2023-cv-05186

COMPLAINT filed by Celine SA; Filing fee $ 402, receipt number AILNDC-20904326.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Celine SA Schedule A regarding complaint[1]

MOTION by Plaintiff Celine SA for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Celine SA

Notice of Claims Involving Trademarks by Celine SA

ATTORNEY Appearance for Plaintiff Celine SA by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Celine SA by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Celine SA by Kahlia Roe Halpern

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.

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment.

ATTORNEY Appearance for Plaintiff Celine SA by Berel Yonathan Lakovitsky

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Celine SA for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Celine SA 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 Nicolas Lambert regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Celine SA Exhibit 2 - Parts 1-6 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

(Exhibit 2-6)

MOTION by Plaintiff Celine SA for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Celine SA 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 Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal 3, for electronic service of process 18, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 13 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 8/10/2023:

SURETY BOND in the amount of $ 10,000.00 posted by Celine SA. (Document not imaged)

MOTION by Plaintiff Celine SA for preliminary injunction

Exhibit A

MEMORANDUM by Celine SA in support of motion for preliminary injunction[24]

Declaration of Kahlia R. Halpern

Exhibit 1

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

SUMMONS Returned Executed by Celine SA as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/22/2023, answer due 9/12/2023.

Civil Cover Sheet of Berel Y. Lakovitsky

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to the motion for preliminary injunction 24 must appear and object by 9/6/2023 or the motion will be treated as unopposed. Plaintiff is directed to serve this order on the defendants and file a certificate of service on the docket.

CERTIFICATE of Service by Plaintiff Celine SA regarding set motion and R&R deadlines/hearings, 27

(Exhibit A)

MOTION by Plaintiff Celine SA for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: The court grants plaintiff's motion to amend the pleadings 29 by removing defendants Make Your Unique Jewellery Store and KRWHTS pursuant to Rule 15(a)(2). Plaintiff has filed an amended Schedule A. 30. Mailed notice

SUMMONS Returned Executed by Celine SA as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/12/2023, answer due 10/3/2023.

Civil Cover Sheet of Berel Y. Lakovitsky

(Exhibit A)

ATTORNEY Appearance for Plaintiff Celine SA by Marcella Deshonda Slay

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [24]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [24] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 9/20/2023:

NEW PARTIES: Huamei Hair Accessories Store Store, Shop1102167082 Store, Factory Direct Price Store, Shop1102728280 Store, BUROCH Store, GuangDong Good thing Store, Shop1102727265 Store, Snail bag Store, Gnazhee Boutique Store, Aminugal Official Store, TonyBlunt Store, Ali Lillian Clothes Store, YOU ARE THE BEST Store, Shop5607017 Store, Gaiya Clothing Store, Shop 2249 Store, Shop1102186252 Store, KAICHUANGWEILAI Store, MADALENA SARARA Official Store, nice seller Store, T3DYJ Store, High Quality Bels Store, Where the Good-Looking Things Are Store, XinxiuHair Accessories Store, Shop1102310837 Store, Xiao Dunyuan Store, LUCKYBRANDBAG Store, minggewujindian, Hzmyx, A3B5QDUNMAK5CX, junyadianzishangwuyouxiangongsi, jiangningdalidianzishangwugongzuoshi, Long Ding Trade, fayunbaihuodian, HUO XING, hongzhirui-shop, MengDianPai, majiandexiaodian, AWUOXF3V12SWD, KUNZHIHAI, HaiChenMan, LIUCONG-US, A3HL186CVQYCPR, MeiChenPai, meeting your needs, LI MEI LING123, DJVMNJ, Givan nats, fangfu trade, DONGYAN_apo_house, gogotstore, A3LS8CI8XSS2ZZ, baijingmin, BAI RUI KANG DE DIAN, Fengpin Mall, lizhuofang, JingYiRanDuNanShuYuShan, HY123(7-15 days), Call me the village chief, Caolianchuans, daisongbo, A3EQ4KZ48K4L7Q, hezeyunjiamaoyiyouxinggongsi, houyan dianpu, Cymtmgc-US, luwei361, DQBMZBD, GPLEBM, danzhouchenzhisongshangmaoyouxiangongsi996, LiJinKaiXiaoDian, HLBMBDY, Curious Lake Boutique Department Store7879, FODONG, hongguihcwz, A27U2GK1WSFR8D, manguanshangmaojinyinbu, HSABMBD, huangxinghua1, Madam Uniq, jiangzhonglin666, CHISUSE, jiawei dianpu, HNxieyuelan Electronic Commerce Co., Ltd., A19IOPTJNW2C3P, JQNBCBD, KAILANTEUK, meiguotangluriyongpindian, guangzhouyuejishangmaoyouxiangongsi, CAOTW&LM, guilinshilinguiqushunyiriyongbaihuodian, LLKAI, 1wangmeixu1, Lucky Store 7-15 days Delivery, liulemindedian, MING-SU, A2GK7IOYGUI0PM, Hannaxin Baihuo, LIXUEMEI, Huizhou Huachai Liying Trading Co., LTD, JiaGangDianZiShangWu, A1FCW3EWNLAT1I, mairan, hengyangshizheyawangluokejiyouxiangongsi, F22WEII, Haimai BaiHuo, linxinshangwu, haikoulonghuapienbaihuodian, jiujiangyuwateshangmaoyouxiangongsi, diliyaerzhakeer, AOE7Q4AABMI6W, FuQuanFuXiaoDian, chifeiyang, Jjslkhbhd, chr1, HRong, Gang-teng, enchuanshanghang, juan(8-23 Days), kanhuashengxiang, LORDMIT PROTECTION, KunMingChengPingShuangDianZiShangWuYouXianGongSi, A11ZS08TS7C1V9, kangpeirong, mingxiuYu, HUIRAN, funiab, laobieshangmao, A3UIWZAEVO8YI3, Fashion Belt Store, F.G.flower, liuyitongf, chenxingxianxinqushigong, AnQingZheShuWangLuoKeJiYouXianGongSi, LiuHanYanUS, Dengxingpengshangmao, A1I1DEVR1VS0AG, hanchengjuan, A2NMJGXVD396T, AH4L5JPXKETVY, A1KHISCDRGMUDC, LIU ER YUE YANG, A2XAUTLZJ8FRG9, LiuXuanXiaoDian, kai run shangmao1, huchaobin, Dlltbet Store, gongjingbaihuoshanghang, A2C2DGRQBBPX0, liangzaibaihuo and turnedpretty.com added to case caption.

MOTION by Plaintiff Celine SA for Leave to Amend Schedule A to the Complaint instanter

AMENDED exhibit[2] Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 36 is granted. The amended Schedule A 37 is already on the docket. Lucky Store 7-15 days Delivery, MengDianPai, hongzhirui-shop, Dlltbet Store and GPLEBM terminated.

MOTION by Plaintiff Celine SA for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit 2 Amended Schedule A

MOTION by Plaintiff Celine SA for entry of default as to all Defendants, MOTION by Plaintiff Celine SA for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Celine SA 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)

MOTION by Plaintiff Celine SA for Leave to Amend Schedule A to the Complaint instanter

AMENDED exhibit 2 Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motions for leave to amend Schedule A to the complaint instanter [39], [44] are granted. LI MEI LING123 and Madam Uniq terminated. Amended Schedule A [40], [45] already filed on the docket.

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 41 must enter an appearance and file a written objection by 11/7/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

ATTORNEY Appearance for Plaintiff Celine SA by Quinn Bradley Guillermo

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 41. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Greer Burns & Crain Ltd., 300 S. Wacker Dr. Suite 2500, Chicago, Illinois 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 11/15/2023. Mailed notice.

DEFAULT JUDGMENT. Signed by the Honorable Martha M. Pacold on 11/15/2023. Mailed notice.

NOTICE of withdrawal of bond 23 by John Summerfield (Received for docketing 3/1/2024)