2023-cv-03455

COMPLAINT filed by Pink Floyd (1987) Limited; Filing fee $ 402, receipt number AILNDC-20693691.

Exhibit 1

Exhibit 2

(Exhibit 3)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yi Bu

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Adam Grodman

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yanling Jiang

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pink Floyd (1987) Limited

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable David M. Weisman. 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 Plaintiff Pink Floyd (1987) Limited for leave to file excess pages

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's ex parte motion for a temporary restraining order 13 and motion for excess pages 12 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. The evidence submitted by Plaintiff shows a likelihood of success on the merits (including evidence of active infringement in Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendant(s) from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. A transfer of domain name is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify defendant(s) and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Temporary Restraining Order. Mailed notice.

TRO Signed by the Honorable Lindsay C. Jenkins on 6/8/2023: Mailed notice.

SUMMONS Issued as to Defendant The Owner and/or Operator of pinkfloydbrand.com

MOTION by Plaintiff Pink Floyd (1987) Limited for preliminary injunction

MEMORANDUM by Pink Floyd (1987) Limited in support of motion for preliminary injunction 18

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

SUMMONS Returned Executed by Pink Floyd (1987) Limited as to The Owner and/or Operator of pinkfloydbrand.com on 6/15/2023, answer due 7/6/2023.

(Declaration of Service)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion for entry of a limited preliminary injunction 18. In connection with that motion, Plaintiff must serve all Defendant with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by June 26, 2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon the Defendant within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.

CERTIFICATE of Service by Plaintiff Pink Floyd (1987) Limited regarding order on motion for preliminary injunction, text entry, 21

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 18 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 22 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk shall unseal any documents that are sealed. The Law Firm of Keith Vogt, Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 6/27/2023. Mailed notice.

MOTION by Plaintiff Pink Floyd (1987) Limited for default judgment as to The Defendant Identified As The Owner And/Or Operator Of pinkfloydbrand.com

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 25 for entry of default and default judgment. Defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before July 17, 2023. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon Defendant within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.

CERTIFICATE of Service by Plaintiff Pink Floyd (1987) Limited regarding order on motion for default judgment, text entry, 27

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Owner and/or Operator of pinkfloydbrand.com has not responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 25 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's mark irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the mark, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case closed. Mailed notice.

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Lindsay C. Jenkins on 7/18/2023. Civil case closed. Mailed notice.

MAILED trademark report and copy of orders dated 7/18/2023 to Patent Trademark Office, Alexandria VA