, ranli Store, RASMEUP Official Store, RUNPLAY Official Store, Savings Store, Shiny Shoes Store, Shoe Can Do Store, Shoe20160803 Store, Shop109767 Store, Shop1100088059 Store, Shop1100127219 Store, Shop1100170461 Store, Shop1100229037 Store, Shop1100294034 Store, Shop1100296209 Store, Shop1102094057 Store, Shop1102114471 Store, Shop1102133673 Store, Shop1102142285 Store, Shop1102154983 Store, Shop1102156074 Store, Shop1102185442 Store, Shop1102264139 Store, Shop1102307521 Store, Shop1102348004 Store, Shop1102410732 Store, SHOP3033 Store Store, Shop3853094 Store, Shop5023098 Store, Shop5526003 Store, Shop5972256 Store, Shop910447234 Store, Shop911119265 Store, SIGUUSEN Store, SKINDEEP Official Store, Smile Circle Official Store, Sneakers Market Store, SSKPPY Store, SUNMYTH High Quality Backpack Store, Supermen Store, Supnumu Sneakers Store, Swenxun Factory Store, The T-shirt Factory Store, Tomato Item Store, Top Store, TopShoesDecorations Store, Trend Female Shoe Shop Store, Trend Quality Apparel 2 Store, valstone Footwear Designer Store, Vinidivo Store, VPSJ Store, Walking Beside Trendy Store, Wan An Store, Weiqi Flower Kids Shoes Store, wish miss trend Store, woollen blanket001 Store, Xiaomi Youpin Fashion Store, XinYu 0821 Store, xisuoke Store, YanChuClothing Store, YinFive Store, YOUYOUMI Store, YQ3 FootWear Store, ZHIJIA KidsShoes Store, ZHUOFU 2022 Store, zpx20041001 Store, ZXBDD Store, ZZH Anime Store, HIWISH, houyanjiededianpu, JiangNingTanYi, Jniehouse, LIQIUZEN, LIUzhenHU, mingwangseo, NiuYeJiao, Qimy, qiquanshengtian, QUNPIU, RuiYii, RXKJ-US, SEIFE-TREXSPACE, Sheila Christy, SK Watch Band, Sugar Association, suizhoushizengduqurundawenjudian, SWAROVSKl Store, Tinkwell Store, WANGGANQIN, wenchangzhangcantaowangluokejiyouxiangongsi, Woniaqev, wuzhubaihuoyouxiangongsi, Xianlangge Store, xishuangbannaxuqishangmaoyouxiangongsi, yunxiaoxianyubangbaihuodian, ZhangYuZhangYude, mara2 Store, ying_clothing Store, homocean, rbrj8335, Sneakers_china, linming537, nowsneakerss, xiansen3130, zby888888, Hongsheng Business Technology Co., Ltd., HRSR, Jiangsiyun, KaLI_store, Kujoy Co.Ltd, LEWOTE, rache-637, SHENZHENQIANHAIKAICHUANGSHIDAIGUANGGAOYOUXIANGONGSI, SHENZHENSHI ANJUDIANZISHANGWU youxiangongsi, ShenZhenShiBiMeiWanJuYouXianGongSi, ShenZhenShiManYuanJuKeJiYouXianGongSi, Shenzhenshiyixuanmaoyiyouxiangongsi, shuangguoba, Star, TIAN JIN SHUN TUO KE JI YOU XIAN GONG SI, Toreach, WUDIWang, YFPWM, YONGER CO.,LIMITED, Yueteng and Zhuoshengben., Ltd added to case caption. (Text entry; no document attached.)

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

SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/23/2023, answer due 6/13/2023.

Declaration of Marcella D. Slay

Exhibit A

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

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

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

MOTION by Defendant Yiwu NM Auto Accessories Firm for extension of time

ATTORNEY Appearance for Defendant Yiwu NM Auto Accessories Firm by Yifei Deng

NOTICE of Voluntary Dismissal by Nike, Inc. as to Certain Defendants

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[38]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[39]

Exhibit 1

ATTORNEY Appearance for Defendants Jiangsiyun, TIAN JIN SHUN TUO KE JI YOU XIAN GONG SI, Tinkwell Store, Yueteng, Zhuoshengben., Ltd, shuangguoba by Adam Edward Urbanczyk

ANSWER to Complaint by Yiwu NM Auto Accessories Firm

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yiwu NM Auto Accessories Firm

MOTION by Defendants Jiangsiyun, TIAN JIN SHUN TUO KE JI YOU XIAN GONG SI, Tinkwell Store, Yueteng, Zhuoshengben., Ltd, shuangguoba for extension of time

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

MINUTE entry before the Honorable Mary M. Rowland: The Court is in receipt of Plaintiffs' motion for default and default judgment [38]. The motion is under advisement. The Court will require a supplemental report to the default judgment motion that identifies: (1) all accounts associated with Defendants identified in Schedule A; (2) whether the accounts are frozen; and (3) the amounts in each account. If sealing any information is required, Plaintiffs may file an accompanying motion to seal. Plaintiffs' supplemental report shall be filed on or before 7/21/23. In addition, if a revised motion for default and default judgment is needed, Plaintiffs should file the revised motion on or before 7/21/23 and re-submit a corresponding proposed order to the Court's proposed order box. Finally, status hearing set for 7/12/23 is stricken. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Defendant Yiwu NM Auto's motion for extension [35] is denied in moot in light of Yiwu NM Auto's answer [42]. Defendants Jiangsiyun, TIAN JIN SHUN TUO KE JI YOU XIAN GONG SI, Tinkwell Store, Yueteng, Zhuoshengben., Ltd, shuangguoba's motion for extension of time [44] is granted. Those defendants have until 7/11/23, if necessary, to respond to Plaintiff's complaint. Mailed notice.

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

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

Exhibit A

MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment[49]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[50]

Exhibit 1

Supplemental Report Regarding Plaintiff's Motion for Entry of Default and Default Judgment by Nike, Inc.

Exhibit 1

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

MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the proposed default judgment order and Plaintiff's supplemental statement regarding the defaulting defendants' accounts 52. The Court finds $500,000 per defaulting defendant to be excessive in light of the nature of this case and the amounts identified in Plaintiff's report about defaulting defendants' accounts. See Emoji Co. GmbH v. Individuals Identified on Schedule A Hereto, No. 20-CV-04678, 2022 WL 4465593, at *3 (N.D. Ill. Sept. 26, 2022) (noting that the Seventh Circuit has explained that district courts have "wide discretion" in awarding statutory damages). Therefore the Court will permit $50,000 in statutory damages per defaulting defendant. Plaintiff shall submit to the Court's proposed order box a revised proposed default judgment order in accordance with this order. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's revised motion for default and default judgment 49 is granted. Motion for default 38 is denied as moot. Enter Final Judgment Order. Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Mary M. Rowland on 7/28/2023. Mailed notice.

FULL SATISFACTION of Judgment regarding order 56 in the amount of $50,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 56 in the amount of $50,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[56] in the amount of $50,000 as to certain defendant

MOTION by Attorney Faye Yifei Deng to withdraw as attorney for Yiwu NM Auto Accessories Firm. New address information: Jiliang Wang, Floor 3, No. 1, West Lane 1, Shangshajing Street, Taihe Town, Guangzhou, Guangdong, China 510540

Appendix Notification of Party Contact Information

MINUTE entry before the Honorable Mary M. Rowland: Motion to withdraw as attorney 60 is granted. Attorney Yifei Deng terminated.Case remains closed. Mailed notice.

MOTION by Plaintiff Nike, Inc. for sanctions Pursuant to Rule 37

DECLARATION of Berel Y. Lakovitsky regarding motion for sanctions 62

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to: Plaintiff's motion for sanctions [62]. Mailed notice.

MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the motions for sanction [64] against Defendant No. 16, Yiwu NM Auto Accessories Firm. Status hearing set for 11/27/2023 at 9:30 a.m. by telephone to discuss whether new counsel will be appearing for this defendant. Plaintiff's counsel is directed to provide notice to Defendant Yiwu NM Auto and ask that a representative appear at the hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 978 352 73. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

CERTIFICATE of Service by Plaintiff Nike, Inc. regarding set/reset hearings, 65

Exhibit 1

Exhibit 2

(Exhibit 3)

MINUTE entry before the Honorable Sunil R. Harjani: Status hearing held. As discussed on the record, Plaintiff's motion for sanctions [62] is denied as moot, without prejudice to refile at a later time if necessary. The parties appeared to have reached a settlement on this matter and will file the necessary paperwork before the district judge shortly. Mailed notice

STIPULATION of Dismissal

MINUTE entry before the Honorable Mary M. Rowland: Pursuant to the Joint Stipulation of Dismissal 68, Defendant Yiwu NM Auto Accessories Firm is dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party to bear its own costs and attorneys' fees. Case remains closed. Mailed notice.

MINUTE entry before the Honorable Sunil R. Harjani: In light of the dismissal of Defendant Yiwu NM Auto, all matters related to the referral are concluded and the referral is closed. Mailed notice

FULL SATISFACTION of Judgment regarding order[56] in the amount of $50,000 as to certain defendant