2023-cv-05640

COMPLAINT filed by Spin Master Ltd., Spin Master Toys UK Limited; Filing fee $ 402, receipt number AILNDC-20942713.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Schedule A regarding complaint[1]

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master Toys UK Limited

Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master Toys UK Limited

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin R. Gaudio

CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Text entry; no document attached.)

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Amy Crout Ziegler

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.)

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Trevor Christian Talhami

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for leave to file under seal 3 is granted. Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited 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 Chris Harrs regarding memorandum in support of motion[15]

Exhibit 1

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Exhibit 2 - Parts 1-6 regarding declaration[17]

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for miscellaneous relief[19]

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

Exhibit 1

Exhibit 2

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[14], motion for miscellaneous relief[19] before Honorable Virginia M. Kendall on 8/28/2023 at 09:00 AM.

MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 8/28/2023 is reset for 8/30/2023 at 9:30 AM. Mailed notice

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 8/30/2023. Plaintiff's Motion for electronic service of process 19 is granted. Plaintiff's Sealed Motion for Temporary Restraining 14 is granted and shall remain in effect up to and including 9/13/2023. Sealed Order to follow. Status hearing set for 9/13/2023 at 9:00 AM. Mailed notice

SEALED Temporary Restraining Order signed by the Honorable Virginia M. Kendall on 8/30/2023. Mailed notice

SURETY BOND in the amount of $ 10,000.00 posted by Spin Master Ltd., Spin Master Toys UK Limited. (Document not imaged)

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for extension of time of Temporary Restraining Order

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of extension of time 27

(Declaration of Justin T. Joseph)

NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time 27 before Honorable Virginia M. Kendall on 9/13/2023 at 09:00 AM.

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to extend Temporary Restraining Order 27 is granted. Temporary Restraining Order shall remain in effect up to and including 9/27/2023. Status hearing is reset for 9/27/2023 at 9:00 AM. Motion hearing set for 9/13/2023 is stricken. Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for preliminary injunction as to Certain Defendants

(Exhibit A)

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for preliminary injunction 31

Declaration of Justin T. Joseph

(Exhibit 1)

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 31 before Honorable Virginia M. Kendall on 9/27/2023 at 09:00 AM.

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

(Exhibit A)

SUMMONS Returned Executed by Spin Master Ltd., Spin Master Toys UK Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/25/2023, answer due 10/16/2023.

Declaration of Trevor C. Talhami

Exhibit A

MINUTE entry before the Honorable Virginia M. Kendall. Motion and Status hearing held on 9/27/2023. Plaintiff's Motion for Preliminary Injunction [31] is granted. Order to follow. Status hearing set for 11/8/2023 at 9:00 AM. Mailed notice

PRELIMINARY Injunction Order signed by the Honorable Virginia M. Kendall on 9/27/2023. Mailed notice

NEW PARTIES: ANTINGLS, Canyoo, cdmfdc, ChenFengFY, duowan-shop, Giyun-Ebike, Huizhoushiwanshimaoyiyouxiangongsi, Julyplace, Kunjiao, ngulean-0, 6.68857E+11, 5.38436E+12, A small in the local dog, Alfer, AMAKO, Angelwing, AnnHome, aqinsao, Aragaki Yui, Avan department, BBFamily, BBHome, Besch toys, Betas shop, Bo Ao Rong toy franchise, Boat, Bule, BXJTUNJILOOL, Carmen Childrens Products Fir, ChengYuBaiHuo, Childish interest, Children novelty toy, CiQishop, Clove Baby, CNW Office Supplies, CoCo baby, Cousin, COUSINEXUS, Daily Life Keychain, DDEmpire, dengjiacheng, Diantuo, Ding sent act the role ofing, DIY family, Dynamic Good Things Life Hall, Earley toys, Ecconbo toy, Educational cool toy, Enlightenment Xin toy, EQIVEI, Exclusive butler, FASHION CITY, FlowerA, Flowers in Wuyuan, Fowod, Frank Selling Factory, Freedom X, Funny pattern, Funny SL, George market, GoodGame, GOOLOOTOY, Gotcha, GYRO FF, Hanghang Home Living Museum, Happy Planet Treasure hunt, Hengjv, Hengmu toys, HILPP, Hiwa Fukuya, Honesty and winwin, Hooi, IFAONDECO, Intellectual childhood, Jia Ming toys, Jin Xian Sheng, JunYuxuan, KECHAOJZL, Kidlove toy, Kirano toy, lameng, Lebao baby and child, Lemeng Toy City, LIHONGYI, Little Rubiks Cube Big Dream, love who who, Magic fun, magpie mountain, Maycool, MB Department, MEKBOK, MICROTIME, Milan technology trade, Ming Sheng Digital franchise, Mingming Zhang, MINI GUO, MoYuTUNJILOOL, Music box toys, Muzzle jewelry, MY LIFE STYLE, My Lucky Stars, noland, Ovxxons Fashion Jewelry, pagarde, PALEBARMIX, Plum winter love personal care, Qi He, Qiyi Xiangyun puzzle, Queenral Sports Bra, QUICK AT, Read home life museum, Rising Star, Romantic lighting, rzsm, SANDY SKY, Sarah H, sengso, Seongzhou Selection, SG Facai, Shop Alls, SHXH, Small single toy quality, Smart Marketplace, Spaceman dd, Suxiao, T luxury, TAIYI TOY, The Blue Rain Century, The home of me, There is a square fast, Therefore the quality is, Thirtytwoda, Tinkling, TO B OR N, TONGTONG LOVE, Trance Trade Hall, Tsl Cn Shop, TUNJILOOLTOY, Wisdom Shining Star toy, Wonderful Planet, woniuhetuzi, WUSICHONG, WuXiaoHua, xiaoruidamai, Xuan bao SAN, XUAN GUAN, Yagao toys, Yaha home, Yifan Deparment, YSC shop, YTRJew, YUN YUEYUE, YuYanRiYongPinChang, YWFactory, YYDS SLOGAN, Zhenwei Ecommerce, baiyibao, Chasing Fashion Pig, JXXYALL, LavaShine, PLstar Cosmos clothes and siling wholesale store added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to Certain Defendants

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain Defendants

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited 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)

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment, 42 before Honorable Virginia M. Kendall on 10/30/2023 at 09:00 AM.

(Exhibit A)

GENERAL ORDER 23-0040: EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeffrey I. Cummings; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Jeffrey I. Cummings; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeffrey I. Cummings' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's criminal case assignment system ninety (90) days so that Judge Cummings shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeffrey I Cummings for all further proceedings. Honorable Virginia M. Kendall no longer assigned to the case. Signed by Honorable Jeffrey I Cummings on 10/26/23.

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 10/30/2023 and Status hearing set for 11/8/2023 are stricken due to case being reassigned to Judge Cummings. Mailed notice

ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This case has been re-assigned to the initial calendar of Judge Jeffrey I. Cummings. All previously set status and motion hearing dates are stricken. All previously set discovery deadlines and briefing schedules remain intact. Signed by the Honorable Jeffrey I Cummings on 10/30/2023: Mailed notice.

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

STATUS Report pursuant to 48 by Spin Master Ltd., Spin Master Toys UK Limited

(Exhibit A)

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant

MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the plaintiff's status report 50. The Court will review plaintiff's motion for default 42 and will either issue a ruling by mail or set a hearing if appropriate. Mailed notice

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

MINUTE entrybefore the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 42 for entry of default and default judgment against the remaining defendants. All remaining defendants have failed to either plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure against the remaining defendants. Any objections to the motion for entry of default judgment must be filed on or before 12/15/23. 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 Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited regarding set motion and R&R deadlines/hearings, 55

(Exhibit A)

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant

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.

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant

MINUTE entry before the Honorable Jeffrey I Cummings: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 42 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 $150,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER. Signed by the Honorable Jeffrey I Cummings on 4/5/2024. Mailed notice

FULL SATISFACTION of Judgment regarding order 62 in the amount of $150,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 62 in the amount of $150,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant

NOTICE of withdrawal of surety bond [26] by John Summerfield. (Received at the Intake Counter on 07/25/24)

FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[62] in the amount of $150,000 as to certain defendant