2023-cv-05946

COMPLAINT filed by Robert Smith; Filing fee $ 402, receipt number AILNDC-20962660.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Robert Smith Schedule A regarding complaint[1]

MOTION by Plaintiff Robert Smith for leave to file under seal

CIVIL Cover Sheet

Notice of Claims Involving Trademarks by Robert Smith

ATTORNEY Appearance for Plaintiff Robert Smith by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Robert Smith by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Robert Smith by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiff Robert Smith by Quinn Bradley Guillermo

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment.

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.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file Schedule A under seal 3 is granted.

MOTION by Plaintiff Robert Smith for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Robert Smith 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 Emily Holt regarding memorandum in support of motion[14]

Exhibit 1

SEALED EXHIBIT by Plaintiff Robert Smith Exhibit 2 Parts 1 - 7 regarding declaration[16]

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

MEMORANDUM by Robert Smith 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 ([13], [18]), the supporting memoranda ([14], [19]) and the temporary restraining order, plaintiff's motions 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, but at this preliminary stage, 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 8/30/2023:

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

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

MOTION by Plaintiff Robert Smith for leave to file an Amended Schedule A to the Complaint instanter

SEALED EXHIBIT by Plaintiff Robert Smith Amended Schedule A regarding MOTION by Plaintiff Robert Smith for leave to file an Amended Schedule A to the Complaint instanter [24]

MOTION by Plaintiff Robert Smith for preliminary injunction

(Exhibit A)

MEMORANDUM by Robert Smith in support of motion for preliminary injunction 26

Declaration of Justin T. Joseph

(Exhibit 1)

SUMMONS Returned Executed by Robert Smith as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/8/2023, answer due 9/29/2023.

Declaration of Quinn B. Guillermo

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 24 is granted. Defendant No. 23 PuppyPets is terminated. Plaintiff has already filed an amended Schedule A on the docket 25. Mailed notice

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 26 under advisement and will consider the motion unopposed if no defendant appears and objects by 9/21/2023. Plaintiff shall serve defendants with this notice. For the reasons stated in the Court's orders entering the TRO 21, the TRO is extended to and including the date on 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844.

MOTION by Plaintiff Robert Smith for leave to file an Amended Schedule A to the Complaint instanter

SEALED EXHIBIT by Plaintiff Robert Smith Amended Schedule A regarding MOTION by Plaintiff Robert Smith for leave to file an Amended Schedule A to the Complaint instanter [31]

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 31 is granted. The amended Schedule A 32 is already on the docket. nannuqiu and WUJINGJING terminated.

MINUTE entry before the Honorable Martha M. Pacold: The deadline for defendants to appear and object to the preliminary injunction has passed 30. Plaintiff should file by 9/29/2023 a certificate of service to confirm whether defendants were served. Plaintiff should also, by 9/29/2023, submit a new clean and track changes proposed preliminary injunction order to Proposed_Order_Pacold@ilnd.uscourts.gov reflecting the amended Schedule A as of that date.

CERTIFICATE of Service by Justin Tyler Joseph on behalf of Robert Smith regarding set motion and R&R deadlines/hearings, [34]

Exhibit A

MOTION by Plaintiff Robert Smith for Leave to Amend Schedule A to the Complaint Instanter

SEALED EXHIBIT by Plaintiff Robert Smith Amended Schedule A regarding exhibit[2]

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A by dropping defendants No. 8 Music Official and No. 99 xingmingart [36] is granted. Plaintiff has filed the amended Schedule A on the docket [37]. Defendants No. 8 Music Official and No. 99 xingmingart are terminated with prejudice.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [26]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [26] 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 10/2/2023:

ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 10/2/2023. Mailed notice.

NEW PARTIES: Loanshop, Love with shop, LUOZINAN, maanshanhuanzhuoliushangmaoyouxiangongsi, MetalJYArt, MNIHR DFG, MOVING FLAME STORE, Music Official, muxingzhoudebeimeidianpu, MUYUSI US, NAM TUNZI, nannuqiu, nguyen minh anh, nice-art-decor, Ninexuxu Wall Arts, NXLArtShop, Pampoostore, PanZhiZhongBaiHu, Peachy Pure Store, PengfuNewSong, PHPPPSAMER STORE, pu tian shi ju qiao tu mao yi you xian gong si, PuppyPets, QiangYuanBai, qiwanglimaohangong, qiyoupenglsmk, Quac Quac, renxingjiadaizahuodian, Rock-Pads, shanxidengbinparenwangluokejiyouxiangongsi, shanxierfengyuruishangmaoyouxiangongsi, shanxisuifeirudashangmaoyouxiangongsi, StARYD, StoreLeHieu, sunmingliangsdt, sunnankunsdt, SuoWanBigLuMingWang, thanh huyen SHOP, thaomy2024, The Mix Fashions, tianyongsudxa, Todays Good Time Store, T-SHIFETIGER, UnterTeeSpecial, VAN DOAN SHOP, VOZSTORE, wanghaoyuduys, wangyanmeikaidubaihuodian, wangzixuansdpp, WENYANBING, WJBAODAN, wujiacshang, WUJINGJING, wuxiaoffjyui, xiachenglvrizayongpin, xianyouxianlichengchijiuchashanghang, xinixndianpu, XPing Store, XQXQSHOPAI, xueyupengsljdl, xungaigonggaoxianhangong, XYXD-106, Yankun Store, yaosiyouxhaya, YcHj, YuFanArt, ZhaiDuo, zhangyongmei0608, zhaobeibeidexiaodian, zhengyihuiF, zhengyixingyysy, zhihui poster, zhouhuazhao, ZiyangShop, zxcvedrg, zyhstore, daye04, fionac, fjxp17, guan02, guoke1233321, heng01, huafei05, kaiyanqia, keng01, lookpack, menyang, qiyuan03, rja2, tianlangstar, vikey13, xianstore01, xiao0002, xue04, you02, fun-art-mart, hey-wall-art, mbrian-4, xingmingart, xuando-49, Billy Thomas, BlossomTee, c6c6c6w8, caomeilan, duxiuanwang, f6f5f, gdgh546gxf8, geguoxiang36420, gulizhi37364, huanghaoran10994, jiangyu988924, jimengting123, lidongsheng01538, liuchang823, LiuSiqi1115, liuyawei, liwenzhi36407, lixiang54698, lvjingliang3058, mayanping5195, niujilong31232, qiaohongxia18593, qinying2588, ruilian foreign trade, s34442ws, SanD9, Sdkkadfa, shadow color, shaowanying159263, tangguo0807, tianyonghuan, W2W1W2, Wangbingna, yanghuachun16505, yuanxifu7890, zhangxiaojian5774, zhangyameng2533 and zhaobingqing9642786 added to case caption.

MOTION by Plaintiff Robert Smith for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

MOTION by Plaintiff Robert Smith for entry of default, MOTION by Plaintiff Robert Smith for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Robert Smith in support of motion for entry of default, motion for default judgment[44]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[45]

Exhibit 1

MOTION by Plaintiff Robert Smithfor 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 [42] is granted. The amended complaint is already on the docket [43]. Defendants Nos. 33 StARYD, 57 xinixndianpu, and 76 zyhstore are terminated.

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment [44] must enter an appearance and file a written objection by 10/19/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

MOTION by Plaintiff Robert Smithfor Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit 2 Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motions for leave to amend Schedule A to the complaint instanter 47, 51 are granted. The amended Schedule A is already on the docket 52. Defendants nice-art-decor, fun-art-mart, hey-wall-art, and Rock-Pads are dismissed with prejudice.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [44]. 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. at 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 10/24/2023. Mailed notice.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 10/24/2023. Mailed notice.

ENTERED JUDGMENT. Signed by the Honorable Martha M. Pacold on 10/25/2023. Mailed notice.

MAILED surety bond previously deposited with the Clerk of the Court [23] to plaintiff's counsel Greer Burns & Crain Ltd. at 300 S. Wacker Dr. Suite 2500, Chicago, Illinois 60606, via certified mail; Article No. 7019 2280 0000 0962.

MAILED surety bond previously deposited with the Clerk of the Court 23 to plaintiff's counsel Greer Burns & Crain Ltd. at 300 S. Wacker Dr. Suite 2500, Chicago, Illinois 60606, via certified mail; Article No. 7019 2280 0000 0962.

RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 5674.

FULL SATISFACTION of Judgment regarding order 55 in the amount of $500,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 55 in the amount of $500,000 as to certain defendants