2023-cv-04597

COMPLAINT filed by Pit Viper, LLC; Filing fee $ 402, receipt number AILNDC-20835131.

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. (Text entry; no document attached.)

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

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Robert W. Gettleman for all further proceedings pursuant to local rule 28 USC 294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 7/17/23.

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[14]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Vance Lommen regarding memorandum in support of motion[15]

Exhibit 1

SEALED EXHIBIT by Plaintiff Pit Viper, LLC Exhibit 2 - Parts 1 - 9 regarding declaration[17]

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[19]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's motion for leave to file under seal [3], motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [20], and Ex Parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [14] are granted. Enter sealed order. Telephonic hearing set for 8/3/2023 at 9:20 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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

SEALED TEMPORARY Restraining Order signed by the Honorable Robert W. Gettleman on 7/20/2023. Mailed notice

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

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

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[25]

Declaration of Rachel S. Miller

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's ex parte motion to extend 25 the Temporary Restraining Order 23 to 8/17/2023 is granted. Enter order. Telephonic hearing set for 8/3/2023 is stricken and reset to 8/17/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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

EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable Robert W. Gettleman on 8/1/2023. Mailed notice

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

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[30]

Declaration 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 8/14/2023, answer due 9/4/2023.

Declaration of Trevor C. Talhami

Exhibit A

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 8/17/2023. No defendant appeared on the hearing. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction and to extend the Temporary Restraining Order [30] is granted. The court directs the Clerk to unseal S Schedule A to the Complaint [2], Exhibit 2 to the Declaration of Vance Lommen [18], and the TRO [23]. The Law Firm of Greer, Burns & Crain, Ltd., 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 at: https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic hearing set for 10/19/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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

PRELIMINARY INJUNCTION ORDER signed by the Honorable Robert W. Gettleman on 8/17/2023. Mailed notice

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

NEW PARTIES: Pro Motocycle Goggles Store Store, Shop1102749301 Store, Z K Glasses Store Store, 7-15 days delivery, A1IUXQZBL0HIS, A2T08FARKME6SZ, A2TWWLN7R2MLAR, A3BDQZL2OOCOBO, AksBlay US Direct, aojiaminus, BCYH, blbm, BOLLFOstore-US, BotianStudio, bucket zakk, CaoGuangQi1860, Cdsjhwhys, chengdutuotuohaoshangmaoyouxiangongsi, chengduwansuoshangmao, chenkaidexiaoxiaodianpu, Cloudigo Fashion Official, CookhawE, CYFGG, dayeshiqinglanhuangshangmaoyouxiangongsi, DEQINEU, dhofp, djie888, Duchang County LianMu Network Technology, Eninedeuisou, eqbfdgmiukoj, ERXIHORT, Eyewear Future Store, FASTSTEP-US, FENCHAOHONG, FiDA Optimization, Glei5789, GOENDR-US, Gogelas online store, guangzhouwangmiaokejiyouxiangongsi, HeBeiKangPanDianZiKeJiYouXianGongSi235235Dian, hjbrypd, HJJ shop, HZTBH, jasonzhao, JEEP.US, JHSM-Jasner, Jiajinhe, JingQing, jingtingxx, jiujiangtaoyouwangshangmaoyouxiangongsi, JUDOO-6, liaoxiaoshan, LINYi.sSmall shop, liutao-Shippedfrom-USA, LIUZHENYU, MABO, Macdung Tech, MEIFEI, Mingtufa, MONEY RICH, moonlily, Moyun Online, nideqingshu, PANBBEL, RICHFUN, Ryiah N, SAUYIXH, Scrapee, Sell only good items, Senlanzhi, shenbaotiyu, SHOWY SKY, TaoCai, TIANYUE-US, tinghailinfeng, US 7-15 Day Fast Delivery, US-AOYIKEJI, VKDOG-US, weifangkukewangluokejiyouxiangongsi, wenyanshangamio, WWzz0714, Xhzy, yanglingjiacanhuanshangmaoyouxiangongsi, yeshanfushi, Yetbincn, YOOSOO, youmeiwenju, YouXiangxiaodian, Z gui, zhengzi, haikoufutuchensha0, haoyouduo-no1, jsafgyye, ocean181207, rampantbest, Benifits Online, CC sunglasses, DUXAA Fashion Sunglasses, elated, FASA, FOXCLAWRIDE, fue Snglas, GENTLE MXHIUXR glasses, Hometok, Inana Optical Shop, Lei Ling, Mysterious Supermarket, onlylove, SAIXUAN GLASSES, SUNGLASSES COLLECTION, WD Sunglasses Swim Mirror Shop, White House, Xiao yun good parts, Xucheng Sunglasses, HANDREEDUS, chuernan17458, dingruirui5059, dingyanni9697, duxiapaobing, Eternal Green Trading, JIARUI0826, KQyouyu, Linda Treasure Shop, liuzaihao69520, liuzhengsheng, LIWUWU39302, PINGSHANG, suntianshuohuai, Superstore Sigo, taoxunming1947, tj485ve, Vanilla Paula Shop, wangaijun9212, wushenlun5846, Xianglin Industry, XL Outdoor products, yanghuan009 and zhangshufang4751 added to case caption. (Text entry; no document attached.)

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

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

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

Exhibit A

MEMORANDUM by Pit Viper, LLC in support of motion for entry of default, motion for default judgment[39]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[40]

Exhibit 1

ATTORNEY Appearance for Defendants bucket zakk, onlylove by Adam Edward Urbanczyk

MOTION by Defendants bucket zakk, onlylove for extension of time

MINUTE entry before the Honorable Robert W. Gettleman: Defendants bucket zakk and onlylove's motion for extension of time to 9/28/2023 to answer or otherwise plead [43] is granted. Mailed notice

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

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

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

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 10/19/2023. No defendants appeared on the hearing. For the reasons stated on the Plaintiff's motion for entry of default and default judgment as to all remaining defendants 39 is granted. Enter Judgment. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable Robert W. Gettleman on 10/19/2023. Mailed notice

ATTORNEY Appearance for Defendant Yetbincn by Enrique Perez

MOTION by Defendant Yetbincn to vacate order[49] of default judgment

MEMORANDUM motion to vacate[51] by Yetbincn

DECLARATION of Wang Fei in support of Motion to Vacate Default Judgment

DECLARATION of Enrique Perez regarding memorandum[52] in support of Motion to Vacate Default Judgment

Exhibit 1 by Yetbincn to Perez Declaration

Exhibit 2 in Perez Declaration by Yetbincn in support of Motion to Vacate Default Judgment

Exhibit 3 in Perez Declaration by Yetbincn in support of Motion to Vacate Default Judgment

Exhibit 4 in Perez Declaration by Yetbincn in support of Motion to Vacate Default Judgment

Exhibit 5 in Perez Declaration by Yetbincn in support of Motion to Vacate Default Judgment

Exhibit 6 in Perez Declaration by Yetbincn in support of Motion to Vacate Default Judgment

MINUTE entry before the Honorable Robert W. Gettleman: The court sets the following briefing schedule on Defendant Guangzhou Liangyan E-Commerce Co., Ltd.'s (identified as YETBINCN) Motion to Vacate the Default Judgment 51 : plaintiff's response due 4/19/2024; defendant's reply due 5/3/2024. The court will determine whether a hearing is necessary after all briefs are filed. Emailed notice

MOTION by Plaintiff Pit Viper, LLC for extension of time to file response/reply as to motion to vacate 51 (unopposed)

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's Unopposed Motion To Extend 62 The Briefing Schedule For Defendant Guangzhou Liangyan E-Commerce Co., Ltd.'s Motion To Vacate The Default Judgment 51 is granted. The briefing schedule on Defendant Guangzhou Liangyan E-Commerce Co., Ltd.'s (identified as YETBINCN) Motion to Vacate the Default Judgment 51 set on 3/29/2024 61 is modified as follows: plaintiff's response due 5/3/2024; defendant's reply due 5/17/2024. The court will determine whether a hearing is necessary after all briefs are filed. Emailed notice

RESPONSE by Pit Viper, LLC to MOTION by Defendant Yetbincn to vacate order 49 of default judgment 51

Declaration of Rachel S. Miller

Exhibit 1

Exhibit 3

Exhibit 3

Exhibit 4

Exhibit 5

(Exhibit 6)

FULL SATISFACTION of Judgment regarding order[49] in the amount of $500,000 as to certain defendant

MOTION by Defendant Yetbincn for extension of time to file response/reply as to response to motion, 64

MINUTE entry before the Honorable Robert W. Gettleman: Defendant's Unopposed Motion To Extend to May 20, 2024, the Deadline To Submit A Reply Brief In Defendant's Motion To Vacate Default Judgment 66 is granted. The court will determine whether a hearing is necessary after all briefs are filed or issue its ruling on CM/ECF. Emailed notice

REPLY by Yetbincn to response to motion, 64 to vacate the default judgment

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing on the motion to Vacate the Default Judgment 51 set for 6/11/2024 at 10:30 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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. Emailed notice

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic motion hearing held on 6/11/2024. For the reasons stated on the record, Defendant YETBINCN's motion to vacate the default judgment [51] is entered and continued. Telephonic status hearing continued to 7/23/2024 at 9:15 a.m. the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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. Emailed notice

TRANSCRIPT OF PROCEEDINGS held on June 11, 2024 before the Honorable Robert W. Gettleman. Order Number: 49041. Court Reporter Contact Information: Nancy L. Bistany nancy_bistany@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/8/2024. Redacted Transcript Deadline set for 7/18/2024. Release of Transcript Restriction set for 9/16/2024.

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 7/23/2024. Defense counsel for Defendant Guangzhou Liangyan appeared. The parties were unable to resolve their dispute. For the reasons stated on the record, Defendant Guangzhou Liangyan E-Commerce Co., Ltd.'s Motion to vacate the Default Judgment [51] is denied as to the request to vacate the default judgment, however, the court reserves on the amount of default damages. Plaintiff is directed to re-serve discovery requests on the defendant. Defendant is directed to respond to the discovery requests by 8/23/2024. Defendant is directed to send his discovery responses to the Courtroom Deputy by 8/26/2024. Telephonic hearing set for 9/4/2024 at 10:00 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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. Emailed notice

TRANSCRIPT OF PROCEEDINGS held on July 23, 2024 before the Honorable Robert W. Gettleman. Order Number: 49362. Court Reporter Contact Information: Nancy L. Bistany nancy_bistany@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/20/2024. Redacted Transcript Deadline set for 8/30/2024. Release of Transcript Restriction set for 10/28/2024.

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic status heating held 9/4/2024. Plaintiffs shall file a brief for attorney's fees and damages by 9/24/2024, response due by 10/15/2024, reply due 10/24/2024. Telephonic status hearing is set for 11/19/2024 at 9:30 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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. Emailed notice

Memorandum Statement on Statutory Damages and in Support of an Award of Attorney Fees and Costs by Pit Viper, LLC

DECLARATION of Rachel S. Miller regarding other[75]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

Exhibit 11

Exhibit 12

FULL SATISFACTION of Judgment regarding order[49] in the amount of $500,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[49] in the amount of $500,000 as to certain defendant

RESPONSE by Defendant Yetbincn to other[75] Plaintiff's Statement in Support of Statutory Damages and Attorney Fees

DECLARATION of Enrique Perez regarding Response[79] to Plaintiff's Statement on Damages and Attorney Fees

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8 to Perez Declaration

REPLY by Pit Viper, LLC to Response[79] and in support of [75]

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing set for 11/19/2024 is stricken. The court will issue its ruling on CM/ECF. Emailed notice

ORDER signed by the Honorable Robert W. Gettleman on 11/15/2024: For the set forth in the attached Order, the court awards Pit Viper statutory damages in the amount of $20,000; awards Pit Viper its costs; and denies Pit Viper its attorney fees. Emailed notice

ATTORNEY Appearance for Defendants Yetbincn, Yetbincn by Baruch Simcha Gottesman