2023-cv-04269

COMPLAINT filed by Epoch Company, Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20797091.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by Robert Payton Mcmurray

MOTION by Plaintiff Epoch Company, Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal

EXHIBIT by Plaintiff Epoch Company, Ltd. Sealed Schedule A Modified on 8/29/2023.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Epoch Company, Ltd.

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable M. David 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.

MOTION by Plaintiff Epoch Company, Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Epoch Company, Ltd. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Epoch Company, Ltd. in support of motion for temporary restraining order, 10

Declaration Fumuro Declaration

Exhibit 1

Exhibit 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 3 Part 1 of Fumuro Declaration Modified on 8/29/2023.

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 3 Part 2 of Fumuro Declaration Modified on 8/29/2023.

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 3 Part 3 of Fumuro Declaration Modified on 8/29/2023.

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 3 Part 4 of Fumuro Declaration Modified on 8/29/2023.

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 3 Part 5 of Fumuro Declaration Modified on 8/29/2023.

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 3 Part 6 of Fumuro Declaration Modified on 8/29/2023.

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 3 Part 7 of Fumuro Declaration Modified on 8/29/2023.

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 3 Part 8 of Fumuro Declaration Modified on 8/29/2023.

Notice of Claims Involving Trademarks by Epoch Company, Ltd.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

ORDER signed by the Honorable Lindsay C. Jenkins on 7/7/2023. Modified on 8/29/2023.

TEMPORARY RESTRAINING ORDER: signed by the Honorable Lindsay C. Jenkins on 7/7/2023. Modified on 8/29/2023.

MOTION by Plaintiff Epoch Company, Ltd. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 25 is granted. The TRO is extended to August 4, 2023. Mailed notice.

SURETY BOND in the amount of $ 10,000 posted by Epoch Company, Ltd. (Document not scanned).

Entered in Error. Modified on 7/19/2023.

Entered in Error. Modified on 7/19/2023.

NOTICE of Correction regarding 29 and 28.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

MOTION by Plaintiff Epoch Company, Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

MEMORANDUM by Epoch Company, Ltd. in support of motion for preliminary injunction 31

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 31

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion for entry of a preliminary injunction 31. In connection with that motion, Plaintiff must serve all Defendants 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 August 7, 2023. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice.

SUMMONS Returned Executed by Epoch Company, Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/1/2023, answer due 8/22/2023.

CERTIFICATE of Service Proof of Service by Michael A. Hierl on behalf of Epoch Company, Ltd.

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 31 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 36 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. The Clerk shall unseal any documents that are sealed. The Law Firm of Hughes Socol PIers Resnick & Dym 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 8/15/2023. Mailed notice.

NEW PARTIES: Dopa-Faker, Gogmooi, HELUOJINGPINDIAN, Liangmujishou, luckysunshine, Pacific Company, rundicn, uehdbdd, xiaojiayigfdht, Yuqin Shop, ai809 Store, ai830 Store, azfg Store, bpih Store, cbai Store, cipj Store, cuvv Store, dbvm Store, dhnu Store, dp02 Store, e80c Store, egqv Store and foruida Store added to case caption.

NEW PARTIES: frwq Store, fzctq66 Store, gfdt Store, gs6k Store, hellowin Store, hhvw Store, huiruida Store, hxkl Store, ixkj Store, jtkb Store, kvt1 Store, mpre Store, mzs6 Store, ocf8 Store, p2j2 Store, pfzcta0 Store, pfzctd6 Store, phs1 Store, pjinruiele Store, plwd Store, q3ls Store, qc9y Store, r1tj Store, smcx Store, ssak Store, tqdq Store, ugua Store, vggs Store, vn9a Store, vxmu Store, vzwh Store, wtvv Store, x6l2 Store, xgsd Store, xlit Store, yftt Store and ywhe Store added to case caption.

NEW PARTIES: zagv Store, zneq Store, zw4v Store, zwtj Store, zxdi Store, BamJOJO, Fonma, Lemical-US, Little Sky, Puzzleney, UISDHF, ae058 Store, ae174 Store, ae408 Store, ae609 Store, ai792 Store, ai805 Store, ai806 Store, ai807 Store, ai810 Store, ai828 Store, asd765 Store, b1zi Store, bong08 Store, bukh Store, cbc13344 Store, ch9807 Store, crystalla_store Store, dodo2022 Store, e9rn Store, erfd852 Store, f23b Store, fdsa8720 Store, fed26 Store and fgjr309 Store added to case caption.

NEW PARTIES: frhd Store, gfrb821 Store, gfrd85 Store, jdbv Store, jiao09 Store, k9he Store, lkjh87 Store, mingjing03 Store, mkij851 Store, netm Store, nnjo Store, nqcj Store, nrbf Store, pfzctj5 Store, pgoodfu Store, qds9 Store, qwas584 Store, ro9s Store, s29x Store, shencongw Store, treg8702 Store, tygf257 Store, tywx Store, uaum Store, ufo430 Store, uijh874 Store, ujh5104 Store, w9ro Store, wangzenq Store, yasuogu Store, youngstore07 Store, yw6765 Store, zkdj Store and zplj Store added to case caption.

NEW PARTIES: Dopa-Faker, Gogmooi, HELUOJINGPINDIAN, Liangmujishou, luckysunshine, Pacific Company, rundicn, uehdbdd, xiaojiayigfdht, Yuqin Shop, ai809 Store, ai830 Store, azfg Store, bpih Store, cbai Store, cipj Store, cuvv Store, dbvm Store, dhnu Store, dp02 Store, e80c Store, egqv Store and foruida Store added to case caption.

NOTICE of Voluntary Dismissal by Epoch Company, Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 69

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Epoch Company, Ltd.

MOTION by Plaintiff Epoch Company, Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

(Exhibit Amended Schedule A)

MEMORANDUM by Epoch Company, Ltd. in support of motion for default judgment, 41

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 41

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 41 for entry of default and default judgment against all Defendants. All remaining defendants have 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 November 24, 2023. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Epoch Company, Ltd.

ATTORNEY Appearance for Defendant Lemical-US by Adam Edward Urbanczyk

OBJECTIONS by Lemical-US to MOTION by Plaintiff Epoch Company, Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A [41]

Exhibit 1

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant lemical-us objection to the entry of default [47] is granted as to lemical-us only. Defendant lemical-us shall file its responsive pleading by December 15, 2023. The parties are to file a joint case management plan by January 5, 2024. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendant lemical-us. No other Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [41] 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 marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of profits), 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 Partial Final Judgment Order. Mailed notice.

ENTERED PARTIAL FINAL JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 11/27/2023. Mailed notice.

SATISFACTION of Judgment

SATISFACTION of Judgment

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.

STATUS Report by Epoch Company, Ltd.

NOTICE of Voluntary Dismissal by Epoch Company, Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 68

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff reports that a settlement has been reached with the last remaining Defendant lemical-us. The parties are to file a status report by January 30, 2024, unless a stipulation of dismissal is filed sooner. Mailed notice.

STATUS Report by Epoch Company, Ltd.

MINUTE entry before the Honorable Lindsay C. Jenkins: A notice of dismissal having been filed as to the last remaining Defendant, "lemical-us," 55, the case is closed. Civil case terminated. Mailed notice.