2023-cv-03609

COMPLAINT filed by Pit Viper, LLC; Filing fee $ 402, receipt number AILNDC-20715035.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Pit Viper, LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Pit Viper, LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pit Viper, LLC

Notice of Claims Involving Trademarks by Pit Viper, LLC

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Rachel S Miller

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Trevor Christian Talhami

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Text entry; no document attached.)

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. (Text entry; no document attached.)

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

(List of Trademarks Ex. 1)

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

MOTION by Plaintiff Pit Viper, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Pit Viper, LLC 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 Pit Viper, LLC Exhibit 2 - Parts 1 - 4 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

(Exhibit 2-4)

MOTION by Plaintiff Pit Viper, LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Pit Viper, LLC 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 Matthew F. Kennelly: Plaintiff's motion to file under seal 3 and motion for electronic service of process 18 are granted. Plaintiff's motion for entry of an ex parte temporary restraining order (etc.) 13 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 6/28/2023 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. Any motion to extend the TRO or motion for preliminary injunction must be filed by no later than 6/23/2023. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 6/14/2023.

SURETY BOND in the amount of $ 10,000 posted by Pit Viper, LLC. (Document not scanned.)

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

MOTION by Plaintiff Pit Viper, LLC for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Pit Viper, LLC in support of motion for preliminary injunction[24]

Exhibit of Rachel S. Miller

Exhibit 1

SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/23/2023, answer due 7/14/2023.

Declaration of Trevor C. Talhami

Exhibit A

PRELIMINARY INJUNCTION ORDER AS TO DEFENDANTS 45 THROUGH 120 Ssgned by the Honorable Matthew F. Kennelly on 6/24/2023: Motion for preliminary injunction as to defendants 45 through 120 24 is granted. Telephonic hearing set for 6/28/2023 remains in place to address the remaining defendants.

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic preliminary injunction hearing held on 6/28/2023. Case is set for a telephonic status hearing on 7/31/2023 at 9:05 a.m. Plaintiff is directed to file a status report on 7/24/2023. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. 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.

NEW PARTIES: Jiangxi Success Optical Glasses Co., Ltd., Linhai Kailong Optical Glasses Co., Ltd., Wenzhou Guarken Eyewear Co., Ltd., Wenzhou Kenbo Imp. & Exp. Co., Ltd., Xinji Changlin Musa Trading Co., Ltd., Yingtan Mingzheng Trading Co., Ltd., Yiwu Leishe Glasses Co., Ltd., Yiwu Mingyi Trading Co., Ltd., Yiwu Mufeng Trading Co., Ltd., Yiwu Qibei Import And Export Co., Ltd., Yiwu Yanxin Electronic Commerce Co., Ltd., Yiwu Yishan Trading Co., Ltd., Zhejiang Jiada Trade Co., Ltd., Zhejiang Jialiang Optical Glasses Co., Ltd., AOZE GLASSES Store, Auto Motorcycle Accessories Selection Store, Bettles Store, BrightZone Exclusive Store, Color Life Optical Store, GOD ME Store, Knight Family Store, LOISRUBY Brand Store Store, NingDing Store, NODARE Dropshipping Store, PIT VIPER SUNGLASSES Store, PITVIPERGLASSES Store, pleasure world Store, QUISVIKER CYCLING Store, QUISVIKER-GQ Store, Rainbow Glasses Store, RUBY SPORTS Store, SAFE TRAIL Sports Store, Shop1102825154 Store, Shop4999171 Store, Shop5795189 Store, Shop912625833 Store, South ding Store, TKLK Store, Top Quality Cycling Store, Tsang Official Store, VAGHOZZ Sunglasses Store, Xundakang Glasses Factory Store, YUMOON GLASSES Store, A17U3JZ47T8BGI, A19F9WM4BVVAR8, A2GM5HCOCXV76V, A2Y41OGQ6MDMYP, A6S0SK92YPBF6, ACURE SPORTS, ALLSENTIK-US, ALSUZYIOT, amzannam, AMZ-FMY, anqinglibing, anxichenyan, ASZ1XYROJYEK5, ATTCL-USA, Beswarmy-US, Bhigh, Biboli, BOLLFO Direct, BOWILL STORE, BoxtoHeart, chengduzhifeiroudianzishangwuyouxiangongsi, chenshuangdedian, CHNLML, CTOSTM, damai1234, dengguangyishop, Douide, DUXAA-US, ECAVUIPOM US, EternalCrystal, fadflw shop, fei mao lv, FireRabbit, FJOAIAN, Fownostore, G2RISE, Glei5789, good deal 8888, guangzhoufenglongmaoyiyouxiangongsi, guangzhoushuangnieshangmaoyouxiangongsi, gulanmin, haikoushangweidianzishangwuyouxiangongsi, HandReedDirect, hefeinuojixiqueshangmao, huangjianxiong1, Hzpohyz, IGHome, i-Gof, IKTOD, ITSCOOL, Jdzeyukk US (7-14 Days Delivery), JIASHUXIA, JiegoVision, jingtu sports, jiujiangqianglitangshangmaoyouxian, JUNDINGYUN, Karsaer Vision, KOVDICA.US.Store, Laurinny, lhui-com, Licputalch, linyishiqianqizhuangshangmaoyouxiangongsi, Liukuong, Lm kuong, luwanlin-ShippedfromUSA, Madonmay, MALIDAK-US, MARIDA-US, mcgreen, Mgiesg-US, MINGKE-US, Naishi, nanchanghoujiashangmaoyouxiangongsi869, NICBOOY-US, Novoto USA, NUBYGXAS-US and S Store added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant

ATTORNEY Appearance for Defendants BOLLFO Direct, BOWILL STORE, PSATCL outdoor shop, SABSAN STORE by Timothy Tiewei Wang

ATTORNEY Appearance for Defendant Karsaer Vision by Jiyuan Zhang

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Karsaer Vision to Plaintiff's Complaint [Dkt #1]

MINUTE entry before the Honorable Matthew F. Kennelly: Response to defendant Karsaer Vision's motion to dismiss [32] is to be filed by 7/28/2023. Reply to response is to be filed by 8/7/2023.

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants

ATTORNEY Appearance for Defendant IKTOD by Adam Edward Urbanczyk

MOTION by Defendant IKTOD for extension of time UNOPPOSED

ATTORNEY Appearance for Defendants MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop by Adam Edward Urbanczyk

MOTION by Defendants MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop for extension of time UNOPPOSED

MINUTE entry before the Honorable Matthew F. Kennelly: The unopposed motions by defendants IKTOD [36] and MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop [38] for extension of time are granted; responses to complaint are to be filed by 8/3/2023.

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants

SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/24/2023, answer due 8/14/2023.

Declaration of Trevor C. Talhami

Exhibit A

STATUS Report per [28] by Pit Viper, LLC

Exhibit A

MOTION by Plaintiff Pit Viper, LLC for sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure

DECLARATION of Rachel S. Miller regarding motion for sanctions[43]

Exhibit 1

Exhibit 2

Exhibit 3

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report. The telephonic status hearing set for 7/31/2023 is vacated and reset to 8/23/2023 at 9:05 a.m. A joint status report is to be filed on 8/16/2023. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053.

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for sanctions or to stay briefing on motion to dismiss [43] is set for a telephonic hearing on 8/3/2023 at 9:10 AM, using call-in number 888-684-8852, access code 746-1053. If defendant Karsaer Vision wishes to file a written response to the motion, it must do so by no later than 12:00 noon Central Time on 8/2/2023.

RESPONSE by Pit Viper, LLC to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Karsaer Vision to Plaintiff's Complaint [Dkt #1] [32]

RESPONSE by Karsaer Visionin Opposition to MOTION by Plaintiff Pit Viper, LLC for sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure [43]

DECLARATION of of Jiyuan Zhang regarding response in opposition to motion[49]

Exhibit 1. P's Document Demand

Exhibit 2. P's Interrogatories

Exhibit 3. Order

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Jake Michael Christensen

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 8/3/2023. Defendant is directed to serve written responses to plaintiff's counsel regarding the discovery requests by 8/8/2023. Case remains set for a telephonic status hearing on 8/23/2023 [45]. Mailed notice.

MOTION by Defendants IKTOD, MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., fadflw shop for extension of time UNOPPOSED

MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion by defendants IKTOD, MALIDAK-US, MARIDA-US, NICBOOY-US, Novoto USA, Wenzhou Guarken Eyewear Co., Ltd., and fadflw shop for extension for extension of time [54] is granted; due date for response to complaint is extended to 8/24/2023.

REPLY by Karsaer Vision to response to motion[48] and in support of MTD [Dkt 32]

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants

STATUS Report (joint) by Pit Viper, LLC

Exhibit A

Exhibit B

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant

MOTION by Plaintiff Pit Viper, LLC for entry of default, MOTION by Plaintiff Pit Viper, LLC for default judgment as to all Defendants with the exception of Certain Defendants

Exhibit A

MEMORANDUM by Pit Viper, LLC in support of motion for entry of default, motion for default judgment, [60]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[61]

Exhibit 1

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 9:05 AM on 8/23/2023 is advanced to 8:55 AM on that same date. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053.

DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 8/19/2023: Motion for entry of default judgment as to certain defendants [60] is granted.

MINUTE entry before the Honorable Matthew F. Kennelly: Before the Court is plaintiff's motion for sanctions, which involves allegedly incomplete responses, or non-responses, to certain written discovery requests. The problem the Court has at this point is that neither the motion nor the response appears to include the written discovery requests in their entirety (defendant's responses, which it has provided, do not repeat the requests it was responding to). Plaintiff is directed to file a supplement to its motion by no later than 4:00 PM Central Time today that includes the written discovery requests at issue in their entirety.

Supplemental report to Motion for Sanctions [43] by Pit Viper, LLC pursuant to [65]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/23/2023. Plaintiff's motion for sanctions [43] is taken under advisement. Defendant Karsaer Visionin is given until 9/6/2023, to provide complete answers to the plaintiff's interrogatories and requests for productions of documents. A joint status report regarding the production of documents is due 9/13/2023. Defendant SLADLW is given until 9/6/2023 to respond to the complaint. Case is set for a telephonic status hearing on 9/20/2023 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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 Pit Viper, LLC as to certain defendant

STATUS Report per [67] by Pit Viper, LLC

Exhibit 1

SEALED EXHIBIT by Plaintiff Pit Viper, LLC Exhibit 2 regarding status report[69]

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The Court does not believe a sanction is appropriate for the 7-day delay in defendant's responses to plaintiff's discovery requests. The parties should be prepared to address the adequacy of the responses at the upcoming status hearing.

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions[64] in the amount of $100,000 as to certain defendant

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 9/20/2023. Counsel for defendant Karsaer Vision did not appear for the hearing. Oral ruling made on the motion to dismiss. Defendant Karsaer Vision's motion to dismiss [32[ is denied for the following reasons: (1) The complaint adequately alleges facts supporting the claim of trademark infringement; (2) The complaint provides sufficient detail to inform the defendant the basis for the claim; and (3) Defendant is properly joined because the complaint sufficiently alleges a series of transactions within the meaning of Federal Rule of Civil Procedure 20. This is because the defendants are alleged to have violated the trademark in identical or nearly identical ways and by selling identical or nearly identical products. The defendant is directed to answer the complaint by 10/4/2023. The plaintiff is directed to file a supplement to their motion for sanctions [43] by 10/4/2023. Defendant has until 10/18/2023 to file a response to the motion for sanctions. Telephonic ruling hearing on the motion for sanctions is set for 10/27/2023 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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.

SUPPLEMENT to motion for sanctions[43] per [73]

Exhibit 1

Exhibit 2

Exhibit 3

MOTION by Defendant Karsaer Vision for extension of time to file answer regarding complaint[1] by 10/18/2023

MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Karsaer Vision's motion for extension of time [75] is granted; deadline for filing answer to complaint is extended to 10/18/2023. This deadline will not be extended again. A telephonic status hearing is set for 10/27/2023 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053.

ANSWER to Complaint by Karsaer Vision

REPLY by Defendant Karsaer Vision to supplement[74] motion for sanction

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic ruling on a motion hearing held on 10/27/2023. Plaintiff's motion for sanctions [43] is entered and continued to 11/9/2023. The defendant has until 11/6/2023 to provide a full and complete response to plaintiff's interrogatories 3 and 6. The response is to be filed on the record by 11/7/2023. Case is set for a telephonic status hearing on 11/9/2023 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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.

Complete response to Plaintiff's 1st set of interrogatories Nos. 3 & 6 by Karsaer Vision

MOTION by Plaintiff Pit Viper, LLC to strike answer to complaint[77]

MINUTE entry before the Honorable Matthew F. Kennelly: The parties should be prepared to address plaintiff's motion to strike affirmative defenses [81] at the telephonic status hearing set for 11/9/2023 at 8:55 AM.

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status and motion hearing held on 11/9/2023. Plaintiff's motion for sanctions [43] is denied without prejudice. Plaintiff's motion to strike answer [81] is granted for the reasons stated on the record. The answer is stricken with leave to amend by 11/22/2023. All fact discovery is to be completed by 2/16/2024. Case is set for a telephonic status hearing on 1/11/2024 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The parties are directed to file a detailed joint status report on discovery and any settlement discussions by 1/4/2024. 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.

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions[64] in the amount of $100,000 as to certain defendants

First Amended ANSWER to Complaint with Jury Demand by Karsaer Vision

MOTION by Attorney Jake M. Christensen to withdraw as attorney for Pit Viper, LLC. No party information provided

MINUTE entry before the Honorable Matthew F. Kennelly: Motion by attorney Jake M. Christensen to withdraw as attorney for Pit Viper, LLC is granted [86].

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.

STIPULATION of Dismissal

MINUTE entry before the Honorable Matthew F. Kennelly: All claims against defendant Karsaer Vision are dismissed with prejudice and without costs pursuant to the parties' stipulation. The Clerk is directed to close the case because this order disposes of the last remaining defendant. Civil case terminated. Mailed notice.

NOTICE of withdrawal of Surety bond 23 by John Summerfield. (Received at the Intake Counter on 03/29/24) (Received for docketing 04/05/24)

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions 64 in the amount of $100,000 as to certain defendant