2024-cv-02317

COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-21768911.

Exhibit 1

Exhibit 2 Part 1

(Exhibit 2 Part 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by John Wilson

MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Grumpy Cat Limited

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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.)

MOTION by Plaintiff Grumpy Cat Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Grumpy Cat Limited for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Grumpy Cat Limited in support of motion for temporary restraining order, 11

Declaration Bundesen Declaration

Exhibit 1

Exhibit 2 Part 1

Exhibit 2 Part 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 1 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 2 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 3 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 4 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 5 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 6 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 7 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 8 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 9 of Bundesen Declaration

Notice of Claims Involving Trademarks by Grumpy Cat Limited

MAILED copyright report to Registrar, Washington DC

Exhibit Copyright exhibits

(Exhibit Copyright exhibits)

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions 7, 10, 11 filed by plaintiff Grumpy Cat Limited, the supporting memorandum 12 and the temporary restraining order, plaintiff's motions for leave to exceed page limitations 10, for leave to file certain documents under seal 7 and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 11 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and the offering of products for sale into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, 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 revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/27/2024:

SURETY BOND in the amount of $ 10,000 posted by Grumpy Cat Limited. (Document not Imaged)

MOTION by Plaintiff Grumpy Cat Limited for leave to file Motion for Leave to File Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 28 is granted. Defendant No. 39 Joybuy is dismissed without prejudice, with each party to bear its own fees and costs. By 4/9/24, plaintiff should file the amended Schedule A form on the docket.

MOTION by Plaintiff Grumpy Cat Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 31 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO 27 entered on 3/27/24 is extended until 4/24/24.

Amended Schedule A by Grumpy Cat Limited

MOTION by Plaintiff Grumpy Cat Limited Plaintiff's Motion to Substitute Defendant and Leave to File Amended Complaint

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to substitute defendant and for leave to file an amended complaint 34 is granted. Under Rule 15(a)(2), plaintiff is granted leave to amend the pleadings to add "Shenzhen Hongji supply chain Co., LTD" as a defendant in place of the recently dismissed Defendant No. 39 "Joybuy." See 30 ; 33. By 4/17/24, plaintiff should file any amended pleadings on the docket.

AMENDED complaint by Grumpy Cat Limited against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Amended Schedule A)

MOTION by Plaintiff Grumpy Cat Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Grumpy Cat Limited in support of motion for preliminary injunction 37

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 37

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Text entry; no document attached.)

SUMMONS Returned Executed by Grumpy Cat Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/19/2024, answer due 5/10/2024.

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction, 37. The court has taken the motion for preliminary injunction, 37, under advisement and will consider the motion unopposed if no defendant appears and objects by 4/30/2024. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's order entering the TRO, the TRO is 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). To the extent 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.

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Grumpy Cat Limited

ATTORNEY Appearance for Defendant 2reasons by Tianyu Ju

MOTION by Defendant 2reasons for extension of time to file response/reply as to motion for preliminary injunction 37

MINUTE entry before the Honorable Martha M. Pacold: The motion for extension of time filed by defendant No. 81 2reasons, 44 is granted. Defendant 2reasons's response to plaintiff's motion for a preliminary injunction 37 is due by 5/14/2024.

ATTORNEY Appearance for Defendant 2reasons by Ruoting Men

MOTION by Plaintiff Grumpy Cat Limited Plaintiff's Motion for Leave to File an Amended Schedule A, MOTION by Plaintiff Grumpy Cat Limited for leave to file

ATTORNEY Appearance for Defendants Julianne-US, KnowStore, Wangmowal, QuanlijingWAL by Timothy Tiewei Wang

MOTION by Defendants Julianne-US, KnowStore, QuanlijingWAL, Wangmowal for extension of time to file answer regarding complaint 1

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended schedule A, 47, is granted. Defendants No. 70 pamoeletech, No. 73 samuraisoul142142, No. 87 BeiKeCHang, No. 89 bingxqiso, No. 94 Cabbage shop, No. 111 FKZ Store, No. 113 GiftGoGo, No. 119 Handmade Customized Gifts, No. 123 HKDHVK, No. 135 Japan E-trade Online, No. 137 Jiangtian Co., Ltd., No. 153 LIVE,Inc., No. 159 NKBOT, No. 160 NO WHY, No. 165 Premages, No. 169 Qingsec, No. 170 Qiongfei, No. 174 QiYunShan07, No. 185 Sign Emperortin, No. 186 SIGN UP, No. 190 SOSRUR, No. 224 ZeRuiHotLive, No. 225 zhanghailili, No. 243 Kironypik, No. 245 Magical Rainbow, No. 249 putiantuoleiduoshangmaoyouxiangongsi, No. 251 SOTNDA Co. Ltd, No. 252 STONCEL Home Department Store, and No. 253 Wovilon are dismissed. By 5/20/24, plaintiff should file the amended schedule A on the docket. By 5/20/24, plaintiff should also submit to the court's proposed order inbox, proposed_order_pacold@ilnd.uscourts.gov, a revised proposed order on plaintiff's motion for preliminary injunction, 37.

MINUTE entry before the Honorable Martha M. Pacold: The unopposed motion to extend deadline to answer or otherwise respond filed by defendants No. 140, Julianne-US, and No. 144 KnowStore, 49, is granted. These defendants should answer or otherwise respond to the complaint by 5/31/24. The court notes that the motion was also filed by entities named "Wangmowal," and "QuanlijingWAL," but that those entities do not appear to be listed as defendants on Schedule A to the complaint.

ATTORNEY Appearance for Defendants BAIBAIJINGJING, JIANJIANKANGKANG by Timothy Tiewei Wang

MOTION by Defendants BAIBAIJINGJING, JIANJIANKANGKANG for extension of time to file answer regarding complaint 1

RESPONSE by 2reasonsin Opposition to MOTION by Plaintiff Grumpy Cat Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 37

Declaration Decl. of Takemura

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Martha M. Pacold: Defendants BAIBAIJINGJING and JIANJIANKANGKANG's unopposed motion to extend deadline to answer or otherwise respond 53 is granted. Defendants BAIBAIJINGJING and JIANJIANKANGKANG to answer or otherwise plead to plaintiff's complaint by 5/31/24.

MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant 2reasons' response in opposition to plaintiff's motion for preliminary injunction, 54. Plaintiff's reply to the motion for preliminary injunction, 37 is due by 5/22/2024.

Amended Schedule A by Grumpy Cat Limited

Notice of Settlement by Grumpy Cat Limited

MINUTE entry before the Honorable Martha M. Pacold:In light of plaintiff's notice of settlement with defendant 2reasons, plaintiff's deadline to reply to defendant 2reasons's opposition to plaintiff's motion for a preliminary injunction, see 56, is stricken. By 6/14/24, plaintiff and defendant 2reasons should confer and file a joint status report, unless plaintiff moves for leave to amend the schedule A form to dismiss defendant 2reasons before that date.

STATUS Report Joint Status Report by Grumpy Cat Limited

MINUTE entry before the Honorable Martha M. Pacold: By 8/28/24, plaintiff is directed to file a status report with an update on the status of this case. The status report should include an update on the status of plaintiff's settlement with defendant 2reasons, should address the status of any defendants who have appeared, and should address whether plaintiff intends to move for entry of default and default judgment. Mailed notice.

MOTION by Plaintiff Grumpy Cat Limited for leave to file Motion for Leave to File Amended Schedule A

STATUS Report Joint Status Report by Grumpy Cat Limited

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A, 62, is granted. Defendant No. 8 "montering-08," Defendant No. 10 "prassooryaw_0," Defendant No. 44 "Yy' choice Co.Ltd," Defendant No. 47 "GiDiProtea," Defendant No. 58 "Japan_atmarket," Defendant No. 80 "yethe1971_87," Defendant No. 81 "2reasons," Defendant No. 83 "Aigori," Defendant No. 100 "Cold Frog," Defendant No. 104 "DamTma," Defendant No. 107 "enmoo," Defendant No. 116 "guangzhouwuxiangshangmaffffffffffff," Defendant No. 125 "Holy Spirit," Defendant No. 140 "Julianne-US," Defendant No. 144 "KnowStore," Defendant No. 147 "LICOMERCE STORES," Defendant No. 155 "LynaRei," Defendant No. 161 "NTACAN STORE," Defendant No. 162 "NTL Craft Store," Defendant No. 201 "TsyTma," Defendant No. 228 "zhijiangshitanchishangmaoyouxiangongsi," and Defendant No. 244 "Langle LLC" are dismissed with prejudice, with each party to bear its own attorney's fees and costs. Plaintiff should file an amended Schedule A on the docket by 9/4/2024. By 9/4/2024, plaintiff should also submit a revised proposed order on plaintiff's motion for preliminary injunction, 37.

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report, 63. By 10/4/2024, plaintiff should file a status report with an update on the status of any defendants who have appeared and with an update on the status of how plaintiff seeks to proceed in this case.

Amended Schedule A by Grumpy Cat Limited

MOTION by Plaintiff Grumpy Cat Limited for leave to file Motion for Leave to File Amended Schedule A

STATUS Report Joint Status Report by Grumpy Cat Limited

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [67] is granted. Defendants No. 156 MissDaisy-Direct and No. 164 Ping Pong are dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff is directed to file the amended Schedule A on the docket by 10/11/2024.

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the status report [68]. Plaintiff should file an updated status report by 11/5/2024 unless a motion for default has been filed before that date.

Amended Schedule A by Grumpy Cat Limited

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Grumpy Cat Limited

MOTION by Plaintiff Grumpy Cat Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Grumpy Cat Limited for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Grumpy Cat Limited in support of motion for default judgment 74

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 74

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to exceed page limitation 73 is granted. Any defendant objecting to plaintiff's motion for entry of default and default judgment, 74, must enter an appearance and file a written objection by 11/15/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Grumpy Cat Limited

ORDER: No remaining defendant has responded to plaintiff's motion for default and default judgment, 74. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $100,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks and copyrights cause it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise. Thus, the court also finds that the balance of hardships favors an injunction. The $10,000 surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of Court is directed to return the surety bond previously deposited with the Clerk of Court to plaintiff's counsel, Hughes, Socol Piers Resnick & Dym, Ltd. All pending motions are denied as moot. Enter final judgment. Civil case terminated. Signed by the Honorable Martha M. Pacold on 11/26/2024. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 11/26/2024. Mailed notice

SATISFACTION of Judgment