2023-cv-06259

COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20974262.

Exhibit 1

Exhibit 2 Part 1

(Exhibit 2 Part 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray

MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Those Characters from Cleveland, LLC

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. 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 Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Those Characters from Cleveland, LLC 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 Those Characters from Cleveland, LLC in support of motion for temporary restraining order, 10

Declaration Gorman Declaration

Exhibit 1

Exhibit 2 Part 1

Exhibit 2 Part 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 1 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 2 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 3 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 4 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 5 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 6 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 7 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 8 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 9 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 10 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 11 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 12 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 13 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 14 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 15 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 16 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 17 of Gorman Declaration

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 18 of Gorman Declaration

Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

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 John F. Kness: Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 9, and ex parte motion for a temporary restraining order and other relief 10 are granted in part. Plaintiff's submissions (e.g., Dkt. 11) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 7 and 12 through 29. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks and copyrighted works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 and infringing 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. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. The disabling of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/2/2024.

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 119

MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

SURETY BOND in the amount of $ 10,000 posted by Those Characters from Cleveland, LLC. (Document not Imaged)

MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion to extend the temporary restraining order 37 is granted. Enter separate order. Mailed notice.

ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/12/2024. Mailed notice.

MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction 41

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 41

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (Text entry; no document attached.)

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Those Characters from Cleveland, LLC

SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 1/26/2024, answer due 2/16/2024.

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 134, 156

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 74

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 115

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 65, 100

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 69, 103, 125

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Those Characters from Cleveland, LLC

MOTION by Plaintiff Those Characters from Cleveland, LLC 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 Those Characters from Cleveland, LLC in support of motion for default judgment, 54

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 54

(Exhibit Hierl Exhibit 1)

ATTORNEY Appearance for Defendant kawaiibykay by Michael Thomas Stanley

MOTION by Defendant kawaiibykay for extension of time to file answer regarding complaint 1 Opposed Motion for Extension of Time to Respond to Complaint

Statement as to Briefing Schedule STATEMENT by kawaiibykay

MINUTE entry before the Honorable John F. Kness: The motion 58 of Defendant kawaiibykay (Def. 88) for an extension of time to answer is granted in part over Plaintiff's objection. To be sure, Defendant kawaiibykay does not explicitly address the excusable neglect standard of FRCP 6(b)(1)(B), but excusable neglect can be gleaned from the record for the reasons provided in Defendant kawaiibykay's motion and by the fact that the time to answer just expired on the preceding business day (today being a federal holiday). Put another way, briefing is not necessary to decide the extension motion, and the related interests of both judicial economy and moving this case forward justify resolving the motion now. Defendant kawaiibykay must answer or otherwise respond to the complaint on or before 3/6/2024; no further extensions will be granted. Plaintiff's motion 41 seeking a preliminary injunction will be addressed by separate order. Plaintiff's motion 54 seeking entry of default and default judgment is entered and continued. Mailed notice

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 79

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No.96

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 73

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 41 is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff 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 44 that it provided electronic notice to Defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any and all previously-sealed documents. Mailed notice.

PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 2/23/2024. Mailed notice.

NEW PARTIES: burgerbeststore, card-1988, marprillmann, wisdomt, yinfuhome, ylystore, zoustores, Ali Hassan, Amino entity, Anda Aventura Pro Locksmith, Ann mariAtchison, Ben Arnold, Ben Phillips, BilGeorge, Brendan Gallagher, Brian Fuller, Bruna Tavares, Budi Hartono, Chandan Pandey, Chris Thomson, Christopher Martin, Claudia Martinez, DanieGomes, Darren Hill, DaviDavies, DaviWolf, Don Wilson, Edward Clark, Falkland Islands Genetic Indigo, FloralX, Gavin Shaw, Ian Ross, Ibrahima Diouf, Ilan Cohen and Inigo Sainz armada added to case caption. (Text entry; no document attached.)

NEW PARTIES: Irfan Uddin, Ivan Todorov, Ivy Tran, Jitendra Singh, Joann Clam Wat Tambor, John Kelly, Kevin E Edward, Kush Khanolkar, Nguyen Nam, Nguyen Nam, Ben Phillips, Nick alive, Nikolai Jveladmir, Nitin Gupta, Orange, Phuong Quynh Le, SeongIl Park, Sergey Klyuchnikov, Shiv Kumar, Shiv Kumar, Stokes, Sun, SyeAli, SyeAli, Tamrat, TristanG, Uzbek Plum Besay, Vinay Sharma, ads197888, airbag777, amykhayo, anniehousecoltd, beckoningcat39, bellsbankshop, berryshop_japan, bestselle_88, burntako, byshock, cctb5, charm-japan, cyapacabin23, dngng_52, elegantfulef, emi-tokyo, fan-basketball, fsg-21, fuk9.world_store, ha_36717, hellokittyandmore_reseller, ifsodiko-0, japan-aile, kamsa-5944, kieu-992, lebo1392, liqin8804, lisuhan0215, mat-5692, moi-moi-tam, mykundeals, nakata23hk and omotenashi_store_japan added to case caption. (Text entry; no document attached.)

NEW PARTIES: oreitmire, peace.taihei-japan, peach-japan, phorsura-28, rabbit_japan, samuraiz.go, sora2020, taiga_jp, takuter_0, tokyo-garden, trans-sakura, trnh-57, vn_644, vut067, wabisuke29, yo05-14, yokai_japan, zhaomengshop, zqzlvsrd, 1wushundong4baihuodian5, AmazFaraz Shop, changxintong, chengeubfyed, chengmaichao, chengyukang123, chenwenhaodejingpindian, LigsyUS, Mr.Simply SHOP, qihongbaihuodian, SHARK US XY10ZYH, tian8hao22baihuodian8, weirongzhi789baihuodian21321, YAMINGBAIHUO, Allen key chain house, Beidien Shoe Charms, BIG HI FASHION, Brother fashion, Charm style, Comfy, CUTESHOESCHARM, EIsa, Final Destination, goodtopsale, Goth lori, J XIN, LIKED OUTDOOR and Little Two Shoes Flower Shop added to case caption. (Text entry; no document attached.)

NEW PARTIES: NOMAD, Optimal supply chain, PlusGlow, princess cat, QIDUN beauty life, starting pointl, Summer Phone Case, TaiLinHjj, The Cool Boy, WUHOME, yafanxi, YIMRFS, 3Cr00kedHearts, AARON MARTINEZ, Abhay Singh, Adam Fard, Alexandra Timoshina, Aliaksandra Kazak, Alina Hrytsenko, Aman Verma, Amaranth-Hakka-Warbler, AngiSmith Branan, Aquamarine Aardwolf, Ariadna, ArriazolaTausi, BarB Cue, Barbara Smith, Ben Bauchau, Ben Mccarthy, Bo Chen, Bonner, BraMitchell, Brenda Davis, Brian Bailey, Brian Hurley, Cabeza Patata Studio, Cameron Taylor, CarJohnson, Carolina Fernandes, catherine, CharlottBrown, Charu Singh, ChaZhan, Chris Maket, Chris Wyatt, Classy Missy, Cristina Pagnoncelli, Dan Nguyen, David Adams, DaviFoley, DaviFoley, DaviHardy, DaviMills, DenisLail, Derek Williams, Deva Dakin, Diego Alves, ebony, EinzelstuckMunich, Elizabeth Griffin and Emma Walsh added to case caption. (Text entry; no document attached.)

NEW PARTIES: Entosense, Eric Rice, Ernesto Hernandez, Estevan Silveira, floridadeni, FrienIndeed, Gabriel Souza, Garcia Florence, Gareth Allen, Garima Mishra, Gaurav Oberoi, Gaurav Vashisht, George Nunes, Gisele Santos, Greg Kerr, Gurvinder Kaur, Gustavo Ruiz, Harmoidesign Evanda, Hylton Warburton, Icaro Barboza, Iram Shahzadi, Isabel Fernandes, Ivan Jovic, Ivan Kaye, J Lawn Carinc, janetbeata, Jeannie, Jeea, Khoa Le, Kristin Sears-morrison, Lalosh Flores Tallador Dambar Oaxaca, lanakath, Machedatea, Maddy Beard, Maria Mony, Maria Triquell, Merino, Minani Enias, MumsyDesigns, Nick Sea, Nisha Sharma, pasha timofeev, Peter PaMajoross Dr, Polina Alexeenko, Prashant Kumar, RidhwanPlymire, Rizwan Khan, RolChassagne, selmadonn, Simee, Swati Gupta, Tai, Uzbekistan, Vikas Kumar and Zhen L Zhen added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 97

ATTORNEY Appearance for Defendant NOMAD by Hua Chen

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 90

RESPONSE by NOMADin Opposition to MOTION by Plaintiff Those Characters from Cleveland, LLC for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A 54

Declaration of Aggarwal ISO of Opposition

(Exhibit 1 to Aggarwal Declaration)

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 94

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 92

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 86

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 132

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 101

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 68

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 139

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 107

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 72

NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 104

MINUTE entry before the Honorable John F. Kness: An in-person motion hearing is set for 6/12/2024 at 10:00 A.M. Counsel for Plaintiff and Defendant NOMAD (Hua Chen) are directed to be present in person. Mailed notice.

ATTORNEY Appearance for Defendant NOMAD by Daniel I. Konieczny

STATUS Report STATUS REPORT CONCERNING NOMAD'S WITHDRAWAL OF ITS OPPOSITION TO PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT by NOMAD

MINUTE entry before the Honorable John F. Kness: Defendant NOMAD has filed a status report 85 noting that it has withdrawn its opposition to Plaintiff's motion for entry of default and default judgment. In view of this report, the motion hearing set for 6/12/2024 is stricken. Further case-related direction will be provided by separate order. Mailed notice.

ORDER Plaintiff's motion for default judgment 54 is granted. Civil case terminated. Enter separate Final Judgment Order. Signed by the Honorable John F. Kness on 6/18/2024. Mailed notice.

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 6/18/2024. Mailed notice.

SATISFACTION of Judgment