2024-cv-01805

COMPLAINT filed by FRIDA KAHLO CORPORATION; Filing fee $ 405, receipt number AILNDC-21703383.

Exhibit Ex. 1 - TM registrations

Exhibit Ex. 2 - Copyright Registrations

Exhibit Ex. 3 - Seizure Statistics

Exhibit Ex. 4 - IP Rights

(Exhibit Ex. 5 - DHS Report)

CIVIL Cover Sheet

SCHEDULE A by Plaintiff FRIDA KAHLO CORPORATION Sealed Schedule A to the Complaint Modified on 3/27/2024.

MOTION by Plaintiff FRIDA KAHLO CORPORATION to seal document sealed document 3 Schedule A to Complaint

ATTORNEY Appearance for Plaintiff FRIDA KAHLO CORPORATION by Matthew A. Werber

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sunil R. Harjani. 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.

MAILED copyright report to Registrar, Washington DC.

MOTION by Plaintiff Frida Kahlo Corporation for temporary restraining order

MEMORANDUM by Frida Kahlo Corporation in support of motion for temporary restraining order 9

Declaration Declaration of Carlos R. Dorado

(Declaration Declaration of Matthew A. Werber)

EXHIBIT by Plaintiff Frida Kahlo Corporation regarding memorandum in support of motion 10 Modified on 3/27/2024.

Exhibit Dorado Ex. 1 part 1 of 6

Exhibit Dorado Ex. 1 part 2 of 6

Exhibit Dorado Ex. 1 part 3 of 6

Exhibit Dorado Ex. 1 part 4 of 6

Exhibit Dorado Ex. 1 part 5 of 6

(Exhibit Dorado Ex. 1 part 6 of 6)

MOTION by Plaintiff Frida Kahlo CorporationELECTRONIC SERVICE OF PROCESS

(Declaration of Matthew A. Werber)

MEMORANDUM by Frida Kahlo Corporation in SUPPORT OF JOINDER

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sunil R. Harjani. 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.

ORDER written by the Honorable Lindsay C. Jenkins on 3/6/2024. Mailed notice. Modified on 3/27/2024.

TRO Signed by the Honorable Lindsay C. Jenkins on 3/6/2024. Mailed notice. Modified on 3/27/2024.

ATTORNEY Appearance for Plaintiff Frida Kahlo Corporation by Peter Krusiewicz

SURETY BOND in the amount of $ 10,000 posted by Frida Kahlo Corporation (Document not scanned).

REGISTRY DEPOSIT INFORMATION FORM by Frida Kahlo Corporation. (Received at the Intake Counter on 03/12/2024)

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto

SUMMONS Returned Executed by Frida Kahlo Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto on 3/14/2024, answer due 4/4/2024.

(Declaration of Service)

MOTION by Plaintiff Frida Kahlo Corporation for preliminary injunction, MOTION by Plaintiff Frida Kahlo Corporation for extension of time Extend Temporary Restraining Order

MEMORANDUM by Frida Kahlo Corporation in support of motion for preliminary injunction, extension of time 20

(Declaration)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 20 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 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. 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.

DECLARATION of Service filed by Plaintiff Frida Kahlo Corporation regarding Minute Order [Dkt. 22] and Preliminary Injunction Motion served on THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A HERETO on 03/20/2024

NOTICE of Voluntary Dismissal by Frida Kahlo Corporation as to Certain Defendants

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 20 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 23 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. The Clerk shall unseal any documents that are sealed. The Law Firm of Nixon Peabody LLP, is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 3/25/2024. Mailed notice.

NOTICE of Voluntary Dismissal by Frida Kahlo Corporation as to certain defendants

NEW PARTIES: Sambhav Quilt Hub, AiYaYaShangMao, Alexis Vandepol Store, Anatolian Studio, Anokhi Stores, Antigone Dinh, anxixiaomingsh, Artsthali, ATGlobal, Aurorario, Bahadir Akcay BAHADIR, BANOBAGI VITA LLC, BestChoice Gifts Store, bhatyani handicraft, BhawanaHandicrafts, BILOCHIS, Blisse Caisalor, Bnikion, Bocher banner store, Busra Uluturk BUB and Calanthaz added to case caption.

NEW PARTIES: Cam Store 1, cdkjcmdzswyxgs, chengduxinzhuangyizhenruanjiankaifagongzuoshi, chenxixi-US, ChimXau StoreVN, CONG TY TNHH SX&TM CO KHI TRAN AN, crafts creation, craftsmanshipindia, CUONG2DST, Custom creative gifts, Customize Your Own, Di Lynn, DNH0606, Dragonfly-Artwear, DUC THAN SHOP, Dulingo, Duongquanghuy Shop, DUY CHINH, DUYANH.LOVEPET, DuyShop Store, ericotry, Erkan Atasoy LS, Erkan Coban ERCO, Eytoma, Eyup Utku KE, Feancey-stroe, fengyuyi, ForbiddenPaper, Funny&Designer Collection, GANESHAM HANDICRAFT, Garbests, GIFTSSMART, GNOCE, Gommateshwara, Gonehg, H A Distributers, HAICOM Store, Handicraftsstar, Hangzhou Tortoise and Rabbit Race Technology Co., Havana Concept, HELMICH, Hiep Store 1, HIMANSHU EXPORTS, HomeExportKing, HONGWU ARTS, HSQ894210, Hudam Jaban and Huizhirem added to case caption.

NEW PARTIES: HungStore789, HuongBT Shop, HuongLc1, I'm sorry, ichida store, Invincible Aero, Kader Keles NK, KAM Home, Kathyclassic, kejishu, KIMI store, KingcoffeeStore, LA HOANG HA, Late Fog, ldzvn9x, lesyduyanhamztb2000000, li lin's, Liatunou, LILILIXIAODIAN, linyihefengruishangmaoyouxiangongsi, liuyangshiyeliangdianzishangmaoyouxiangongsi, Loan Trai Cau, Love before BC, luanda home, LUCKY STAR MUG, M Groceries, MagicHomes-US, marusthali, Mehmet Can Erez LY, MIACHI Shop, MINGSHANE, minh van store, MinhDucProMUG, MMC industries, MOJITO LIVING PTE, MSTFBT Store, MUDIT CRAFTS, Muhammet Enes Atbas MEA, Mustafa Aktas MUSTAFA, NAENJIE, NAMOCREATION, nanjingkeertesiwangluokejiyouxiangongsi, nanpuodian, Necla Eren JD, Neomark, Ngochung Shop, Nguyennam193, ningboGOGO, Nobita store 1, OCTO new materials technology, panart TEE, Personalizy Store, PHAMDUYENVBHP, Phamhoai Store, phucshop1, Platime.LLC, PMk store, Pranipat Handicrafts, Prettyus, PTVL-MC, Quagenix, Quangthanh Shop, quanzhoulvmomaoyiyouxiangongsi, Rajbhoomi_handicraft, RANJANACRAFT, Red flower101 and RENZHANGCOMPA added to case caption.

NEW PARTIES: Salih Tugan SATU, shiranya, Shrishyam_Enterprises90, SOH DISTRIBUTORS, Somukara, SouvenirsHub, StForLife, T BACH SHOP, Tanmeif, Thanhchung Shop, The Yellowline Store, thehandicraftworld, TlekkDo, Traditional Jaipur Exports, Unitedcraftart, VuongStore1, wangyihui888, WBA Distributor, Yalower, YankStore, YAVUZ UYAR LLC, yuvancrafts, yuzhoubaihuodian886 and ZHLshangdian added to case caption.

NEW PARTIES: Salih Tugan SATU, shiranya, Shrishyam_Enterprises90, SOH DISTRIBUTORS, Somukara, SouvenirsHub, StForLife, T BACH SHOP, Tanmeif, Thanhchung Shop, The Yellowline Store, thehandicraftworld, TlekkDo, Traditional Jaipur Exports, Unitedcraftart, VuongStore1, wangyihui888, WBA Distributor, Yalower, YankStore, YAVUZ UYAR LLC, yuvancrafts, yuzhoubaihuodian886 and ZHLshangdian added to case caption.

NOTICE of Voluntary Dismissal by Frida Kahlo Corporation Under Rule 41(a)(1)

NOTICE of Voluntary Dismissal by Frida Kahlo Corporation Under Rule 41(a)(1)

MOTION by Plaintiff Frida Kahlo Corporation for default judgment as to remaining defendants

MEMORANDUM by Frida Kahlo Corporation in support of motion for default judgment 30

Exhibit Defendants in Default

(Declaration Declaration of M. Werber ISO Motion for Default Judgement)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 30 for entry of default and default judgment against all remaining 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 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. Mailed notice.

CERTIFICATE of Service by Peter Krusiewicz on behalf of Frida Kahlo Corporation regarding order on motion for default judgment, text entry, 32, MOTION by Plaintiff Frida Kahlo Corporation for default judgment as to remaining defendants 30

NOTICE of Voluntary Dismissal by Frida Kahlo Corporation as to Certain Defendants

ATTORNEY Appearance for Defendant ForbiddenPaper by Christopher Paul Keleher

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

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Forbidden Paper's motion for extension of time 36 is granted. Defendant's responsive pleading is due by May 3, 2024. If the parties are able to reach a settlement before that date, the Court respectfully requests that Plaintiff file a stipulation of dismissal as promptly as possible. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendant Forbidden Paper. No other Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 30 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 $100,000 is an appropriate award of statutory damages. Enter separate partial default judgment order. Mailed notice.

ENTERED PARTIAL DEFAULT JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 4/15/2024. Mailed notice.

ATTORNEY Appearance for Defendants Custom creative gifts, Customize Your Own by Timothy Tiewei Wang

RESPONSE by Defendants Custom creative gifts, Customize Your Own to memorandum in support of motion 31

MINUTE entry before the Honorable Lindsay C. Jenkins: As to Defendants Customize Your Own and Custom creative gifts, the Order of Default is vacated. The Order remains in effect as to all other Defendants; Defendants Customize Your Own and Custom creative gifts' responsive pleading is due by May 3, 2024. If the parties are able to reach a settlement before that date, the Court respectfully requests that Plaintiff file a stipulation of dismissal as promptly as possible. Mailed notice.

full as to certain defendants SATISFACTION of Judgment in full as to certain defendants

SATISFACTION of Judgment as to certain defendants

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants Customize Your Own and Custom creative gifts' failed to file a responsive pleading by the May 3, 2024 deadline [42]. The Court requests a short status report from Plaintiff by May 9, 2024, indicating the status of the outstanding matters in the case, including when it intends to seek a default against the remaining two defendants. Mailed notice

STATUS Report Regarding Status of Outstanding Matters by Frida Kahlo Corporation

FULL SATISFACTION of Judgment as to Certain Defendants

NOTICE of Voluntary Dismissal by Frida Kahlo Corporation as to Certain Defendants

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed a dismissal with prejudice as to the remaining two Defendants Customize Your Own and Custom creative gifts. All matters having been resolved, this civil case is terminated. Mailed notice.

FULL SATISFACTION of Judgment as to Certain Defendants

FULL SATISFACTION of Judgment as to Certain Defendants

FULL SATISFACTION of Judgment as to Certain Defendants

FULL SATISFACTION of Judgment as to Certain Defendants

FULL SATISFACTION of Judgment as to Certain Defendants

FULL SATISFACTION of Judgment as to Certain Defendants

FULL SATISFACTION of Judgment as to Certain Defendant(s)

Full SATISFACTION of Judgment as to Certain Defendants