2023-cv-03026

COMPLAINT filed by Swarovski Aktiengesellschaft, Swarovski North America Limited; Filing fee $ 402, receipt number AILNDC-20636714.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited Schedule A regarding complaint[1]

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Swarovski Aktiengesellschaft, Swarovski North America Limited

Notice of Claims Involving Trademarks by Swarovski Aktiengesellschaft, Swarovski North America Limited

ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. 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.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited 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 Kateryna Pereverzeva regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited Exhibit 3 - Parts 1-3 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

(Exhibit 3-3)

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited 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 pending Motion for Temporary Restraining Order [13], along with the motion to seal and for electronic service. 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 6/16/23 at 9:15am. Parties should call 866-434-5269; access code 3751971. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Mary M. Rowland on 5/31/2023. Mailed notice.

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

INJUNCTION BOND in the amount of $ 76,000.00 posted by Swarovski Aktiengesellschaft, Swarovski North America Limited. (Document not scanned).

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for extension of time of Temporary Restraining Order

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of extension of time 25

(Declaration of Marcella D. Slay)

MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs motion for extension of time of Temporary Restraining Order 25 is granted. Enter order. Telephonic status hearing set for 6/16/23 is stricken. Mailed notice.

EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Mary M. Rowland on 6/14/2023. Mailed notice.

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for preliminary injunction as to certain Defendants

(Exhibit A)

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited in support of motion for preliminary injunction 29

Declaration of Marcella D. Slay

(Exhibit 1)

SUMMONS Returned Executed by Swarovski Aktiengesellschaft, Swarovski North America Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/23/2023, answer due 7/14/2023.

Declaration of Thomas J. Juettner

(Exhibit A)

MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs' motion for preliminary injunction as to certain Defendants [29] 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. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Mary M. Rowland on 6/27/2023. Mailed notice.

NEW PARTIES: Dongyang Yuliang E-Commerce Firm, Haifeng County Meilong Lafu Jewelry Factory, 9 Point Store, Allin Jewel Store, GIAUSA No.2 Store, KTMGAVA GOYAN Store, Magic Jewelry Shop Store, MEEKCAT 925 silver Store, Miredo, Peninsula Life Store, shop day Store, Shop1102524422 Store, Shop1102551219 Store, Shop1102770203 Store, Shop4650070 Store, The Lowest Wholesale Price Of Luxury Jewelry Store, Yuantingnong Store, zw88 Store, Amanman, Arardo, Awenyu, jby32454gdf, KDCQAH, KRASTAL, Mars jewelry, NFGLOOKFF (Delivery about 7- 15 work days), onggo539, pureland2022, SHOUJIKEDMZZR, SWA.ROViSKI-US, Vezoy, XYZTK, yangguangusa, yc8888, corneliaa_store, designer77, dsdx, fahmiwatch, gkh9, gm4l, h4c1, kimc, luxurys_jewelry, oiao, pdzn, pfzctj5, psz3, qcvf, rcce, skxl, td3z, tke5, u8tr, v4dl, vdep, vv0p, w4jp, wmgb, xpp1224, Troy1989, cefangdianzishangwu, Dalco Technology Co.LTD, GKangZhiDa Co.ltd, HJY Co.Ltd, Ideal grocery store, LLF Co.Ltd, NZBZ, Pink woods Co. ltd, songyuanshichengmengwangluokejiyouxiangongsi, xijikeji, YLKJ, YX.Co,Ltd, Condones Mi Dulce Placer, dkxy87, meimeibaodai and yuanweu668 added to case caption.

SUMMONS Returned Executed by Swarovski North America Limited, Swarovski Aktiengesellschaft as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/5/2023, answer due 7/26/2023.

Declaration of Thomas J. Juettner

Exhibit A

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendants

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to certain defendant

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for entry of default, MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited for default judgment as to all Defendants with the exception of a certain Defendant

Exhibit A

MEMORANDUM by Swarovski Aktiengesellschaft, Swarovski North America Limited 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

MOTION by Plaintiffs Swarovski Aktiengesellschaft, Swarovski North America Limited to approve consent judgment as to a certain Defendant

Exhibit A

MINUTE entry before the Honorable Mary M. Rowland: The Court is in receipt of Plaintiffs' motion for 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 8/15/23. Mailed notice.

ATTORNEY Appearance for Defendant Pink woods Co. ltd by Adam Edward Urbanczyk

MOTION by Defendant Pink woods Co. ltd for extension of time opposed

MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed Plaintiff's motion for default and for consent judgment. Plaintiff's motion to approve consent judgment as to a certain Defendant [41] is granted. Enter Consent Judgment. Plaintiff's motion for default and default judgment [38] is granted in large part, with one exception. In light of Defendant Pink woods Co. ltd's recent motion for extension [44], this Court removed that defendant from the Default Judgment Order. Enter Default Judgment Order. Defendant Pink woods' motion for extension of time [44] is granted. Defendant has until August 31, 2023 to respond to the complaint. Parties shall jointly file a status report on the status of Defendant Pink woods Co. ltd on or before 9/1/23. Mailed notice.

CONSENT JUDGMENT Signed by the Honorable Mary M. Rowland on 8/10/2023. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Mary M. Rowland on 8/10/2023. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: In light of minute entry [45], the court strikes the deadline of 8/15/23. [42]. Joint status report remains due on 9/1/23. Mailed notice.

FULL SATISFACTION of Judgment regarding order[47] in the amount of $50,000 as to certain defendant

STATUS Report pursuant to [45] (Joint) by Swarovski Aktiengesellschaft, Swarovski North America Limited

MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the status report [50] and the plaintiff has reached an agreement with the sole remaining defendant. By 9/15/23, parties are to file a stipulation to dismiss or a status report on settlement. Mailed notice.

NOTICE of Voluntary Dismissal by Swarovski Aktiengesellschaft, Swarovski North America Limited as to a certain Defendant

MINUTE entry before the Honorable Mary M. Rowland: Pursuant to the Rule 41(a)(1) notice of dismissal by Plaintiffs 52, this action is dismissed. Civil case terminated. Mailed notice.