2024-cv-00274

COMPLAINT filed by Birkenstock US BidCo, Inc. ; Filing fee $ 405, receipt number AILNDC-21512830.

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

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.)

CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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 - 7 regarding declaration 14

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

Exhibit 2-6

(Exhibit 2-7)

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 Virginia M. Kendall on 1/18/2024 at 09:00 AM.

CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Sunil R. Harjani. 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.)

MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 1/18/2024 is reset for 9:30 AM (PLEASE NOTE TIME CHANGE ONLY). Mailed notice

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for leave to file under seal [3] and Motion for electronic service of process [16] are granted. Plaintiff's Sealed Motion for Temporary Restraining Order [11] is granted and shall remain in effect up to and including 2/1/2024. Sealed Order to follow. Status hearing set for 2/1/2024 at 9:00 AM. Mailed notice

SEALED Temporary Restraining Order signed by the Honorable Virginia M. Kendall on 1/18/2024. Mailed notice

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 $ 10,000.00 posted by Birkenstock US BidCo, Inc. (Document not scanned).

MOTION by Plaintiff Birkenstock US BidCo, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Birkenstock US BidCo, Inc. in support of extension of time[24]

Declaration of Kahlia R. Halpern

NOTICE of Motion by Kahlia Roe Halpern for presentment of extension of time[24] before Honorable Virginia M. Kendall on 2/1/2024 at 09:00 AM.

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiffs' Motion for extension of Temporary Restraining Order 24 is granted. Temporary Restraining Order shall remain in effect up to and including 2/15/2024. Status hearing set for 2/15/2024 at 9:00 AM. Motion and Status hearing set for 2/1/2024 are stricken. Mailed notice

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

MOTION by Plaintiff Birkenstock US BidCo, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for preliminary injunction[29]

Declaration of Kahlia R. Halpern

Exhibit 1

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for preliminary injunction[29] before Honorable Virginia M. Kendall on 2/15/2024 at 09:00 AM.

Exhibit A

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/12/2024, answer due 3/4/2024.

Declaration of Berel Y. Lakovitsky

Exhibit A

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 2/15/2024. Plaintiff's Motion for Preliminary Injunction 29 is granted. Order to follow. Status hearing set for 4/3/2024 at 9:00 AM. Mailed notice

PRELIMINARY Injunction Order signed by the Honorable Virginia M. Kendall on 2/15/2024. Mailed notice

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

NEW PARTIES: A1QDLU4HAQMSB6, baiyandianzi, ChaoXingXieYe, gaonengbh, GEMAX SHOES, hongwudianzi, KEDE889, LOVINE--US, lvhuifashionstore, MEASUREMENT, MIKESI-us, oullis, rongrongxiaodian, SOFTYOHO, ssyingluo, Sunporx, Tyboch, YHHUUAA, aceoutside, air_max_shoe, airdunk_store Store, aixinhan, ajaj168, alogo, always_shoes, arisha Store, Armyingstore, asksshoes211 Store, austore, balencaigashoe Store, basketball shoes jumpman Store, basketballchen Store, bean_shoes_shoestor Store, befullblessings12, best_brandshoes, bestdunkseller, bestsport01, bigbosschen, brand_bagshoes, brand_trainer_shoes, brandshoess, brandsstore88, Brandstoress, capablele, cxxstar, designer86988, DH Stores Store, fashionbagfactory, fashionshoes000, fitness_shoes Store, global_fashion123, gogonow, good_shoes_bags, good898, goodshoes_001, googbag778 Store, guan03 Store, handbagstoreone, hxy2023shoes, Jinhengyi1981, jiuj15623d, kingshoes6868, kong07, krdr739sptw, leahs, lethita, louisbags_18 Store, loveyoushoe, luckybag668, lulubooby Store, luxury_v, luxurygoodsbag, luxuryshoes86, luxuryshopping918, maxshoes_bar, mbnvhfgjtuyr_778 Store, mt_shoes, mvp_fashionshoes, myym, Neideng2019, newbalance550 Store, newlyshoes, newtopshoes Store, nian03, niao6189b Store, niceg, nk_shoes1, nk889, Nkshoes_471, offsbdunk, og_shoes_store, okshoes168, oneshoe, outdoorkids Store, pinmiao40, polyrings2, popular sneakersss, popular_sneakers, queenshoe, Race_trainer, Running Shoe Store, sacaishoes Store, shanghaigirl_shoes, shoes_station, shoesfashion01, shoesoes, shoess16888, simi8861a Store, sneakers3990, sneaks, solemate, sport00010, ss5fbv, ssaj168 Store, surprisesshoe Store, taa0, tiktok_online, tiktok_stores, TN PLUS Store, Top Series Store, topqualitybagshoes88, topshoefactory, topshoes03, topsth, toptopgood, trendy_sneakers24, tt_shoes_21, ttcasual Store, usa_vapormax, verysatisfied, vip_discounts, vogue_shoes6, wangwangstore8, wholesale_top6, within_48h_store Store, wow_shoes01, xbo16, xbo3, xbo7, xiangchengmall, Xinxi01, xm55kj, xstock_store, yeezy___, youll, youziss, yu0005 Store, zhao006 Store, jianxxxx, suger566, unique999, zhixianhg, Guoluofei Shoes and XXTE Store added to case caption. (Text entry; no document attached.)

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

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

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

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

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

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[43]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[44]

Exhibit 1

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for entry of default, motion for default judgment[43] before Honorable Virginia M. Kendall on 3/18/2024 at 09:00 AM.

Exhibit A

MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 3/18/2024 is reset for 4/3/2024 at 9:00 AM. 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 defendant

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 4/3/2024. Plaintiff's Motion for entry of default and default judgment as to all defendants remaining as outlined in Motion and Proposed Order [43] is granted. Enter Order of Default as to all remaining Defendants. Final Judgment Order to enter. Mailed notice

FINAL Judgment Order signed by the Honorable Virginia M. Kendall on 4/3/2024. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA

FULL SATISFACTION of Judgment regarding order, terminated case 51 in the amount of $150,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order, terminated case[51] in the amount of $150,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order, terminated case[51] in the amount of $150,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order, terminated case[51] as to certain defendants

FULL SATISFACTION of Judgment regarding order, terminated case[51] as to certain defendant

FULL SATISFACTION of Judgment regarding order, terminated case[51] as to certain defendants