2024-cv-02318

COMPLAINT filed by Eicher Motors Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-21768961.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by John Wilson

MOTION by Plaintiff Eicher Motors Limited to seal document Plaintiff's Motion for Leave to File Under Seal

SCHEDULE A by Plaintiff Eicher Motors Limited Sealed Schedule A Modified on 5/9/2024.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Heather K. McShain. 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.

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's Motion for Leave to File Under Seal 7 is granted. Mailed notice.

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

(Exhibit 1)

SCHEDULE A by Plaintiff Eicher Motors Limited Sealed Schedule A Modified on 5/9/2024.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

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

MOTION by Plaintiff Eicher Motors 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 Eicher Motors Limited in support of motion for temporary restraining order, 16

Declaration Ribchester Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

EXHIBIT PART 1 by Plaintiff Eicher Motors Limited Exhibit 2 Part 1 of Ribchester Declaration Modified on 5/9/2024.

EXHIBIT 2 PART 2 by Plaintiff Eicher Motors Limited Exhibit 2 Part 2 of Ribchester Declaration Modified on 5/9/2024 (nsf,)

EXHIBIT 2 PART 3 by Plaintiff Eicher Motors Limited Exhibit 2 Part 3 of Ribchester Declaration Modified on 5/9/2024.

EXHIBIT 2 PART 4 by Plaintiff Eicher Motors Limited Exhibit 2 Part 4 of Ribchester Declaration Modified on 5/9/2024.

EXHIBIT 2 PART 5 by Plaintiff Eicher Motors Limited Exhibit 2 Part 5 of Ribchester Declaration Modified on 5/9/2024.

EXHIBIT 2 Part 6 by Plaintiff Eicher Motors Limited Exhibit 2 Part 6 of Ribchester Declaration Modified on 5/9/2024.

EXHIBIT 2 PART 7 by Plaintiff Eicher Motors Limited Exhibit 2 Part 7 of Ribchester Declaration Modified on 5/9/2024.

EXHIBIT 2 PART 8 by Plaintiff Eicher Motors Limited Exhibit 2 Part 8 of Ribchester Declaration Modified on 5/9/2024.

EXHIBIT 2 PART 9 by Plaintiff Eicher Motors Limited Exhibit 2 Part 9 of Ribchester Declaration Modified on 5/9/2024.

EXHIBIT 2 PART 10 by Plaintiff Eicher Motors Limited Exhibit 2 Part 10 of Ribchester Declaration Modified on 5/9/2024.

EXHIBIT 2 PART 11 by Plaintiff Eicher Motors Limited Exhibit 2 Part 11 of Ribchester Declaration Modified on 5/9/2024.

EXHIBIT 2 PART 12 by Plaintiff Eicher Motors Limited Exhibit 2 Part 12 of Ribchester Declaration Modified on 5/9/2024.

Notice of Claims Involving Trademarks by Eicher Motors Limited

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte telephone conference held on 4/9/2024. Transcript is to remain sealed. Motion to exceed page limitation 15 is granted. 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 16 is granted. Mailed notice.

Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 4/9/2024. Mailed notice. Modified on 5/9/2024.

SURETY BOND in the amount of $212,000 posted by Eicher Motors Limited. (Document not scanned)

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

MINUTE entry before the Honorable Thomas M. Durkin: Ex Parte Motion to Extend the Temporary Restraining Order 34 is granted. The Temporary Restraining Order entered on 4/9/2024 is extended for a period of fourteen (14) days to and including 5/7/2024. Mailed notice.

MOTION by Plaintiff Eicher Motors Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 20-58 and 124-212

MEMORANDUM by Eicher Motors Limited in support of motion for preliminary injunction 36

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 36

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

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 36 is set for 5/7/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Eicher Motors Limited

SUMMONS Returned Executed by Eicher Motors Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 5/3/2024, answer due 5/24/2024.

MINUTE entry before the Honorable Thomas M. Durkin: Telephone conference held on 5/7/2024. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 36 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Plaintiff's Schedule A to the Pleading(s) [8, 12], Exhibit 2 to the Declaration of Darren Ribchester [18-29], and the TRO 32. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Term inate_Instructions.pdf. Telephone status hearing is set for 6/6/2024 at 9:00a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jn,)

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 5/7/2024. Mailed notice.

NEW PARTIES: ZamiyahYarborough, Yunnapretty, Vivaldiwatson, Violeta Hlyva, TracyShirley, TOxYIC, Sympathetic_Briny, Snakemalaysia, ShayleeDMaynard, SelahDDalton, Rene-Substantive, Rajnish Kumar, ParwaanEmporium, ParwaanEmpor, Nepali Cheri, NatureSupplyCompany, Nada Suave, MysticGemBij, murph2847598, MohammadDMahoney, Michael Kennedy, matildabernice, MathiasDHanna, LeonidasDHernandez, LeonDSantos, JaysonDStrong, Il Byk, Ilan Haber, Ian Austin, HudsonDZhang, Grace Yang, GhostHorseGifts, GaryfRussell, Garrickfusion, Eric Gardner, Drucill Pumper, Dinesh Kumar, Dimitar Dimitrov, Deepak Yadav, Dean Jackson, Dean j Meniktas, DavinDDuncan, Darren Cox, Claudio Souza, Claudia Carolina Casasa, CitlaliBroussard, CHUNNIESHOP, ChristopherWindisch, Christopher Marshall, Chris Rose, Chris Peterson, CasuallyMade, Carlos Mendez, BrynleeDRoth, Brian Wright, Brian Wallace, Avinash Kumar, ActiveDesignTX, aaronkeaganoili, zhijin Store, xue04 Store, xianstore01 Store, wuguyufen Store, trevorbella Store, tobiasharris Store, tie02 Store, sodatx Store, shacksla Store, saucy Store, ryananderson Store, rodneyvina Store and piao04 Store added to case caption.

NEW PARTIES: ogstuff Store, normalovely Store, niao03 Store, milknew Store, lu01 Store, grantwilla Store, granthill Store, elegantmusk Store, dou003 Store, cong04 Store, chuancai Store, byuild, bvkdx Store, breeches Store, ancient88 Store, ai837 Store, ai828 Store, ZUXIAO Store, ZRIHE MO-TO Accessories Store, YOWLING RACINGBIKE Store and Yolo Moto Store added to case caption.

NEW PARTIES: Womendi Store, Victor Store, Two Eight Shiny Store, TurboMoto Store, TrulyLazy WishShape Store, STONE MOTOR Store, Silly Cat Seven Seven Store, Shop1103508045 Store, Shop1103493007 Store, Shop1103434354 Store, Shop1103378117 Store, Shop1103329371 Store, Shop1103265222 Store, Shop1103209681 Store, Shop1103206322 Store, Shop1103140629 Store, Shop1102962749 Store, Shop1102946053 Store, Shop1102935310 Store, Shop1102927825 Store, Shop1102888774 Store, Shop1102881203 Store, Shop1102855796 Store, Shop1102824090 Store, Shop1102817574 Store, Shop1102817012 Store, Shop11028000146 Store, Shop1102701147 Store, Shop1102677247 Store, Shop1102420478 Store, Shop1102000132 Store, Shop1100191221 Store, ReadyLazy Design Store, Qiuhuang Aurora Store, Printed Bikini Store, PP Car Accessories Store, Moto HY Store, Men Trendy Clothing Store, Lucky One Store, Lucky Clothes Store, Light Years Store, Lee Motorcycle Accessories Store, Koris Store, KAmoto Store, JusticeThreads Store, Huamoto Store, Happy Shopping Apparel Store, Good Reputation Hat Store and GL-Print Store added to case caption.

NEW PARTIES: GEKONG Store, FPY Store, Dorara Fashion Store, DB Wei Store, CPT Underwear Store, CHAMPRINT Apparel Official Store, BZCNC MOTOR Store, Bravo Moto Store, BATKING Motorcycle Accessories Store, A Zhong Store, A Rare Nova Store, visa-7584, shan6221, ranggaken776, linyun35, jopr8210, joko922, frogman58, cutepoisonuk, claymorejackets, alham772, 6439johnp, Virginia Pierleoni, TMDesignStudioUS, Susabellas, Spain Akan, Reserve Pierette, rereikdesign, MemorableParty66, MargueriteMuller, Kevin Lofton, KatelynnDHardin, Jenulevich, InsideDeShop, Eva Ma, EmeryDNelson, EdwardsandDa, DaviFischer, Daemontown, CuTeesCustonShirts, Cristiano Pereira, Chris Richards, Brian Butler, BlazeDFleming, AmelieDTapia, AmelieDBlackwell, AdrienDDeleon, xailiang Store, supernine Store, dominiqueny Store, XMBAIW Store, Shop1103481487 Store, Shop1103436807 Store, Shop1103153131 Store, Shop1102984034 Store, Shop1102964250 Store, Shop1102937295 Store, Shop1102826860 Store, Shop1102820527 Store, Shop1102719761 Store, Shop1102300575 Store, Shop1102300500 Store, Ronxmor Super Riding Store, Rainy Season Store, R QIANKONG ONEBIKE Store, Kubo Premium Store, Freedom Knight Store, DIY Custom Made LEDP Store and Cute Cat Six Six Store added to case caption.

NEW PARTIES: YO-YO Store added to case caption.

RESPONSE by Movant John Price. (Received via pro se email on 5/11/24.)

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff is to respond to Mr. Price's response 44 by 5/17/2024. Mailed notice.

CERTIFICATE of Correspondence

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 6/6/2024. No one appeared on behalf of defendants. Plaintiff anticipates filing a motion for preliminary injunction. A telephone motion hearing will be scheduled once the motion is filed. Mailed notice.

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Plaintiff Eicher Motors Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-19 and 59-123

MEMORANDUM by Eicher Motors Limited in support of motion for preliminary injunction 49

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 49

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 49 is set for 6/12/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 6/12/2024. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-19 and 59-123 49 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Plaintiff's Schedule A to the Pleading(s) [Dkt. No(s). 8, 12], Exhibit 2 to the Declaration of Darren Ribchester [Dkt. Nos. 18-29], and the TRO [Dkt. No. 32]. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 7/11/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 6/12/2024. Mailed notice.

SUMMONS Returned Executed by Eicher Motors Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/7/2024, answer due 6/28/2024.

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 7

MOTION by Plaintiff Eicher Motors Limited for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A

(Exhibit Amended Schedule A)

MEMORANDUM by Eicher Motors Limited in support of motion for default judgment, 57

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 57

EXHIBIT by Plaintiff Eicher Motors Limited Hierl Exhibit 1 regarding declaration 59

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 7/11/2024 is vacated. A telephone hearing as to the motion for default judgment 57 is set for 7/16/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 7/16/2024. No one appeared on behalf of defendants. For the reasons stated on the record, the motion for default judgment 57 is granted. Enter order. Civil case terminated. Mailed notice.

DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 7/16/2024. Mailed notice.

SATISFACTION of Judgment