2023-cv-13959

COMPLAINT filed by Mercis B.V.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21118797.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Mercis B.V. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Mercis B.V. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Mercis B.V. by Robert Payton Mcmurray

MOTION by Plaintiff Mercis B.V. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Mercis B.V. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercis B.V.

CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. 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.

MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Mercis B.V. 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 Mercis B.V. in support of motion for temporary restraining order, 10

Declaration Padberg Declaration

Exhibit 1

Exhibit 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 1 of Padberg Declaration

SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 2 of Padberg Declaration

SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 3 of Padberg Declaration

SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 4 of Padberg Declaration

SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 5 of Padberg Declaration

SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 6 of Padberg Declaration

SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 7 of Padberg Declaration

Notice of Claims Involving Trademarks by Mercis B.V.

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file under seal 6 is granted. Plaintiff's motion to exceed page limitation 9 is granted. Plaintiff's motion for temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery and service of process 10 is granted. Enter Temporary Restraining Order.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Charles P. Kocoras on 9/26/2023. (Main Document 21 replaced on 9/27/2023).

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

SURETY BOND in the amount of $10,000 posted by Mercis B.V. (Document not scanned.)

MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Charles P. Kocoras:Plaintiff's ex parte motion to extend the Temporary Restrainig Order to and including 10/24/23 25 is granted.

MOTION by Plaintiff Mercis B.V. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction as to Defendant Nos. 1-6, 21-61 and 127-144

MEMORANDUM by Mercis B.V. in support of motion for preliminary injunction 27

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 27

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (mek,)

SUMMONS Returned Executed by Mercis B.V. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/20/2023, answer due 11/10/2023.

MINUTE entry before the Honorable Charles P. Kocoras:Plaintiff's motion for entry of a preliminary injunction as to defendant nos. 1-6, 21-61 and 127-144 27 is granted. Enter Preliminary Injunction Order.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Charles P. Kocoras on 10/25/2023.

ATTORNEY Appearance for Defendant RALDMOV by Jiyuan Zhang

MOTION by Plaintiff Mercis B.V. Plaintiff's Motion to Correct

(Exhibit A)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant RALDMOV

Declaration of Jiyuan Zhang

Exhibit A. Email Correspondence

(Exhibit B. Demanding Letter)

MINUTE entry before the Honorable Charles P. Kocoras: Defendant RALDMOV's motion to dismiss 35 is entered and briefed as follows: Response is due by 12/12/23; reply is due by 1/9/24. Court will rule by mail.

MINUTE entry before the Honorable Charles P. Kocoras:Plaintiff's motion to correct the Preliminary Injunction Order 34 is granted. Enter Amended Preliminary Injuction Order.

AMENDED PRELIMINARY INJUNCTION ORDER Signed by the Honorable Charles P. Kocoras on 11/14/2023.

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 135

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 54,130

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 35, 87, 139

by Mercis B.V. Notice of Settlement

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

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 Charles P. Kocoras: In light of the notice of voluntary dismissal 45 filed on 12/26/23, Defendant RALDMOV's motion to dismiss 35 is denied as moot. Mailed notice

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 50

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff shall file a status report by 1/19/24 informing the Court whether there are any defendants remaining in the case and, if so, proposed next steps. Mailed notice

STATUS Report by Mercis B.V.

ATTORNEY Appearance for Defendant yuda shop by Christopher Paul Keleher

MOTION by Defendant yuda shop for extension of time to file answer regarding complaint 1 UNOPPOSED

MINUTE entry before the Honorable Charles P. Kocoras: Defendant yuda shop's unopposed motion for extension of time 52 is granted. Defendant yuda shop shall answer the complaint or otherwise plead by 2/13/24. Mailed notice.

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 136

MOTION by Plaintiff Mercis B.V. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction as to Defendant Nos. 7-20, 62-86 and 88-126

MEMORANDUM by Mercis B.V. in support of motion for preliminary injunction 55

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 55

SUMMONS Returned Executed by Mercis B.V. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 2/14/2024, answer due 3/6/2024.

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for preliminary injunction as to Defendant Nos. 720, 6286, and 88126 55 is granted. Mailed notice

PRELIMINARY INJUNCTION ORDER signed by the Honorable Charles P. Kocoras on 2/16/2024. Mailed notice

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's counsel is directed to add the names of all defendants listed on Schedule A to the docket within three (3) business days. The Clerk is directed to unseal Schedule A to the Complaint 7, Exhibit 3 to the Declaration of Frank Padberg 12 13 14 15 16 17 18, and the Temporary Restraining Order 21. Mailed notice

NEW PARTIES: AHUIHD Store, Come For Kids Store, Fashioning Leading NO. First, GXD-Dropshipping Store, HTTH Store, JC BAGS Store, Rabbits SASA Store, Shop1102529357 Store, Shop1102668988 Store, Shop1102703149 Store, Shop1102705151 Store, Shop911126126 Store, WITFAMILY Store, Zoeybaby Store, 172 LT cases Store, 220 xixixi Store, 227 FCNB Store, 247 GoodLuck Store Store, 261 Exquisite Phone Case Store, 263 WMZJ Phone Case Store, 297 TOP Quality Store, Ali-pnny Store, Ali-The World of Dresses Store, Anime Interesting Toy Store, Anime peripherals toys Store, Art Home Textile 4 Store, Bubble Life Store, Curiosity Toy Store, Dear Flora Bag Store, December NewCase Store, DIYS126 Store, Enjoy Toy Store, Enjoy Your Glamorous Life Store, GD Life Store, Green Clouds Store, HBS Surprise Store, Heout Travel Bag Store, Higher Quality Lifestyle Store Store, Joyful Store, Lily' house, Little Prince Toy Store, LP Toy Store, LSFQ 1996491026 Store, Luckybaby Toy Store, Minimalistic Macrame Wall Hanging Store94 OS Life hall Store, Partyard Store, Rainbow After The Rain Store, Sanrio One Piece Franchise Store Store, Sanrio-I Store, Shiheng Store, Shop1100329017 Store, Shop1102086363 Store, Shop1102176062 Store, Shop1102531276 Store, Shop1102559500 Store, Shop1102673056 Store, Shop1102718507 Store, Shop1102725177 Store, Shop1102819522 Store, Shop1102826930 Store, Shop1102833266 Store, Shop5397022 Store, Shop910958032 Store, Shop911008060 Store, Shop911119101 Store, Shop911119306 Store, Starry Sky Toy Shop Store, starting point toy Store, Sugar Doughnuts Store, Sweetwarm gift Store, Tidal Clothing Store, TK-1 Store, wangchao craft Official Store, White Thunder Phone Store, Woman Wardrobe Store, Xiaojing Living Museum and Xiaozhi Toy Store Store added to case caption.

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 138

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Mercis B.V.

MOTION by Plaintiff Mercis B.V. 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 Mercis B.V. in support of motion for default judgment, 64

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 64

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Charles P. Kocoras:Plaintiff's motion for default judgment 64 is granted; Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Charles P. Kocoras on 3/11/2024. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

SATISFACTION of Judgment