2024-cv-00161

COMPLAINT filed by Spin Master Ltd., Spin Master, Inc.; Filing fee $ 405, receipt number AILNDC-21494624.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Schedule A regarding complaint 1

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master, Inc.

Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master, Inc.

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Christopher S Hermanson

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Andrew Daniel Burnham

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Young B. Kim. 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.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

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

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. 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 Chris Harrs regarding memorandum in support of motion 15

Exhibit 1

Exhibit 2

(Exhibit 3)

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Exhibit 4 - Parts 1-9 regarding declaration 17

Exhibit 4-1

Exhibit 4-2

Exhibit 4-3

Exhibit 4-4

Exhibit 4-5

Exhibit 4-6

Exhibit 4-7

Exhibit 4-8

(Exhibit 4-9)

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. 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 leave to file 3, motion for temporary restraining order 14, motion for miscellaneous relief 19 before Honorable Manish S. Shah on 1/16/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for a temporary restraining order, asset restraint, and expedited discovery, and motion for electronic service of process 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 1/16/2024. Notices mailed.

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

SURETY BOND in the amount of $ 50,000 posted by Spin Master Ltd., Spin Master, Inc. (Document not imaged)

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of extension of time[26]

Declaration of Justin T. Joseph

NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time[26] before Honorable Manish S. Shah on 1/30/2024 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 1/30/24 is necessary. The TRO is extended to 2/13/24. Notices mailed.

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendant

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain Defendants

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for preliminary injunction[32]

Declaration of Justin T. Joseph

Exhibit 1

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction[32] before Honorable Manish S. Shah on 2/13/2024 at 09:45 AM.

Exhibit A

SUMMONS Returned Executed by Spin Master Ltd., Spin Master, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/8/2024, answer due 2/29/2024.

Declaration of Andrew D. Burnham

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 [32] 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. Notices mailed.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 2/13/2024. Notices mailed.

NEW PARTIES: Baoding Zuoou Leather Goods Manufacuturing Co., Ltd., Dongguan Gouku Technology Development Co., Ltd., Hangzhou Xinde Arts And Crafts Co., Ltd., Huangyan Dadi Plastic Product Factory, Jinhua Newemperor Accessories Co., Ltd., Jinjiang Zugang Shoes Co., Ltd., Ningbo Shinetop International Trade Co., Ltd., Taizhou Beyda Outdoor Co., Ltd., Wuxi Cooltech Heat Exchanger Co., Ltd., XIAMEN BHC IMPORT & EXPORT CO.,LTD, Yiwu Zhenwan E-Commerce Co., Ltd., Childre toy Store, Colorful Dream Scenery Store, Cook7ie Store, Just Living Store, Montessori Educational Toys Store, Shop1102537125 Store, Shop1102809778 Store, Shop1102832318 Store, Shop1102924861 Store, Shop1103139143 Store, Shop1103153465 Store, YaKe Fabric Store, A1LRVOYGF90EIE, A3KD8OSLQB4060, AHOWK61K2IIWQ, anqingletubaihuoyouxiangongsi, BABYKOO, Changsha Shunzhen Trading Co., Ltd., chengduzhijiazhishangmaoyouxiangongsi, chongqingyiyulaiweiyujiejuyouxiangongsi, chuxiangjian, cinative, dasdasddasdasdas, DENGAIXIN, DJLKCJKLXVJKLZJKZ, fdfgfgfgfggdg, FunnyDecor, gfhfghfghgfhf, GHRC, guangzhouduxinkejiyouxiangongsi, hjkhjkhjkj, HuangSuKe, huangyunannvzhuang, jinhaoshangmaodian, JinMaShangMao, JinXing-shops, jiujiangyanghonglianshangmaoyouxiangongsi, KGDVH, kunmingsuisuishangmaoyouxiangongsi, Layweamo, lilijie89, LIPEIHANG, liuwenlongde, liuxuechao123, luxiuweidebeimeidianpu, luzhuqiangdianpu, MAZEL STORE, pantianshunxinxinshuiguodian, Proolfive, redd shop, rizhaojiechuichuan, Starttery, taiyuandifeng, TengMai, TIANRENFEI, wangchengwenjun, WANGPENGSHOP, wangweiweidebeimeidianpu, XiayijingUS, xiliguojimaoyi, xiwangshop, xuanzuzh store, yangqimeng-us, yangquanguangkangshangmaoyouxiangongsi, yangquanyishao, YANGRUIO, yangyuxindianpu, YouHz, zhangxiaoeryanzhi, zhaoshunbao, zhijeichongzhi, zhijiangshiqiuyongshangmaoyouxiangongs, ZiZiQ, dongyangshishengbangdianzishangwushanghang, soxb-15, yebe-38, zhangyi-8888, Blue Sky Paper, Child star rabbit, EalySummerMoonPulseShop, KALE International, Liuao, Office king, The of BIFineny clothing, YAOZHOUYOUXIANGONGSI and DuHouse added to case caption.

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for entry of default, motion for default judgment, [39]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[40]

Exhibit 1

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment, [39] before Honorable Manish S. Shah on 3/7/2024 at 09:45 AM.

Exhibit A

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reason stated in open court, the motion for entry of default judgment 39 is granted. Enter Default Judgment Order. Terminate civil case. Notices mailed.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 3/7/2024. Notices mailed.

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

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

NOTICE of withdrawal of surety bond 25 by John Summerfield. (Received at the Intake Counter on 04/18/24)

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

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