2024-cv-02614

COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-21807151.

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 John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. 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.

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

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 10 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 11 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 12 of Bundesen Declaration

Notice of Claims Involving Trademarks by Grumpy Cat Limited

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 7, motion to exceed page limitation 10, and ex parte motion for a temporary restraining order, which includes a motion for electronic service of process 11, are granted in part. Plaintiff's submissions (e.g., Dkt. 12-1 1015) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 8, and 13 24. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks and copyrighted work(s) to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit and infringing goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. 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 several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. The disabling of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/5/2024. Mailed notice.

SURETY BOND in the amount of $ 10,000.00 posted by Grumpy Cat Limited. (Document not imaged) (Received at the Intake Counter on 06/11/2024.)

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 John F. Kness: Plaintiff's Motion to extend TRO 30 is granted. Enter separate order. Mailed notice.

ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/14/2024. Mailed notice.

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

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

MEMORANDUM by Grumpy Cat Limited in support of motion for preliminary injunction 33

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 33

SUMMONS Returned Executed by Grumpy Cat Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/27/2024, answer due 7/18/2024.

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 33 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith 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 on or before 7/8/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders 27 32 entering and extending the temporary restraining order ("TRO"), as well as in Plaintiff's earlier motion 30 to extend the TRO, the TRO is further 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). 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

CERTIFICATE of Service by John Wilson on behalf of Grumpy Cat Limited

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 33 is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff 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 or infringing goods. Plaintiff has also certified and established 36 38 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, despite the Court having provided 37 the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any and all previously-sealed documents. Mailed notice.

PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/9/2024. Mailed notice.

NEW PARTIES: wtvv Store, vefp Store, summm_wholesale Store, sherry168 Store, s9sa Store, rogd Store, n3wa Store, mvdh Store, k9fu Store, hzma Store, hxkl Store, h4mf Store, guan10 Store, fhds Store, wangze52930, tur323783, trumangaylord, sourisack chansomphou, SellEverythings, Qinlu-11, pianpiancai, phuchung, nijuan0735, Marilyn Walker, mahua Store, lixiaoyingg, LIULANLAN777, l8l8l8lZ, jkdsjsdifs, IKOHJOLISDH, hshdhd, goodflaghat, gffnxgndrdr, Francisco Dupre, zarajaku, zakysiro, zachau, ysuryantini21, xzher, WuzzTees, wuodie, wisnuta1979, wenne and wangsulane added to case caption.

NEW PARTIES: vazqdiogok, toniisteinmeyer, TawanaTrina, Talans, StyleSaga, steffenkeller, SKYLA_Design, shirtvers, semakins, Salmanaz, saktimandragunata, rytaspichel2, robertsfriassyw, Raffiti, pueloxnk, Pudge, phongtran, papoui, palcem, nissanksreifyz, NicolePaige, nataliecart, nagaririnanta, mohtotusiyof, minaaaa, mefitberlimc, mebusq, MDK ART, Mcrae Fife, luensdynea, luantruong, LORITEPHENS, ledecrg, laliwayah, kuyakinisemua, KristinLin, KriKoGo, Julie Kubiszewski, JohnsonMargaret, jerichofremin, jagato, ivankamarcop, IrfanChaudhry, indriacovii, igun, iconshop, galicac, farukgalama, evelettsuchanek and eshopteeshirt added to case caption.

NEW PARTIES: ekingiga, eegarzz, eduely, DwayneNeal, Delicous, dannyshop, custom-designs, Costom, consumebloated, ChantuWayer, BRIANKWAYNE, booyyungug, Black and Pink, bgunasejahtera, beharst, Barfield Pulley, bakshfodi, BadauDesign, asenj, artefact33, ANTHONYHOMAS, Ami Januar, Almazov, Ali90, afafeetulv, AFA DESIGNS, adayskoulosh, Shenzhen Tuliang Trading, Rizhao Guanlin Import & Export, Haikouqiuyindadianzishangwuyouxiangongsi, W_wenlan001, niang juan785, linsuruo9833, Lianglili1984, yudyud, Willie Hamilton, WadeJayAdams, Vanity Asevedo, VALERIECAMELIATAYLOR, uncleodon, treyingiscuwo, toweryen, TinaMarieJensen, ThomasBoard, Teresa90, tarryzfg, TammyPolk, sweemybhodum, sutruong and stadebar added to case caption.

NEW PARTIES: SHARIEAGREGORY, SERGIOALBERTOTRINCADO, sennsi, sengul, scoreboarddual, scherichus, sbm052017, sandraknop, sakatlar, rujukneh, RobMccrary, RobinNeels, RickyTidball, rendratedjo, PhillipGallagherTribble, PaulWilson, pappsou, nhiena, Nguyen, natabahari, narayatees, miyucapy, MicheleLynnDonnell, MICHAELKTERRY, MaryKathleenMoffatt, MARYDURANTWILLIAMS, malditkap, LYNDASTAUFFERWOODRING, Littl1989, LestariSri, lathern, lanzot, KimberlyFiolek, KennethScottCrawford, KeishaMolden, kaziahhegedus, kaylasa, kathyabe, kastynlambiase, kasraconole, kahrspa, kacieku, JOSEPHGEORGEZOOKEY, jos.h.grobandot, JoeHarris, Jesus Medina, JesseRuiz, JerrettSteveBuchanan, jennine and JenniferLeal added to case caption.

NEW PARTIES: JasonArtist, jaroslawmarcinek, jalisahey, Iqtiainkudus2016, inschoaywedd8, hudaahmad, haspj, gytaejiqifo67, gerdaharber600, gegeremari, gapin, FREDLEETEMPLE, Flores90, emericans, ELIZABETHAWISE, dunbirdthrushe, divaayunda, dennie, dennhe, DEBORAHSILVERTOOLE, Danraven, CUSER3519, creamywafer, Chengdukundimankedianzishangwuyouxiangongsi, Guangzhou Haiyangxin Shengwu Keji Youxiangongsi, ShenZhenShiMengJueKeJiYouXianGongSi, 1990Velazquez, agapemolin, agenh, Ailoan, alimerdika, AmyChenevert, anhemmmm, ARTBOY, Ashton90, awhe, behja, BENNHI, berdikarisan, bexarraeder, bhagiatnan, BOBBYRAYWILSON, boehmws, breezieglenny, BrianHill, Brooke90, Caophung, caticarlitas and Cody98 added to case caption.

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

(Exhibit A)

MEMORANDUM by Grumpy Cat Limited in support of motion for default judgment 41

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 41

(Exhibit Hierl Exhibit 1)

ORDER: Plaintiff's motion for default judgment 41 is granted. Civil case terminated. Signed by the Honorable John F. Kness on 9/4/2024. Mailed notice.

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 9/4/2024. Mailed notice.

SATISFACTION of Judgment