2024-cv-00391

COMPLAINT filed by Pit Viper, LLC; Filing fee $ 405, receipt number AILNDC-21526686.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

EXHIBIT by Plaintiff Pit Viper, LLC Schedule A regarding complaint 1 Modified on 2/20/2024.

MOTION by Plaintiff Pit Viper, LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pit Viper, LLC

Notice of Claims Involving Trademarks by Pit Viper, LLC

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Rachel S Miller

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Trevor Christian Talhami

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. 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

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MOTION by Plaintiff Pit Viper, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Pit Viper, LLC 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 Vance Lommen regarding memorandum in support of motion 15

(Exhibit 1)

EXHIBIT by Plaintiff Pit Viper, LLC Exhibit 2 - Parts 1-6 regarding declaration 17 Modified on 2/20/2024.

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

(Exhibit 2-6)

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

MEMORANDUM by Pit Viper, LLC 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 miscellaneous relief 19, motion for temporary restraining order 14 before Honorable Manish S. Shah on 1/24/2024 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.

TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 1/19/2024. Notices mailed. Modified on 2/20/2024.

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

SURETY BOND in the amount of $ 50,000 posted by Pit Viper, LLC. Document not imaged.

MOTION by Plaintiff Pit Viper, LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Pit Viper, LLC in support of extension of time 26

(Declaration of Rachel S. Miller)

NOTICE of Motion by Rachel S Miller for presentment of extension of time 26 before Honorable Manish S. Shah on 2/1/2024 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 the motion is necessary. The TRO is extended to 2/16/24. Notices mailed.

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant

MOTION by Plaintiff Pit Viper, LLC for preliminary injunction as to certain defendants

(Exhibit A)

MEMORANDUM by Pit Viper, LLC in support of motion for preliminary injunction 31

Declaration of Rachel S. Miller

(Exhibit 1)

NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction 31 before Honorable Manish S. Shah on 2/15/2024 at 09:45 AM.

(Exhibit A)

SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/12/2024, answer due 3/4/2024.

Declaration of Trevor C. Talhami

(Exhibit A)

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 31 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 2/15/2024. Notices mailed.

NEW PARTIES: Linhai Pineapple Glasses Co., Ltd., Taizhou Jiaojiang King Card Eyewear Firm, Taizhou Kayue Glasses Co., Ltd., Yiwu Jinyao Apparel Co., Ltd., Yiwu Qingxiaoyan Trade Co., Ltd., A2GM5HCOCXV76V, ADL WCQ, Deliverywithin7-12days1256, Gleyemor, Happy Vitamin, jinjiangxihongstore, Keilini, laohekoushibilanshangmaoyouxiangongsi, lianping lucky shop, LIHAOJIA, liugongguan, ljdrypd, LONGhuaqi, LUCKLYCBL, panlongquqiweishuangbaihuodian, RuoJinShangMaoYouXianGongSi, Slicen.LLC, xiantangdoubaihuo, Xiyalai US, adyrica, cijic, corteiz88, cui001, designersunglasses3, dhgategreece, discount66, fashion827, glasses_gg, glasses666, gob2, guccibracelet88, happyshoppinggg, hautecouture55, hexiang5, hgd001, hjc001, hjc002, hjc003, hlp002, houjikoo, hzy001, hzy002, iscountstore07, keychanins, lanying02, lanying33, linjie95965, louisvuittonearring, lovelybagss, luluqi121, lvxs1319, mcf88442, mgate1688, miniuggs, novachic, original_factory6, outdoorenthusiasts, pcy001, pcy003, pcy007, pcy009, prada_glasses, qinyy888, queenie02, sansiw, shopping412, shopping558, shoppoing, shoulderhandlvbag, sunglasses1618, taotao01, topstyle1, u887799, wangmingfa2, Wangxf_123, weiping44, wxy991123, xurx33, yong02, yong06, yrjl, zhongguo18888, zhyl06, crz_4754, qiaoen, sfvbnm, leeshengdd, leeshengee, Roza and Media Coaching Institute added to case caption.

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants

SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/21/2024, answer due 4/11/2024.

Declaration of Trevor C. Talhami

(Exhibit A)

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant

MOTION by Plaintiff Pit Viper, LLC for entry of default, MOTION by Plaintiff Pit Viper, LLC for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Pit Viper, LLC 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 Rachel S Miller for presentment of motion for entry of default, motion for default judgment 43 before Honorable Manish S. Shah on 4/18/2024 at 09:45 AM.

(Exhibit A)

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for entry of default judgment 43 is granted. Enter Default Judgment Order. Terminate civil case. Notices Mailed.

FINAL JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 4/18/2024. Notices Mailed.