2023-cv-06644

COMPLAINT filed by Stojo Products Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20993088.

Schedule A (Redacted)

Exhibit 1

Exhibit 2 (Redacted)

(Exhibit 3 (Redacted))

CIVIL Cover Sheet

MOTION by Plaintiff Stojo Products Inc. for leave to file Under Seal

SEALED DOCUMENT by Plaintiff Stojo Products Inc. Schedule A to the Complaint (Unredacted)

Exhibit 2 (Unredacted)

(Exhibit 3 (Unredacted))

MOTION by Plaintiff Stojo Products Inc. for temporary restraining order

MEMORANDUM by Stojo Products Inc. in support of motion for temporary restraining order 5

Exhibit A to TRO Brief

(Exhibit 1 to Ex A - NSL Declaration)

MOTION by Plaintiff Stojo Products Inc. for Alternative Service

Local Rule 3.4 Notice of Patent Claims by Stojo Products Inc.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Stojo Products Inc.

ATTORNEY Appearance for Plaintiff Stojo Products Inc. by Nicholas S. Lee

ATTORNEY Appearance for Plaintiff Stojo Products Inc. by Benjamin Adam Campbell

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. 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 patent report to Patent Trademark Office, Alexandria VA.

ATTORNEY Appearance for Plaintiff Stojo Products Inc. by Sameeul Haque

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.

AMENDED complaint by Stojo Products Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Attached Schedule A

Schedule A (Redacted)

Exhibit 1

Exhibit 2 (Redacted)

(Exhibit 3 (Redacted))

SEALED DOCUMENT by Plaintiff Stojo Products Inc. Schedule A to the Amended Complaint

Exhibit 2

(Exhibit 3)

MINUTE entry before the Honorable Edmond E. Chang: In this design-patent infringement case, the Plaintiff's motion 5 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, disgorgement of profits under 35 U.S.C. § 289, which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of the Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. ***The Court also notes that, for whatever reason, no trademark claim was brought even though the Plaintiff's name appears on the allegedly infringing item (perhaps the Plaintiff does not own a trademark on the name). Also, the ornamental features of the allegedly infringing product are not on all fours with the design patent, so there may be a defense on the merits.*** The Plaintiff's motion 3 for leave to file under seal is granted in light of the asset-restraint goal. By 04/05/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of the Defendant in the text of the order and omitting Amended Schedule A). The Plaintiff's motion 7 for alternative service is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 04/12/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, if appropriate, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/08/2024. The TRO extension motion or the preliminary injunction motion must explain why the Plaintiff was unable to pursue a trademark claim. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/29/2024. Emailed notice

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Attached Schedule A

(SEALED) CORRECTED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/29/2024. Emailed notice

ALIAS Summons Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Attached Schedule A.

SURETY BOND in the amount of $ 10,000.00 posted by Stojo Products Inc. (Document not scanned). (jn,)

MOTION by Plaintiff Stojo Products Inc. to Extend Temporary Restraining Order

MEMORANDUM by Stojo Products Inc. in support of motion for miscellaneous relief[21]

Declaration of Sameeul Haque

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend TRO 21 is granted through 04/26/2024. The tracking status hearing of 04/12/2024 is reset to 04/26/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report on 04/19/2024 and, if appropriate, a preliminary-injunction motion. Emailed notice

SUMMONS Returned Executed by Stojo Products Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Attached Schedule A on 4/19/2024, answer due 5/10/2024.

Declaration of Kathryn Smith

(Exhibit A)

MOTION by Plaintiff Stojo Products Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Stojo Products Inc. in support of motion for preliminary injunction 25

Declaration of Sameeul Haque

(Exhibit 1)

STATUS Report by Stojo Products Inc.

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction 25 is granted. Given the answer deadline of 05/10/2024, R. 24, the tracking status hearing of 04/26/2024 is reset to 05/24/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 05/17/2024. If the Defendants do not respond to the complaint on time, then they will be deemed in default, and the Plaintiff shall file a motion for default judgment in a sum certain on 05/17/2024 instead. Emailed notice

(Status Report Requirements)

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/25/2024. Emailed notice

NOTICE of Voluntary Dismissal by Stojo Products Inc. Under Rule 41(a)(1) Intelligent Deals (Def. #1)

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed with prejudice. Status hearing of 05/24/2024 is vacated. Civil case terminated. Emailed notice

MAILED Patent report with certified copy of minute order dated 04/25/24 to Patent Trademark Office, Alexandria VA.

(Certified Minute Order)