2024-cv-00619

COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 405, receipt number AILNDC-21560649.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Harley-Davidson Motor Company, Inc.

Notice of Claims involving Trademarks by Harley-Davidson Motor Company, Inc.

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Trevor Christian Talhami

CASE ASSIGNED to the Honorable John Robert Blakey. 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.)

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Harley-Davidson Motor Company, Inc. 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 Adraea M. Brown regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Exhibit 3 - Parts 1-10 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

Exhibit 3-5

Exhibit 3-6

Exhibit 3-7

Exhibit 3-8

Exhibit 3-9

(Exhibit 3-10)

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for miscellaneous relief 18

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

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 18, motion for leave to file 3, motion for temporary restraining order 13 before Honorable John Robert Blakey on 1/31/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal [3] and motion for electronic service of process [18] and strikes the 1/31/24 Notice of Motion date. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order [13]. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 2/13/24. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 1/30/2024. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of extension of time 24

(Declaration of Marcella D. Slay)

NOTICE of Motion by Marcella Deshonda Slay for presentment of extension of time 24 before Honorable John Robert Blakey on 2/7/2024 at 11:00 AM.

SURETY BOND in the amount of $ 10,000 posted by Harley-Davidson Motor Company, Inc. (Document not Imaged)

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 24 to extend the temporary restraining order entered 1/30/24 23 and strikes the 2/7/24 Notice of Motion date. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 2/27/24. Mailed notice

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for preliminary injunction as to Certain Defendants

(Exhibit A)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for preliminary injunction 29

Declaration of Marcella D. Slay

(Exhibit 1)

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction 29 before Honorable John Robert Blakey on 2/21/2024 at 11:00 AM.

(Exhibit A)

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/15/2024, answer due 3/7/2024.

Declaration of Trevor C. Talhami

(Exhibit A)

MINUTE entry before the Honorable John Robert Blakey: Based upon the Court's trial schedule, the Court strikes the 2/21/24 Notice of Motion date and resets the hearing on Plaintiff's preliminary injunction motion 29 to 2/28/24 at 11:00 a.m. in Courtroom 1203. Mailed notice

RE- NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction[29] before Honorable John Robert Blakey on 2/27/2024 at 11:00 AM.

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 35, this case is dismissed without prejudice as to Defendant Famsjoy (No. 106). Absent reinstatement by 11/22/24, this dismissal shall automatically convert to a dismissal with prejudice. The Court also strikes the 2/28/24 motion hearing date and will take up Plaintiff's preliminary injunction motion 29 on 2/27/24. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's motion for preliminary injunction [29]. Plaintiff appeared but no Defendants appeared. Based upon the same findings made in this Court's TRO [23], and in the absence of any appearance or objection from any Defendant, this Court finds that a preliminary injunction as to Defendants 9 through 105 and 107 through 113 is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [29]. Enter Preliminary Injunction Order as to Defendants 9 through 105 and 107 through 113. The Court directs the Clerk 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. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Status hearing set for 4/11/2024 at 11:00 a.m. in Courtroom 1203. Mailed notice

PRELIMINARY INJUNCTION ORDER AS TO DEFENDANTS 9-105 AND 107-113 Signed by the Honorable John Robert Blakey on 2/27/2024. Mailed notice

NEW PARTIES: Dongguan Haoyuanxin Jewelry Co., Ltd., Foshan Mingyang Textile Co., Ltd., Jinan Jiezuo Advertising Co., Ltd., Linhai C & S Arts & Crafts Co., Ltd., Yiwu Meishente Jewelry Co., Ltd., Yiwu Stanmore E-Commerce Firm, Zhengzhou Tonghui Advertising Production Co., Ltd., Zhucheng Licheng Advertising Co., Ltd., A2UHHAODDB91I5, BAIJIAYING, CSFAstore, Deliverywithin7-14days4596, fuyangbizengshangmaoxing, FXGYouDongGS, golden2019, guangzhourandongshangmaoyouxiangongsi, guangzhoushihuyamaoyishanghang, guangzhoushimoenshangmaoyouxiangongsi, haikoushiminyilaifuzhuangyouxiangongsi, harley_elite_gear, HDUS-Store, Huitan Trading Company Limited, HZWDP, JC.Roy's shop, jinyuanme, KeQiuYa, KeWeiWangLuoKeJi, kunmingejieshangmaoyouxiangongsi, maaiping youth, Maroom, MIEGUOBAODANJIE, Mrlihongming, Noaross Custom Flag Factory, pu yang xian qing zu zhen da zhong bian li dian, QiuShun, qiyongdianzi, qujingmizhuershangmaoyouxiangongsi, Shun yao trade, tianzek, Tooyuart, Uijokdef, WUJIAZ, XiaoHongUS, XINYUSHOP, XM.xinghe, Yameijia, YangYueYongHaiXinKeHeng, yiyishangping, ZhouKouLongLongShangMaoYouXianGongSi, ZHUIXIN, zsx001, bikini_store1, ccawdb, clothingstorestyle, da_fashion_store, dhgateapp, dhgatestyle Store, facaiquchristmas, fjxp15, geymf, ggtjhhsx, hzr1314, imeav, jdee, lby888, lqbyc, luckypans, mlyf001, oktyglasses, outdoor_master, perfecttop6, perfecttop8, perfecttop9, sadfk, smithsneaker, tiffany-jeweller, tshirt111, tshirt222, ufo430, bobbi.l_2, charma-1822, chen7787s, chuon_45, dan_9764, felix._5441, hidang-80, isaiah3150, kimber7452, leonel._93, lieba_69, liyh-0, luug08, mable._35, mikyla_craft, nanjingmyxy, ngduon54, nguy1048, nhamdu-0, phnguye75, sqwlsx889, tydho29, vuli_991, xianqiankejigongsi, x-realparts, Eudemons motorcycle franchise, Mibao Handicraft Factory, Mingpeng home decoration, Tianlongitudinal craftsmanship, yichuang shop, motorcyclehd.com, Xiaobin22 and xiaoliangge added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the Notice of Dismissal [39], this case is hereby dismissed without prejudice as to Defendants JC.Roy's shop (No. 24) and Tooyuart (No. 40). Absent reinstatement by 12/5/24, the dismissal of these Defendants shall automatically convert to a dismissal with prejudice. The Court also strikes the 4/11/24 status hearing date and orders Plaintiff to file a status report by this date instead, providing information concerning settlements, any anticipated motions, and any other information counsel wishes to bring to the Court's attention. Mailed notice

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for preliminary injunction as to certain defendants

(Exhibit A)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for preliminary injunction 42

Declaration of Marcella Slay

(Exhibit 1)

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction 42 before Honorable John Robert Blakey on 3/13/2024 at 11:00 AM.

(Exhibit A)

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/7/2024, answer due 3/28/2024.

Declaration of Trevor C. Talhami

(Exhibit A)

MINUTE entry before the Honorable John Robert Blakey: Based upon the Notice of Dismissal [41], this case is hereby dismissed without prejudice as to Defendants Maroom 30; Noaross Custom Flag Factory 33; Shun Yao trade 38; Uijokdef 41; and yiyishangping 48. Absent reinstatement by 12/5/24, the dismissal of these Defendants shall automatically convert to a dismissal with prejudice. Mailed notice

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Andrew Daniel Burnham

MINUTE entry before the Honorable John Robert Blakey:Motion hearing held on 3/13/2024 regarding Plaintiff's motion for preliminary injunction as to Defendant Nos. 1-8 [42]. Plaintiff appeared but no Defendants appeared. Based upon the same findings made in this Court's TRO [23], and in the absence of any appearance or objection from any Defendant, this Court finds that a preliminary injunction as to Defendants 1 through 8 is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [42]. Enter Preliminary Injunction Order as to Defendants 1 through 8. Plaintiff's counsel shall add these Defendants to the Court's docket within three business days, if they have not already done so. The 4/11/24 status report deadline stands. Mailed notice

PRELIMINARY INJUNCTION ORDER AS TO DEFENDANT NOS. 1-8 Signed by the Honorable John Robert Blakey on 3/13/2024. Mailed notice

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of voluntary dismissal 50 and 51, Defendants HZWDP, Tianlongitudinal craftsmanship, CSFAstore, Mrlihongming and WUJIAZ are dismissed without prejudice. Absent reinstatement within 270 days of the entry of this order, these defendants will be dismissed with prejudice without further order of the Court. Mailed notice

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for entry of default, motion for default judgment, 53

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 54

(Exhibit 1)

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for entry of default, motion for default judgment, 53 before Honorable John Robert Blakey on 4/17/2024 at 11:00 AM.

(Exhibit A)

STATUS Report per [40] by Harley-Davidson Motor Company, Inc.

Exhibit A

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 4/17/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for entry of default and default judgment 53 is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 4/17/2024. Mailed notice

FULL SATISFACTION of Judgment regarding order 59 in the amount of $500,000 as to certain defendant

ATTORNEY Appearance for Defendant Linhai C & S Arts & Crafts Co., Ltd. by Huicheng Zhou

MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Linhai C & S Arts & Crafts Co., Ltd.

Supplement Request for Judicial Notice of Foreign Law

Declaration Decl. of TIANYI HU, CHINESE LAWYER

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ATTORNEY Appearance for Defendant BAIJIAYING by Lance Y. Liu

MOTION by Defendant BAIJIAYING to vacate Default Judgment

MINUTE entry before the Honorable John Robert Blakey: Plaintiff shall respond to the motions to vacate filed by Defendants Linhai C&S Arts & Crafts Co., Ltd. 62 and BAIJIAYING 64 by 6/3/24, and these Defendants shall file any reply briefs by 6/10/24. The Court reminds counsel that all motions must be noticed for presentment; the Court will strike any future motions that fail to comply. Mailed notice

RESPONSE by Harley-Davidson Motor Company, Inc.in Opposition to MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Linhai C & S Arts & Crafts Co., Ltd. 62

DECLARATION of Trevor C. Talhami regarding response in opposition to motion 66

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Exhibit 5

(Exhibit 6)

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. to strike the Expert Opinion Testimony of Chinese lawyer Tianyi Hu Proffered by Defendant

NOTICE of Motion by Justin R. Gaudio for presentment of motion to strike 68 before Honorable John Robert Blakey on 6/12/2024 at 11:00 AM.

RESPONSE by Harley-Davidson Motor Company, Inc.in Opposition to MOTION by Defendant BAIJIAYING to vacate Default Judgment 64

DECLARATION of Trevor C. Talhami regarding response in opposition to motion 70

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Exhibit 5

(Exhibit 6)

REPLY by Linhai C & S Arts & Crafts Co., Ltd. to response in opposition to motion[66], MOTION by Plaintiff Harley-Davidson Motor Company, Inc. to strike the Expert Opinion Testimony of Chinese lawyer Tianyi Hu Proffered by Defendant [68]

Exhibit Exhibit A

Declaration Decl. of Li Chen, the owner

Declaration Decl. of Yifei Zou, Esq.

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. to strike reply to response to motion, [72]

NOTICE of Motion by Justin R. Gaudio for presentment of motion to strike[73] before Honorable John Robert Blakey on 6/12/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court takes under advisement the pending motions to vacate and strike 62, 64, 68, and will issue a ruling in due course. The 6/12/24 Notice of Motion date is stricken. Mailed notice (gel,)

MINUTE entry before the Honorable John Robert Blakey: On 4/17/24, this Court entered default and default judgment as to all remaining Defendants, including Linhai C&S Arts & Crafts Co., Ltd. and BAIJIAYING, see [59]. A month or so later, these two Defendants filed motions seeking to vacate the default judgment, see [62] (Linhai C&S Arts & Crafts Co., Ltd.), [64] (BAIJIAYING). Defendant Linhai concedes in its motion that it received Plaintiff's summons and complaint on 2/26/24 and received the TRO on 3/7/24. Linhai does not claim to have any valid defense to the underlying infringement claim but argues that this Court lacks personal jurisdiction over it. Defendant BAIJIAYING argues that it is "similarly situated" to Linhai and acted even more quickly to vacate the default, [64]. But this Court has previously held that personal jurisdiction over these Defendants remains proper based upon their maintenance of interactive websites through which Defendants can and do sell infringing products to residents of Illinois. Neither Defendant denies that it maintains such websites and Defendant BAIJIAYING does not deny that it shipped infringing products to residents of Illinois. As a result, the Court denies Defendant BAIJIAYING's motion to vacate [64]. Defendant Linhai did not deny that it shipped infringing goods to Illinois residents in its motion. It did claim for the first time in its reply brief that it accepted a single order for an infringing item but did not fully process the order; it also claims, again, for the first time in its reply brief, that it has a valid defense to Plaintiff's infringement claim namely, fair use. Because Linhai raises these new facts and arguments for the first time in its reply, the Court declines to consider them and grants Plaintiff's motion to strike [73]. "It is well-settled that new arguments cannot be made for the first time in reply. This goes for new facts too. Raising new facts and arguments on reply deprives the opposing party of a meaningful chance to respond." Colon v. HY Supplies, Inc., No. 22 CV 05915, 2024 WL 2972364, at *2 (N.D. Ill. May 28, 2024) (citing Wright v. United States, 139 F.3d 551, 553 (7th Cir. 1998); Gold v. Wolpert, 876 F.2d 1327, 1331 n.6 (7th Cir. 1989)). See also Sims v. Mulcahy, 902 F.2d 524, 536 (7th Cir. 1990) (declining to consider arguments raised for the first time in a reply brief). The Court thus denies Linhai's motion to vacate [62]. Given the Court's rejection of Linhai's personal jurisdiction argument, the Court denies as moot Plaintiff's motion to strike Hu's opinion testimony [68]. This case remains closed. Mailed notice

FULL SATISFACTION of Judgment regarding order[59] in the amount of $500,000 as to certain defendant

STIPULATION of Dismissal as to a Certain Defendant

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the stipulation of dismissal [78], this case is dismissed with prejudice. Mailed notice

FULL SATISFACTION of Judgment regarding order[59] in the amount of $500,000 as to certain defendant