2023-cv-14016

COMPLAINT filed by SHENZHEN JISU TECHNOLOGY CO., LTD; JURY DEMAND. Filing fee $ 402, receipt number AILNDC-21130271.

SEALED DOCUMENT by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD Amened Complaint

SEALED MOTION by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD for Ex Parte Temporary Restraining Order

SEALED MOTION by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD for alternative service

MOTION by Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD to seal amended document 2, SEALED MOTION by Plaintiff for Ex Parte Temporary Restraining Order 3, and Sealed Motion by Plaintiff for Alternative Service 4

ATTORNEY Appearance for Plaintiff SHENZHEN JISU TECHNOLOGY CO., LTD by Ge Lei

CIVIL Cover Sheet

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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.)

EMAILED Patent request letter to counsel of record.

BOND in the amount of $10,000 money order, Receipt No. 4624291681, posted by Shenzhen Jisu Technology Co., LTD. (Text entry; no document attached.)

MOTION by Plaintiff Shenzhen Jisu Technology Co., LTD to Extend the Temporary Restraining Order

Supplement Memo TRO Extension

Exhibit Exhibit A. Declaration Ge (Linda) Lei

MOTION by Plaintiff Shenzhen Jisu Technology Co., LTD to substitute party

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO [11] is granted. The TRO is extended until October 23, 2023. Plaintiff's unopposed motion to substitute the newly identified True Joybuy Defendants in place of the originally identified Joybuy Marketplace Platform [12] is granted. The Court requests that Plaintiff file a corrected list of Defendants on the docket by October 6, 2023. Mailed notice.

SEALED DOCUMENT by Plaintiff Shenzhen Jisu Technology Co., LTD Amended Annex

MAILED Patent report to Patent Trademark Office, Alexandria VA

SUMMONS Issued as to Defendant The Entities and Individuals Identified in Annex A (Text entry; no document attached.)

MOTION by Plaintiff Shenzhen Jisu Technology Co., LTD for preliminary injunction

Supplement Memorandum for Preliminary Injunction

Exhibit Exhibit A - USD886982

Exhibit Exhibit B Declaration of JiaHang Xie

Declaration Declaration of Ge (Linda) Lei

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [16] for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by October 20, 2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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. Mailed notice.

SUMMONS Returned Executed by Shenzhen Jisu Technology Co., LTD as to The Entities and Individuals Identified in Annex A on 10/16/2023, answer due 11/6/2023.

CERTIFICATE of Service by Ge Lei on behalf of Shenzhen Jisu Technology Co., LTD regarding order on motion for preliminary injunction, text entry, [18]

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

ATTORNEY Appearance for Defendant FRSARA by Nicholas S. Lee

ATTORNEY Appearance for Defendant FRSARA by Sameeul Haque

MOTION by Defendant FRSARA for extension of time to Object to Plaintiff's Motion for Preliminary Injunction (Agreed Motion).

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant FRSARA's unopposed motion for extension of time to respond to the preliminary injunction [24] is granted. Defendant FRSARA's response is due by November 3, 2023. Mailed notice

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

RESPONSE by Defendant FRSARA to motion for preliminary injunction, [16] and Objection thereto

Exhibit A

Exhibit B

MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's reply to Defendant FRSARA's filing [32] in response to the preliminary injunction [16] is due by November 13, 2023.Mailed notice.

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

MOTION by Plaintiff Shenzhen Jisu Technology Co., LTD for extension of time to file response/reply as to order on motion for preliminary injunction, set motion and R&R deadlines/hearings[33]

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for extension of time to reply [35] is granted, in light of the representation that the parties may be nearing a settlement. To account for the Thanksgiving holiday, Plaintiff's reply is due by November 27, 2023 (which is one business day later than requested). If the parties are able to reach a settlement, Plaintiff should send an updated preliminary injunction order to the Court's proposed order mailbox by November 27, 2023. Mailed notice.

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

ATTORNEY Appearance for Defendant jiayishangmaogongsi by Brian Swift

RESPONSE by jiayishangmaogongsi in Opposition to MOTION by Plaintiff Shenzhen Jisu Technology Co., LTD for preliminary injunction [16]

Declaration of Zhang Mao

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

NOTICE of Voluntary Dismissal by Shenzhen Jisu Technology Co., LTD

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's reply to Defendant jiayishangmaogongsi's opposition [39] to a preliminary injunction is due by November 27, 2023. If the parties are able to reach a settlement, Plaintiff should send an updated preliminary injunction order to the Court's proposed order mailbox by November 27, 2023. Mailed notice.

MOTION by Defendant FRSARA to withdraw as Counsel for Defendant FRSARA (Stipulated)

REPLY by Shenzhen Jisu Technology Co., LTD to response in opposition to motion, [39]

Exhibit Exhibit 1 The image of the previous product

Exhibit Exhibit 2 - Patent in suit

Exhibit Exhibit 3 Declaration of JiaHang Xie-signed

MINUTE entry before the Honorable Lindsay C. Jenkins: Motion by counsel for Defendant FRSARA to withdraw [43] is granted. Attorneys Nicholas S. Lee and Sameeul Haque no longer assigned to this case. In addition, the Court has reviewed defendant jiayishangmaogongsi's opposition to the preliminary injunction motion. The Court disagrees that the '982 patent is vulnerable to being invalidated and thus concludes that Plaintiff has established a likelihood of success on the merits sufficient to warrant a preliminary injunction. It therefore grants the motion for a preliminary injunction [16]. Plaintiff is directed to submit an updated proposed preliminary injunction order to the court's proposed order mailbox by November 29, 2023. Finally, the Court agrees with defendant jiayishangmaogongsi that the prejudgment asset restraint must be limited to the amount recoverable through an equitable accounting of profits, so the parties must promptly arrange to reduce or release the Amazon asset restrain in excess of profits. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction [16] is granted. Plaintiff's filings establish that it 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 [19] 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 objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Getech Law LLC., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

PRELIMINARY INJUNCTION Signed by the Honorable Lindsay C. Jenkins on 11/29/2023. Mailed notice.

NEW PARTIES: Joylifetech, LETSCOL, HelloLife Stroe, goodcool, NaDale, ZKHW Store, ioutdoor, Tiehululu, Cogadget, Yohinsiz direct, Oeicorporation, Geolinca, I.saken, Yzoegzroe boutique, Beinou, Youare tech, Huaxnn, Bazaaroutlet, Mrssido-87, Sapipol_22, Ginaax3, Kegsbazaar, Devdil_0, Avit_nev, Bobbys.goods, Khalji-0, Godlydove, Starrygram-5796, Aqous_mart.lk, Siyatadishmaya26, Asaf_shop6, Olong932, Buffnstuff08, Cintags, Yaniv_4813, Alejcr_55, Edirithu_0, Patricke_92, Jahstoyvault, Norwoodgoods, Chchris-93, Kunghei666, Golden-frog, Hutoko-5, Famouskaracter, K.zamora, Alytha, Bestbuystore1, Silmi_36, Homi_6676, Samfawe-0, Crushblow1231, Boxysquare, Betterforever3, Marvshop, Kaloyadzhurko-0, Durave_68, Trendy2477, Adclar64, Yariv_store, J.be_7623, Wan95dd, Alkhatib100, Swiftselectstore, Dorovaynstie-0, Omnitelwireless, Extra.plus, Naordavid123, Bestmartonline-2, Tamirm75, Quantum-goods, Zyzbo-37, Chandikachandika, Micdr3579, Homlix, Marlakti0, Nirin_0, Eliyahu50, Diyamaya_0, Ericy23, Avi_bend, Vinchek, 2mart2015, 11noamt, Ongun_store, Suli_yoss, Comfortblaze, Realistic-poetry-international, Beastinnewyork, Matontsjack, Parcel_direct, Thenewnorm_24, Anmaha-42, Chn-store, Familystore_2, Ayelet_store, Simons-store, Zenlos1234, Tinycubby123, Yasis8, Veredazulay, Wafatarbia59, Eli_shop20, Ausolv77, Yenoticohen5, Livinextra, Vissif-0, Ziz218, Aurora2022-9, Henanyiman, Aldbar71, Gismadhu_21, Jcshop21, Arabeellc, laev_24_7, Markshopusa, Spawnandcage, Shanikdia-7, Krismatt7552, Josh-15-9, Pahutag_94, Ottostore, Romu1827, Varietyaisle, Sven666, Chrismee35, Xxsleepw-36, Gejolak-49, Hennieworth, Goodlifehu, Dizon.group, Topofpop, Zekra.store, Marketplace_advantage, Anastasia1984-34, Nomanoma, Trade-preference, Corpmine, Jarsi_0, Houseofaces, Proplumbingsupply, Everydayideas, Chgut_6425, Zo-776523, Therabbit122, Strick1-5830, Directimports1899, Americansupplywholesale, Wakusr0, Aleli-719, Ge2036, Elvak-24, Msylle, Abba_store1, Yukoshop4you, Daborvalencia, Statewide_8, Moasus-store, Talofri12, Qualityacx, Cadencewarren, Coco-tree, Zious19, Oneclickstore2012, Nare-391411, Gadi_store, Free112, Ksharward, Itana98, Wicam-4456, Onlincanada, Golala8, laviemporium, Fakhu_92, Ceylon-herb-house, Juragan-tawon, Nuhikm0, Hifa_4897, Dilmi_emart, Gboxbeauty, Jamboclick, Odgrin0, Eshopbestdeals1992, Primealfa, Gmstore_0, Sarazone, Pishposhdesigns, Alfrdav0, Selectsky, Theinevitable, Maycolgold-7, lawnify, Stockstation, Alasmar-97, Mizoseong, Shopgeniusdeals, Inodbakulbebek, Oxostore, Brookroth, Weilise-73, Hunmgb, Desvic24-8 and Halleluer added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

MOTION by Plaintiff Shenzhen Jisu Technology Co., LTD for entry of default, MOTION by Plaintiff Shenzhen Jisu Technology Co., LTD for default judgment as to remaining Defendants

MEMORANDUM in Support of Plaintiff's Motion for Default and Default Judgment

Exhibit

Exhibit

ATTORNEY Appearance for Defendant jiayishangmaogongsi by Adam Edward Urbanczyk

MOTION by Defendant jiayishangmaogongsi for extension of time

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant jiayishangmaogongsi's unopposed motion for extension of time [54] is granted. Defendant jiayishangmaogongsi's responsive pleading is due by January 9, 2023. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: The following entry does not apply to Defendant jiayishangmaogongsi. Before the Court is Plaintiff's motion [51] for entry of default and default judgment against certain Defendants, who have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before December 27, 2023. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.

MOTION by Plaintiff Shenzhen Jisu Technology Co., LTD for reconsideration of Defendant jiayishangmaogongsi's motion for extension of time

MEMORANDUM in Support of Plaintiff's Motion for Reconsideration of Defendant jiayishangmaogongsi's motion for extension of time

CERTIFICATE of Service by Plaintiff Shenzhen Jisu Technology Co., LTD

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for reconsideration [57] is denied. The Court's order granting Defendant jiayishangmaogongsi's motion for extension of time [55] incorrectly stated that the request was unopposed. In granting that motion [54], the Court considered Defendant's representation that "Defendant has been substantively engaged with Plaintiff in parallel settlement discussions," and that the extension was warranted to "exhaust the prospect of settlement before responding to the Complaint." The motion also represented that "On December 18, 2023, Defendant requested whether Plaintiff would oppose Defendant's proposed extension," and that as of December 19, 2023, "Plaintiff has not yet expressed whether it does." While the Court appreciates Plaintiff's argument that granting the request only adds to the already unreasonable period of delay, the Court concludes that additional time is appropriate under the circumstances. Mailed notice

MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendant jiayishangmaogongsi. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [51] is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks and copyrights irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $50,000 is an appropriate award of statutory damages. Enter Partial Final Judgment Order. Mailed notice

PARTIAL FINAL JUDGMENT ORDER signed by the Honorable Lindsay C. Jenkins on 12/28/2023. 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 All Plaintiffs

ORDER regarding release of cash bond Signed by the Honorable Lindsay C. Jenkins on 1/5/2024. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs

FULL SATISFACTION of Judgment in the amount of $50,000.00

FULL SATISFACTION of Judgment in the amount of $50,000.00

FULL SATISFACTION of Judgment in the amount of $50,000.00

FULL SATISFACTION of Judgment in the amount of $50,000.00

MINUTE entry before the Honorable Lindsay C. Jenkins: By February 23, 2024, the Court requests that Plaintiff file a short status report as to the status of any outstanding Defendants. It appears that this case may be terminated based on the voluntary dismissals filed at [64, 66], but for the avoidance of doubt, the Court requests an update from Plaintiff. Mailed notice.

STATUS Report by Shenzhen Jisu Technology Co., LTD

MINUTE entry before the Honorable Lindsay C. Jenkins: Pursuant to the status report filed at [72] all remaining defendants have either defaulted or settled. Civil case terminated. Mailed notice.

FULL SATISFACTION of Judgment in the amount of $50,000.00

MAILED patent report to Patent Trademark Office, Alexandria VA

FULL SATISFACTION of Judgment in the amount of $50,000.00

FULL SATISFACTION of Judgment