2023-cv-02733

COMPLAINT filed by Viacom International Inc.; Filing fee $ 402, receipt number AILNDC-20593954.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Viacom International Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Viacom International Inc. for Leave to File Certain Documents Under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Viacom International Inc.

Notice of Claims Involving Trademarks by Viacom International Inc.

ATTORNEY Appearance for Plaintiff Viacom International Inc. by Martin Francis Trainor

ATTORNEY Appearance for Plaintiff Viacom International Inc. by Sameeul Haque

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Young B. Kim. 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.

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file certain documents under seal [3] is granted. Mailed notice

MOTION by Plaintiff Viacom International Inc. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Viacom International Inc. in support of motion for miscellaneous relief[11]

Declaration of Martin F. Trainor

Exhibit 1

DECLARATION of Paul Varley regarding memorandum in support of motion[12]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Viacom International Inc. Exhibit 3, Parts 1-7 regarding declaration[13]

Exhibit Exhibit 3, Part 1

Exhibit Exhibit 3, Part 2

Exhibit Exhibit 3, Part 3

Exhibit Exhibit 3, Part 4

Exhibit Exhibit 3, Part 5

Exhibit Exhibit 3, Part 6

(Exhibit Exhibit 3, Part 7)

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

MEMORANDUM by Viacom International Inc. in support of motion for miscellaneous relief[15]

Declaration of Martin F. Trainor

Exhibit 1

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Andrea R. Wood for all further proceedings pursuant to the provisions of 28:294(b). Honorable Charles P. Kocoras no longer assigned to the case. Signed by Executive Committee on 5/8/23.

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [11], and motion for electronic service of process purusant to Fed. R. Civ. P. 4(f)(3) [15] are set for a telephonic motion hearing on 5/17/2023 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 5/17/2023. For the reasons stated on the record, Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [11], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [15] are granted. Enter Sealed Temporary Restraining Order. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:30 a.m. on 5/17/2023 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 5/31/2023 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 5/17/2023. Mailed notice

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

MINUTE entry before the Honorable Andrea R. Wood: The minute order dated 5/17/2023 [19] and the Sealed Temporary Restraining Order [20] are corrected to reflect that the Sealed Temporary Restraining Order is entered effective 5/25/2023 at 9:30 AM. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER (Corrected). Signed by the Honorable Andrea R. Wood on 5/25/2023.

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 5/31/2023 is stricken and reset for 6/8/2023 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

SURETY BOND in the amount of $10,000 posted by Viacom International Inc. (Document Not Imaged) (axk,)

NOTICE of Voluntary Dismissal by Viacom International Inc. as to a certain Defendant

MOTION by Plaintiff Viacom International Inc. to Extend the Temporary Restraining Order

MEMORANDUM by Viacom International Inc. in support of motion for miscellaneous relief[26]

Declaration of Martin F. Trainor

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex parte motion to extend the temporary restraining order [26] is granted. The Court finds good cause to extend the Temporary Restraining Order an additional 14 days until 6/22/2023. Telephonic status hearing set for 6/8/2023 is stricken and reset for 6/22/2023 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

NOTICE of Voluntary Dismissal by Viacom International Inc. as to a certain Defendant

NOTICE of Voluntary Dismissal by Viacom International Inc. as to a certain Defendant

SUMMONS Returned Executed by Viacom International Inc. as to The Partnerships and Unincorporated Associations Identified On Schedule A on 6/16/2023, answer due 7/7/2023.

Declaration of Sameeul Haque

Exhibit A

MOTION by Plaintiff Viacom International Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Viacom International Inc. in support of motion for preliminary injunction[32]

Declaration of Martin F. Trainor

Exhibit 1

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 6/22/2023. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [32] is granted. Enter Preliminary Injunction Order. The Clerk's Office is directed to unseal: (1) Schedule A attached to the Complaint [2]; (2) Exhibit 3, Parts 1-7 [14], and (3) the sealed temporary restraining order [20], [22]. Plaintiff's counsel 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 https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic status hearing set for 7/27/2023 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 6/22/2023. Mailed notice

NEW PARTIES: Dongguan Kunhong Plastic Products Co., Ltd., Dongguan Nuoyi Toys Co., Ltd., Foshan Longqiangtai Technology Co., Ltd., Luoyang Daixi Import And Export Trade Co., Ltd., Shantou Wingo Toys Factory, Shenzhen Justdu Electronic Co., Ltd., Shenzhen Tenoci Tech. Co., Ltd., Shenzhen Tianchan Arts & Craft Co., Ltd., Shenzhen Yungang Supply Chain Management Co., Ltd., Tonglu Qinyang E-Commerce Co., Ltd., Tonglu Zhuowai E-Commerce Co., Ltd., Wuhan Tknow Technology Co., Ltd., Yangjiang Yihaiyuan Information Technology Co., Ltd., Yiwu Be Creative Arts&Crafts Co., Ltd., Yiwu Ruan Ge Electronic Commerce Co., Ltd., Yiwu Youyi Trade Co., Ltd., Yiwu Zongyuan Imp & Exp Co., Ltd., Bin Bin Cos Store, Dashan Figure Store Store, Dreamy toy Store, Drop Shipping Figures Toy Store, Figure Toys Store, Figures Toy House Store, FOR friend Store, Happy Build your world Store, Lefunny Store, lemons toy Store, Original Brand Toy Store, Original Good Smile Toy Store, Shop4685120 Store, Shop911125275 Store, StarryNight Toy Store, Toy World House Store, ToysCollector Store, Xerxes Toy Store, Baolianzhu Store, CN.Bricks, Dog Dog party, E FLY, Ebru Handses, Erkan Aydogmustore, fujcobm, Haikou xijiahuan Trading Co., Ltd, Hector Fabio Delgado Giraldo shop, Hefei Duanyou Trading Co., Ltd, Hefei pengbian Trading Co., Ltd, HomeLife Direct, inandout_usa, jinangengnuogedianzishebeiyouxiangongsi, LMYGBY, lukeyi, MMXBHSD, MOYUZHONGZHI US, QiuGaoJun-shop, Ronesguilar, Saad 2shop, Thomppibola, TingXianDuan US, TOPSHOP2022, A1US3PO979B6CW, wanzaixianlidongzibaihuodian, XXHGBY, Yanerxin, yichangdingxiaozidianzishangwuyouxiangongsi, yichangruiluozhanshangmaoyouxiangongsi, YJSC, Zanolojas, ZERUN SHOP, A2Z6NVC04P8EN8, A2IXVU1K4VL16G, nugetsshoes, toyforchild2, aaaki_shopping_mart, aelove_mall, asankmaduwanth16, baifa-168, bimalka92, clazeefy, dachath68, dealsart, dreamchoice100, e_shop_mart, empireexpressltd, goodschina2011, gridlock-box, jeekan-44, jindi2088, johnny-dreamboy, kvin_paramart, luke_smat, maal22385622, madsushop, mr_safe_store, one-click-shopping, productser, sachga2, sayuru-777, shirlys_21, tharindisha_1, tharindu_td, toyrandy97, unique_store6, yesfar2cart, ecraterplush, DarkhouseShop, IdlesCustom3DPrints, MinifigureClub, NoveltyGiftsAndMore, Chengdu Sifusong Electronic Commerce, Fangnuo Hardware Processing Shop, Hangzhounianchenmaoyiyouxiangongsi, Nan Tong You Hao Wang Luo Ke Ji You Xian Gong Si, Shenzhen Xinhui Jixie Youxiangongsi, Shenzhenshichangchendianzishangwuyouxiangongsi, MOONBACKS, mozaer, showzstore, zhengzhougongwanshangmaoyouxiangongsi, bjsiis, mqcvrhnh and shiquanchao added to case caption. Terminating The Partnerships and Unincorporated Associations Identified On Schedule A

NOTICE of Voluntary Dismissal by Viacom International Inc. as to certain Defendants

NOTICE of Voluntary Dismissal by Viacom International Inc. as to a certain Defendant

NOTICE of Voluntary Dismissal by Viacom International Inc. as to a certain Defendant

NOTICE of Voluntary Dismissal by Viacom International Inc. as to a certain defendant

MINUTE entry before the Honorable Andrea R. Wood: Telephone conference hearing held on 7/27/2023 and continued to 8/30/2023 at 9:45 a.m. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

NOTICE of Voluntary Dismissal by Viacom International Inc. as to a certain defendant

NOTICE of Voluntary Dismissal by Viacom International Inc. as to a certain defendant

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

Exhibit A

MEMORANDUM by Viacom International Inc. in support of motion for entry of default, motion for default judgment[43]

Exhibit 1

Exhibit 2

DECLARATION of Martin F. Trainor regarding memorandum in support of motion[44]

Exhibit 1

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 8/30/2023. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment [43] is taken under advisement. Telephonic status hearing set for 9/20/2023 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

NOTICE of Voluntary Dismissal by Viacom International Inc. as to a certain defendant

ATTORNEY Appearance for Plaintiff Viacom International Inc. by Sydney Paige Fenton

MOTION by Attorney Sameeul Haque to withdraw as attorney for Viacom International Inc. No party information provided

MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel to withdraw as attorney [49] is granted. Attorney Sameeul Haque is terminated as counsel of record. Mailed notice

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 9/20/2023 and continued to 10/4/2023 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

NOTICE of Voluntary Dismissal by Viacom International Inc. as to a certain defendant

NOTICE by Sydney Paige Fenton of Change of Address

NOTICE by Martin Francis Trainor of Change of Address

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 10/4/2023 is stricken; parties need not appear. Mailed notice

NOTICE of Voluntary Dismissal by Viacom International Inc. as to a certain defendant

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.

ATTORNEY Appearance for Plaintiff Viacom International Inc. by Alexander Whang

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default judgment [43] is granted. Specifically, after a hearing and having considered Plaintiff's motion and supporting materials, the Court grants Plaintiff's request for entry of default and default judgment as to Defaulting Defendants. None of Defaulting Defendants timely answered or otherwise appeared and therefore entry of default pursuant to Fed. R. Civ. P. 55(a) is appropriate. "The basic effect of an entry of default. is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true." VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (internal quotation marks omitted).The Court finds that Defaulting Defendants' infringing conduct was willful. With respect to monetary relief, Plaintiff requests an award of $500,000 in statutory damages for trademark infringement under 15 U.S.C. § 1117(c)(2) against each Defaulting Defendant. In addition, Plaintiff requests an award of $100,000 in statutory damages for copyright infringement under 17 U.S.C. § 504 against each Defaulting Defendant. In determining the amount of statutory damages to award in this case, the Court has considered the difficulty or impossibility of proving actual damages, the circumstances of the infringement, the efficacy of the damages as a deterrent to future infringement, the value of the Plaintiff's brand and its efforts to protect the brand, and the extent or profitability of the Defaulting Defendants' wrongful activities. In addition, the Court has considered the amounts of statutory damages requested and awarded in similar cases. Based on these factors, the Court awards Plaintiff its requested relief. Enter Default Judgment Order. As all claims as to all Defendants have been resolved, this case will be closed. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 3/20/2024. Mailed notice