2024-cv-00269

COMPLAINT filed by Nike, Inc.; Filing fee $ 405, receipt number AILNDC-21512338.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Nike, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc.

Notice of Claims Involving Trademarks by Nike, Inc.

ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiff Nike, Inc. by Berel Yonathan Lakovitsky

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category Two).

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 Nike, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Nike, 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 Joe Pallett regarding memorandum in support of motion[12]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 1-7 regarding declaration[14]

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

MEMORANDUM by Nike, 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

MAILED Trademark report to Patent Trademark Office, Alexandria VA

(List of Trademarks ex 1)

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

MAILED Copyrights report to Patent Trademark Office, Alexandria VA

(List of Copyrights)

NOTICE of Correction regarding 21.

MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal [3], plaintiff's motion for temporary restraining order [11], and plaintiff's motion for electronic service of process [16] are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 125 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 2/7/24, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Status hearing set for 2/23/24 at 9:00 a.m. (to track the case only, no appearance is filed). Mailed notice

MOTION by Plaintiff Nike, Inc. to withdraw motion for miscellaneous relief 16, motion for temporary restraining order 11

AMENDED complaint by Nike, Inc. against wangying9009 and the Individuals and Entities Operating wangying9009 and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding amended complaint, 25

MOTION by Plaintiff Nike, Inc. for discovery Expedited

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

MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief 28

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 29

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to withdraw [24] is granted and the previously filed motion for entry of TRO [11] and motion for electronic service of process [16] are terminated as withdrawn. Plaintiff's motion for leave to file under seal [3], plaintiff's motion for expedited discovery [27], and plaintiff's renewed motion for electronic service of process [28] are granted. Enter Order. Status hearing is set for 3/4/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

ORDER: Signed by the Honorable Jeffrey I Cummings on 1/29/2024: Mailed notice.

SUMMONS Issued to the Amy Crout Ziegler at Greer, Burns & Crain, Ltd. as to Defendant wangying9009 and the Individuals and Entities Operating wangying9009 via email.

SUMMONS Issued as to Defendant wangying9009 and the Individuals and Entities Operating wangying9009

SUMMONS Returned Executed by Nike, Inc. as to wangying9009 and the Individuals and Entities Operating wangying9009 on 2/16/2024, answer due 3/8/2024.

Declaration of Berel Y. Lakovitsky

(Exhibit A)

MINUTE entry before the Honorable Jeffrey I Cummings: The 2/23/24 and the 3/4/24 tracking status hearings are stricken and re-set to 4/12/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

MOTION by Plaintiff Nike, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Nike, 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

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 35 for entry of default and default judgment against the remaining defendant. The remaining defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objection to the motion for entry of default judgment must be filed on or before 3/22/24. If no objection is filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon defendant within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice

CERTIFICATE of Service by Plaintiff Nike, Inc. regarding text entry, 38

(Exhibit A)

MINUTE entry before the Honorable Jeffrey I Cummings: The 4/12/24 tracking status hearing is stricken. Mailed notice

MINUTE entry before the Honorable Jeffrey I Cummings: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 35 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's marks irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice

FINAL Judgment Order: Signed by the Honorable Jeffrey I Cummings on 4/18/2024: Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

ENTERED JUDGMENT. Mailed notice.