2023-cv-05647

COMPLAINT filed by Goorin Bros., Inc.; Filing fee $ 402, receipt number AILNDC-20943363.

Exhibit 1 Copyrights

Exhibit 2 Trademarks

(Exhibit 3 Provisionally filed under seal Schedule A)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Goorin Bros., Inc. by Rossana Baeza

ATTORNEY Appearance for Plaintiff Goorin Bros., Inc. by Brittany Zoll

SEALED DOCUMENT by Plaintiff Goorin Bros., Inc. Schedule A to Complaint

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Goorin Bros., Inc.

CLAIM by Goorin Bros., Inc. regarding Trademarks

CLAIM by Goorin Bros., Inc. regarding Copyrights

MEMORANDUM in support of Temporary Restraining Order by Goorin Bros., Inc.

MOTION by Plaintiff Goorin Bros., Inc. for leave to file excess pages

(Exhibit A Memorandum in Support of Plaintiff's Ex Parte Motion)

DECLARATION of Rossana Baeza regarding other 11 memorandum in support of motion 11

(Exhibits 1 - 6)

DECLARATION of Ben Goorin regarding other 11 memorandum in support of motion 11

Exhibit 1 Copyrights & Trademarks

(Exhibit 2 Slipsheet)

SEALED DOCUMENT by Plaintiff Goorin Bros., Inc. Ex. 2 to Ben Goorin Declaration

CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Heather K. McShain. 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.)

Ex. 2 (Part 2 of 16) to Ben Goorin Declaration

Ex. 2 (Part 3 of 16) to Ben Goorin Declaration

Ex. 2 (Part 4 of 16) to Ben Goorin Declaration

Ex. 2 (Part 5 of 16) to Ben Goorin Declaration

Ex. 2 (Part 6 of 16) to Ben Goorin Declaration

Ex. 2 (Part 7 of 16) to Ben Goorin Declaration

Ex. 2 (Part 8 of 16) to Ben Goorin Declaration

Ex. 2 (Part 9 of 16) to Ben Goorin Declaration

Ex. 2 (Part 10 of 16) to Ben Goorin Declaration

Ex. 2 (Part 11 of 16) to Ben Goorin Declaration

Ex. 2 (Part 12 of 16) to Ben Goorin Declaration

Ex. 2 (Part 13 of 16) to Ben Goorin Declaration

Ex. 2 (Part 14 of 16) to Ben Goorin Declaration

Ex. 2 (Part 15 of 16) to Ben Goorin Declaration

(Ex. 2 (Part 16 of 16) to Ben Goorin Declaration)

MAILED Copyright report to Registrar, Washington DC

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by November 30, 2023. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for extra pages (Dckt. No. 12) is hereby granted. Mailed notice

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 Steven C. Seeger no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/26/2023.

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.

MINUTE entry before the Honorable Jeffrey I Cummings: This case has been re-assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 9 and plaintiff's motion for temporary restraining order 10 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 200 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 11/29/23, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice

ENTERED in Error. Mailed notice. (Docket Text Modified on 11/27/2023). (Main Document 24 replaced on 11/27/2023).

ATTORNEY Appearance for Plaintiff Goorin Bros., Inc. by Jon Robert Neuleib

STATUS Report for Reassigned Case by Goorin Bros., Inc.

MEMORANDUM by Goorin Bros., Inc. Establishing Joinder is Proper

Declaration of Rossana Baeza

Exhibit 1 - Court Entries

Exhibit 2 - News Article

Exhibit 3 - WSJ Article

(Exhibit 4 - U.S. CBP Report)

ATTORNEY Appearance for Plaintiff Goorin Bros., Inc. by Breana Sharlynn Sicley

MOTION by Attorney Brittany Zoll to withdraw as attorney for Goorin Bros., Inc. No party information provided

Affidavit in Support of Plaintiff's Motion for Withdrawal

(Text of Proposed Order for Withdrawal of Attorney of Record)

MINUTE entry before the Honorable Jeffrey I Cummings: Attorney Brittany Zoll's motion to withdraw as attorney for plaintiffs 29 is granted. Brittany Zoll is terminated as counsel for plaintiffs. 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.

MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the plaintiff's supplemental memorandum on joinder 27 and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of over 200 defendants is proper in this matter under Fed.R.Civ.P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 185 (N.D.Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"); H-D U.S.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", No. 21-CV-01041, 2021 WL 780486, at *2 (N.D.Ill. Mar. 1, 2021) ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). Beyond alleging that the over 200 defendants are infringing upon plaintiff's trademarks and copyrights which alone is insufficient to establish the property of joinder, see Estee Lauder, 334 F.R.D. at 187 plaintiff claims generally that joinder is proper because, inter alia, defendants' websites "share unique identifiers," "use the same descriptions," "go to great lengths to conceal their identities," and use "similar [search engine optimization] tactics." (Dckt. #27 at 8-9; see also Dckt. #14). But apart from providing one "exemplary image of defendants' listings of counterfeit products," and two examples of shared descriptions ("Animal Farm Baseball Cap" and "Goorin Bros. Truth Seeker Black Hat"), plaintiff cites only broadly to the declaration of Ben Goorin (providing similar conclusory allegations) and to the accompanying 2800 pages of screenshots from defendants' listings, without providing the Court with specific additional information from those listings that might in fact support joinder. Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joinder is proper here. See H-D U.S.A., 2021 WL 780486, at *3 (finding joinder improper where plaintiff failed to allege "any nonconclusory facts to form a basis for a conclusion that the defendants' conduct overlaps enough to warrant joinder"). Accordingly, plaintiff's motion for temporary restraining order 10 as to the 211 defendants listed on its initial Schedule A is denied without prejudice. Plaintiff's motion for leave to file under seal 9 is granted. Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants along with a memorandum explaining specifically why each defendant is properly joined to all of the others by 3/22/24. Mailed notice

AMENDED complaint by Goorin Bros., Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint

Exhibit 1 - Copyrights

(Exhibit 2 - Trademarks)

SCHEDULE A by Plaintiff Goorin Bros., Inc. - Schedule A to Amended Complaint Modified on 6/13/2024.

MEMORANDUM order on motion for exparte, text entry, 32 by Goorin Bros., Inc. Establishing Joinder is Proper

Declaration of Breana Sicley

Exhibit 1 - Court Entries

Exhibit 2 - News Article

Exhibit 3 - WSJ Article

(Exhibit 4 - U.S. CBP Report)

DECLARATION of Ben Goorin in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order

Exhibit 1 - Copyrights

(Exhibit 2 - Trademarks)

EXHIBIT 3 (Part 1 of 4) by Plaintiff Goorin Bros., Inc. - Exhibit 3 to Declaration of Ben Goorin (Part 1 of 4) Modified on 6/13/2024.

Exhibit 3 (Part 2 of 4)

Exhibit 3 (Part 3 of 4)

(Exhibit 3 (Part 4 of 4))

NOTICE by Goorin Bros., Inc. of Filing Redline of Amended Complaint

(Exhibit Redline of Amended Complaint)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and for electronic service of process 36 is granted as to Amended Schedule A. For the purpose of the motion, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 6/7/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

ORDER GRANTING PLAINTIFF'S AMENDED EX PARTE MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 4/22/2024 Modified on 6/13/2024.

BOND in the amount of $ 5,000 Check posted by Boies Schiller Flexner LLP for Goorin Bros., Inc. Receipt Number 100005458. (Text entry; no document attached.)

REGISTRY DEPOSIT INFORMATION FORM by Goorin Bros., Inc. (Received via Intake Counter on 04/26/2024)

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint (Text entry; no document attached.)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for extension of TRO 43 is granted. Enter Order Extending TRO. Mailed notice

NOTICE of Voluntary Dismissal by Goorin Bros., Inc. of Defendant Nos. 3 (SENCHEN Store) and 4 (Uncle Nut Funny Socks Store)

NEW PARTIES: Quanzhou Zhengtian Huasheng Network Technology Co., Ltd. (1), Shenzhen Yibo Shoes And Hat Co., Ltd. (2), CHUANGE-US (5), Clover L4 (6), Haikou Yingying Trading Co., LTD (7), NovaBelle Techtime (8), qicat (9), acaa (10), af952 (11), bbgss (12), bghfg (13), bgvfc (14), bgythh (15), bhygz (16), bsmne6197xj (17), chenyu2 (18), ckep (19), cmlk (20), czou (21), dicr (22), elgu (23), ffttd (24), frfgt (25), ftrrd (26), fzctc5 (27), fzcto6 (28), fzctu4 (29), g14x (30), bghfg (31), ggkkk (32), gudj (33), HAT HAT (34), i0b2 (35), juhgg (36), k9fu (37), kmhg02 (38), kooio (39), kzkz123 (40), lfrz (41), miwdf33 (42), oinuhg (43), pfzctr1 (44), powg (45), pweilan2021 (46), pzucrk5563tt (47), qfnd (48), qsoy (49), shhee8 (50), sportshoes12 (51), suangnis (52), tp4r (53), v2d8 (54), xzxzccc (55), yutj871 (56), nadeemhassan72 (57) and ran99expo_ceylon (58) added to case caption. (Text entry; no document attached.)

SUMMONS Returned Executed by Goorin Bros., Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint on 5/14/2024, answer due 6/4/2024.

MOTION by Plaintiff Goorin Bros., Inc. for preliminary injunction

Memorandum of Law in Support of Plaintiff's Motion for Entry of a Preliminary Injunction

(Declaration of Breana Sicley)

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 47. In connection with that motion, plaintiff must serve all remaining defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by or before June 7, 2024." 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. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

CERTIFICATE of Service by Plaintiff Goorin Bros., Inc. regarding text entry, 48

MINUTE entry before the Honorable Jeffrey I Cummings: The 6/7/24 tracking status hearing is stricken and re-set to 6/17/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 47 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The 6/17/24 tracking status hearing is stricken and re-set to 8/2/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 6/12/2024. (Exhibits). Mailed notice.

MOTION by Plaintiff Goorin Bros., Inc. for leave to file excess pages in its Memorandum in Support of Plaintiff's Motion for Entry of Default Judgment

(Exhibit A - Memorandum in Support of Plaintiff's Motion for Entry of Default Judgment)

MOTION by Plaintiff Goorin Bros., Inc. for default judgment as to the Defaulting Defendants identified on the Second Amended Schedule A

Memorandum in Support of Plaintiff's Motion for Entry of Default and Default Judgment

Declaration of Breana S. Sicley

Exhibit A

Exhibit B

(Exhibit C)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file excess pages 53 is granted. Also before the Court is plaintiff's motion 54 for entry of default and default judgment against all defendants. All remaining defendants have failed either to 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. Any objections to the motion for entry of default judgment must be filed on or before 7/3/24. 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

AFFIDAVIT of Service filed by Plaintiff Goorin Bros., Inc. regarding June 25, 2024 Court Order (DE 55) served on Defendants on June 25, 2024

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 54 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 copyrights 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 $50,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice

ENTERED JUDGMENT Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Jeffrey I Cummings on 7/23/2024. Mailed notice

ATTORNEY Appearance for Plaintiff Goorin Bros., Inc. by Genesis Shin

MOTION by Attorney Breana Sicley to withdraw as attorney for Goorin Bros., Inc. No party information provided

(Affidavit)

MINUTE entry before the Honorable Jeffrey I Cummings: Attorney's motion to withdraw as attorney for plaintiff 61 is granted. Breana Sicley is terminated as counsel. Mailed notice

MOTION by Plaintiff Goorin Bros., Inc. for disbursement of funds

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for return of bond 63 is granted. Enter Order Releasing Bond. Mailed notice

DISBURSEMENT ORDER Signed by the Honorable Jeffrey I Cummings on 10/15/2024. Mailed notice