2024-cv-01759

COMPLAINT Filing fee $ 405, receipt number AILNDC-21697185 filed by Chrome Hearts LLC;

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)

SEALED EXHIBIT by Plaintiff Chrome Hearts LLC Schedule A regarding complaint 1

MOTION by Plaintiff Chrome Hearts LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chrome Hearts LLC

Notice of Claims Involving Trademarks by Chrome Hearts LLC

ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Rachel S Miller

ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Trevor Christian Talhami

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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.)

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

MOTION by Plaintiff Chrome Hearts LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Chrome Hearts LLC in support of motion for temporary restraining order 12

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Mario Lejtman regarding memorandum in support of motion 13

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Chrome Hearts LLC Exhibit 5 - Parts 1-6 regarding declaration 15

Exhibit 5-1

Exhibit 5-2

Exhibit 5-3

Exhibit 5-4

Exhibit 5-5

(Exhibit 5-6)

MOTION by Plaintiff Chrome Hearts LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Chrome Hearts LLC in support of motion for miscellaneous relief 17

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

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 12, motion for leave to file 3, motion for miscellaneous relief 17 before Honorable Jeremy C. Daniel on 3/12/2024 at 09:30 AM.

ATTORNEY Appearance for Plaintiff Chrome Hearts LLC by Berel Yonathan Lakovitsky

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. 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 [12], and motion for electronic service of process [17] are granted. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 3/12/2024. Mailed notice

SUMMONS Issued as to The Partnerships and all other Defendants identified in the Complaint (jcc,) (Text entry; no document attached.)

SURETY BOND in the amount of $ 10,000 posted by Chrome Hearts LLC. (Document not scanned).

MOTION by Plaintiff Chrome Hearts LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Chrome Hearts LLC in support of extension of time[25]

Declaration of Rachel S. Miller

NOTICE of Motion by Rachel S Miller for presentment of extension of time[25] before Honorable Jeremy C. Daniel on 3/26/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion to extend the temporary restraining order 25 is granted. The temporary restraining order shall expire at 11:00 a.m. on April 9, 2024. The motion hearing is stricken. Mailed notice

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 Jeremy C. Daniel no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 4/02/2024.

MOTION by Plaintiff Chrome Hearts LLC for preliminary injunction as to certain Defendants

Exhibit A

MEMORANDUM by Chrome Hearts LLC in support of motion for preliminary injunction[30]

Declaration Of Rachel S. Miller

Exhibit 1

SUMMONS Returned Executed by Chrome Hearts LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/4/2024, answer due 4/25/2024.

Declaration of Trevor C. Talhami

Exhibit A

MINUTE entry before the Honorable Sunil R. Harjani: Any response to Plaintiff's Motion for Entry of Preliminary Injunction as to Certain Defendants [30] is due by 4/8/2024 at 12:00 p.m. The Court will rule on the papers unless a hearing is requested on or before 4/8/2024 at 12:00 p.m. A hearing, to be conducted via teleconferencing, may be requested by emailing lynette_santiago@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. By 4/5/2024, Plaintiff is instructed to serve a copy of this minute order upon Defendant Nos. 49-95 and must promptly file proof of that service. Mailed notice

CERTIFICATE of Service by Plaintiff Chrome Hearts LLC regarding set motion and R&R deadlines/hearings, [33]

Exhibit A

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 30 as to Certain Defendants 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 Judge Daniel 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 [32, 34] that it provided electronic notice to defendants of the pendency of this action and the motion, but no response to the motion for a preliminary injunction has been filed on behalf of any defendant and no request for a hearing has been received. 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 directed to unseal any previously-sealed documents. Plaintiff shall file any motion for entry of default and default judgment by 5/16/2024. Mailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 4/8/2024. Mailed notice

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendant

NEW PARTIES: Changsha Hanchao Electronic Commerce Company Limited, Dongguan Cherry Stainless Steel Jewelry Co., Ltd., Dongguan Fansen Jewelry Co., Ltd., Dongguan Jian Shang Jewelry Co., Ltd., Dongguan Joyful Jewelry Co., Ltd., Dongguan Shengjing Hardware Accessories Co., Ltd., Dongguan Shiwei Crafts Co., Ltd., Dongguan Shiye Technology Co., Ltd., Fanyi Jewelry (haifeng) Co., Ltd., Foshan Messia Import & Export Co., Ltd., Fujian Morri Industry And Trade Co., Ltd., Fuzhou 100s Jewelry Co., Ltd., Guangzhou Daimuxi Nail Cosmetics Co., Ltd., Guangzhou Feibei Decoration Co., Ltd, Guangzhou Feibei Decoration Co., Ltd., Guangzhou Jiasi Cosmetics Co., Ltd., Guangzhou Jixi Jewelry Co., Ltd., Guangzhou Junheng Jewelry Co., Ltd., Guangzhou Olivia Jewelry Co., Ltd, Guangzhou Ruiya International Trade Co., Ltd., Guangzhou Shengzhuang Technology Ltd., Guangzhou Yalu Cosmetics Co., Ltd., Haifeng County Meilong Town Yinhange Jewelry Factory, Hainan Haotai Trading Co., Ltd., Henan Jiheng Technology Co., Ltd., Hubei Jingcan Glass Products Co., Ltd., Jinhua Feixuan Cosmetic Co., Ltd., Jinhua Lateen Jewelry Co., Ltd., Ningbo Sunkin Electrical Co., Ltd., Shenzhen E-Store Elec-Tech Co., Ltd., Shenzhen Ouya Art & Craft Co., Ltd., Shenzhen Pinoqi Technology Co., Ltd., Shenzhen Ruixi International Brand Management Co., Ltd, Shenzhen Xinjiaxin Jewelry Co., Ltd., Shishi Fengkouyang Clothing Factory, Xi 'an Million Trading Co., Ltd., Yiwu Kj Fashion Co., Ltd., Yiwu Liaoyuan Trade Co., Ltd., Yiwu Linsa Jewelry Co., Ltd, Yiwu Lucia Jewelry Co., Ltd., Yiwu Market Union Co., Ltd., Yiwu Passion Jewelry Co., Ltd., Yiwu Qiyuan Trading Co., Ltd., Yiwu Shuoye Trading Co., Ltd., Yiwu Xinyue Jewellery Co., Ltd., Yiwu Zhenchen Jewelry Co., Ltd., Yiwu Zhongqi Jewelry Co., Ltd., Zhejiang Xinqi Jewelry Co., Ltd., AIWI3FE7P8NTT, akowemge, CLTJMM, Diliget.Te, DODLA, enshishihuanchashangmaoyouxiangongsi, FENASH-zhou, ingKangH, Jingjings accessories store, kkiioo123, KlackenasDirect, liandongyang, miaomaio youth, SGAJNBEG-SGAE, Shijiazhuang Yingyi Electronic Commerce Co., Ltd., Uonol, Wangyanli-geng, Wozidi, xiangyangshibaiyuechengbaihuodian, XIBLU, Yheakne, YiPinwangDing, yuanshenDirect, YUES, yunchengshiyanhuqujiuchenggangshangmaoyouxiangongsi, zhijiangshiyuejueshangmaoyouxiangongsi, ZXBGENSWX, burberry_jacket, buychromescloth, buylumudh, feiduojewelry, gateaozhbuy, gateuweixdh, huailbuydh, rabbitjewelry, allseasonsluck, Fashion Sophia Belt, I DO MY BEST, fsj5-44, le_louvre_store, Leather Handmaker, lichunlin, luckiest66, prettyfox1, Gamory Jewelry, KAHOOT JEWELRY, MOOLOVE and SHENZHEN LIJIANTIAN KEJI YOUXIAN GONGSI added to case caption. (Text entry; no document attached.)

MOTION by Plaintiff Chrome Hearts LLC for preliminary injunction as to certain Defendants

Exhibit A

MEMORANDUM by Chrome Hearts LLC in support of motion for preliminary injunction[38]

Declaration Of Rachel S. Miller

Exhibit 1

SUMMONS Returned Executed by Chrome Hearts LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/12/2024, answer due 5/3/2024.

Declaration of Rachel S. Miller

Exhibit A

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 38 for entry of a preliminary injunction as to Defendant Nos. 1-48. In connection with that motion, plaintiff must serve Defendant Nos. 1-48 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 4/19/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will rule on the papers unless a hearing is requested by 4/22/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon Defendant Nos. 1-48 within one business day of its entry on the docket and must promptly file proof of that service. A tentative preliminary injunction hearing is set for 4/25/2024 at 10:30 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

CERTIFICATE of Service by Plaintiff Chrome Hearts LLC regarding set/reset hearings, 41

(Exhibit A)

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendants

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [38] is granted as to Defendant Nos. 1-48. 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 Judge Daniel 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 [42] that it provided electronic notice to defendants of the pendency of this action and the motion, 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. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 4/25/2024 is stricken. Summons were issued on 3/15/2024 and Defendants' responses to the complaint are due by 4/25/2024 and 5/3/2024. Plaintiff should file any motion for entry of default and default judgment by 5/16/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 5/29/2024 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

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 4/23/2024. Mailed notice

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendant

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendants

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to a certain Defendant

MOTION by Plaintiff Chrome Hearts LLC for entry of default, MOTION by Plaintiff Chrome Hearts LLC for default judgment as to all Defendants with the exception of a certain Defendant

Exhibit A

MEMORANDUM by Chrome Hearts LLC in support of motion for entry of default, motion for default judgment, [49]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[50]

Exhibit 1

ATTORNEY Appearance for Defendants Changsha Hanchao Electronic Commerce Company Limited, Jinhua Lateen Jewelry Co., Ltd. by Adam Edward Urbanczyk

MOTION by Defendants Changsha Hanchao Electronic Commerce Company Limited, Jinhua Lateen Jewelry Co., Ltd. for extension of time

MINUTE entry before the Honorable Sunil R. Harjani: Defendants Changsha Hanchao Electronic Commerce Company Limited and Jinhua Lateen Jewelry Co., Ltd.'s motion for extension of time [53] is granted, notwithstanding Plaintiff's opposition. Defendants Changsha Hanchao Electronic Commerce Company Limited and Jinhua Lateen Jewelry Co., Ltd. shall answer or otherwise respond to Plaintiff's complaint by 6/10/2024. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [49] for entry of default and default judgment against all remaining defendants, with the exception of Defendant Guangzhou Jiasi Cosmetics Co., Ltd. (No. 16). The Court notes that Defendants Changsha Hanchao Electronic Commerce Company Limited (No. 1) and Jinhua Lateen Jewelry Co., Ltd. (No. 28) were granted an extension until 6/10/2024 to answer or otherwise respond to Plaintiff's complaint. Defendants Changsha Hanchao Electronic Commerce Company Limited (No. 1), Guangzhou Jiasi Cosmetics Co., Ltd. (No. 16), and Jinhua Lateen Jewelry Co., Ltd. (No. 28) 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 5/22/2024. 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 5/22/2024. 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. Telephone status set for 5/29/2024 at 9:15 a.m. is converted to a tentative default judgment hearing. Mailed notice

CERTIFICATE of Service by Plaintiff Chrome Hearts LLC regarding terminate hearings, set/reset hearings, [55]

Exhibit A

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendants

Order on Motion for Entry of Default (Text entry; no document attached.)

Order on Motion for Default Judgment (Text entry; no document attached.)

ENTERED IN ERROR. Modified on 5/23/2024.

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion [49] for entry of default judgment as to all remaining defendants, with the exception of Defendant Guangzhou Jiasi Cosmetics Co., Ltd. (No. 16), is pending before the Court. The Court notes that Defendants Changsha Hanchao Electronic Commerce Company Limited (No. 1) and Jinhua Lateen Jewelry Co., Ltd. (No. 28) were granted an extension until 6/10/2024 to respond to Plaintiff's complaint. Defendants Changsha Hanchao Electronic Commerce Company Limited (No. 1), Guangzhou Jiasi Cosmetics Co., Ltd. (No. 16), and Jinhua Lateen Jewelry Co., Ltd. (No. 28) are thus excluded from this Order. No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [49] 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 [56] 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 5/29/2024 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. Enter separate Final Judgment Order. By 6/13/2024, Plaintiff is ordered to file a status report advising whether the parties anticipate a settlement or further litigation as to each remaining defendant. 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

DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 5/23/2024. Mailed notice

FULL SATISFACTION of Judgment regarding order[60] in the amount of $50,000 as to certain defendants

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendant

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendant

STATUS Report per [59] by Chrome Hearts LLC

MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed Plaintiff's Status Report [64] advising that Plaintiff has settled with the remaining Defendant (No. 28). Plaintiff shall file a Notice of Dismissal by 7/2/2024. Telephone status hearing set for 6/18/2024 is stricken and reset to 7/10/2024 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

NOTICE of Voluntary Dismissal by Chrome Hearts LLC as to certain defendant

MINUTE entry before the Honorable Sunil R. Harjani: Pursuant to Plaintiff's notice of voluntary dismissal [66] and Federal Rule of Civil Procedure 41(a)(1)(A)(i), this case is dismissed without prejudice as to Defendant Jinhua Lateen Jewelry Co., Ltd. (No. 28) and with leave to reinstate on or before 3/30/2025. Thereafter, the case shall be deemed, without further order of the Court, to be dismissed with prejudice. Each side shall bear its own attorney's fees and costs. All pending deadlines, motions, and hearings are stricken. Civil case terminated. Mailed notice

FULL SATISFACTION of Judgment regarding order 60 in the amount of $50,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 60 in the amount of $50,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 60 in the amount of $50,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 60 in the amount of $50,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order 60 in the amount of $50,000 as to certain defendant

NOTICE of withdrawal of bond [24] by John Summerfield. (bi,)