2024-cv-02326

COMPLAINT filed by Leatherman Tool Group, Inc.; Filing fee $ 405, receipt number AILNDC-21770579.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Leatherman Tool Group, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Leatherman Tool Group, Inc. for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Leatherman Tool Group, Inc.

Notice of Claims involving Trademarks by Leatherman Tool Group, Inc.

ATTORNEY Appearance for Plaintiff Leatherman Tool Group, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Leatherman Tool Group, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Leatherman Tool Group, Inc. by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Leatherman Tool Group, Inc. by Luana Faria De Souza (Faria De Souza, Luana)

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2).

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Leatherman Tool Group, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Leatherman Tool Group, Inc. 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

Exhibit 3

Exhibit 4

DECLARATION of Doug Anderson regarding memorandum in support of motion[14]

Exhibit 1

SEALED EXHIBIT by Plaintiff Leatherman Tool Group, Inc. Exhibit 2 - Parts 1-5 regarding declaration[16]

MOTION by Plaintiff Leatherman Tool Group, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Leatherman Tool Group, Inc. in support of motion for miscellaneous relief[18]

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

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Andrea R. Wood: 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 13, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 18 are set for a telephonic motion hearing on 4/3/2024 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

ATTORNEY Appearance for Plaintiff Leatherman Tool Group, Inc. by Thomas Joseph Juettner

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing set for 4/3/2024. For the reasons stated on the record, 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 [13], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [18] are taken under advisement. Telephonic status hearing set for 4/17/2024 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 Andrea R. Wood: 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 13, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 18 are granted. Enter Sealed Temporary Restraining Order. The Clerk's Office is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 2, and (2) Exhibit 2 - Parts 1-5 17. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:00 a.m. on 4/17/2024 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 4/17/2024 is stricken and reset for 5/1/2024 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 4/17/2024. Mailed notice

Registry Deposit Information Form by Leatherman Tool Group, Inc.

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

SURETY BOND in the amount of $ 10,000 posted by Leatherman Tool Group, Inc.

MOTION by Plaintiff Leatherman Tool Group, Inc. for preliminary injunction as to Certain Defendants

(Exhibit A)

MEMORANDUM by Leatherman Tool Group, Inc. in support of motion for preliminary injunction 28

Declaration of Kahlia R. Halpern

(Exhibit 1)

SUMMONS Returned Executed by Leatherman Tool Group, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/26/2024, answer due 5/17/2024.

Declaration of Luana Faria de Souza

(Exhibit A)(Faria De Souza, Luana)

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of a preliminary injunction as to certain defendants [28] will be heard at the telephonic hearing set for 5/1/2024 at 9:15 AM. Any person wishing to be heard on the motion shall file an appearance and contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 Andrea R. Wood: Telephonic status and motion hearing held on 5/1/2024. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction as to certain defendants 28 is granted. Enter Preliminary Injunction Order as to Defendant nos. 2-59. The Temporary Restraining Order expires on its own terms as to Defendant no. 1. The Clerk's Office is directed to unseal: (1) Schedule A to the complaint 2, (2) Exhibit 2 - Parts 1-5 17, and (3) the sealed temporary restraining order 25. Plaintiff's counsel is ordered to add ALL Defendant names listed in the 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. Telephonic status hearing set for 6/18/2024 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 Andrea R. Wood on 5/1/2024. Mailed notice

NEW PARTIES: Shenzhen Sunrise Metal Industry Co., Ltd., A1VEMJJJEN4EWU, A2HRHCV92RLIMP, A3MF1NY3JWT9ED, BaiFengGe, bdhrez, Boutique department stores001, candisea, changjinlong, chengdeaidaxinyuanshangmaoyouxiangongsi, dixiashibaihuodian, FEIYSHOP, GIORGIO CAPACHINI, GuangZhouFengSiShangMaoYouXianGongSi, guilinshidiecaiquyiyunriyongbaihuodian, gwzdd, Hahushan Department Store, hefeikengchenzhaidianzishangwuyouxiangongsi, hengshuishipuyunpangshangmaoyouxiangongsi, hengshuixiayamaoyiyouxiangongsi, HongDongXianChaHongKeShangMaoYouXianGongSia, hongdongxianshaofangkejiyouxiangongsi, huaneixinbaihuoshanghang, jia yi bai huo, JuMeiWangLuo, Justin's Life Shop, linsang store, liuyanyingstore, LOVE MAX, MA8QPU8A62, Miaogao, MuZiFang, Nilongdeyu, Qiyicheng Shop, royallove1, SFJAOI, ShanHuSha, shijiazhuanggenshawenhuachuanboyouxiangongsi, unique heartbeat, Xiaobindedian, XIAOCAO1112, XIAODIAN SHOP, XNXNXN, yangjiangdelaiqifashangmaoyouxiangongsiyouzq, yongjiqixiaobaihuoyouxiangongsi, yueChenXin, Yuncheng yanhu district senxingle department store, yunchengshiyanhuquchenjiabaihuoshanghang, yyt080, ZhanChen, ZhangXianXinfghj, zhouyen, cimprover, iv14, mo60, mrsmoking, tphk, wizb and uyhjsf-57415 added to case caption.

SUMMONS Returned Executed by Leatherman Tool Group, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/15/2024, answer due 6/5/2024.

Declaration of Luana Faria de Souza

(Exhibit A)(Faria De Souza, Luana)

NOTICE of Voluntary Dismissal by Leatherman Tool Group, Inc. as to certain defendants

MOTION by Plaintiff Leatherman Tool Group, Inc. for entry of default, MOTION by Plaintiff Leatherman Tool Group, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Leatherman Tool Group, Inc. in support of motion for entry of default, motion for default judgment 36

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 37

(Exhibit 1)

ATTORNEY Appearance for Plaintiff Leatherman Tool Group, Inc. by Trevor Christian Talhami

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 6/18/2024 and continued to 7/2/2024 at 9:00AM. No defendant appeared. Plaintiff's motion for default and default judgment 36 is taken under advisement. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call- in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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,)

***Telephonic status hearing set for 7/2/2024 at 9:00 AM.

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 7/2/2024 is stricken and reset for 8/8/2024 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call- in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 Andrea R. Wood: Plaintiff's motion for entry of default judgment 36 is granted. Specifically, after a hearing on 6/18/2024 and having considered Plaintiff's motion and supporting materials, the Court grants Plaintiff's request for entry of default and default judgment as to Defaulting Defendants. None of Defaulting Defendants timely answered or otherwise appeared and therefore entry of default pursuant to Fed. R. Civ. P. 55(a) is appropriate. "The basic effect of an entry of default. is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true." VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (internal quotation marks omitted).With respect to monetary relief, Plaintiff requests an award of $500,000 in statutory damages under 15 U.S.C. § 1117(c)(2) against each Defaulting Defendant. A plaintiff in a case involving the use of a counterfeit mark may elect to seek statutory damages in the amount of: (1) not less than $1,000 or more than $200,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or (2) if the court finds that the use of the counterfeit mark was willful, not more than $2,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just. 17 U.S.C. § 1117(c). The Court finds that Defaulting Defendants' infringing conduct was willful. With In determining the amount of statutory damages to award in this case, the Court has considered the difficulty or impossibility of proving actual damages, the circumstances of the infringement, the efficacy of the damages as a deterrent to future infringement, the value of the Plaintiff's brand and its efforts to protect the brand, and the extent or profitability of the Defaulting Defendants' wrongful activities. In addition, the Court has considered the amounts of statutory damages requested and awarded in similar cases. Based on these factors, the Court awards Plaintiff $500,000 per Defaulting Defendant. Enter Default Judgment Order. As all claims as to all Defendants have been resolved, this case will be closed. The telephonic status hearing set for 8/8/2024 is stricken. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 7/31/2024. Mailed notice

MAILED Trademark report with certified copy of minute order dated 07/31/2024 to Patent Trademark Office, Alexandria, VA.

NOTICE of Removal of Material from the Custody of the Clerk's Office : Doc. #27 Surety Bond in the amount of $10,000 by John Summerfield of Greer, Burns & Crain, Ltd. (Received by Intake Counter on 10/29/24).