2024-cv-00281

COMPLAINT filed by FCA US LLC; Filing fee $ 405, receipt number AILNDC-21513306.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff FCA US LLC Schedule A regarding complaint[1]

MOTION by Plaintiff FCA US LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FCA US LLC

Notice of Claims Involving Trademarks by FCA US LLC

ATTORNEY Appearance for Plaintiff FCA US LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff FCA US LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff FCA US LLC by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff FCA US LLC 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 Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MOTION by Plaintiff FCA US LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by FCA US LLC in support of motion for temporary restraining order 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Thomas H. Hipelius regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff FCA US LLC Exhibit 2 - Parts 1-6 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

(Exhibit 2-6)

MOTION by Plaintiff FCA US LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by FCA US LLC in support of motion for miscellaneous relief 18

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. 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.)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal [3], for electronic service of process [18], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13] are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/23/2024:

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 posted by FCA US LLC. Document not imaged.

ATTORNEY Appearance for Defendant BYS Technology by Steven G Kalberg

NOTICE of Voluntary Dismissal by FCA US LLC as to a Certain Defendant

MOTION by Plaintiff FCA US LLC for preliminary injunction as to Certain Defendants

(Exhibit A)

MEMORANDUM by FCA US LLC in support of motion for preliminary injunction 26

Declaration of Kahlia R. Halpern

(Exhibit 1)

SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/1/2024, answer due 2/22/2024.

Declaration of Berel Y. Lakovitsky

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's notice of voluntary dismissal [25], which seek to voluntarily dismiss appearing defendant No. 4 BYS Technology. But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. By 2/8/24, plaintiff is directed to file an amended Schedule A identifying the remaining defendants.

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction [26] under advisement and will consider the motion unopposed if no defendant appears and objects by 2/12/24. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering and extending the TRO, the TRO is further extended to and including the date on which the court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective."

MOTION by Plaintiff FCA US LLCfor Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

CERTIFICATE of Service by Plaintiff FCA US LLC regarding set motion and R&R deadlines/hearings, [30]

Exhibit A

Exhibit B

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter [31], which attempts to dismiss defendant No. 4 BYS Technology, is denied as moot. Plaintiff has previously attempted to dismiss BYS Technology by a voluntary dismissal [25], which was construed and granted as a request for leave to amend the pleadings [29]. Pursuant to [29], plaintiff has filed an amended Schedule A on the docket [32]. BYS Technology is dismissed.

MOTION by Plaintiff FCA US LLCfor Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit 2 Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 35 is granted. Defendants CCTEE, Huang2233qingnian, QUARKACE, 2020coming, bestcar10, bestranran, carhome20, hotgus, vipcarshop, x-tuvparts are dismissed. Plaintiff has already filed an amended Schedule A on the docket 36. By 2/15/24, plaintiff should send an updated proposed preliminary injunction order, redline and clean, that reflects this amendment to Proposed_Order_Pacold@ilnd.uscourts.gov.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [26]. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction [26] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 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.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 2/20/2024:

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 2/20/2024: Mailed notice

NEW PARTIES: Guangzhou Geling Leather Co., Ltd., Guangzhou Sankemu Trading Co., Ltd., Shiyan Holly Auto Parts Co., Ltd., chengduyakeweidianzishangwuyouxiangongsi, chenmanyi, dengtongqian, fuanshihuicongbaihuojingyingbu, hbbsky, Hua Yue Boutique, JEEPLPF, KANGGAROOMAMA, MengRongXue1992, Wooha Store, xiaoyungongyipin, xiedanss, XinGuRunDianZi, Yang Zi, yanjinmaoyi, lanlanmaouyi, tiantian07, alienshop99, anshansteelfe-0, auto-brake, auto-glass, autopart-supermarkets, banbo-parts, bearing123, bestshop-us66, camshaft88, cbcbl75, cliffordschoolm0, coas-performanceparts, cylinder-coyle, digitaldelightstore, faraway-parts, fjoutdoorselect, frestmaile, ginkgog, hefei_71, hongkongferpo_0, huy-54, king-star-auto, lihua-genuine, link-us, liriq_87, moshengyun, must-motors, newcar1, p88chenhaiqin, qutyt-motors, ran0929, ruicong-16, sunda-4572, sunnybrother, tyler1990, xm2044, yihao-outa9, yionewu2131, yohooauto, zhuimao, asdfsdfghsd4856f, chengcheng0, Cheungzgywing, cuhshophey, DASHDH, dingsiyuan2463, getzshop, Huangyiwen6956, Huanshengyi, isis online store, Jeaduo Brank salake pentacen, jiawanhao fashion, KanjigoubikL, Ksozxw, kuifulenqi, Lgvgcgcggfgchxvcvc, MAMAD, Mario sheet set, Michelle Peterman, Mozell Johnson, NeiMengGu BaoTou Huiming shopping, nfirooemr, Paul Ortega, pwwmqjmcd, qianfen, qirongmaoyi, qwerfvbn, ritashooting, sunminjie fashion, tumeilei23981, vonluxelpo, Wangseyuan, Wanjiayang, xionghua0240, xuhongcai5kl, yanfang fashion, yushui fashion and ZHAO XIAO LI Agricultural Shop added to case caption. (Text entry; no document attached.)

SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/26/2024, answer due 3/18/2024.

Declaration of Berel Y. Lakovitsky

Exhibit A

MOTION by Plaintiff FCA US LLCfor Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 42 is granted. Plaintiff has already filed an amended Schedule A on the docket 43. Defendants auto-brake, auto-glass, bearing123, camshaft88, cylinder-coyle, ginkgog, huy-54, lihua-genuine, must-motors, qutyt-motors, JEEPLPF and alienshop99 are dismissed.

MOTION by Plaintiff FCA US LLCfor Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 45 is granted. Plaintiff has already filed an amended Schedule A on the docket 46. Defendant No. 3 Shiyan Holly Auto Parts Co., Ltd. is dismissed.

MOTION by Plaintiff FCA US LLCfor Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to amend Schedule A to the complaint instanter 48 is granted. Defendants No. 6 chengduyakeweidianzishangwuyouxiangongsi, No. 11 Hua Yue Boutique, No. 18 xiaoyungongyipin, No. 42 digitaldelightstore, No. 53 link-us, and No. 57 newcar1 are dismissed. Plaintiff has already filed the amended Schedule A on the docket 49. Mailed notice.

MOTION by Plaintiff FCA US LLC for entry of default, MOTION by Plaintiff FCA US LLC for default judgment as to all Defendants with the exception of certain Defendants

Exhibit A

MEMORANDUM by FCA US LLC in support of motion for entry of default, motion for default judgment[51]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[52]

Exhibit 1

MOTION by Plaintiff FCA US LLC to approve consent judgment as to Certain Defendants

Exhibit A

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 51 must enter an appearance and file a written objection by 4/12/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's agreed motion for entry of a consent judgment as to defendant nos. 17, 19, 31, 38, 43, 45, 51, 62, and 70 54 is granted. Defendant No. 17 Wooha Store, No. 19 xiedanss, No. 31 banboparts, No. 38 cbcbl75, No. 43 faraway-parts, No. 45 frestmaile, No. 51 king-star-auto, No. 62 sunda-4572, and No. 70 yohooauto are dismissed without prejudice with leave to reinstate, which will automatically convert to a dismissal with prejudice unless a motion to reinstate is filed within 180 days. By 4/2/24, plaintiff should file an updated Schedule A on the docket consistent with this order. Enter consent judgment.

CONSENT JUDGMENT as to Defendant No. 17 Wooha Store, No. 19 xiedanss, No. 31 banboparts, No. 38 cbcbl75, No. 43 faraway-parts, No. 45 frestmaile, No. 51 king-star-auto, No. 62 sunda-4572, and No. 70 yohooauto Signed by the Honorable Martha M. Pacold on 3/29/2024:

AMENDED exhibit 2 Amended Schedule A

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 51. The motion 51 is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand-dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Greer, Burns & Crain, Ltd., 300 S. Wacker Dr. Suite 2500, Chicago, IL 60606, via certified mail. Enter Default Judgment Order. Signed by the Honorable Martha M. Pacold on 4/19/2024: Mailed notice.

DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 4/19/2024: Mailed notice.

MAILED $10,000 surety bond to Greer, Burns & Crain, Ltd., receipt no. 9589071052700579778079. (Text entry; no document attached.)

MAILED $10,000 surety bond to Greer, Burns & Crain, Ltd. via certified mail, 300 S. Wacker Dr. Suite 2500, Chicago, IL 60606, receipt no. 9589071052700579778079. Modified on 4/22/2024. (Text entry; no document attached.)

MAILED $10,000 surety bond to Greer, Burns & Crain, Ltd., receipt no. 9589071052700579778079. (Text entry; no document attached.)

RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7780 79 (Received via Mailroom 5/14/24)

FULL SATISFACTION of Judgment regarding order on motion for entry of default, entered judgment, terminated case[60] in the amount of $500,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order on motion for entry of default, entered judgment, terminated case[60] in the amount of $500,000 as to certain defendant