2023-cv-02779

COMPLAINT filed by Fox Head, Inc.; Filing fee $ 402, receipt number AILNDC-20602226.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

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

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

CIVIL Cover Sheet

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

Notice of Claims Involving Trademarks by Fox Head, Inc.

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Justin R. Gaudio

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment.

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Amy Crout Ziegler

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.

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Rachel S Miller

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Trevor Christian Talhami

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MOTION by Plaintiff Fox Head, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Fox Head, 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 Vance Lommen regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Fox Head, Inc. Exhibit 2 - Parts 1 - 4 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

(Exhibit 2-4)

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

MEMORANDUM by Fox Head, 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)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 13, motion for leave to file 3, motion for miscellaneous relief 18 before Honorable Sara L. Ellis on 5/10/2023 at 09:45 AM.

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Kahlia Roe Halpern

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for leave to file under seal [3], for entry of a temporary restraining order [13], and for electronic service of process [18]. The Court sets a status date for 5/24/2023 at 9:30 a.m. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Emailed notice

MOTION by Plaintiff Fox Head, Inc. for Entry of Sealed Order

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 24 before Honorable Sara L. Ellis on 5/17/2023 at 09:45 AM.

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Allyson M. Martin

MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on 5/17/2023. Plaintiff's motion for entry of sealed order [24] is granted. Telephone Conference set for 5/23/2023 is stricken and reset to 5/31/2023 at 9:30 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). 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 5/17/2023

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

SURETY BOND in the amount of $ 10,000 posted by Fox Head, Inc.

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

MEMORANDUM by Fox Head, Inc. in support of extension of time 30

(Declaration of Rachel S. Miller)

NOTICE of Motion by Rachel S Miller for presentment of extension of time 30 before Honorable Sara L. Ellis on 5/31/2023 at 09:30 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of the temporary restraining order 30 and extends the TRO through 6/14/2023. The Court strikes the status date set for 5/31/2023 and resets it to 7/6/2023 at 1:30 p.m. Plaintiff should file and notice for presentment at the next status date any motion for preliminary injunction. Should Plaintiff wish to have its motion for preliminary injunction heard earlier, it should notice the motion before the Emergency Judge. 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 Fox Head, Inc. as to certain defendant

MOTION by Plaintiff Fox Head, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Fox Head, Inc. in support of motion for preliminary injunction 35

Declaration of Rachel S. Miller

(Exhibit 1)

NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction 35 before Honorable Sara L. Ellis on 6/14/2023 at 09:45 AM.

SUMMONS Returned Executed by Fox Head, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/9/2023, answer due 6/30/2023.

Declaration of Trevor C. Talhami

(Exhibit A)

MINUTE entry before the Honorable Thomas M. Durkin: This matter is before Judge Durkin as the Emergency Judge. A telephone hearing as to the motion for preliminary injunction [35] is set for 6/14/2023 at 9:00 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.

MINUTE entry before the Honorable Thomas M. Durkin: This matter is before Judge Durkin as the Emergency Judge. Motion hearing held on 6/14/2023. No one was present on behalf of any defendants. For the reasons stated on the record, Plaintiff's Motion for Entry of a Preliminary Injunction 35 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Schedule A to the Complaint 2, Exhibit 2 to the Declaration of Vance Lommen 17, and the TRO 28. 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 is set for 7/14/2023 at 9:00 a.m. before Judge Ellis. Mailed notice.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 6/14/2023. Mailed notice.

NEW PARTIES: Guangzhou Jiusi Shangpin Brand Planning Co., Ltd., Guangzhou Jiusi Shangpin Brand Planning Co., Ltd. 2, Guangzhou Lituo Technology Co., Ltd., OEM (Dongguan) Sportswear Co., Ltd., Yutu (guangdong) Sports Culture Communication Co., Ltd., Cycling Jersey Equipment Club Store, Extreme sportsports Store, father's broken shop Store, Fox Downhill Mtb Store, FOX MTB Store, FOX SYNDICATE Store, FOXCUP Store, Happyiness Store, He Car Stickers and Decals Store, LairchDan Store, MTB FOX FACTORY Store Store, Ohyes-w, PZ Moda Masculina De Luxo Store, QQ Bikers Store, Riding Glove Gear Store, SANTA CRUZ jersey Store, santa cruz Store, Shop1100221955LT Store, Shop1100267271 Store, Shop1102135777 Store, Shop1102165374 Store, Shop1102304630 Store, Shop1102333092 Store, Shop1102407915 Store, Shop1102409202 Store, Shop1102497044 Store, Shop1102513486 Store, Shop1102520735 Store, Shop1102550530 Store, Shop1102658758 Store, Shop4826008 Store, Shop911415155 Store, Spraying Xingyue Xi Store, THORS Store, TKCK Store, Tom Jersey Store, Tom Ridding Gloves Store, TURMP Store, V-Best, VEMAR VND Brand Store, HUIHUIXIAO, Jingdezhen Xuqiang Ceramics Co., Ltd., SONG XIAO XIAN, SunYes-Direct, xiuxiumei, yanbaobao001, YiNa Grocery, yucaohuanjia, ZhangBaoHanDJKSHFJKDSLKJDLS, baluya, bqce, buygoushdh, designer_bagss, dhgatekone, hahq, hotouyodh88, installation1, jekr, jianjiacang, katema, mr1x, paul_store, rick_owens, sovc, tz6607, vnwx, daifeitian, lishutao, sijijm, silkclothing-0, siqiqn_98, wenhao_50, yanpin862, zhangguoqing6, zhouwei_7017, zhuenduo, zuowanyu, nanningshanyumaoyiyouxiangongsi, 28silverystore.com, 365rockintee.com, apparelgift.com, back-street-tees.com, dirtbikeloves.com, merchcustom.com, race4monsters.com, racingcar4love.com, smakertee.com, stylishcustom.com, toptrendingus.com, vetigoti.com, DennisLuttrell, Dream Spaces, eraserd, HANXU_Daiyu, mae.roob, Outdoor cycling clothing store 004, shengzhuxiang2195 and tjhtyzxcdxzf added to case caption.

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

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

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status dates set for 7/6/2023 and 7/14/2023 and resets it to 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. 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 Fox Head, Inc. as to Certain Defendants

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

(Exhibit A)

MEMORANDUM by Fox Head, Inc. in support of motion for entry of default, motion for default judgment 46

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 47

(Exhibit 1)

NOTICE of Motion by Rachel S Miller for presentment of motion for entry of default, motion for default judgment 46 before Honorable Sara L. Ellis on 7/19/2023 at 09:30 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for default judgment [46]. The Court enters judgment in favor of Plaintiff and against Defendants on amended Schedule A. Civil case terminated. Mailed notice.

DEFAULT JUDGMENT ORDER signed by the Honorable Sara L. Ellis on 7/18/2023. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA. (jk2,)

FULL SATISFACTION of Judgment regarding order 51 in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order 51 in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order 51 in the amount of $100,000 as to certain defendant

NOTICE of withdrawal of bond [29] by John Summerfield. (Attachment) (Received at the Intake Counter on 03/29/2024)

FULL SATISFACTION of Judgment regarding order 51 in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 51 in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[51] in the amount of $100,000 as to certain defendants