2024-cv-01146

2024-cv-01146 Collegiate Licensing Company, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :2/9/2024
Court :Northen District of Illinois
Law FirmGBC

#

Date

Document

1

Feb. 9, 2024

COMPLAINT filed by Collegiate Licensing Company, LLC; Filing fee $ 405, receipt number AILNDC-21624970.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

2

Feb. 9, 2024

SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Schedule A regarding complaint[1]

3

Feb. 9, 2024

MOTION by Plaintiff Collegiate Licensing Company, LLC for leave to file under seal

4

Feb. 9, 2024

CIVIL Cover Sheet

5

Feb. 9, 2024

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collegiate Licensing Company, LLC

6

Feb. 9, 2024

Notice of Claims Involving Trademarks by Collegiate Licensing Company, LLC

7

Feb. 9, 2024

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Justin R. Gaudio

8

Feb. 9, 2024

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Amy Crout Ziegler

9

Feb. 9, 2024

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Allyson M. Martin

10

Feb. 9, 2024

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Rachel S Miller

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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.)

11

Feb. 12, 2024

MAILED trademark report to Patent Trademark Office, Alexandria VA

12

Feb. 12, 2024

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

13

Feb. 13, 2024

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff certifies in its notice 5 of affiliates that it "is fully owned by Learfield Communications, LLC, which is owned by Learfield Sub, LLC." Plaintiff is instructed to amend its notice of affiliates and clarify whether Learfield Sub, LLC, has any affiliates meeting the definition found in Local Rule 3.2(a). The court cannot take further substantive action in this case until all notices of affiliates required by Local Rule 3.2 have been filed. Mailed notice

14

Feb. 16, 2024

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collegiate Licensing Company, LLC Amended

15

Feb. 16, 2024

AMENDED complaint by Collegiate Licensing Company, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

16

Feb. 16, 2024

SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Amended Schedule A regarding amended complaint, [15]

17

Feb. 16, 2024

MOTION by Plaintiff Collegiate Licensing Company, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery

18

Feb. 16, 2024

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for temporary restraining order[17]

19

Feb. 16, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

20

Feb. 16, 2024

DECLARATION of Sterling Hawkins regarding memorandum in support of motion[18]

Exhibit 1

21

Feb. 16, 2024

DECLARATION of Lindsay Conn regarding memorandum in support of motion[18]

22

Feb. 16, 2024

SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Exhibit 1 - Parts 1-9 regarding declaration[21]

23

Feb. 16, 2024

CERTIFICATE of Service by Allyson M. Martin on behalf of All Plaintiffs regarding MOTION by Plaintiff Collegiate Licensing Company, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery [17]

24

Feb. 22, 2024

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion [17] for temporary restraining order. Plaintiff's motion is ex parte as to the defendants, but plaintiff has given notice of the motion [23] to the non-party providers of services to the defendants named in the proposed temporary restraining order (collectively "third-party providers"). The third-party providers have until noon on Tuesday, February 27, 2024, to object to plaintiff's request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendants named in schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). The third-party providers may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending a message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before noon on Tuesday, February 27, 2024. Plaintiff is ordered to serve the third-party providers with a copy of this order on or before February 22, 2024. Plaintiff must file a certificate of service on or before February 23, 2024. Mailed notice

25

Feb. 23, 2024

CERTIFICATE of Service by Rachel S Miller on behalf of All Plaintiffs regarding text entry, 24

26

March 14, 2024

MINUTE entry before the Honorable Joan B. Gottschall: The deadline 24 to object to, or request a hearing on, plaintiff's motion for temporary restraining order has come and gone, and nothing has been received. Upon consideration of plaintiff's certificate of service 25, plaintiff's motion 3 for leave to file certain documents under seal and motion 17 for entry of a sealed temporary restraining order are granted. Enter sealed temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for 3/27/2024 at 10:30 a.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 1 to the declaration of Lindsay Conn, as well as to any e-mail addresses provided for defendants by third parties. Any notice must include a link to said website. Mailed notice

27

March 14, 2024

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 3/14/2024. Mailed notice

28

March 18, 2024

SURETY BOND in the amount of $ 10,000 posted by Collegiate Licensing Company, LLC (Document not scanned.)

29

March 22, 2024

MOTION by Plaintiff Collegiate Licensing Company, LLC for preliminary injunction as to Certain Defendants

(Exhibit A)

30

March 22, 2024

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for preliminary injunction 29

Declaration of Allyson M. Martin

(Exhibit 1)

31

March 22, 2024

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

(Exhibit A)

32

March 22, 2024

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for miscellaneous relief 31

33

March 22, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 32

Exhibit 1

(Exhibit 2)

34

March 26, 2024

MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline [26] of 3/25/2024 at 10:30 a.m., the preliminary injunction hearing set for 3/27/2024 at 10:30 a.m. is stricken. Plaintiff's motion for preliminary injunction [29] as to defendant nos. 14-121 and motion [31] for electronic service of process are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal schedule A [2] to the complaint, schedule A [16] to the amended complaint, exhibit 1 [22] to the declaration of Lindsay Conn, and the temporary restraining order [27]. The law firm of Greer, Burns & Crain Ltd. is hereby ordered to add ALL defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. The next status report is due on or before 4/24/24. Mailed notice

35

March 26, 2024

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 3/26/2024. Mailed notice

NEW PARTIES: Yiwu Zoe Jewelry Co., Limited, Beloved Ring Store, Decoration 1 Shop Store, Doormat2_hevey Store, Neon Light Store, NeonMys Store, Shine Your Life Store, Shop1102677941 Store, Shop1103037767 Store, Shop1103118022 Store, Shop1103174007 Store, Shop1103185843 Store, Shop911126234 Store, 2049-US, Ailis Alice, AOPMLR, BALLE CUTTERX, chengdutaowuzimaoyiyouxiangongsi, Chenwozi, chigengbaihuo, Demel CLL, FUTA-FUTA, GIANTO WOLBFS, Guangzhouyinhong, HQG NeonSign, JIARODEY, jinankaiziruifuzhuangbaihuoyouxiangongsi, Jinxiuhe, Josha MadiSon, junhuass, junweibaihuodian123, Kinvara, kuayudidi, LUOYANGYIJIAREN, neonbar, nongqingchunfd, Ppdsfuhsd, putianshilichengquzhenhaijiedaozhengsumeifuzhuangd, Qfzhi, Sun-usa, tengyishangmao12, VGSVBSXPDJEHG, wanliangdexiaodianpu, xuanzizichongwuyong, Yagushine, yilongshangmaoyouxianggongsi, Zacharylai, Zangulopol, aabc147, Acolorful Sports, ae0c Store, ai825, ai838, balee, cdjz, chinafashion8, classicvintagejersey, dpaf, dwyp, eytte, fans_jersey_mall, fed26, four_sports_jerseys, garrickica Store, good_jersey_store, goods1120, gooled, gyahu, haonanmy, hgfj875, ivumj, kabz, kongquezuo, lin666_soportstore, luckyhxshop, no1stitchedjersey, pursuit_t, scoaz, sophine15, topamericansellers, ucuoh, uxtz, walterruby, wholesale2012, y28j, yanqin10, Cartoon Accessories, Clarity, DAWINRK SHOP, DAYINFANG, DROSESINLOVE, Fashionable frontend hat, FITSTYLE, Free Loop, Fun Games, GYing, HACCEFE, HAN FANG, Haomai women clothing, HUIHUANG LIN, Interesting design, Ouying jewelry, Sagittarius boy, Tidew Jewelry, un following, wooden reptiles sign, YANGYIYANG, Yueqifushi, anewdaystore.com, oscowboysstore.com, collegespartans.com, kikoimall.com, 365inlovestore.com, pinmartshirt.com, t-shirtat.com, tee4team.com, rugbyfootballshirt.com, breakshirts.com, lsufootballuniforms.com, gonzagabulldogs.store and nextlevela.com added to case caption. Terminating Collegiate Licensing Company, LLC (Text entry; no document attached.)

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

36

March 27, 2024

SUMMONS Returned Executed by Collegiate Licensing Company, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/27/2024, answer due 4/17/2024.

Declaration of Rachel S. Miller

(Exhibit A)

37

April 2, 2024

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0008: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Sunil R. Harjani; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Sunil R. Harjani; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Sunil R. Harjani's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's criminal case assignment system ninety (90) days so that Judge Harjani shall thereafter receive a full share of such cases. Case reassigned to the Honorable Sunil R. Harjani for all further proceedings. Honorable Joan B. Gottschall no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 4/02/2024.

38

April 9, 2024

MINUTE entry before the Honorable Sunil R. Harjani: This case has been reassigned to the calendar of Judge Sunil R. Harjani. Defendants' deadline to answer of 4/17/2024 stands [36]. Deadline for any motions for default is 4/30/24. Plaintiff is also urged to engage in settlement discussions and file notices of voluntary dismissal to the extent possible by 5/24/24. A tracking status to review is set for May 29, 2024, at 9:15 a.m. by telephone, no appearance required, with a status report providing an update on the status of the case due by 5/24/2024. Mailed notice

39

April 11, 2024

SUMMONS Returned Executed by Collegiate Licensing Company, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/10/2024, answer due 5/1/2024.

Declaration of Rachel S. Miller

(Exhibit A)

40

April 24, 2024

MOTION by Plaintiff Collegiate Licensing Company, LLC to Extend the Deadline Set in [38] to File Its Motion for Entry of Default and Default Judgment and Status Report

Exhibit A

41

April 24, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion to Extend the Deadline to File its Motion for Entry of Default and Default Judgment [40] is granted. The deadline to file any motion for default and default judgment is extended to 5/14/2024. Mailed notice

42

April 26, 2024

ATTORNEY Appearance for Defendant neonbar by Christopher Paul Keleher

43

April 26, 2024

MOTION by Defendant neonbar for extension of time to file answer regarding complaint 1

44

April 29, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is Defendant neonbar's Motion for Extension to Time to Answer or Otherwise Plead [43]. The motion does not state whether Plaintiff opposes the requested relief, as required by the Court's Standing Order Re Civil Motion Practice (available on the Court's web page). Accordingly, the motion [43] is denied without prejudice to refiling with the required statement indicating whether there is an objection to the motion. If the motion is opposed, Defendant neonbar must include a statement from Plaintiff indicating the specific grounds for the objection. Mailed notice

45

April 30, 2024

MOTION by Defendant neonbar for extension of time to file answer regarding complaint[1] AGREED

46

May 1, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Defendant neonbar's agreed motion for extension of time to answer or otherwise plead [45] is granted. Defendant neonbar shall respond to the Complaint by 5/22/2024. Mailed notice

47

May 1, 2024

ATTORNEY Appearance for Defendant JIARODEY by Jiyuan Zhang

48

May 1, 2024

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant JIARODEY

Declaration of Guo

49

May 2, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is a motion to dismiss 48 filed by Defendant JIARODEY. As is explained in the Court's standing order on motions to dismiss (available on the Court's website), the parties are advised that, when a motion to dismiss is filed, the nonmoving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B). Accordingly, consistent with the purpose of the Federal Rules of Civil Procedure "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, plaintiff is directed to review Defendant JIARODEY's motion to dismiss and to consider exercising, as appropriate, plaintiff's right to amend under Rule 15(a)(1)(B). If plaintiff elects to amend its pleading in response to the motion to dismiss, then defendant (unless otherwise ordered) must, within 21 days of the amended pleading, file either an answer or a renewed motion to dismiss. If plaintiff elects not to amend but instead chooses to litigate the motion to dismiss, plaintiff (unless ordered otherwise) must file its response within 21 days of the filing of the motion, and defendant must file its reply within 14 days of the filing of the response. By 5/16/2024, Plaintiff shall file a status report advising how it wishes to proceed. A telephone status hearing is set for 5/23/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

50

May 7, 2024

MOTION by Plaintiff Collegiate Licensing Company, LLC for entry of default as to Certain Defendants, MOTION by Plaintiff Collegiate Licensing Company, LLC for default judgment as to Certain Defendants

Exhibit A

51

May 7, 2024

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for entry of default, motion for default judgment, [50]

Exhibit 1

52

May 7, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[51]

Exhibit 1

53

May 8, 2024

ATTORNEY Appearance for Defendants HQG NeonSign, Jinxiuhe by Adam Edward Urbanczyk

54

May 8, 2024

MOTION by Defendants HQG NeonSign, Jinxiuhe for extension of time

55

May 9, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is Defendants HQG NeonSign's and Jinxiuhe's Motion for Extension to Time [54] to respond to the Complaint. The motion does not state whether Plaintiff opposes the requested relief, as required by the Court's Standing Order Re Civil Motion Practice (available on the Court's web page). Accordingly, the motion [54] is denied without prejudice to refiling with the required statement indicating whether there is an objection to the motion. If the motion is opposed, Defendants must include a statement from Plaintiff indicating the specific grounds for the objection. Mailed notice

56

May 16, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [50] for entry of default and default judgment against all remaining defendants, with the exception of Defendants JIARODEY (No. 26) and neonbar (No. 35). Defendants JIARODEY (No. 26) and neonbar (No. 35) are thus excluded from this Order. All remaining defendants, however, have 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 objections to the motion for entry of default judgment must be filed on or before 5/23/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 5/23/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. Status hearings set for 5/23/2024 and 5/29/2024 are stricken. A tentative default judgment hearing is set for 5/30/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

57

May 16, 2024

CERTIFICATE of Service by Plaintiff Collegiate Licensing Company, LLC regarding terminate hearings, set/reset hearings, [56]

Exhibit A

58

May 16, 2024

STATUS Report and Motion to Extend the Deadlines Set in [49] by Collegiate Licensing Company, LLC

Exhibit A

59

May 17, 2024

MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed Plaintiff's Status Report [58] which advises that Plaintiff and Defendant JIARODEY have reached a settlement in principle. Accordingly, the unopposed Motion to Extend the Deadlines [58] set on 5/2/2024 is granted to allow the parties to finalize the settlement. Plaintiff's deadline to amend the complaint or file a response to Motion [48] is 6/21/2024. Defendant JIARODEY's deadline to file a reply (if response filed) is 7/5/2024. Defendant's deadline to file an answer (if Plaintiff amends the complaint) is 7/12/2024. Mailed notice

60

May 17, 2024

ATTORNEY Appearance for Defendants HQG NeonSign, Jinxiuhe by Adam Edward Urbanczyk

61

May 17, 2024

MOTION by Defendants HQG NeonSign, Jinxiuhe for extension of time UNOPPOSED

62

May 17, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is Defendants HQG NeonSign and Jinxiuhe's Unopposed Motion for Extension to Time [61] until 6/7/2024 to answer or otherwise respond to the complaint in order to continue settlement discussions. The Court entered default against Defendants HQG NeonSign and Jinxiuhe [56] on 5/16/2024, and Plaintiff's Motion for Entry of Default Judgment is under advisement. Defendants HQG NeonSign and Jinxiuhe essentially seek to vacate the default entry so that they may respond to Plaintiff's Complaint if they are unable to reach an agreement to settle. The motion [61] is granted as unopposed. The entry of default as to Defendants HQG NeonSign and Jinxiuhe is vacated. Defendants HQG NeonSign and Jinxiuhe shall answer or otherwise respond to the complaint by 6/7/2024. Mailed notice

63

May 21, 2024

MOTION by Defendant neonbar for extension of time to file answer regarding complaint[1]

64

May 22, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is Defendant neonarbar's Second Motion for Extension to Time [63] to respond to the Complaint. The motion does not state whether Plaintiff opposes the requested relief, as required by the Court's Standing Order Re Civil Motion Practice (available on the Court's web page). Accordingly, the motion [63] is denied without prejudice to refiling with the required statement indicating whether there is an objection to the motion. If the motion is opposed, Defendants must include a statement from Plaintiff indicating the specific grounds for the objection. Mailed notice

65

May 22, 2024

MOTION by Defendant neonbar for extension of time to file answer regarding complaint[1] AGREED

66

May 22, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Defendant neonbar's Second Motion for Extension of Time to Answer or Otherwise Plead [65] is granted as unopposed. Defendant neonbar shall answer or otherwise respond to the complaint by 6/12/2024. Mailed notice

67

May 24, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion [50] for entry of default judgment against all defendants remaining in the case, with the exception of Defendant Nos. 26 (JIARODEY) and 35 (neonbar), is pending before the Court. The Court also notes that the default entered against Defendants No. 25 (HQG NeonSign) and No. 28 (Jinxiuhe) was vacated on 5/17/2024. See Doc. 62. Defendant Nos. 25 (HQG NeonSign), 26 (JIARODEY), No. 28 (Jinxiuhe), and 35 (neonbar) are thus excluded from this order. No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [50] 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 $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established [57] that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 5/30/2024 is stricken. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any defendant. By 5/28/2024, Plaintiff shall submit a proposed final judgment order to the Court's proposed order inbox for entry. By 6/14/2024, Plaintiff and Defendant Nos. 25 (HQG NeonSign), No. 28 (Jinxiuhe), and 35 (neonbar) are ordered to file a status report advising whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 6/18/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

68

May 29, 2024

FINAL DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS. Signed by the Honorable Sunil R. Harjani on 5/29/2024. Mailed notice Modified on 5/29/2024.

69

June 14, 2024

STATUS Report Joint - per [67] by Collegiate Licensing Company, LLC

70

June 14, 2024

MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the Joint Status Report [69] which advises that Plaintiff and Defendant Nos. 25, 28, and 35 are in active settlement negotiations which are nearing completion. Plaintiff has reached a settlement with the only other remaining Defendant, No. 26. Any motion for entry of a consent judgment shall be filed by 6/28/2024. Telephone status hearing set for 6/18/2024 is stricken and reset to 7/11/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Emailed notice

71

June 27, 2024

MOTION by Plaintiff Collegiate Licensing Company, LLC to approve consent judgment as to Defendant Nos. 25, 26, and 28

72

June 27, 2024

MOTION by Plaintiff Collegiate Licensing Company, LLC for entry of default as to Defendant No. 35, MOTION by Plaintiff Collegiate Licensing Company, LLC for default judgment as to Defendant No. 35

73

June 27, 2024

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for entry of default, motion for default judgment[72]

74

June 27, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[73]

Exhibit 1

75

July 2, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion for Entry of Consent Judgment [71] as to Defendants HQG NeonSign (No. 25), JIARODEY (No. 26), and Jinxiuhe (No. 28) is granted. Defendant JIARODEY's Motion to Dismiss [48] is denied as moot. Enter Consent Judgment. Mailed notice

76

July 2, 2024

CONSENT JUDGMENT Signed by the Honorable Sunil R. Harjani on 7/2/2024. Mailed notice

77

July 2, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [72] for entry of default and default judgment against remaining defendant neonbar (No. 25). Defendant neonbar has not filed an answer or otherwise pled in this action by its extended deadline of 6/12/2024 [66]. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 7/10/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 7/10/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. A tentative default judgment hearing is set for 7/17/2024 at 9:15 a.m. Telephone status hearing set for 7/11/2024 is stricken. Mailed notice

78

July 11, 2024

MINUTE entry before the Honorable Sunil R. Harjani: Remaining Defendant neonbar (No. 35) has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [72] 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 $50,000 is an appropriate award of statutory damages. No objection to the motion for entry of default judgment has been filed on behalf of Defendant neonbar. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 7/17/2024 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of ten thousand dollar ($10,000) to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. Enter separate Default Judgment Order. Civil case terminated. Mailed notice

79

July 11, 2024

DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 7/11/2024. Mailed notice

80

July 12, 2024

MAILED trademark report to Patent Trademark Office, Alexandria VA

81

July 25, 2024

FULL SATISFACTION of Judgment regarding order[68] in the amount of $50,000 as to certain defendants

82

Aug. 8, 2024

FULL SATISFACTION of Judgment regarding order[68] in the amount of $50,000 as to certain defendants

83

Feb. 27, 2025

FULL SATISFACTION of Judgment regarding order[68] in the amount of $50,000 as to certain defendant

84

April 10, 2025

FULL SATISFACTION of Judgment regarding order[68] in the amount of $50,000 as to certain defendant

85

May 22, 2025

FULL SATISFACTION of Judgment regarding order[68] in the amount of $50,000 as to certain defendant

86

Aug. 21, 2025

FULL SATISFACTION of Judgment regarding order[68] in the amount of $50,000 as to certain defendant

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