2023-cv-15612

COMPLAINT filed by Chrome Hearts LLC; Filing fee $ 402, receipt number AILNDC-21292070.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Chrome Hearts LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Chrome Hearts LLC for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chrome Hearts LLC

Notice of Claims involving Trademarks by Chrome Hearts LLC

ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Rachel S Miller

ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Trevor Christian Talhami

CASE ASSIGNED to the Honorable Manish S. Shah. 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.

MAILED copyright report to Registrar, Washington DC.

MOTION by Plaintiff Chrome Hearts LLC for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Chrome Hearts LLC in support of motion for temporary restraining order 14

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Mario Lejtman regarding memorandum in support of motion 15

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Chrome Hearts LLC Exhibit 5 - Parts 1 - 10 regarding declaration 17

Exhibit 5-1

Exhibit 5-2

Exhibit 5-3

Exhibit 5-4

Exhibit 5-5

Exhibit 5-6

Exhibit 5-7

Exhibit 5-8

Exhibit 5-9

(Exhibit 5-10)

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

MEMORANDUM by Chrome Hearts LLC in support of motion for miscellaneous relief 19

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 14, motion for miscellaneous relief 19, motion for leave to file 3 before Honorable Manish S. Shah on 11/14/2023 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions [3] [14] [19] are granted, and no appearance on the motions is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. A $50,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 11/13/2023. Notices mailed.

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

SURETY BOND in the amount of $ 50,000 posted by Chrome Hearts LLC (Document not scanned.)

MOTION by Plaintiff Chrome Hearts LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Chrome Hearts LLC in support of extension of time 26

(Declaration of Rachel S. Miller)

NOTICE of Motion by Rachel S Miller for presentment of extension of time 26 before Honorable Manish S. Shah on 11/22/2023 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 26 is granted, and no appearance on the motion is necessary. The TRO is extended to 12/11/23. Notices mailed.

MOTION by Plaintiff Chrome Hearts LLC for preliminary injunction

Exhibit A

MEMORANDUM by Chrome Hearts LLC in support of motion for preliminary injunction[30]

Declaration of Rachel S. Miller

Exhibit 1

NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction[30] before Honorable Manish S. Shah on 12/7/2023 at 09:45 AM.

Exhibit A

SUMMONS Returned Executed by Chrome Hearts LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/4/2023, answer due 12/25/2023.

Declaration of Trevor C. Talhami

Exhibit A

MINUTE entry before the Honorable Manish S. Shah: No appearance on 12/7/23 is necessary. Any objections to the motion for a preliminary injunction must be properly filed by 12/6/23 at 5pm U.S. Central Time. If no objections are filed, the motion will be considered unopposed. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: No objections to the motion for a preliminary injunction were filed by the deadline set by the court. The motion [30] is unopposed and granted. For the same reasons the TRO issued, the court finds that a preliminary injunction is appropriate. Enter Preliminary Injunction Order. 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 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. Notices mailed.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 12/7/2023. Notices mailed.

NEW PARTIES: ACHEZON Jewelry Store, Cheapest Men's Jacket Store, Classic Secret Branch Store, Cooo Coll Store, cyk Store, DUSUN Official Store, Fancy Nail Jewelry Store, Fingertip Art 01 Store, Good practical department store Store, Kelsa Store, SJP Beauty Store, A3IH56JSMH8RSK, anyiti, Banngo, Bavinsten, BeautyChen, BoHao Shop, ccxdda, Changsha Daocaoren Science and Technology Limited, ChengDuMuRanHuiGuanMaoYiYouXianGongSi, DanHandmadeNail, Dornail, dreamynini, fuzhouxunkeerwangluokejiyouxiangongsi, guangshenhuishangmaocv, HaiDao, hanzhuous, huaibeishixiangshanquzhiyoudianzishangwufuwubu, Huang Jin Store, hubeishenganxiaokejiyouxiangongsi, hubeishengwentingshangmaoyouxiangongsi, JEDOO1, jinanshilaiwuqushengyinshangmaoyouxiangongsi, JUNYINGSTORE, jupkem, Kardy Jewelry, Kathyswilk, Kawyehu, keqingshangmao, KHOESTER, kkiioo123, KQXX, Lcaidily, Leikedun, LIANDAWANGLUO, LINGWUERBA, liuhengCIps, liuyacips, Lonely Stone, MAOLUEXIAMEN, MAXIUS, Minfei Beauty, MusBake, Mytagos, Nail Apparel, NGUYEN NGOC DUNG CC, Onkuey, OPine, Pacific Cambie, pangdaidai, PDFME(7-14 Days Delivery), Pet supplies house, Phantasy Hub Direct, Pupepy Co., Ltd, Qiqikawaii, Qiwusangmao, Rronvoo US, ruixinzhebaihuoshangdian, Sedfesy, SHOU-23, SK ONE, Sqnaii, SSkiwii, Sulily, taiyuanshi xiao dian qu yun shui ming zhu chao shi, TANGMIN, TarSen1, Thirty Plus, tiantianfadian, TRENDINAO(10-20 Days Delivery), T-W, Union US, Uranian, VOTACOS, wangmengxuan7456456, wenshengjie, Whale Online US, xiangchengshiyimoshangmaoyouxiangongsi, xiangyangshiliuduiwangluokejiyouxiangongsi, XMXH, XMXYSM, YINMY, YJYueDong, yonglaishangmaoy, YQIQH, YuanWanLiDHFVSD,FGV,DFGEDFG, Yumei Jewelry, ZEEKACH, zhijiangshishaozhuoshangmaoyouxiangongsi, zhongfuqiang, chengwei, juan54651, suppermart, wangpeng20000519, wine7120, xkvk-3928, yangying2002, free shopping and shipping, Guoshang jewelry, HTJN KEAN, Kang hundred shou, ONICO, XIBAO, Yiwu Tongan jewelry, YW super factory, cptfadh U.S, Dewalt Authentic Battery Inc, GUANG ZHOU SHI GAO WANG SHANG MAO YOU XIAN GONG SI, Ryawan, ShenzhenshiLuosennaduokejiYouxiangongsi, YOUlIAN Co.Ltd, chromeheartsclothing.co, survivalsource.x.yupoo.com, dx_superseller, siamese_lin and zhongkaixin666 added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendants

ATTORNEY Appearance for Defendant Whale Online US by Bole Yuan

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendants

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendants

NOTICE of Voluntary Dismissal by Chrome Hearts LLC 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.

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendants

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendant

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendants

MOTION by Plaintiff Chrome Hearts LLC for entry of default, MOTION by Plaintiff Chrome Hearts LLC for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Chrome Hearts LLC in support of motion for entry of default, motion for default judgment 46

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 47

(Exhibit 1)

NOTICE of Motion by Rachel S Miller for presentment of motion for entry of default, motion for default judgment 46 before Honorable Manish S. Shah on 1/25/2024 at 09:45 AM.

(Exhibit A)

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendants

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for entry of default judgment 46 is granted. Enter Default Judgment Order. Terminate civil case. Notices mailed.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 1/25/2024. Notices mailed.

FULL SATISFACTION of Judgment regarding order 52 in the amount of $25,000 as to certain defendant

ATTORNEY Appearance for Defendants BeautyChen, Leikedun by Christopher Paul Keleher

MOTION by Defendants BeautyChen, Leikedun to vacate order[52] Default Judgment

Declaration Store representative

Exhibit Declaration exhibits

NOTICE of Motion by Christopher Paul Keleher for presentment of motion to vacate[55] before Honorable Manish S. Shah on 6/12/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, defendants' motion to vacate default judgment order [55] is denied. Notices Mailed.

TRANSCRIPT OF PROCEEDINGS held on 06/12/2024 before the Honorable Manish S. Shah. Motion Hearing. Order Number: 49040. Court Reporter Contact Information: Colleen_Conway@ilnd.uscourts.gov or 312.435.5594. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/4/2024. Redacted Transcript Deadline set for 7/15/2024. Release of Transcript Restriction set for 9/11/2024.

MOTION by Defendants BeautyChen, Leikedun MODIFY THE ASSET RESTRAINT

Exhibit Declaration of store owner

NOTICE of Motion by Christopher Paul Keleher for presentment of motion for miscellaneous relief[59] before Honorable Manish S. Shah on 7/10/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: The motion to modify the asset restraint 59 is granted as follows and no appearance on the motion is necessary. Plaintiff must take steps to ensure that assets are restrained only up to the amount awarded in statutory damages. The general asset restraint imposed by the TRO and preliminary injunction is no longer in place. In every case like this one, the court expects plaintiff's counsel to alert all third-party providers that the TRO and preliminary injunction are no longer in effect, having been replaced by the terms of the judgment order. Notices Mailed.

FULL SATISFACTION of Judgment regarding order[52] in the amount of $25,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[52] in the amount of $25,000 as to certain defendant