2023-cv-05650

COMPLAINT filed by Bestway Inflatables & Material Corp.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20943863.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Robert Payton Mcmurray

MOTION by Plaintiff Bestway Inflatables & Material Corp. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bestway Inflatables & Material Corp.

CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Young B. Kim. 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.)

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Bestway Inflatables & Material Corp. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for temporary restraining order, 10

Declaration Li Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 1 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 2 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 3 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 4 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 5 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 6 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 7 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 8 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 9 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 10 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 11 of Li Declaration

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 12 of Li Declaration

Notice of Claims Involving Trademarks by Bestway Inflatables & Material Corp.

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Andrea R. Wood for all further proceedings pursuant to IOP 13(f)(2)(b). Honorable Mary M. Rowland no longer assigned to the case. Signed by Executive Committee on 8/21/23.

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal 6, motion to exceed page limitation 9, and ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10 are set for a telephonic motion hearing on 8/31/2023 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 8/31/2023. For the reasons stated on the record, Plaintiff's motion for leave to file under seal 6, motion to exceed page limitation 9, and ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10 are granted. Enter Sealed Temporary Restraining Order. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 7, and (2) Exhibit 2, Parts 1-12 [12-23]. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:30 a.m. on 8/31/2023 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 9/14/2023 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 Andrea R. Wood on 8/31/2023.

ATTORNEY Appearance for Defendant MengHuan-US by Ruoting Men

ATTORNEY Appearance for Defendant MengHuan-US by Tianyu Ju

MOTION by Plaintiff Bestway Inflatables & Material Corp. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant No. 104

SURETY BOND in the amount of $ 10,000.00 posted by Bestway Inflatables & Material Corp. (Document not imaged)

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex-parte motion to extend the temporary restraining order 31 is granted. The Court finds good cause to extend the temporary restraining order an additional 14 days to 9/28/2023. Telephonic status hearing set for 9/14/2023 is stricken and reset for 9/28/2023 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

MOTION by Defendant MengHuan-US to vacate SEALED Order 28 EMERGENCY MOTION TO VACATE THE TEMPORARY RESTRAINING ORDER

Exhibit Court Transcript

(Declaration Decl. of Defendant)

MINUTE entry before the Honorable Andrea R. Wood: Defendant MengHuan-US' emergency motion to vacate the temporary restraining order 34 is set for a telephonic motion hearing on 9/14/2023 at 2:30 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

SUPPLEMENT to motion to vacate 34 Judge Gary S. Feinerman Transcript 21-cv-1280

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 9/14/2023. As discussed on the record, Defendant MengHuan-US' emergency motion to vacate the temporary restraining order 34 is taken under advisement. Telephonic status hearing set for 9/28/2023 at 9:00 AM 33 remains firm. Mailed notice

ORDER signed by the Honorable Andrea R. Wood on 9/15/2023: Defendant MengHuan-US's emergency motion to dissolve the Temporary Restraining Order entered on 8/31/2023 34 is granted. Having considered Defendant's motion and supporting materials, the arguments of the parties at the motion hearing on 9/14/2023, and Plaintiff's original ex parte motion for entry of a temporary restraining order 10, the Court is persuaded that the Temporary Restraining Order should be vacated as to Defendant MengHuan-US due to an insufficient showing of a likelihood of success on the merits. Specifically, Plaintiff has made an insufficient showing that Defendant MengHuan-US uses Plaintiff's registered mark as a trademark or for any purpose other than fairly and in good faith describing its own products. This indicates a likelihood of success for Defendant MengHuan-US on a fair use defense to Plaintiff's claim for trademark infringement. See Sorensen v. WD-40 Co., 792 F.3d 712, 722 (7th Cir. 2015); 15 U.S.C. § 1115(b)(4). Additionally, Plaintiff has offered insufficient evidence that it is likely to prevail on a claim for false designation of origin. See Web Printing Controls Co., Inc. v. Oxy-Dry Corp., 906 F.2d 1202, 1204 (7th Cir. 1990); 15 U.S.C. § 1125(a). Based on the current record, Defendant MengHuan-US sells its products using its own brand name; further, it specifically states in the description of its products that it does not own the Bestway brand and that its products are merely compatible with Bestway's products rather than originating from Bestway. And despite counsel's suggestions to the contrary, the Court is unpersuaded that the use of Bestway's mark in conjunction with the format and style of Defendant MengHuan-US's webstore supports a finding of a likelihood of confusion. As Plaintiff has not offered sufficient evidence of its likelihood of success on the merits with respect to Defendant MengHuan-US, the Temporary Restraining Order 28 is dissolved as to Defendant MengHuan-US only. The Temporary Restraining Order remains in place with respect to the other Defendants. The parties are reminded that this ruling addresses only the propriety of the extraordinary remedy of temporary injunctive relief and is not a final disposition on the merits of Plaintiff's claims against Defendant MengHuan-US. Mailed notice (aw,)

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 147

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant No. 127

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 240

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 77

MOTION by Plaintiff Bestway Inflatables & Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-103, 105-126, 128-146, 148-174, 176-202, 233-239 and 241-260

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for preliminary injunction, 44

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction, 44

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 9/28/2023. As discussed on the record, Plaintiff shall file their anticipated motion for entry of a preliminary injunction by the close of business on 9/29/2023. The Temporary Restraining Order is extended for an additional 7 days until 10/5/2023. Any Defendant wishing to dissolve the TRO may file a motion to that effect and contact the Courtroom Deputy to obtain an emergency hearing. Telephonic motion hearing set for 10/5/2023 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

SUMMONS Returned Executed by Bestway Inflatables & Material Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/29/2023, answer due 10/20/2023.

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 124, 142

ATTORNEY Appearance for Defendant Amazon Store Folosem by Ge Lei

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 105, 143

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 153, 201, 221

RESPONSE by Amazon Store Folosemin Opposition to MOTION by Plaintiff Bestway Inflatables & Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-103, 105-126, 128-146, 148-174, 176-202, 233-239 and 241-260 [44]

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 108

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 10/5/2023. As stated on the record, by 10/6/2023, Plaintiff shall file a supplement to their motion for entry of a preliminary injunction [44] indicating whether there are other Defendants listed in their Schedule A for which the challenged use of Plaintiff's mark is in connection with a product description stating compatibility with or lack of compatibility with Plaintiff's products. Plaintiff's motion for entry of a preliminary injunction [44] is taken under advisement. The Temporary Restraining Order shall remain in place until ruling on the pending motion for preliminary injunction. Telephonic status hearing set for 10/12/2023 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants

MEMORANDUM by Bestway Inflatables & Material Corp. Plaintiff's Supplemental Memorandum in Support of its Motion for Entry of a Preliminary Injunction

Exhibit A

Exhibit Kalbac Exhibit 1

ATTORNEY Appearance for Defendants LIHUIKEJIEU, POTRAS Official US, PENGHUIHUI-US, ZUOLUN Official US, Marvel US by Brian Swift

RESPONSE by LIHUIKEJIEU, Marvel US, PENGHUIHUI-US, POTRAS Official US, ZUOLUN Official USin Opposition to MOTION by Plaintiff Bestway Inflatables & Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-103, 105-126, 128-146, 148-174, 176-202, 233-239 and 241-260 [44]

Exhibit A

Declaration of Changxin Chen

Declaration of Xiafei Xie

ATTORNEY Appearance for Defendants LIHUIKEJIEU, Marvel US, PENGHUIHUI-US, POTRAS Official US, ZUOLUN Official US by Adam Edward Urbanczyk

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 243

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 10/12/2023. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [44] is granted, with the exception of the Defendants who have been voluntarily dismissed and Defendants POTRAS Official US and Marvel US, who have appeared through counsel and desire to oppose the entry of a preliminary injunction against it. Enter Preliminary Injunction Order. The Temporary Restraining Order will remain in effect as to Defendants, POTRAS Official US and Marvel US, pending the resolution of the preliminary injunction motion as to it. By 10/19/2023, Plaintiff shall file a reply in support of their motion for entry of a preliminary injunction as to Defendants POTRAS Official US and Marvel US. The Clerk's Office is directed to unseal: (1) Schedule A to the complaint [7], (2) Exhibit 2, Parts 1-12 [12-23], and (3) the sealed temporary restraining order [28]. Plaintiff's counsel 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 https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic status hearing set for 11/2/2023 at 12:30 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

NEW PARTIES: a5scsl-0, amiq_6646, audrey-233, buf6320, firefix-linko, fpn-79, guangfnehu850, mei6-79, mf6_50, mige9323, ming_7792, phamv-26, shanxibingjiapinghao0, songhengs, vntng_11, wellrisedevel-0, yalsy_25, yunner_0, zegueypher_0, zhanghanbo-2, zhangyuxi3, zhouyan-46, zhuidin51, Shenzhenpaiaisikejiyouxiangongsi, Suzhouyinshimaoyiyouxiangongsi, Griu Derip8, Mibuki, ANGDUO-Home Store, BetterBetter Store, Cool Living Online Store, Cozy Home Store, goodlife houseware Store, GoodLucky No. 10 Store, HOTHome Store, Isfriday Daily Tools Store, JZSMY Store, Meiya life Store, Mintiml Dropshipping Store, Mintiml Gadgets Store, RAG DOLL PET Store, SHBA-Home Appliance Parts Store, Shop1100009086 Store, Shop1102487289 Store, YOUJIA Store, Benedette shops, sichuanenmengjiu, tai yuan zha hong kong, 10shige, accessfinec-0 and alvid-2133 added to case caption. (Text entry; no document attached.)

NEW PARTIES: aojedf, baokhue17, beitonggreat-0, best-mart-6, blast-shop, diann_139938, dinhngu7434, enni_4598, goodstock99, goodxiaolei, harristra0, jiangronghu, laurora_it, legend009_4, leon71618, mltshop, mltyyds, moon_5182, npxwhl68, nyvf3021, percen, promarin001, shanionli-mart-09, shashi92, sulonir-0, wi-8827, yankang-92, yfdl31, yutingb-96, yydp5113, zarachiel_nera, zhangh-15, zhanruitech, znxf2022, zo-776523, ztt_online, Chongqingyouyunianshangmaoyouxiangongsi, Guangzhou Baiyun Huangshi Jingchefang Automobile Appliance Firm, Guangzhou Liujun Trading Company and Guangzhoushi Hanyi Zai Trad added to case caption. (Text entry; no document attached.)

NEW PARTIES: Guangzhouyinmaipijuyouxiangongsi, Hangzhouzhiyushangmaoyouxiangongsi, Jinanruidaohuliangwangyouxiangongsi, Ping Hu Shi He Xin Dian Zi Shang Wu You Xian Gong Si, Shandongshengwanjiaxinxikejiyouxiangongsi, Shenzhenshihongyidianzishangwuyouxiangongsi, 7-15 Days Delivery, BearkeyCC, Blue-Bird Books, BRUSH, BT ONLINE, Cermug, Chiikoushop, Chumius, customizedexpert, Etermeta, FANTUO, Folosem, fuex, Gezhesiwei, haikoupeibodadianzikejiyouxiangongsi, haosihandeyamamaxundianpu, HomiStore Direc, hopewangmall, jheshun, JindeeDL, kedushangmao, KOLEOL Store, Larufas, leisurelo, lingling store., Little Gu Ge, LSHLUS, MaQian ShanBan, Marval US Store, MengHang-US, nusind, Oceanman Store, PigherderAB, PM Squared, Sanperlina, sheionghangq, ShenZheY, Sibosen, SkywalkerN, SuiTool-US, susongxiaoyanbaihuodian, Taillyg, vdyxew, wdke, XiaLan and xiaolianbaihuoshanhangahang added to case caption. (Text entry; no document attached.)

NEW PARTIES: YIJia, Yougfin Store, YueFu Shop, ZooXadin, ayac Store, BAETOP Life Store, Bestway Steel Pro Swimming Pool Store, Bianca Store, CNfactory001 Store, Cryspool filtration Store, Daily objects Store, Day Day 888 Store, Domino Shop Store, Dream Garden Store, DZQ FUN SPORTS Store, Explorer outdoor discount Store, Farrah H Store, Frank camping Store, fufu outdoor Store, furniture life Store, Garbo Store, Global super retail department Store, HILIVE Store, Home Garden you, IELIFE Store, Industry conscience Store, Inflate Your Fun Store, isfriday - HomeLife Tool Store, Jiangxi Much Industry-Trade Co., Ltd., Kaka Outdoor Water Products Store, Keep Sport Store, KingFresh Vacuum Cleaner Parts Store, Lifespring Store, Louis fashion Joyce Store, Mi Robotic Accessories Store, Midia sportsfans online Store, MonyHome Store, Outdoor Professional Reliable Store, Paopaoyu Store, Shop1100121006 Store, Shop1100319075 Store, Shop1102056424 Store, Shop1102094413 Store, Shop1102166811 Store, Shop1102509003 Store, Shop1896001 Store, Shop910324250 Store, Shop911223125 Store, ShouShou Outdoor Store, ShowMore Store, Spring Gardening Store, Sun Boat Vacuum Cleaner Parts Store, US LOCAL FURNITURE Store, Vonderful Store, WHOTMAN Furnitures Direct Store, Xiang Tool Shop Store, Anhui Adream Technology Co., Ltd., Anhui Premiere International Co., Ltd., Cangzhou Jinbo Sports Co., Ltd. and Dongguan Chang Yuan Plastic Toys Co., Ltd. added to case caption. (Text entry; no document attached.)

NEW PARTIES: Dongguan E Smart Live Technology Co., Ltd., Dongguan Jiuhe Filter Co., Ltd., Dongguan Sunshine Plastic Products Co., Ltd., Hangzhou Silowell Purification Equipment Co., Ltd., Hebei Lianrun Automobile Parts Co., Ltd., Henan Bangrun Purification Equipment Co., Ltd., Henan Obiler Commercial Trading Co., Ltd., Jiaxing Easy Vac Co., Ltd., Jiaxing Layo Import And Export Group Co., Ltd., Jiaxing Ucp Electric Appliance Co., Ltd., Jinhua Chanodug Outdoor Products Co.,LTD, Nanjing Tong Chang Environment Tech Co., Ltd., Ningbo Poolstar Pool Products Co., Ltd., Ningbo Waltmal Sanitary Wares Co., Ltd., Qihang Creative Culture Technology (shenzhen) Co., Ltd., Shanghai Aixi Label Ornament Co., Ltd., Shenzhen Behonda Technology Co., Limited., Shenzhen Fuyang Industrial Co., Ltd., Shenzhen Hongyan E- Commerce Co., Ltd., Shenzhen Mingzhenwen Technology Co., Ltd., Shenzhen Qinshi International E-Commerce Co., Limited, Shenzhen Rongyuan International Trading Co., Ltd., Suzhou Oubang Trading Co., Ltd., Vac Master Co., Limited, Wuxi Jiaze Environmental Protection Technology Co., Ltd., Xiamen Bidebao Import & Export Co., Ltd., ACME TEXTILE CO.,LIMITED, AiDeMan, AINLT, ANST Online, blueline office, Choubui, Dex Co.Ltd, FCflower, incitystore, Leke, LEPOWER COLOGO, Liyong Trading, MICHANEL, MiMao Diy House, ONLY SHOW, rizhaoxuqingwenjuyongpinyouxiangongsi, Seashell World, Shuang yue man, Skycarper Shop, SZMBSG, The Green Market, Third floor LCH, WANNI Co.,Ltd, Wonder Comfort, wuhanqinguaishan, WZCPCV Co. ltd, YaShe Home Store and zheng zha shen added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 87

MOTION by Plaintiff Bestway Inflatables & Material Corp. for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Reply in Support of Its Motion for Entry of a Preliminary Injunction [DKT. NOS. 44, 45].

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's unopposed motion for a first extension of time to file a reply in support of its motion for entry of a preliminary injunction [Dkt. NOS. 44, 45] [65] is granted. Plaintiff shall file a reply in support of their motion for entry of a preliminary injunction as to Defendants POTRAS Official US and Marvel US by 10/31/2023. Mailed notice

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 176

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 86, 258

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 11/2/2023. In light of Plaintiff's notice of voluntary dismissal [69], Defendants POTRAS Official US and Marvel US are dismissed without prejudice. Accordingly, Defendants POTRAS Official US and Marvel US' objections to the motion for preliminary injunction are now moot. With no other Defendant having appeared to oppose entry of the preliminary injunction, all remaining Defendants are subject to the preliminary injunction order. Telephonic status hearing set for 12/21/2023 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 65,66, 67

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 5, 148

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 112

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 244

ATTORNEY Appearance for Defendant The Green Market by Baruch Simcha Gottesman

MOTION by Defendant The Green Market to vacate default and grant leave to file Answer or otherwise move with respect to the Complaint; to vacate the improperly Noticed and granted Preliminary Injunction; and leave pursuant to Rule 5 to serve co-Defendants by serving ECF

Text of Proposed Order

Declaration Memorandum of Law in Support of Motion

Affidavit Affidavit in Support

Exhibit A - Docket in Bestway Inflatables & Material Corp. v. The Individuals, e

Exhibit B - Exhibit BDocket in Purple Innovation v. Chuang Fan Handicraft, et al

Exhibit C - Order in Mwami v. U.S., et al., 1:99-cv-125 (D.D.C.)

Exhibit D - Order in Langford v. Jurez Cartel, et al., 1:20-cv-132 (D.N.D.)

Exhibit E - Brief of Amici Curiae in Palace Skateboards Grp. v. Aimeey, et al.,

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff shall file a response to Defendant Green Market's motion pursuant to Rule 55 and other applicable rules to vacate the Green Market's default and for other relief [76] by 12/15/2023. Mailed notice

ATTORNEY Appearance for Defendant Seashell World by Casey Ann Hewitt

MOTION by Defendant Seashell World for extension of time to file answer

RESPONSE by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Response to Defendant's Motion to Vacate Default, Vacate Preliminary Injunction and to Authorize Service on Co-Defendants Via ECF

Exhibit A

Exhibit B

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 220, 255

MINUTE entry before the Honorable Andrea R. Wood: Telephone status hearing held on 12/21/2023. Motion for extension of time to answer [79] is granted. Defendant Seashell World shall have until 1/11/2024 to answer or otherwise plead to the complaint. Motion to vacate [76] is taken under advisement. A status hearing is set for 1/24/2024 at 9:45 a.m. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

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 Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 209, 259

MOTION by Defendant Seashell World for extension of time to file answer (Unopposed Second Extension)

MINUTE entry before the Honorable Andrea R. Wood: Defendant Seashell World's unopposed second motion for extension of time to respond [85] is granted. Defendant Seashell World shall answer or otherwise respond to Plaintiff's complaint by 2/1/2024. Mailed notice

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant No. 249

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/24/2024. Counsel for Defendant the Green Market did not appear. For the reasons stated on the record, Defendant the Green Market's motion pursuant to Rule 55 and other applicable rules to vacate the Green Market's default and for other relief [76] is granted in part. The motion is granted with respect to the request to vacate the default and to allow an opportunity for the Green Market to file an answer or otherwise respond to the complaint. Defendant the Green Market shall answer or otherwise respond to Plaintiff's complaint by 2/7/2024. The Court enters and continues the motion with respect to challenges to the preliminary injunction. Telephonic status hearing set for 2/20/2024 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 251

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 205

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Bestway Inflatables & Material Corp.

MOTION by Plaintiff Bestway Inflatables & Material Corp. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A

Exhibit Amended Schedule A

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for default judgment, [92]

Exhibit 1

Exhibit 2

DECLARATION of m regarding motion for default judgment, [92]

Exhibit Hierl Exhibit 1

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default and default judgment against the Defendant identified in Amended Schedule A [92] will be heard at the telephonic hearing set for 2/20/2024 at 9:00 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 2/20/2024. Counsel for Defendant Green Market did not appear. For the reasons stated on the record, the Court enters Rule 55(a) default against all Defendants identified in Amended Schedule A, including Green Market. Plaintiff's motion for default judgment against the Defendants identified in Amended Schedule A [92] is entered and continued. By 2/27/2024, Defendant Green Market is directed to show cause in writing why default judgment should not be entered against it in light of its failure to appear for the past two court hearings and failure to answer the complaint by the extended answer date of 2/7/2024. In addition, as Green Market is now in default, its motion for relief from the preliminary injunction [76] is denied. Telephonic status hearing set for 2/29/2024 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

RESPONSE to Order to Show Cause to order on motion to vacate, order on motion for default judgment, telephone conference, motion hearing, set/reset hearings, [96]

Exhibit A - Proposed Answer

ANSWER to Complaint as Authorized by the Court on February 29, 2024 by The Green Market

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 2/29/2024. For the reasons stated on the record, the show cause order [96] is discharged in light of Defendant Green Market's response [97] and appearance at today's hearing. Defendant Green Market is directed to file their answer to Plaintiff's complaint attached to their response brief [97-1] as a separate entry on the docket within 24 hours. The case is referred to the magistrate judge for the purpose of conducting a settlement conference between Plaintiff and Defendant Green Market. By 4/1/2024, the parties shall file a joint status report setting forth: (1) the status of settlement discussions; (2) whether the parties expect to require any additional discovery or other proceedings on the merits of Plaintiff's claims against Green Market; and (3) any other issues the parties would like to discuss with the Court at a telephonic status hearing. Mailed notice

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: settlement conference.

MINUTE entry before the Honorable Young B. Kim: A preliminary settlement discussion with the attorneys of record is scheduled for March 12, 2024, at 11:00 a.m. by phone. The conference call number is (877) 336-1839 and the passcode is 4333213. Plaintiff and Defendant The Green Market are ordered to appear for this discussion. Mailed notice

MOTION by Plaintiff Bestway Inflatables & Material Corp. to strike Plaintiff's Motion to Strike the Answer of Defendant No. 253 "GREEN MARKET" [Dkt. No. 98] Presented before District Judge

MINUTE entry before the Honorable Young B. Kim: Preliminary settlement discussion held. Defendant The Green Market did not appear for today's discussion. A Webex video settlement conference is scheduled for April 29, 2024, at 1:00 p.m. (CST). The court will send out a video link by email prior to the start of the conference with instructions to join the meeting. Parties are to notify the court by noon on March 13, 2024, if the individuals who are required to appear for the conference have a scheduling conflict. If so, the court will reschedule the conference for April 30, 2024. Parties are ordered to review and follow the court's standing order on "Settlement Conferences" on its webpage. The individuals with the authority to settle this matter must be present by video for the entire conference. Plaintiff to provide a written settlement position statement to Defendant, with a copy to the court (settlement_statement_kim@ilnd.uscourts.gov), by March 29, 2024. Plaintiff is directed to include a draft settlement agreement it has used in this case. Defendant to respond in writing, with a copy to the court, by April 12, 2024. These settlement position statements are not to be filed with the clerk's office. Mailed notice

DECLARATION of Baruch Gottesman regarding settlement conference, set/reset hearings, [103] Notice of Scheduling Conflict - Counsel for Green Market will be out for Passover on both April 29, 2023, and April 30, 2023

MINUTE entry before the Honorable Young B. Kim: In response to Defendant The Green Market's request to reschedule the settlement conference (R. 104), the court emailed the attorneys of record the following morning on March 13, 2024, and asked them to consider the additional dates offered in the same email and to respond with a date that works for both parties by noon on March 14, 2024. However, the parties have not yet responded to the court's email. Parties now have until noon on March 18, 2024, to respond. Otherwise, the court will terminate the referral and return the case to the presiding District Judge. Mailed notice

MINUTE entry before the Honorable Young B. Kim: A status hearing is scheduled for March 27, 2024, at 10:00 a.m. by phone. Parties are to use the same call-in information. Mailed notice

MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone. Based on the discussion held today, Defendant The Green Market's ("Green Market") declaration, treated as a motion to reschedule [104], is granted. The Webex video settlement conference is rescheduled from April 29, 2024, to May 3, 2024, at 1:00 p.m. (CST). Also, Plaintiff now has until April 5, 2024, to provide a written settlement position statement to Defendant, with a copy to the court by email. Plaintiff is directed to include a draft settlement agreement it has used in this case with other Defendants. Green Market now has until April 19, 2024, to respond to the position statement, with a copy to the court. These settlement position statements are not to be filed with the clerk's office. Mailed notice

STATUS Report Joint Status Report by Bestway Inflatables & Material Corp. Presented before District Judge

MINUTE entry before the Honorable Young B. Kim: Defendant The Green Market ("Green Market") is ordered to explain by May 1, 2024, why it should not be sanctioned for failing to comply with this court's orders. This matter was referred to this court for a settlement conference on March 4, 2024. (R. 100.) The following day, this court scheduled a conference call to take place on March 12, 2024, for a preliminary settlement discussion. (R. 101.) The conference call took place as scheduled but the discussion was not productive because Green Market failed to appear for the call. (R. 103.) The court did schedule a settlement conference to take place on April 29, 2024. (Id.) In response to this schedule, Green Market notified the court by filing a "declaration" that it cannot appear for the settlement conference on April 29 or April 30, 2024. (R. 104.) Notably, Green Market did not explain why it failed to appear for the scheduled conference call. However, because of this notice, the court reached out to the parties to reschedule the settlement conference. After some wrangling, the court issued another order on March 27, 2024, rescheduling the settlement conference for May 3, 2024, and requiring Plaintiff to serve its settlement position statement by April 5, 2024, and Green Market to respond with its own position statement by April 19, 2024. (R. 107.) Plaintiff timely served its position statement as ordered. But when the court did not receive anything from Green Market on April 19, 2024, the court emailed the parties on April 23, 2024, asking about Green Market's position statement. Green Market has not responded to the email but Plaintiff updated the court that it did not receive anything from Green Market. In light of this failure, Green Market is ordered to explain why it failed to appear for the preliminary settlement discussion on March 12, 2024, and failed to serve its position statement on Plaintiff by April 19, 2024. Mailed notice

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 80

RESPONSE by Defendant The Green Market to text entry, [109]

MINUTE entry before the Honorable Young B. Kim: Video settlement conference held and continued to May 20, 2024, at noon (CST). Plaintiff is directed to secure The Green Market's Walmart account balance in preparation for the second conference. Emailed notice

MINUTE entry before the Honorable Young B. Kim: Plaintiff and Defendant The Green Market have resolved this matter. In light of this settlement, the second video settlement conference scheduled for May 20, 2024, is cancelled. The court will remain on this case until the parties have fully executed their settlement agreement, which has been tendered to Defendant. Mailed notice

MINUTE entry before the Honorable Young B. Kim: Plaintiff and Defendant The Green Market have resolved this matter. In light of this settlement, the second video settlement conference scheduled for May 20, 2024, is cancelled. The court will remain on this case until the parties have fully executed their settlement agreement, which has been tendered to Defendant. Mailed notice

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 207

STIPULATION of Dismissal Stipulation of Voluntary Dismissal

MINUTE entry before the Honorable Young B. Kim: Plaintiff and Defendant The Green Market have resolved the case and finalized their settlement documents. Parties are to file their stipulation to dismiss Green Market with the assigned District Judge by June 7, 2024. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the presiding District Judge. Mailed notice

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Bestway Inflatables & Material Corp.

MOTION by Plaintiff Bestway Inflatables & Material Corp. for default judgment as to Plaintiff's Renewed Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A

Exhibit A

Exhibit B

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for default judgment, [119]

Exhibit 1

Exhibit 2

DECLARATION of Michael A. Hierl regarding motion for default judgment, [119]

Exhibit Hierl Exhibit 1

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 219

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's renewed motion for entry of default and default judgment against the Defendants identified in Amended Schedule A [119] is set for a telephonic motion hearing on 8/15/2024 at 11:00 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone motion hearing held. Based on the discussions held on the record, Plaintiff's motion for default judgment [119] is granted. All other pending motions are terminated as moot. Enter Final Judgment. Civil case terminated. Mailed notice.

DEFAULT JUDGMENT ORDER: Signed by the Honorable Andrea R. Wood on 8/16/2024. Mailed notice.

SATISFACTION of Judgment

SATISFACTION of Judgment