2024-cv-02618

COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-21807406.

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 Heather K. McShain. 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

(Exhibit Hierl Exhibit 4)

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

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 13 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 14 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 15 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 16 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 17 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 18 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 19 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 20 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 21 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 for leave to file excess pages 10, and ex parte motion for a temporary restraining order 11, which includes a motion for electronic service of process, are granted in part. Plaintiff's submissions (e.g., Dkt. 12) 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 12. 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 he 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 versions of Plaintiff's copyrighted works 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 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. 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 6/18/2024. Mailed notice.

INJUNCTION BOND in the amount of $ $10,000.00 posted by Grumpy Cat Limited. (Document not scanned).

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 39 is granted. Enter separate order. Mailed notice.

ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/27/2024. Mailed notice.

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

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

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

MEMORANDUM by Grumpy Cat Limited in support of motion for preliminary injunction 43

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 43

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

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 7/11/2024, answer due 8/1/2024.

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 43 for entry of a preliminary injunction as to certain Defendants. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all 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 7/18/2024." 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 entering and extending the temporary restraining order ("TRO"), as well as in Plaintiff's earlier motion 39 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 Robert Payton Mcmurray on behalf of Grumpy Cat Limited

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

ANSWER to Complaint by funnycatdesigns. (Received via Box.com 7/17/24)

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

RESPONSE TO SUMMONSES AND REQUEST FOR DISMISSAL by Jakub Piwowarczyk. (Exhibits, Received via Box.com 7/23/24)

ANSWER to Complaint by Helen Mary Gilhespy. (Exhibits, Received via Box.com 7/23/24)

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 147

ANSWER to Complaint by Paqui Morilla (Received via Mailroom 7/29/24, Envelope Fed Ex)

ANSWER to Complaint by Helga02. (Received via Box.com 7/30/24, Exhibits)

LETTER from Tristan Melissen dated 02/02/2024. (Received via Box.com on 08/02/2024.)

MINUTE entry before the Honorable John F. Kness: This matter is set for an in-person hearing 11/21/2024 at 10:00 A.M. Counsel for Plaintiff is directed to appear in-person at the hearing. Any defendants who have appeared may participate by telephone. Mailed notice.

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 151 "NEWFANCY"

MINUTE entry before the Honorable John F. Kness: Judge Kness' telephone conference line has changed. For any upcoming telephonic hearings in this matter, the parties shall dial 1-855-244-8681 and enter Access Code: 2315 003 3696. Press # when prompted for an attendee number. Mailed notice.

MINUTE entry before the Honorable John F. Kness: In-person status hearing held 11/21/2024. To allow any Defendants who have appeared time to become aware of the hearing and appear, a continued status hearing is set for 12/19/2024 at 9:30 A.M. Plaintiff alerted the Court that a notice of voluntary dismissal as to Defendant No. 150 "GlanceCat" who has appeared was filed on the docket this morning. Defendant "GlanceCat" is dismissed. The parties are to use the following call-in number: 1-855-244-8681, Access Code: 2315 003 3696. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice.

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 150 "GlanceCat"

STIPULATION of Dismissal Stipulation of Voluntary Dismissal with Prejudice

LETTER from Paqui Morilla, CutePlanetEarth dated 10/24/2024. (Envelope postmarked 10/24/2024) (Received by mail in the Clerk's Office on 11/26/2024.)

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 72

MINUTE entry before the Honorable John F. Kness: Judge Kness' telephone conference line has changed. For any upcoming telephonic hearings in this matter, the parties shall dial 1-855-244-8681and enter Access Code: 2315 003 3696. Mailed notice.

MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held 12/19/2024. Consistent with the discussion on the record, Plaintiff has since filed a statement on the docket detailing the status of each Defendant who has appeared in this case; the Court thanks counsel for promptly addressing this request. Further guidance will be provided by separate order. Mailed notice.

STATUS Report by Grumpy Cat Limited

MINUTE entry before the Honorable John F. Kness: A telephonic status hearing is set for 1/16/2025 at 9:30 A.M. Defendants 140 ("Funnycatdesigns") and 106 ("EkolaDesign") must appear by telephone or face the risk of being found in default. The parties are to use the following call-in number: 1-855-244-8681, Access Code: 2315 003 3696. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MINUTE entry before the Honorable John F. Kness: Due to a change in the Court's schedule, the telephonic status hearing set for 1/16/2025 is stricken and reset for 1/21/2025 at 9:30 A.M. Mailed notice.

MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held 1/21/2025. Defendants 140 ("Funnycatdesigns") and 106 ("EkolaDesign") failed to appear. Plaintiff's pending motion for preliminary injunction [43] will be addressed by separate order. Mailed notice.

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 43 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 47 49 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 48 the opportunity to do so, no remaining 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 1/22/2025. Mailed notice.

MOTION by Plaintiff Grumpy Cat Limited to strike Plaintiff's Motion to Strike the Pro Se Answer of Defendant No. 140 "FUNNYCATDESIGNS' [Dkt. No. 53]

CERTIFICATE of Service by Robert Payton Mcmurray 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 81

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 81

(Exhibit Hierl Exhibit 1)

RESPONSE by Michael Vesela (Redbubble Shop). (Received via pro se email on 1/30/2025). (jn,)

RESPONSE by Defendant funnycatdesigns (Received via pro se email on 2/3/25.)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion to strike the pro se answer of Defendant No. 140 "funnycatdesigns" 78 is set for an in-person hearing 2/6/2025 at 9:30 A.M. Defendant No. 140 "funnycatdesigns" may appear telephonically by calling 1-855-244-8681, Access Code: 2315 003 3696. Mailed notice.

MINUTE entry before the Honorable John F. Kness: In-person hearing held 2/6/2025 on Plaintiff's motion to strike [78]. Defendant No. 140 "funnycatdesigns" failed to appear. Plaintiff reported that settlement negotiations were ongoing with Defendant No. 140. For the reasons stated on the record, the motion to strike is denied. A telephonic status hearing is set for 2/12/2025 at 9:30 A.M. Both Plaintiff and Defendant No. 140 ("funnycatdesigns") must appear by telephone. If Defendant No. 140 ("funnycatdesigns") fails to appear by telephone, it will be found in default. The parties are to use the following call-in number: 1-855-244-8681, Access Code: 2315 003 3696. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice.

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 140

MOTION by Defendant Gabriela Toma to Dismiss Plaintiffs' Complaint

Exhibit A

Exhibit B

(Exhibit C) (Received via pro se email on 02/09/25.)

ORDER: Plaintiff's motion to strike 78 is dismissed as moot. Plaintiff's motion for leave to file excess pages 80 is granted. Plaintiff's motion for default judgment 81 is granted. Motion to dismiss 89 is dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 2/18/2025. Mailed notice.

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 2/18/2025. Mailed notice.

MAILED trademark report with certified copy of minute order dated 2/18/2025 to Patent Trademark Office, Alexandria VA. (jn,)

MOTION by Defendant, Reinis Ozolins to remove Defendant from Schedule A and release frozen funds. (Exhibits). (Received via pro se email on 3/18/2025). (jn,) Modified on 3/18/2025.

MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendant's Motion to Remove Defendant from Schedule A and Release Frozen Funds 94 : Plaintiff's response is due on or before 3/28/2025 and Defendant's reply, if any, is due on or before 4/4/2025. Mailed notice.

RESPONSE by Plaintiff Grumpy Cat Limited Plaintiff's Response to the Motion to Vacate the Default Judgment Against Defendant No. 68 "CUCUSTOMWEAR"

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

(Exhibit F)

SATISFACTION of Judgment