2024-cv-01352

COMPLAINT filed by Advance Magazine Publishers, Inc. ; Filing fee $ 405, receipt number AILNDC-21649068.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Advance Magazine Publishers, Inc. Schedule A regarding complaint 1

MOTION by Plaintiff Advance Magazine Publishers, Inc. for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Advance Magazine Publishers, Inc.

Notice of Claims involving Trademarks by Advance Magazine Publishers, Inc.

ATTORNEY Appearance for Plaintiff Advance Magazine Publishers, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Advance Magazine Publishers, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Advance Magazine Publishers, Inc. by Rachel S Miller

ATTORNEY Appearance for Plaintiff Advance Magazine Publishers, Inc. by Quinn Bradley Guillermo

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Maria Valdez. 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 Advance Magazine Publishers, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Advance Magazine Publishers, 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 Eric Gisolfi regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

(Exhibit 3)

SEALED EXHIBIT by Plaintiff Advance Magazine Publishers, Inc. Exhibit 4 - Parts 1-4 regarding declaration 16

Exhibit 4-1

Exhibit 4-2

Exhibit 4-3

(Exhibit 4-4)

MOTION by Plaintiff Advance Magazine Publishers, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Advance Magazine Publishers, 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)

ATTORNEY Appearance for Plaintiff Advance Magazine Publishers, Inc. by Luana Faria De Souza (Faria De Souza, Luana)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [3], motion for electronic service of process [18], and ex parte motion for a temporary restraining order [13], are granted in part. Plaintiff's submissions (e.g., Dkts. 1418) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [2] and [17]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 the equitable accounting that, at this point, Plaintiff states that he may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing versions of Plaintiff's copyrighted works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by infringing goods, and 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 effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will 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 reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order.

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/17/2024.

Registry Deposit Information Form by Advance Magazine Publishers, Inc.

SURETY BOND in the amount of $ 10,000 posted by Advance Magazine Publishers, Inc. (Document not scanned).

MOTION by Plaintiff Advance Magazine Publishers, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Advance Magazine Publishers, Inc. in support of extension of time[26]

DECLARATION of Rachel S. Miller regarding memorandum in support of motion[27]

MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend TRO 26 is granted. Enter separate order. Mailed notice.

EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/27/2024. Mailed notice.

MOTION by Plaintiff Advance Magazine Publishers, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Advance Magazine Publishers, Inc. in support of motion for preliminary injunction[31]

Declaration of Rachel S. Miller

Exhibit 1

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

SUMMONS Returned Executed by Advance Magazine Publishers, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/12/2024, answer due 8/2/2024.

Declaration of Luana Faria de Souza

(Exhibit A)(Faria De Souza, Luana)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 31 for entry of a preliminary injunction as to certain Defendants. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 7/18/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO"), as well as in Plaintiff's earlier motion 27 to extend 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." Id. at 844. Mailed notice.

CERTIFICATE of Service by Plaintiff Advance Magazine Publishers, Inc. regarding text entry, 34

(Exhibit A)(Faria De Souza, Luana)

NOTICE of Voluntary Dismissal by Advance Magazine Publishers, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Advance Magazine Publishers, Inc. as to certain defendant

NOTICE of Voluntary Dismissal by Advance Magazine Publishers, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Advance Magazine Publishers, Inc. as to a certain Defendant

MOTION by Plaintiff Advance Magazine Publishers, Inc. for entry of default, MOTION by Plaintiff Advance Magazine Publishers, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Advance Magazine Publishers, 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)

ORDER: Motion for default judgment 40 is granted. Enter separate Final Judgment Order. Plaintiff's motion for entry of a preliminary injunction (Dkt. 31) is dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 8/7/2024. Mailed notice.

FINAL JUDGMENT ORDER: Signed by the Honorable John F. Kness on 8/7/2024. Mailed notice.

FULL SATISFACTION of Judgment regarding order 44 in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 44 in the amount of $100,000 as to certain defendants

NOTICE of Removal of Material from the Custody of the Clerk's Office by Advance Magazine Publishers, Inc. (Received at the Intake Counter on 10/29/24.) (Received for docketing on 11/21/24)

FULL SATISFACTION of Judgment regarding order 44 in the amount of $100,000 as to certain defendant