2023-cv-16390

COMPLAINT filed by Birkenstock US BidCo, Inc. ; Filing fee $ 402, receipt number AILNDC-21378206.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Schedule A regarding complaint 1

MOTION by Plaintiff Birkenstock US BidCo, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Birkenstock US BidCo, Inc.

Notice of Claims Involving Trademarks by Birkenstock US BidCo, Inc.

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Berel Yonathan Lakovitsky

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.)

MOTION by Plaintiff Birkenstock US BidCo, Inc. 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 Birkenstock US BidCo, Inc. 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 Kia Holifield Wimmer regarding memorandum in support of motion 12

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Exhibit 2 - Parts 1 - 6 regarding declaration 14

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

(Exhibit 2-6)

MOTION by Plaintiff Birkenstock US BidCo, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for miscellaneous relief 16

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

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file 3, motion for temporary restraining order, 11, motion for miscellaneous relief 16 before Honorable Manish S. Shah on 12/6/2023 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions 3 11 16 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. The court finds that security in the amount of $75,000 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 12/5/2023. Notices mailed.

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 $75,000 posted by Birkenstock US BidCo, Inc. (Document not scanned)

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to Certain Defendants

MOTION by Plaintiff Birkenstock US BidCo, Inc. for preliminary injunction as to Certain Defendants

(Exhibit A)

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for preliminary injunction 24

Declaration of Kahlia R. Halpern

(Exhibit 1)

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for preliminary injunction 24 before Honorable Manish S. Shah on 12/19/2023 at 09:45 AM.

(Exhibit A)

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/14/2023, answer due 1/4/2024.

Declaration of Berel Y. Lakovitsky

(Exhibit A)

ATTORNEY Appearance for Defendant The Partnerships and Unincorporated Associations Identified on Schedule A by Michael P. Adams Defendant Ao Mao Store

MOTION by Plaintiff Birkenstock US BidCo, Inc. for Entry of an Asset Restraint Order as to Defendant No. 15 Agreed

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 29 before Honorable Manish S. Shah on 12/21/2023 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 24 is granted. 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. The motion for entry of asset restraint order 29 is granted, and no appearance on 12/21/23 is necessary. Mailed notice. Modified on 12/21/2023.

PRELIMINARY INJUNCTION ORDER signed by the Honorable Manish S. Shah on 12/19/2023. Mailed notice.

AGREED ASSET RESTRAINT ORDER AS TO DEFENDANT NO. 15 signed by the Honorable Manish S. Shah on 12/19/2023. Mailed notice.

NEW PARTIES: Comwarm Slippers Official Store, Joy Shopping Store, Litfun Official Store, mtwo Store, Muzeros Store, Shevalues Official Store, Shop1102942093 Store, Shop1103099059 Store, ZK Slippers Store, A1SU5JU5X3LZF2, A3MTVNV234NB9J, ADAMUMU, Aifusheng Service Department Store7719, AmoreParis, Ao Mao online store, BAOBEIJIADAO, BATOOU, beviewlong, biglun, Born long, ChenSsethaoReui, CHICHENGBAIHUO, CreatValue-us, Custom GiftS Shop, cyzcyz, DAMAIST, dianzhuodianzi, Dongbajia flagship store, Dragonphonix, duypin, EDOSIRBS, Emoose Shop, FDUEUG US, FolHaoth, Foshan Hao Just Look Network Sales Co., gangbeiqujianjinshipinlingshoudian, ganzhoushiruiyanmaoyiyouxiangongsi, Gaoshoes-US, GOSANA, guangzhouzeweishangmaoyouxiangongsi, HQBH, Airtrainer, ajboots599, ajoffshoes, anfupifa, angle668, babyskids Store, bapestar Store, basketball_shoes168, bbrshoesstore, besttiktok, bigbagl, brand_sneakers_store, bwmshoes, caicai50888, ccshoes321, chelseas, classic_sport_shop, clubs_sneakers, daiyu22, designerdawei, designerone, DH Vip Mall, dh_casual_shoes, dh_luxury_shoes, dhsportairshop, dhzh003, dipi, dixue, Dongdiang, Facaicai11, factorynkstores, factoryshoes_h, factoryshoes1, fashionshoes111, footmarkshoes99, franchisehouse66, fu166, fullmall, gc_shoes6, glia, goodforyou8, heartbeatfashion, here withyou 88, hjiayan00001, Hlwygood, huangdou12, hutua, independencex, insinshoes, jdsportsn1, jie199166, jordan9188, jumpman45_store, kan_sneakers, kang03, kashop, kingremit01, kongjun, yu0004, adafaa, be66587, besskystar, ccc769, com_sales, dasnew, e.shop2012, evera841, fashionhouse666, first888, freesty, haokunya, huihui6632, hyran258, newdwen, powerac2008, rhonnew, seera848, solloon, xgy890, zhezhe6, KEEP ONE, PMM shoes, XINYA, birkenstored.com, birkenshoped.com, birkenstocksandal.us.com, birkenstockofficials.com and birksandals.com added to case caption. (Text entry; no document attached.)

ATTORNEY Appearance for Defendant ADAMUMU by Christopher Paul Keleher

MOTION by Defendant ADAMUMU for extension of time to file answer regarding complaint 1

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/27/2023, answer due 1/17/2024.

Declaration of Berel Y. Lakovitsky

(Exhibit 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.

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendants

ATTORNEY Appearance for Defendant BATOOU by Ge Lei

ANSWER to Complaint by BATOOU

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendants

MOTION by Defendant BATOOU to Modify Preliminary Injunction Order

Declaration

Exhibit

Exhibit

NOTICE of Motion by Ge Lei for presentment of motion for miscellaneous relief[44] before Honorable Manish S. Shah on 2/6/2024 at 09:45 AM.

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant

MINUTE entry before the Honorable Manish S. Shah: Defendant ADAMUMU's motion for an extension of time (to 1/16/24) to respond to the complaint [35] is granted. The court suspects the motion was moot and assumes plaintiff and ADAMUMU reached a settlement. Notices mailed.

ATTORNEY Appearance for Defendant BATOOU by Michael Boldt

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. The parties to the motion report they have reached a settlement. The motion to modify the preliminary injunction [44] is terminated as moot. Notices mailed.

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant

STIPULATION of Dismissal (Joint)

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendants

MOTION by Plaintiff Birkenstock US BidCo, Inc. for entry of default, MOTION by Plaintiff Birkenstock US BidCo, Inc. for default judgment as to all Defendants with the Exception of a Certain Defendant

Exhibit A

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for entry of default, motion for default judgment, [53]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[54]

Exhibit 1

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for entry of default, motion for default judgment, [53] before Honorable Manish S. Shah on 2/22/2024 at 09:45 AM.

Exhibit A

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Trevor Christian Talhami

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. 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 [53] is granted. Enter Default Judgment Order. Civil case terminated. Notices mailed.

FINAL JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 2/22/2024. Notices mailed.

MAILED trademark report and certified copies of orders dated 2/22/24 to Patent Trademark Office, Alexandria VA.

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Jennifer Van Nacht

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant

NOTICE of withdrawal of Surety Bond 22 by John Summerfield (received at the Intake Counter 4/18/2024).

FULL SATISFACTION of Judgment regarding order 60 in the amount of $50,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[60] as to certain defendants

FULL SATISFACTION of Judgment regarding order[60] as to certain defendant