2024-cv-02329

COMPLAINT filed by Viacom International Inc., Paws, Inc.; Filing fee $ 405, receipt number AILNDC-21770814.

Exhibit 1

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SEALED EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Schedule A regarding complaint[1]

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. for Leave to File Certain Documents Under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Paws, Inc., Viacom International Inc.

Notice of Claims Involving Trademarks by Paws, Inc., Viacom International Inc.

ATTORNEY Appearance for Plaintiffs Paws, Inc., Viacom International Inc. by Martin Francis Trainor

ATTORNEY Appearance for Plaintiffs Paws, Inc., Viacom International Inc. by Richard M. Poskozim

ATTORNEY Appearance for Plaintiffs Paws, Inc., Viacom International Inc. by Sydney Paige Fenton

ATTORNEY Appearance for Plaintiffs Paws, Inc., Viacom International Inc. by Alexander Whang

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.)

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Paws, Inc., Viacom International Inc. in support of motion for miscellaneous relief[13]

Declaration of Martin F. Trainor

Exhibit 1

DECLARATION of Paul Varley regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Exhibit 3, Parts 1-46 regarding declaration[15]

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MOTION by Plaintiffs Paws, Inc., Viacom International Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Paws, Inc., Viacom International Inc. in support of motion for miscellaneous relief[17]

Declaration of Martin F. Trainor

Exhibit 1

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions [3], [13], [17] filed by plaintiffs Viacom International, Inc. and Paws, Inc., the supporting memoranda [14], [18], and the temporary restraining order, plaintiffs' motions for leave to file certain documents under seal [3], for electronic service of process [17], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13], are granted. Plaintiffs' 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 plaintiffs' interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiffs 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 plaintiffs 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 plaintiffs genuinely intend to pursue an accounting, but at this preliminary stage, plaintiffs have 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. Plaintiffs 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:

SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A (Text entry; no document attached.)

SURETY BOND in the amount of $ 10,000 posted by Viacom International Inc. (Document not scanned)

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to Extend the Temporary Restraining Order

MEMORANDUM by Paws, Inc., Viacom International Inc. in support of motion for miscellaneous relief[22]

Declaration of Martin F. Trainor

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO [22] 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 [20] entered on 3/27/24 is extended until 4/24/24.

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter

SEALED EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]

SUMMONS Returned Executed by Viacom International Inc., Paws, Inc. as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 4/19/2024, answer due 5/10/2024.

Declaration of Alexander Whang

Exhibit A

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Paws, Inc., Viacom International Inc. in support of motion for preliminary injunction[28]

Declaration of Martin F. Trainor

Exhibit 1

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter [25] is granted. Defendants No. 13 RoseandThistleUK, No. 16 Ellis Daniel, No. 17 Ivory Prints, No. 18 Miller Clark, No. 19 Murphy Dennis, and No. 27 ShopPajama are dismissed. Plaintiffs have already filed the amended Schedule A on the docket [26].

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiffs' motion for entry of a preliminary injunction [28]. The court has taken the motion for preliminary injunction, [28], under advisement and will consider the motion unopposed if no defendant appears and objects by 4/30/2024. Plaintiffs 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 Alexander Whang on behalf of Paws, Inc., Viacom International Inc.

Exhibit A

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction, [28]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [28] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 2 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 5/2/2024:

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 5/2/2024. Mailed notice.

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter

EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter, [36], is granted. Defendant No. 10 Dextrapede is dismissed. Plaintiffs have already filed the amended Schedule A on the docket, [37].

NEW PARTIES: Shenzhen Huaao Sports Technology Co., Ltd., Guangzhou Blue Sky Trading Co., Ltd., Beautiful World Toy Store, Er Mao Store, KuiLu Toy Store, beautifulworld888, AmelieHP, MascotandBag, rinzlershop, CaenumDea, Caold, KicksandGigglesDecor, RoseandThistleUK, SnoutfaceStudio, Undisputedprintshop, Ellis Daniel, Ivory Prints, Miller Clark, Murphy Dennis, SpotSound, Shenzhen Hongxinmei Technology Development, FurryMascot, Costume Party World, Dollmascot, KawaiiMerch, puertoricoshirt, ShopPajama, Cosplay&Ware Anime, Salelolita, Everything-Hollywood, pixooffset, Unifinz, vstormshop, Maxspeed Group Co., Ltd, Shenzhen Happy Walk Co., Ltd., Sinooceantrade Co., Ltd., Wenzhou 360 Inflatable Co., Ltd., Yantai Waha Inflatable Co., Ltd., DavDavies, Greg Stephens, LyDa, MohameKhalil, Abderrah89, amressam96, Antonio009, DesignerRoha, Funkii2, Helenkepler, JaysonDS, LuisPortoRico, ShopBK6, Steelcrows, TayArtD, Mascots REDBROKOLY / BIGGYMONKEY / SPOTSOUND, CHASITY OXENDINE, Fallbrook Church, jiangjiajun8974, McDonald all, mcphineerf, ondrickaedythe7, piprintondemand, Sgchvhcjvhbgnhbjvbvv, stiedemannjose, cuiyaoa, FashionLYHB, hutianhuijl and kengdez added to case caption. Terminating The Partnerships And Unincorporated Associations Identified On Schedule A (Text entry; no document attached.)

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter

EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for leave to amend Schedule A to the complaint instanter, [39], is granted. Defendant No. 29 Salelolita is dismissed. Plaintiffs have already filed the amended Schedule A on the docket, [40].

MOTION by Attorney Richard Poskozim to withdraw as attorney for Paws, Inc., Viacom International Inc. No party information provided

ORDER Signed by the Honorable Martha M. Pacold on 5/15/2024: Plaintiffs' motion to withdraw the appearance of Richard Poskozim [42] is granted. Richard Poskozim is terminated. Mailed notice.

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter

EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter

EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motions for leave to amend Schedule A to the complaint instanter, [44]; [46], are granted. Defendants No. 32 Unifinz, No. 2 Guangzhou Blue Sky Trading Co., Ltd., and No. 24 Dollmascot are dismissed. Plaintiffs have already filed an amended Schedule A form on the docket, [47]. By 6/3/24, plaintiff should file a status report with an update on the status of this case.

STATUS Report by Paws, Inc., Viacom International Inc.

Exhibit A

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter

EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter

EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. to amend/correct Schedule A to the Complaint Instanter

EXHIBIT by Plaintiffs Paws, Inc., Viacom International Inc. Amended Schedule A regarding complaint[1]

MOTION by Plaintiffs Paws, Inc., Viacom International Inc. for entry of default, MOTION by Plaintiffs Paws, Inc., Viacom International Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Paws, Inc., Viacom International Inc. in support of motion for entry of default, motion for default judgment, [56]

Exhibit 1

Exhibit 2

DECLARATION of Martin F. Trainor regarding memorandum in support of motion[57]

Exhibit 1

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motions for leave to amend Schedule A to the complaint Instanter, [50]; [52]; [54], are granted. Defendants No. 9 rinzlershop, No. 25 KawaiiMerch, and No. 34 Maxspeed Group Co., Ltd. are dismissed. Plaintiffs have already filed the amended Schedule A on the docket. [55]. Mailed notice.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has responded to plaintiffs' motion for entry of default and default judgment, [56]. The motion, [56], 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 the default, plaintiffs have established that the infringement was willful, that damages should be awarded in the amount of up to $600,000 per defendant ($100,000 for plaintiffs' claims of copyright infringement, and $500,000 for plaintiffs' claims of trademark infringement, as set out in Schedule A), and that a permanent injunction should be entered. Plaintiffs have shown that the infringement of their copyrights and trademarks causes them irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiffs' reputations, 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 the hardships favors an injunction. The ten-thousand-dollar ($10,000) surety bond posted by plaintiffs is hereby released to plaintiffs' counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiffs' counsel, TME Law, P.C., 10 S. Riverside Plaza, Suite 875, Chicago, IL 60606. Enter Default Final Judgment Order. Terminate civil case. Mailed notice.

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 8/23/2024. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA.