2023-cv-16398

COMPLAINT filed by Birkenstock US BidCo, Inc. ; Filing fee $ 402, receipt number AILNDC-21379235.

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 Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2).

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.

MOTION by Plaintiff Birkenstock US BidCo, Inc. for temporary restraining order including a Temporary Injunction, 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 miscellaneous relief 16, motion for temporary restraining order 11, motion for leave to file 3 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

SURETY BOND in the amount of $ 75,000 posted by Birkenstock US BidCo, Inc. (Document not imaged)

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[23]

Declaration of Kahlia R. Halpern

Exhibit 1

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for preliminary injunction[23] 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

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction [23] 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. Mailed notice.

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

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/21/2023, answer due 1/11/2024.

Declaration of Berel Y. Lakovitsky

Exhibit A

NEW PARTIES: Quanzhou Gonggeng Trade Co., Ltd., Shangrao Aixi Trading Co., Ltd., Sichuan Bright Sunrise Technology Co., Ltd., Wuyi County Jiankang Protective Products Factory, Yiwu Fenghuolun Logistics Co., Ltd., Yiwu Yunxi E-Commerce Firm, huguangmaoyi, JGUSABOL, JIEYANG YUANDA SHOES CO., LTD, JING YUE SHOP, keleimusi, KEYWAY SHOES, KLUKGE, Landchief, LAVAU, LILE Shop, linqinxia-us [8-15 Days Arrive], lqge, luowenpingshop, Meetinspace, meilanweichang, MIA_ SHOP, Morning stars tai, NATRAKI, N-NOKOUT, NOKOUT, NOKOUTT, NXMJU, Ordims, Perfect Meet, Pernali, Pets use, PlLaUin EEE, PPQ shoes, pumei, QLEYO-US, Quanzhouxiangchenjinyuemaoyiyouxiangongsi, QWCWW, RACHAPE, Real Fancy, Sanchunhuimaoyi, Sankei FG, SATUST, SATUSTASAS, Shoe'N Tale, Slocyclub, softome, solocote, Tiger007, TUOFENG SHOES, TYYLIK, UAAQV Store, Unimaglif, USAIWINK, US-MJJUHB, VGP Global, Wander The World, wumingdadaos, YinTaoHan, yuyanlindyba, ZHAOXLI, love350, luxury_men, luxuryforu, luxurylogo, maternitykids, maxsportstore, mens_shoes_2021, mvp_sneakers8, n7e7, Newshoes2023, newwhite, ninikey, ogtrainers, outletstore02, pinmiao01, platforms, recordgoodtimes, rtsneakers, sashan18, sheng1991, shoe88888, Shoes_001528, shoes18888, shoestopsneakers, singleshoulderbag, skytradeshop, sneaker_official, sneaker0524, sneakerjerseyfactory, sneakers_cheung, sneakers_lucky2022, sneakers24, sneakers95, sneakershow, sneakersspecialist, soogoods, sports_2028, sportsjordan60, sportsshoes988, sunrunningshoes1, super8shoes, superpowerstore5566, supershoespro, thetotebag, tiktok_sneakers, tnshoes888, top_fashion_shoe, top_quality_shop, top_shoes_sz, topaj4004, Topshoes2025, topshoesneaker, ttrendshoes, tuo05, vipjoggingshoes, wanglewangwang, wholesale24shoes, xdshoes, xiaohan11, yezy168, ylyh666, Kukuzhu, SukeTon, YAZI Fashion Center and YOUCHU added to case caption.

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

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 defendants

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

Exhibit A

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for entry of default, motion for default judgment[35]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[36]

Exhibit 1

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for entry of default, motion for default judgment[35] before Honorable Manish S. Shah on 2/6/2024 at 09:45 AM.

Exhibit A

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

ATTORNEY Appearance for Defendant KEYWAY SHOES by Adam Edward Urbanczyk

MOTION by Defendant KEYWAY SHOES for extension of time

NOTICE of Motion by Adam Edward Urbanczyk for presentment of extension of time[41] before Honorable Manish S. Shah on 2/6/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for extension of time to respond to the complaint [41] is granted. Keyway Shoes has until 2/29/24 to respond to complaint. The motion for entry of default judgment [35] is granted. Enter Default Judgment (excepting Keyway Shoes). Plaintiff shall file a status report as to the remaining parties by 3/1/24. Notices mailed.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 2/6/2024. Notices mailed.

FULL SATISFACTION of Judgment regarding order[44] in the amount of $50,000 as to certain defendants

STATUS Report per [43] by Birkenstock US BidCo, Inc.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff shall file a status report or notice of final dismissal by 3/18/24. Notices mailed.

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

STATUS Report per [47] by Birkenstock US BidCo, Inc.

MINUTE entry before the Honorable Manish S. Shah: All of plaintiff's claims having been resolved, this case is dismissed. Civil case terminated. Notices mailed.

FULL SATISFACTION of Judgment regarding order 44 in the amount of $50,000 as to certain defendant

NOTICE of withdrawal of Surety Bond 22 by John Summerfield. (Received at the Intake Counter on 4/18/24.)

FULL SATISFACTION of Judgment regarding order[44] in the amount of $50,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[44] as to certain defendants

FULL SATISFACTION of Judgment regarding order[44] as to certain defendants

FULL SATISFACTION of Judgment regarding order[44] as to certain defendants

FULL SATISFACTION of Judgment regarding order[44] as to certain defendant