2024-cv-01587

COMPLAINT filed by Dyson Technology Limited; Filing fee $ 405, receipt number AILNDC-21677593.

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)

EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint 1 Modified on 3/25/2024.

EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 1 - Parts 1-3 regarding complaint 1 Modified on 3/25/2024.

Exhibit 1-1

Exhibit 1-2

(Exhibit 1-3)

MOTION by Plaintiff Dyson Technology Limited for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited

Notice of Claims Involving Patents by Dyson Technology Limited

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham

MAILED Patent report to Patent Trademark Office, Alexandria VA.

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 1).

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.

MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Dyson Technology Limited 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)

DECLARATION of Giles Samuel Lane regarding memorandum in support of motion 14

(Exhibit 1)

EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Parts 1-3 regarding declaration 16 Modified on 3/25/2024.

Exhibit 2-1

Exhibit 2-2

(Exhibit 2-3)

MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief 18

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

Exhibit 1

(Exhibit 2)

ORDER written by the Honorable Lindsay C. Jenkins on 3/1/2024. Mailed notice. Modified on 3/25/2024.

TRO Signed by the Honorable Lindsay C. Jenkins on 3/1/2024. Mailed notice. Modified on 3/25/2024.

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

SURETY BOND in the amount of $ 10,000 posted by Dyson Technology Limited (Document not scanned.)

MOTION by Plaintiff Dyson Technology Limited for preliminary injunction

(Exhibit A)

MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction 24

Declaration of Justin T. Joseph

(Exhibit 1)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 24 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 by March 15, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. 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. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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 Dyson Technology Limited regarding order on motion for preliminary injunction, text entry, 26

(Exhibit A)

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

Declaration of Andrew D. Burnham

(Exhibit A)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 24 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 27 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Lindsay C. Jenkins on 3/18/2024. Mailed notice.

NEW PARTIES: A1LKY1Y6ZXR339, aikangzhijia, ansediaoshang, ayddzgs, BiMingUS, CKD store, DaKeRiYongBaiHuoDian, ERICSF, FuYangJuanTingShaMaoYouXianGongSi, guanbinriyongbaihuodian, HUIzhui, Lamber's store, Leehonn, ning ncl, qianluhuanbaoshang, RIYCUOWT-US, SaiQ, STE Store, STYLE-beauty, TianMaoWuUS, UnicornTech, VEROCN, wangyimanbeimei, Xinmei Shangyan, zhangqiubaiying, baofu009, cyygood, denda, dh_official_001store, donald_store, flying_queen019, hairqxjshop, hong_baobao, kingberry2014, mr_cao11, topscissors, tyfystore, wangcai06, delbuyit, delhibuy, delsuper, dijiago-79, Gutes Leben 528, jia5377, jzcxcopower, lixiaodedian, stock2022, ybfreego, LTFIRFER and MIA's Grocery Store added to case caption.

NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants

NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendant

MINUTE entry before the Honorable Lindsay C. Jenkins: The Court requests that Plaintiff file a short status report by April 15, 2024, indicating when it anticipates seeking a default judgment for the remaining defendants. Mailed notice.

NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants

MOTION by Plaintiff Dyson Technology Limited for entry of default, MOTION by Plaintiff Dyson Technology Limited for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Dyson Technology Limited in support of motion for entry of default, motion for default judgment 35

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 36

(Exhibit 1)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 35 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 April 22, 2024. If no objections are filed by that date, the court will consider the motion unopposed. 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. Mailed notice.

CERTIFICATE of Service by Plaintiff Dyson Technology Limited regarding order on motion for entry of default, order on motion for default judgment, text entry, 38

(Exhibit A)

STATUS Report pursuant to 33 by Dyson Technology Limited

(Exhibit A)

NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendant

MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 35 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, evidence of lost profits, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court award profits as set forth on the separately entered Final Judgment Order. Civil case terminated. Mailed notice.

ENTERED FINAL JUDGMENT ORDER Signed by the Honorable Lindsay C. Jenkins on 4/23/2024. Mailed notice.

MAILED patent report with certified copy of minute order dated 4/23/2024 to Patent Trademark Office, Alexandria VA. (jn,)

FULL SATISFACTION of Judgment regarding entered judgment 43 in the amount of the Judgment Amount as to certain defendants

NOTICE of withdrawal of Surety bond [23] by John Summerfield. (Received at the Intake Counter on 7/25/24)