2023-cv-05160

COMPLAINT filed by BBC Studios Distribution Ltd; Filing fee $ 402, receipt number AILNDC-20900627.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)

SEALED EXHIBIT by Plaintiff BBC Studios Distribution Ltd Schedule A regarding complaint 1

MOTION by Plaintiff BBC Studios Distribution Ltd for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BBC Studios Distribution Ltd

Notice of Claims Involving Trademarks by BBC Studios Distribution Ltd

ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Rachel S Miller

ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Quinn Bradley Guillermo

CASE ASSIGNED to the Honorable Mary M. Rowland. 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.

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

MAILED copyright report to Registrar, Washington DC.

MOTION by Plaintiff BBC Studios Distribution Ltd for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by BBC Studios Distribution Ltd 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 Diane Hamer regarding memorandum in support of motion 15

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff BBC Studios Distribution Ltd Exhibit 3 - Parts 1 - 9 regarding declaration 17

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

Exhibit 3-5

Exhibit 3-6

Exhibit 3-7

Exhibit 3-8

(Exhibit 3-9)

MOTION by Plaintiff BBC Studios Distribution Ltd for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by BBC Studios Distribution Ltd 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 Mary M. Rowland: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [14] is granted. Plaintiff's motion for electronic service of process [19] and motion for leave to file under seal [3] are granted. Enter Sealed Temporary Restraining Order. Telephonic status hearing set for 9/5/23 at 9:15am. Parties should call 866-434-5269; access code 3751971. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Mary M. Rowland on 8/21/2023. 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 $ 110,000 posted by BBC Studios Distribution Ltd. (Document not scanned)

MOTION by Plaintiff BBC Studios Distribution Ltd for extension of time of Temporary Restraining Order

MEMORANDUM by BBC Studios Distribution Ltd in support of extension of time[25]

Declaration of Rachel S. Miller

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for extension of time of Temporary Restraining Order 25 is granted. The TRO is extended until September 19, 2023. Enter Extension of Temporary Restraining Order. Telephonic status hearing set for 9/5/23 is re-set to 9/20/23 at 9:15am. Parties should call 866-434-5269; access code 3751971. Mailed notice.

EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Mary M. Rowland on 8/31/2023. Mailed notice.

NOTICE of Voluntary Dismissal by BBC Studios Distribution Ltd as to certain defendants

NOTICE of Voluntary Dismissal by BBC Studios Distribution Ltd as to Certain Defendants

MOTION by Plaintiff BBC Studios Distribution Ltd for preliminary injunction

Exhibit A

MEMORANDUM by BBC Studios Distribution Ltd in support of motion for preliminary injunction[31]

Declaration of Rachel S. Miller

Exhibit 1

SUMMONS Returned Executed by BBC Studios Distribution Ltd as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/14/2023, answer due 10/5/2023.

Declaration of Quinn B. Guillermo

Exhibit A

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for entry of a preliminary injunction 31 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff 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 located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. In addition, is a link to video instructions for Plaintiff to view on how to Add Terminate Party https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. In addition, the Court strikes the status hearing date of September 20, 2023. Mailed notice

PRELIMINARY INJUNCTION Order signed by the Honorable Mary M. Rowland on 9/15/2023. Mailed notice

NEW PARTIES: Guangzhou Kushang Cloud Technology Co., Ltd., Phoenix Official Toy Store, SMY-GK Store, Yi Geng Toy Store, A1H1JIQ3B1RCK, A1K3CD0RCNHCAX, A2JS3V914W5OQ9, A37SZ29AHS7A4N, AH6F4KKJKC0MY, Baby flower girl, BestBazaar-us, bochuangus, bvksdhiahsidsudsfdhsd, caixingbeimeizhan, Cdgeydw, Changsheng group86, ChengDuTengMinDianZiShangWuYouXianGongSi1, chongqingjiayuanliuweiyujiejuyouxiangongsi, chuitianshangmao, dazhao554, duchangxianyuanshishangmaoyouxiangongsi, DyCldi, ElaineYL, Fashion Tin Sign, Flytianl, Freedy Jone, FRUON, Guangzhou Liti Technology b, guangzhoujianxieshangmaoyouxiangongsi, guangzhoujueyishangmaoyouxiangongsi, GXIAON, Hair of the Angel, hefeishiqiaocimaoyiyouxiangongsi1, hefeiwuhuabaomanshangmaoyouxiangongsi, hongdongsimingtemaoyiyouxiangongsil, huaguomaoyi-US, jiangpaishangmao, JiangYanQiugShiFangLianShangMaoYo, jihuaabaihuodian, jiujiangleifutongshangmaoyouxiangongsi, jiujiangxiandianxiashangmaoyouxiangongsiaa, Joel Stan, juantuchonglai, LangJiN, LcxZumFoo Us, LiJingxiaodiana, lilanlan0001001, LinLongShengXiaoDian, liulihufw, lixinxianjiaoweishangmaoyouxiangongsi, MONLET, MosYonVa, Mysmdp Us Ltd 1, Mysmdp Us LTd 2, Mysmdp US LTD 3, nainaibaohuo, Patty Both, Peacons, Playgewa, rujie888, ShengZhenFangdedian, Shiomay, shixiaofadianpu, Shun World Trading, suisihakejiyouxiangongsi, superqiqi, Supervisual, Sweetheart Club, SYZM-USA, TaiYuanZuoShunShangMao, tianxingledianpu, Toplin, U-WORK, UYCEKK fuzhuangdian, WALKINTA-US, wangdongdewangluoxiaoshou, wangshoulingdianpu, wanhaoshangmao12, WWWEILAN, WXIANGH, xiaolianglxl, XYTWJD, xzmshang, YangZiJunDeXiaoDian, yankangkang, yiliangweibushangmaoyouxiangongsi, yiweitaowangluoxiaoshou, YULINDAYI, yunnanzhuroushangmaoyouxiangongsi, YYDS Bountique, zhanyudebeimeidianpu, zhijiangshizouhaoshangmaoyouxiangongsiaa, zhoukoushikaifaquchaocaibaihuodian, ZongGeQian, ZONGQING, cha87_9011, fwafajwehi_0, iridescent-store, kehua9479, lucount, panhao-200, peipeicrystal, rosang250 and 101191913 added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by BBC Studios Distribution Ltd as to certain defendants

ATTORNEY Appearance for Plaintiff BBC Studios Distribution Ltd by Trevor Christian Talhami

NOTICE of Voluntary Dismissal by BBC Studios Distribution Ltd as to certain defendants

NOTICE of Voluntary Dismissal by BBC Studios Distribution Ltd as to certain defendants

NOTICE of Voluntary Dismissal by BBC Studios Distribution Ltd as to Certain Defendants

MOTION by Plaintiff BBC Studios Distribution Ltd for entry of default, MOTION by Plaintiff BBC Studios Distribution Ltd for default judgment as to all Defendants

Exhibit A

MEMORANDUM by BBC Studios Distribution Ltd in support of motion for entry of default, motion for default judgment[41]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[42]

Exhibit 1

Exhibit 2

ATTORNEY Appearance for Defendant Patty Both by Brian Swift

MOTION by Defendant Patty Both for extension of time to file answer

ANSWER to Complaint by Supervisual. (Exhibit).

MINUTE entry before the Honorable Mary M. Rowland: Unopposed Motion by Patty Both for extension of time to answer 45 is granted. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: The Court is in receipt of Plaintiff's motion for default judgment 41. The motion is under advisement. The Court will require a supplemental report to the default judgment motion that identifies: (1) all accounts associated with Defendants identified in Schedule A; (2) whether the accounts are frozen; and (3) the amounts in each account. If sealing any information is required, Plaintiffs may file an accompanying motion to seal. Plaintiffs' supplemental report shall be filed on or before 10/26/23. Mailed notice.

MOTION by Plaintiff BBC Studios Distribution Ltd to strike answer to complaint 46

Declaration of Rachel S. Miller

(Exhibit A)

NOTICE of Voluntary Dismissal by BBC Studios Distribution Ltd as to certain defendant

Statement in Response by BBC Studios Distribution Ltd pursuant to [48]

Exhibit 1

Exhibit A

STIPULATION of Dismissal as to a Certain Defendant

(Exhibit A)

MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the proposed default judgment order and Plaintiff's supplemental statement regarding the defaulting defendants' accounts. The Court finds $40,000 in statutory damages to be appropriate in light of the nature of this case and the amounts identified in Plaintiff's report about defaulting defendants' accounts. See Emoji Co. GmbH v. Individuals Identified on Schedule A Hereto, No. 20-CV-04678, 2022 WL 4465593, at *3 (N.D. Ill. Sept. 26, 2022) (noting that the Seventh Circuit has explained that district courts have "wide discretion" in awarding statutory damages). Thus Plaintiff's motion for default and default judgment 41 is granted as modified. Plaintiff reports that a settlement has been reached with Defendant Supervisual so Plaintiff's motion to strike 49 is denied as moot. The Clerk shall enter the Default Judgment and terminate this case. Civil case terminated. Mailed notice.

DEFAULT JUDGMENT ORDER Signed by the Honorable Mary M. Rowland on 11/1/2023. Mailed notice.

FULL SATISFACTION of Judgment regarding order 54 as to certain defendant