2024-cv-01277

COMPLAINT filed by Birkenstock US BidCo, Inc. ; Filing fee $ 405, receipt number AILNDC-21640545.

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

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable M. David Weisman. 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.

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 13

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

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Kia Holifield Wimmer regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Exhibit 2 - Parts 1 - 5 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

(Exhibit 2-5)

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 18

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

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [18] are set for a telephonic motion hearing on 2/23/2024 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Marcella Deshonda Slay

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 2/23/2024. For the reasons stated on the record, Plaintiff's motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [18] are granted. Enter Sealed Temporary Restraining Order. The Clerk's Office is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint [2], and (2) Exhibit 2 - Parts 1-5 [17]. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:15 a.m. on 2/23/2024 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 3/8/2024 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 2/23/2024.

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

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

SURETY BOND in the amount of $ 10,000.00 posted by Birkenstock US BidCo, Inc. (Document not imaged)

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

MOTION by Plaintiff Birkenstock US BidCo, Inc. for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for preliminary injunction[28]

Declaration of Kahlia R. Halpern

Exhibit 1

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/5/2024, answer due 3/26/2024.

Declaration of Jennifer V. Nacht

Exhibit A

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of a preliminary injunction as to certain Defendants 28 is set for a telephonic motion hearing on 3/8/2024 at 9:00 AM. Any person wishing to be heard on the motion shall file an appearance and contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 3/8/2024. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction as to certain Defendants [28] is granted. Enter Preliminary Injunction Order. The Temporary Restraining Order expires on its own terms as to Defendant nos. 1-6. Plaintiff's counsel shall provide a copy of this order to the platforms for those six Defendants that are not covered by the preliminary injunction to inform them that the Temporary Restraining Order is no longer in effect as to those six Defendants. The Clerk's Office is directed to unseal: (1) Schedule A to the complaint [2], (2) Exhibit 2 - Parts 1-5 [17], and (3) the sealed temporary restraining order [24]. Plaintiff's counsel is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic status hearing set for 4/24/2024 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 3/8/2024. Mailed notice

TRANSCRIPT OF PROCEEDINGS held on March 8, 2024 before the Honorable Andrea R. Wood. Order Number: 48228. Court Reporter Contact Information: Brenda S. Varney, CSR, RMR, CRR, brenda_varney@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/2/2024. Redacted Transcript Deadline set for 4/12/2024. Release of Transcript Restriction set for 6/10/2024.

NEW PARTIES: Jinjiang Pinzone Import And Export Trade Co., Ltd., Shanwei Aisen International Trade Co., Ltd., Shenzhen Bestart Technology Industry Co., Ltd., Xiamen Duhan Trading Co. Ltd, Yiwu Huanmai Electronic Commerce Co., Ltd., Zhejiang Bsofter Textile Co., Ltd., A1ERW6G6UP68HT, ALGW43DIOQ1GM, Belaco Dada, Costard, FQ LongYang, Galaa's, inibud Direct, JinRuo-777, KLUKGE, Wuxim shop, Xixi Department Store, YUHOCB, andrew02_sneakers, baker01, banlian, bapesta_shoe, bestgoodshoes66, bests_shoe, boss_brand_sports Store, camden, chloeslide Store, cloud_shoe, coach_shoe, commanders, designerdh_1688, designergot, designershoesupplier, dhshopmall99, drop_shipping_store Store, dunk_brand_sports Store, facehome139, flight_clubs_sneaker, flying_brand_sports, gaobie06 Store, goodshoe789, goshoes003, highheelsshoes1, hike_shoe, hjzhzyszrw12580, hm_brand_sports, hm_sports_discount, jd_gattluxuries_shoe, jerseysneakershop, kd_brand_sports, kd_sports_discount Store, king_of_shops, lakersare, lavina_shoe, louishop, magic_shoes, mensshoes01, mmstars, nba_sports_discount Store, neougg168 Store, nicholashoes, nike_brand_sports, onxshoes, royi6562s, runnershoes, runshoes88, see_also_shops, shoesfactories Store, shoeshome526, sku_shoes Store, sneakerreps7, sport00035, sport0021, super_shoes9, supers_shoes, thewayyouwalk, top_shoe999, top_trainer99, top15 Store, topshoesgot, ttesla, ttsneaker7, womenshoe_1, xbo10, xiaofang66, xmwygj001, yeezy_sports_brand, anqinghamaishang0, yongyuandian and Litfun added to case caption.

ATTORNEY Appearance for Defendant inibud Direct by Bole Yuan

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/20/2024, answer due 4/10/2024.

Declaration of Jennifer V. Nacht

Exhibit A

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

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

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 40

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 41

(Exhibit 1)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 4/24/2024. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment [40] is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 4/25/2024. Mailed notice

MAILED trademark report with certified copies of orders dated 4/25/24 (doc. #'s 43, 44) to Patent Trademark Office, Alexandria VA.

FULL SATISFACTION of Judgment regarding order 44 in the amount of $500,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[44] in the amount of $500,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[44] as to certain defendants