2023-cv-04289

COMPLAINT filed by Pit Viper, LLC; Filing fee $ 402, receipt number AILNDC-20799268.

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

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 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 - 5 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

(Exhibit 2-5)

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 John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO [13] is granted. Plaintiff's motions for leave to file under seal [3] and for electronic service [18] are granted. Enter temporary restraining order Mailed notice

SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 7/10/2023:Mailed notice

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

SURETY BOND in the amount of $ 131,000 posted by Pit Viper, LLC.

MOTION by Plaintiff Pit Viper, LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Pit Viper, LLC in support of extension of time[24]

Declaration of Rachel S. Miller

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 24 is granted. Enter order. Mailed notice

EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 7/20/2023. Mailed notice

MOTION by Plaintiff Pit Viper, LLC for preliminary injunction, MOTION by Plaintiff Pit Viper, LLC for extension of time of Temporary Restraining Order

Exhibit A

MEMORANDUM by Pit Viper, LLC in support of motion for preliminary injunction, extension of time[28]

Declaration of Rachel S. Miller

Exhibit 1

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 8/3/2023, answer due 8/24/2023.

Declaration of Trevor C. Talhami

Exhibit A

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 30 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 20, 69, 75, 83, 87, 92, 94, 101, 106, 114, 120, and 121 are dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction [28] is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 8/10/23 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Notices mailed.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable John J. Tharp, Jr on 8/7/2023. Notices mailed.

NEW PARTIES: Linhai Kuji Glasses Co., Ltd., Shenzhen Yangmei Zhichuang Technology Co., Ltd., Wenzhou Zhiheng Glasses Co., Ltd., FANSI Glasses Store, JINSHANGJINMEI Official Store, SPECIAUZED Store, A1Y17PONH5J4KC, AIma, aizeziwusimandedian, Amzaoo, AT9IDI0B61YJ9, azamanm, Bozhiku, Cao Liang Liang, CHAOYUEFANGZHI, Cherrystoreus, Enyuan-anz, Eyeglass Company USA, GuoErCongUS, Hexkogy, Hoicmoic, honglidianpuxc, jiankangshop, jieduoshanghang, jinjiangxihongstore, JiuJiangYuAiKeShangMaoYouXianGongSi, jizhigen, junjie-shop, kinkinklns, KongRu, kunmingcachaishangmaoyouxiangongsi, Lazybear shop, lihaiqingkeji, LiuSiNingUS, LiZengHui-shops, LoveWish, mdjuww, Motunana-US, NegerskyUS, ORANZI Official Store, PUPEI, Rita-79, SENRANL Store, shanxiyuesiqianzhengshangmaoyouxiangongsi, shaodun9035943, Shutuan Official, Slesinger-US, Spontini, szibest, TASISI, TTOAOKE US, TYS-US, WangHuan-shops, WIJIEINFEKIZI&DKFIPSW, Wuchuan-us, XianRun, Xiyalai US, Yanhongdianzishangwuxiaoshoubu, Yayi Life Hall, YouXiangxiaodian, zestero, zhaoxiaonandianpu, ZZHDDP, ai800, bptw, christmas451, d6hu, ff9g, friend013, gfdt, gnfj, hexiang4, iweg, k2jw, keng05, kesm, knab, lisa520cup, mugstores, nihaoyay, nncy, olos, pehp, pjxb, rsui, seb2, srsa, tpxt, tqdq, u17r, vhfc, w0c5, w13345925926, xuc7, y5s4, youyig8, z1wh, chengliang0303, flyhommme, zhan2-5682, blueeyewhales, DAOLV, FederalOutdoor Club, Fit Viir Outdoor Fshion Snglas, Jonlin, Maria glasses, NiuniuGE, OOLVS, Smzzokay, Youpin Focus Alliance, zmglasses, zonghua, ZOOZW, Occasional electron, Shenzhen Taxue Trading Co., Ltd, Toy bar LLC, guodongdong1699, LIMING39294 and pan ke ting added to case caption.

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 35 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants 51, 52, 118, and 128 are dismissed from this case. Mailed notice

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal [37] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants numbers 11, 22, 26, 39, 41, 42, and 58 are dismissed from this case. Mailed notice

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal [39] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 3, 47, and 127 are dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to a 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 a Certain Defendant

Exhibit A

MEMORANDUM by Pit Viper, LLC in support of motion for entry of default, motion for default judgment, [42]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[43]

Exhibit 1

MOTION by Plaintiff Pit Viper, LLC to approve consent judgment as to a Certain Defendant

Exhibit A

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal [41] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant 44 is dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment as to all remaining defendants except for defendant no. 126 [42] is taken under advisement. Any objections or responses are due by 9/7/23. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's agreed motion to approve the consent judgment [45] is granted. Enter consent judgment. The civil case is terminated as to defendant No. 126. Mailed notice

CONSENT Judgment Signed by the Honorable John J. Tharp, Jr on 8/29/2023. Mailed notice

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 50 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 63 and 113 are dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 42 is granted. Enter default judgment order. Civil case terminated. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 9/11/2023. Mailed notice

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.

***Civil Case Terminated.

NOTICE of withdrawal of bond 23 by John Summerfield. (Attachment) (Received at the Intake Counter on 03/29/2024)

FULL SATISFACTION of Judgment regarding order[53] in the amount of $125,000 as to certain defendants

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [56], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant nos. 66, 86, 93, 95-96, and 99. Mailed notice

FULL SATISFACTION of Judgment regarding order[53] in the amount of $125,000 as to certain defendant

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [58], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 124. Mailed notice