2023-cv-02781

COMPLAINT filed by Spin Master Ltd., Spin Master, Inc.; Filing fee $ 402, receipt number AILNDC-20602492.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master, Inc.

Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master, Inc.

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment.

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin R. Gaudio

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 Plaintiffs Spin Master Ltd., Spin Master, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Christopher S Hermanson

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Andrew Daniel Burnham

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

AMENDED complaint by Spin Master Ltd., Spin Master, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Schedule A regarding amended complaint, 14

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for temporary restraining order 16

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Chris Harrs regarding memorandum in support of motion 17

Exhibit 1

Exhibit 2

(Exhibit 3)

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Exhibit 4 regarding declaration 19

(Exhibit 4)

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for miscellaneous relief 21

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 22

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [16] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), 17 U.S.C. § 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark and copyright owners need only gross sales, and defendants must show costs or deductions. 15 U.S.C. § 1117(a); 17 U.S.C. §504(b). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [3] for leave to file under seal is granted in light of the asset-restraint goal. By 05/29/2023, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion [21] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 06/02/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/30/2023.Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/22/2023. Emailed notice

Registry Deposit Information Form by Spin Master Ltd., Spin Master, Inc.

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

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of extension of time[27]

Declaration of Justin T. Joseph

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts justifying entry of the initial TRO, the motion to extend the TRO 27 is granted. The extension lasts through 06/19/2023. The tracking status hearing of 06/02/2023 is reset to 06/16/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report (and preliminary injunction motion if appropriate) by 06/09/2023. Emailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for preliminary injunction[30]

Declaration of Justin T. Joseph

Exhibit 1

SUMMONS Returned Executed by Spin Master Ltd., Spin Master, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/5/2023, answer due 6/26/2023.

Declaration of Andrew D. Burnham

STATUS Report pursuant to 29 by Spin Master Ltd., Spin Master, Inc.

(Exhibit A)

MINUTE entry before the Honorable Edmond E. Chang: In light of the same circumstances that justified entry of the TRO, the motion for preliminary injunction [30] is granted. Given the answer deadline of 06/26/2023, the tracking status hearing of 06/16/2023 is reset to 07/14/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 07/06/2023. If the Defendant does not answer on time, then the Defendant shall be deemed in default and the Plaintiff shall file a motion for default judgment by the same deadline. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 06/15/2023. Emailed notice

NEW PARTIES: Quanzhou Ruzi Trading Co., Ltd. added to case caption.

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for entry of default, motion for default judgment, 36

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 37

(Exhibit 1)

STATUS Report pursuant to 34 by Spin Master Ltd., Spin Master, Inc.

(Exhibit A)

FINAL JUDGMENT ORDER: In light of the absence of a timely answer, the Plaintiff's motion 36 for default judgment is granted in part. Judgment entered in favor of the Plaintiff and against the Defendants in the amount of fifteen-thousand ($15,000). Permanent injunction entered in light of the finding of willfulness. A separate AO-450 judgment shall be entered. The tracking status hearing of 07/14/2023 is vacated. Civil case terminated. Signed by the Honorable Edmond E. Chang on 7/10/2023. Mailed notice.

ENTERED JUDGMENT. Mailed notice.