2023-cv-15081

COMPLAINT filed by FCA US LLC; Filing fee $ 402, receipt number AILNDC-21232994.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff FCA US LLC Schedule A regarding complaint[1]

MOTION by Plaintiff FCA US LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FCA US LLC

Notice of Claims Involving Trademarks by FCA US LLC

ATTORNEY Appearance for Plaintiff FCA US LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff FCA US LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff FCA US LLC by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff FCA US LLC by Berel Yonathan Lakovitsky

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (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.)

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MOTION by Plaintiff FCA US LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by FCA US LLC 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 Thomas H. Hipelius regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff FCA US LLC Exhibit 2 - Parts 1-10 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

Exhibit 2-6

Exhibit 2-7

Exhibit 2-8

Exhibit 2-9

(Exhibit 2-10)

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

MEMORANDUM by FCA US LLC 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: Plaintiff FCA US LLC's motion for leave to file under seal 3 is granted. Plaintiff's motions for electronic service of process 18 and a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, 13 are granted for the reasons set forth in plaintiff's supporting memoranda 14, 19, declarations 15, 16, 20, and exhibits 17. 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. Plaintiff's proffered evidence of defendants' active infringement and sales into Illinois shows a substantial likelihood of success on the merits; the harm to plaintiff is irreparable; and the injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it would effectively communicate 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 against 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 11/9/2023:

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

SURETY BOND in the amount of $ 10,000 posted by FCA US LLC (Document not scanned.)

MOTION by Plaintiff FCA US LLC for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

MOTION by Plaintiff FCA US LLC for preliminary injunction

Exhibit A

MEMORANDUM by FCA US LLC in support of motion for preliminary injunction[26]

Declaration of Kahlia R. Halpern

Exhibit 1

SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/20/2023, answer due 12/11/2023.

Declaration of Berel Y. Lakovitsky

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. 22 sssshope is terminated. Plaintiff has already filed an amended Schedule A on the docket [25].

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 11/29/2023. Plaintiff shall serve defendants with this notice. 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).

CERTIFICATE of Service by Plaintiff FCA US LLC regarding set motion and R&R deadlines/hearings, 30

Exhibit A

(Exhibit B)

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 11/30/2023: (Main Document 33 replaced on 11/30/2023).

MOTION by Plaintiff FCA US LLC for Leave to Amend Schedule A to the Complaint instanter

AMENDED exhibit[2] Amended Schedule A

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 11/30/2023: Mailed notice

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 34 is granted. Defendants knowledge sign decor store, LederleiterUSA, TTA Sign Store, attemperator11, bestworld888, carengine-37, Carguardus, Carpartsauto, Cycad, d51msport, feikui-motors, Fireballuk, funforu_e, juneberry_uk, lihuake-6019, ludaxiaa, magicstore18, motors-coyle, parttingtrade, Powerautos, powercartool-2023, shjo734, Undergarage, Usvisors, vehicleworld888, wanyibei, xinghang, and yf-fullhouse are dismissed. Plaintiff has already filed an amended Schedule A on the docket 35.

NEW PARTIES: Ceiling Tower, Consunsine, EMIAOTO, guangzhousongtaishangmaoyouxiangongsi, HANNAshangmao, hsgbgaojiaxx, JinYunfinds, JLLidcy, kaichaojingpin, KALLC, Kexin Industry, KK sign, Liberty Auto Parts, machengchengnannvzhuang, miaomiaocao, putianshiaoshenglushangmaoyouxiangongsi, PuTianShiXiuYuQuDongQiaoTianCiHaiDaiYangZhiChang, rich and colorful, shiliwenshangmaoyou, ting mall, Westeran, wow auto, wuwa, xiaixajingpin, XiangLiBingXIAOdian, XIAOMINGMING STORE, xiejianxibianlidian, xuan-autoparts1688, XueLiang Zhu, YAFENJIE, yanyuzhendedianpu, Yeepin, youqii4, zeyubaodan, zhangyuhhiou, zhongshanxianbushanmaoyi, Zuo Neon Signs, aimotive, andrew23282, auto.car-1o6kt, auto-interior-trim, autopart933, autopartsdirect2012, bgmpartsauto, bill8851, carpartsbox6, chens52, conavaparts, corettaa, demaparts, fitting_marketplace, flashemotor, fubao2023, galaxilver, gandatradin0, hellosara282, huangdongjie, huihuang878, huyujie, kxgyl2021, lhvr34198, liuqiaoqiao02, original_marketplace, orlid-auto, pacotb, robert_5357, seemotorautoes, shaguoqing81912, shengtu1220, shengtu1225, shtdlsp, sky_auto2018, sxk615964538, tm-spower2, topautopars, victocar, xlwa-96, zhiqeterer, Geartronicspart, Gearzaar, afksdhfkasdf7893fds, Batallarey, beatgift, Carlton Riles, Chenhao8487, Chenjiang4609, Chien Tachete, cnowd788sd, Connie Shaffer, DANYELL CHILDS, diversion, EFSVC, feifeixiang, Global online shopping, haandita, hfeilsu6g, iaydgw, jiashengweioop, joystor, Leconiso, LinkGo Global, liuhui51621, Liyour, MMMBIGSTORE, orytduyertwaer, Panda360, pengdengjia22775, pengwenwen32927, Pundjsiaages, Quitazucas, Robert Daubert, S Life S, safdsfgw store, ShaoBing-Store, Sheyenne Perla, sko4h89t, Snow red business, sunrihua, syjaskjdhhasn, tmxkausgdab, Triatlon, wangyongxu77384, WEJRM, wenhuaren, wfpSimple, wwff2, xiaoshiweiweida, Xiaoyu Fashion Shop, Xyjuntops and zushiriku added to case caption. (Text entry; no document attached.)

MOTION by Plaintiff FCA US LLC for 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 [38] is granted. Plaintiff has already filed an amended Schedule A on the docket [39]. Defendants autopartsdirect2012, bill8851, carpartsbox6, kxgyl2021, robert_5357, andrew23282 and autopart933 are dismissed.

MOTION by Plaintiff FCA US LLC for 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 [41] is granted. Plaintiff has already filed an amended Schedule A on the docket [42]. Defendants EMIAOTO, wuwa, Xiejianxibianlidian, fitting_marketplace, Galaxilver, huihuang878, lhvr34198, original_marketplace, Topautopars, Zhiqeterer, Geartronicspart, and Gearzaar are dismissed.

MOTION by Plaintiff FCA US LLC for 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 [44] is granted. Plaintiff has already filed an amended Schedule A on the docket [45]. Defendants Yeepin, auto-interior-trim, chens52, hellosara282, victocar, KK sign and Liberty Auto Parts are dismissed.

MOTION by Plaintiff FCA US LLC for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

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.

MOTION by Plaintiff FCA US LLC for entry of default as to Certain Defendants, MOTION by Plaintiff FCA US LLC for default judgment as to Certain Defendants

Exhibit A

MEMORANDUM by FCA US LLC in support of motion for entry of default, motion for default judgment[50]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[51]

Exhibit 1

MOTION by Plaintiff FCA US LLC to approve consent judgment as to Certain Defendants

Exhibit A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter [47] is granted. Plaintiff has already filed an amended Schedule A on the docket [48]. Defendant seemotorautoes dismissed.

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment [50] must enter an appearance and file a written objection by 1/18/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for approval of consent judgment [53] is granted. Defendants corettaa, demaparts, and orlid-auto are dismissed without prejudice with leave to reinstate via motion filed by 7/1/24. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Enter consent judgment.

CONSENT JUDGMENT as to defendants No. 58 corettaa, No. 61 demaparts, and No. 83 orlid-auto Signed by the Honorable Martha M. Pacold on 1/3/2024:

CERTIFICATE of Service by Plaintiff FCA US LLC regarding set motion and R&R deadlines/hearings, [55]

Exhibit A

Exhibit B

MOTION by Plaintiff FCA US LLC for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit 2 Amended Schedule A

MOTION by Plaintiff FCA US LLCfor 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 motions for leave to amend Schedule A to the complaint instanter 59, 61 are granted. Defendants shaguoqing81912, conavaparts, pacotb, and wow auto are dismissed. Plaintiff has already filed the amended Schedule A 60, 62 on the docket.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 50. The motion 50 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-dollar ($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., 300 S. Wacker Dr. Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 1/23/2024: Mailed notice

DEFAULT JUDGMENT ORDER

MAILED original $500,000 surety bond posted by FCA US LLC to Greer, Burns & Crain, Ltd. via certified mail # 7019 2280 0000 0962 9429. (Text entry; no document attached.)

FULL SATISFACTION of Judgment in the amount of $500,000 of Order 65 as to certain defendant

RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 9429.