2023-cv-02700

COMPLAINT filed by Bestway Inflatables & Material Corp.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20589552.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Robert Payton Mcmurray

MOTION by Plaintiff Bestway Inflatables & Material Corp. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bestway Inflatables & Material Corp.

CASE ASSIGNED to the Honorable Sara L. Ellis. 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.

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Bestway Inflatables & Material Corp. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for temporary restraining order, 10

Declaration Li Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 1 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 2 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 3 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 4 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 5 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 6 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 7 of Li Declaration

Notice of Claims Involving Trademarks by Bestway Inflatables & Material Corp.

NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 10 before Honorable Sara L. Ellis on 5/9/2023 at 09:45 AM.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

(Trademarks)

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

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for leave to file under seal 6, for leave to file excess pages 9, and for entry of a temporary restraining order 10. The Court sets a status date for 5/23/2023 at 9:30 a.m. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sara L. Ellis on 5/10/2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 25 before Honorable Sara L. Ellis on 5/23/2023 at 09:30 AM.

SURETY BOND in the amount of $10,000 posted by Bestway Inflatables & Material Corp. (Document not scanned.)

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for leave to extend the temporary restraining order 25. The Court extends the TRO through 6/7/2023. The Court strikes the status date set for 5/23/2023. The Court will not be available upon the expiration of the TRO. Thus, Plaintiff should file and notice for presentment any motion for preliminary injunction before the Emergency Judge. Mailed notice

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 89

MOTION by Plaintiff Bestway Inflatables & Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for preliminary injunction 30

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 30

MINUTE entry before the Honorable Thomas M. Durkin: This matter is before Judge Durkin as Emergency Judge. A telephone hearing as to the motion for preliminary injunction 30 is set for 6/7/2023 at 9:15 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

SUMMONS Returned Executed by Bestway Inflatables & Material Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/2/2023, answer due 6/23/2023.

ATTORNEY Appearance for Defendant Kinyu by Timothy Tiewei Wang

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant No. 108

MINUTE entry before the Honorable Thomas M. Durkin: This matter is before Judge Durkin as the Emergency Judge. Motion hearing held on 6/7/2023. Counsel for Defendant Kinyu was present on the call. No other defendants appeared. Pursuant to the notice of voluntary dismissal 36, Defendant Kinyu is dismissed without prejudice. For the reasons stated on the record, Plaintiff's Motion for Entry of a Preliminary Injunction 30 is granted. Plaintiff's counsel is to send an updated proposed Preliminary Injunction Order to Judge Durkin's proposed order inbox. The Clerk's office is directed to unseal Plaintiff's Complaint, Schedule A to the Complaint [Dkt. No. 7], Exhibit 2 to the Declaration of Eric Li [Dkt. Nos. 12-18], and the TRO [Dkt. No. 24]. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. For tracking purposes, a status hearing before Judge Ellis is set for 7/7/2023 at 9:00 a.m. Plaintiff's counsel is to contact Judge Ellis' courtroom deputy as to whether the status hearing will proceed on that date. Mailed notice.

NEW PARTIES: acemantrad_0, aoodoo, bao3177, beautygirl666, best_deal_92266, bluebird8286, costfactor, dopexd_ciolsed, emwe 97, ezlinkglobal, fasterstore2411, fcmkfdbu8, fuxinlugga0, golddiscoveryclub, hamkha_2, heywongsupply, ho5s_0, hoanngu3320, jack3d84, jacobputian5, jioooosm, justeej, lakmal98, luckymart86, luxuan_0, lyou0406, monalovelynn, monazp, mswofficialgo, pleauhaydaqm8, qunyzeng66, rafaeldeoleo, sewwantha, sosports123 and springs99 added to case caption.

NEW PARTIES: strives, suminandi-0, tan16-4211, the_digital_mall, toz2013, trondo-96, tucao-14, urbanrenewalhkbr-0, waruna12, wenxilin, winters696, xiatiand-53, yiting-3, zengqy018, 01power1supplier, 82-mart, abh shops, acldecorationconstru-0, animal hub2010, cartwhe_19, ccr2002-9, chenpingping, crowds_people, dakanghua213, dodch_0, eroyal_mart5, eski5197, gemmafreda1982, haoyush-93, hoan-6669, htg-uk, jiangdesong-01, jun798_31, jus775522, juy_297, kavtha-67, lbh shops4u, leth_5323, loobysh, michaetkashma0, muhasidd_7275, mumai90, n ph-54, prettyandhot, sandarustore, second 6, selena-deals, shaaf165, sight-02, sln_all_in_one_mart, supersta61, terisolou, wavebl-44, wfhx-coolstar, wfvl3181, yihongxinghongkongt-0, zhcheer_87, zhitan_69, zhouhuan-88, Amptyhub pool, BassTop, binzhouwubangcaimaoyiyouxiangongsi, BrightLighs-US, Dallhart, Dayear outdoor supplies, dihapo, drinktowind, DuangLei-AMZ, FilledwithLove, Ganggededian, GDYYEZI-shops, JZSMY, meihansiyunama, MING-MCZ, PartMaster, PHGH, Snow in winter, Southsupply, Swviit, YiMai-US and Yongsheng Electronic Commerce Co., Ltd. added to case caption.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 6/7/2023. Mailed notice.

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 52, 55, 72

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 64

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 94

ATTORNEY Appearance for Defendant Swviit by Wesley E. Johnson

ATTORNEY Appearance for Defendant Swviit by Shu-yu Lin (Lin, Shu-yu)

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 81

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 96

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 99

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 102, 116

MOTION by Defendant Swviit for extension of time to file answer (Agreed)

NOTICE of Motion by Wesley E. Johnson for presentment of motion for extension of time to file answer 48 before Honorable Sara L. Ellis on 7/6/2023 at 01:45 PM.

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 98

ATTORNEY Appearance for Defendant Amptyhub pool by Kevin John Keener

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No.86

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendant's motion for extension of time to answer or otherwise plead 48. Defendant's responsive pleading is due by 7/14/2023. The Court sets a status date for 7/19/2023 at 9:30 a.m. Plaintiff should file any motion for default judgment and notice it for presentment at the next status date. No appearance is required on 7/6/23 or 7/7/23. Attorneys/Parties should appear for the hearing by calling the toll-free number: (866) 434-5269, access code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No.97

MOTION by Defendant Swviit for extension of time to file answer (Agreed)

DECLARATION of Robert P. McMurray Declaration of Service

MOTION by Plaintiff Bestway Inflatables & Material Corp. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for default judgment 57

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 57

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 57 before Honorable Sara L. Ellis on 7/19/2023 at 09:30 AM.

MOTION by Defendant Swviit to unseal document sealed document 14, sealed document 15, sealed document 13, SEALED Order 24, sealed document 18, sealed document 12, sealed document 16, sealed document 17

NOTICE of Motion by Wesley E. Johnson for presentment of motion to unseal document, 61, motion for extension of time to file answer 55 before Honorable Sara L. Ellis on 7/19/2023 at 09:30 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for extension of time to answer or otherwise plead 48. Defendants' responsive pleading is due by 8/7/2023. The Court enters and continues Plaintiff's motion for default judgment 44 to 8/8/2023 at 9:45 a.m. The Court strikes the status date set for 7/19/2023 and resets it to 8/8/2023 at 9:45 a.m.Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

MOTION by Defendant Amptyhub pool for extension of time Unopposed

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Amptyhub pool

Declaration of Kevin Keener

(Exhibit 1 to Declaration of Kevin Keener)

MOTION by Defendant Amptyhub pool to vacate order 38

SEALED DOCUMENT by Defendant Amptyhub pool Declaration of Kevin Keener

Exhibit 1 to Declaration of Kevin Keener

Exhibit 2 to Declaration of Kevin Keener

(Exhibit 3 to Declaration of Kevin Keener)

MOTION by Defendant Amptyhub pool to seal document sealed document, 67

NOTICE of Motion by Kevin John Keener for presentment of Motion to Dismiss for Failure to State a Claim 65, extension of time 64, motion to vacate 66, motion to seal document 68 before Honorable Sara L. Ellis on 7/26/2023 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: Telephone motion hearing held on 7/26/2023. Counsel for Defendant failed to appear. Plaintiff reports settlement negotiations are ongoing. The Court enters and continues Defendant's motions 65, 66, and 68 to 8/8/2023 at 9:45 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 106, 107

ATTORNEY Appearance for Defendant FilledwithLove by Gokalp Bayramoglu

ATTORNEY Appearance for Defendant FilledwithLove by David Silver

MINUTE entry before the Honorable Sara L. Ellis: Telephone motion hearing held on 8/8/2023 and continued to 8/31/2023 at 1:45 PM with joint status report by 8/24/2023. Motions [64], [65], [66], and [68] are withdrawn. Plaintiff's motion for entry of default and default judgment against the defendants identified in amended schedule a [57] is entered and continued to 8/31/2023. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 112

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 95

STATUS Report Joint Status Report by Bestway Inflatables & Material Corp.

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 115

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No.104

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 8/31/2023. Motion for default judgment 57 is granted. Enter Order. Civil case terminated. Mailed notice

SATISFACTION of Judgment

DEFAULT JUDGMENT ORDER. Signed by the Honorable Sara L. Ellis on 9/26/2023: Mailed notice

SATISFACTION of Judgment