2023-cv-15148

COMPLAINT filed by Dyson Technology Limited; Filing fee $ 402, receipt number AILNDC-21240663.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint[1]

MOTION by Plaintiff Dyson Technology Limited for leave to file Schedule A

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited

Notice of Claims Involving Trademarks by Dyson Technology Limited

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain

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.

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2).

MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order 11

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Giles Samuel Lane regarding memorandum in support of motion 12

Exhibit 1

Exhibit 2

(Exhibit 3)

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 4 - Parts 1-3 regarding declaration 14

Exhibit 4-1

Exhibit 4-2

(Exhibit 4-3)

MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief 16

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions 3, 11, 16 filed by plaintiff Dyson Technology Limited, the supporting memoranda 12, 17, and the temporary restraining order, plaintiff's motions for electronic service of process 16, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 11 are granted. 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. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 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 as to 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 10/31/2023:

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

INJUNCTION BOND in the amount of $ $10,000.00 posted by Dyson Technology Limited. (Document not scanned).

MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order

MEMORANDUM by Dyson Technology Limited in support of extension of time 22

(Declaration of Jake M. Christensen)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO [22] is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO [20] entered on 10/31/2023 is extended until 11/28/2023.

MOTION by Plaintiff Dyson Technology Limitedfor 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 [25] is granted. Defendant No. 4 ECOJIA is terminated with prejudice. Plaintiff has already filed an Amended Schedule A on the docket [26].

MOTION by Plaintiff Dyson Technology Limited for preliminary injunction

(Exhibit A)

MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction 28

Declaration of Jake M. Christensen

(Exhibit 1)

SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/22/2023, answer due 12/13/2023.

Declaration of Andrew D. Burnham

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction [28]. The court has taken the motion for preliminary injunction [28] under advisement and will consider the motion unopposed if no defendant appears and objects by 12/8/2023. Plaintiff shall serve defendants with this notice and file a certificate of service. For the reasons stated in the Court's orders entering and extending the TRO, as well as in plaintiff's memorandum in support of plaintiff's motion for preliminary injunction [29], the TRO is further 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). 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.

CERTIFICATE of Service by Plaintiff Dyson Technology Limited regarding set motion and R&R deadlines/hearings, [31]

Exhibit A

MOTION by Plaintiff Dyson Technology Limitedfor 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 [33] is granted. Defendant No. 9 HUAZHIMU JP is dismissed. Plaintiff has already filed an Amended Schedule A on the docket [34]. Plaintiff should submit a new proposed preliminary injunction order by 12/8/23.

MOTION by Plaintiff Dyson Technology Limitedfor 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 [36] is granted. Defendants No. 27 charleman04 and No. 28 charleman05 are dismissed. Plaintiff has already filed an Amended Schedule A on the docket [37].

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph

MOTION by Plaintiff Dyson Technology Limited for entry of default, MOTION by Plaintiff Dyson Technology Limited for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Dyson Technology Limited in support of motion for entry of default, motion for default judgment[40]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[41]

Exhibit 1

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [28]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [28] 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 Schedule A to the complaint [2] 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. The TRO previously issued by the court [20] and extended [24], [31], is terminated.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/18/2023:

NEW PARTIES: 8767890, AMGI-us, Amigjk.LLC, factoryoutlet2you, FoShanShiNanHaiQuAoHongHongShangMaoDian, France Chaneles, hgfjukkjdsrfaf, jixiaopeng-us, Maby Love Lan US, NISHIZHENDESHUAI1, Sanzhuo-Beautiful Hair, wangyahong, WMJM, XueHuiYiShangMao, gq6b, hairhealthshop, jivt, specialtystore, beautystartradi_0, beihe314, bianpin, candy-xu, cefjjo12j, chaochao65, dobghong4, dongyi45-0, dxians_87, egerton1, excellent-rageman, factoryhome2you, gvor75, homeyyz2023, jiaboer3, jiajii314, jiatcg22, joyroom_store_it, jshuo_17, kfdc19, Neighbor life and Sansan Quantum Technology added to case caption.

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 12/18/2023. Mailed notice

MOTION by Attorney Jake M. Christensen to withdraw as attorney for Dyson Technology Limited. No party information provided

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for default judgment [40]. The court will take the motion under advisement and. will consider it unopposed if defendants do not appear and object by 1/9/2024. Plaintiff shall promptly serve defendants with this notice and file a certificate of service on the docket.

CERTIFICATE of Service by Plaintiff Dyson Technology Limited Regarding [47]

Exhibit A

ORDER: Plaintiff's motion to withdraw the appearance of Jake M. Christensen as counsel of record 46 is granted. Jake M. Christensen terminated. Signed by the Honorable Martha M. Pacold on December 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.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 40. The motion 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 dollars ($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, Illinois 60606, via certified mail. Enter Default Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 1/12/2024. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 1/12/2024. Mailed notice

MAILED Surety surety bond posted in the amount of ten thousand dollar ($10,000) to Greer, Burns & Crain, Ltd., 300 S. Wacker Dr. Suite 2500, Chicago, Illinois 60606, via certified mail #7022 3330 0001 8861 9803.

RETURN of U.S. Post Office Receipt, article no. 7022 3330 0001 8861 9803.