2024-cv-02857

COMPLAINT filed by Hallmark Licensing, LLC ; Filing fee $ 405, receipt number AILNDC-21834991.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Hallmark Licensing, LLC for leave to file under Seal

CASE ASSIGNED to the Honorable John J. Tharp, Jr. 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.

ORDER: Local Rule 3.1 requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Hallmark Licensing, LLC is directed to file the Civil Cover Sheet within 14 days of this notification. Signed by the Executive Committee.

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hallmark Licensing, LLC

Notice of Claims involving Trademarks by Hallmark Licensing, LLC

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Rachel S Miller

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Jennifer Van Nacht

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MAILED copyright report to Registrar, Washington DC.

MOTION by Plaintiff Hallmark Licensing, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Hallmark Licensing, LLC in support of motion for temporary restraining order 15

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 16

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Stacey Howe regarding memorandum in support of motion 16

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Exhibit 3 - Parts 1-5 regarding declaration 18

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

(Exhibit 3-5)

MOTION by Plaintiff Hallmark Licensing, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Hallmark Licensing, LLC in support of motion for miscellaneous relief 20

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 21

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO [15] is granted. Plaintiff's motions for leave to file under seal [3] and for electronic service of process [20] are granted. Enter temporary restraining order. Mailed notice

SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 4/15/2024. Mailed notice

Registry Deposit Information Form by Hallmark Licensing, LLC

SURETY BOND in the amount of $ 68,000 posted by Hallmark Licensing, LLC. (Document not imaged) (Received via the Clerk's Office drop box on 04/18/2024)

MOTION by Plaintiff Hallmark Licensing, LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Hallmark Licensing, LLC in support of extension of time[27]

Declaration of Rachel S. Miller

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 27 is granted. Enter order. Mailed notice

EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 4/24/2024. Mailed notice

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal [31] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 9, 23, 45, 48, 51, and 56 are dismissed from this case. Mailed notice

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

MOTION by Plaintiff Hallmark Licensing, LLC for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Hallmark Licensing, LLC in support of motion for preliminary injunction[33]

Declaration of Rachel S. Miller

Exhibit 1

SUMMONS Returned Executed by Hallmark Licensing, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/7/2024, answer due 5/28/2024.

Declaration of Rachel S. Miller

Exhibit A

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction against certain defendants [33] is taken under advisement. Any objection or response is due before 5/14/24. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement, by 5/10/24, the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before May 14, 2024. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendant

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 37 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 55 is dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction [33] is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 5/22/24 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice

PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 5/15/2024. Mailed notice

NEW PARTIES: Guangxi Jingzhou Import And Export Trading Co., Ltd., A3DLPELHPEXAVK, AFXFIPGUTJSUG, anxixianchengxiangzhenlinyaohuangfuzhuangjingyingb, chgaj, chidubaihuo, CHUDATOM STORE, chuqiujie, Daesar, Dense forest'shop, DEZHOUDUOYING, DHWINFD, dongci8395, dotamipo, ENDLESS DECOR, Fashion Story, FSAHJKEE, GDCJJIAX, geshidila, GLANRA, Guangzhouanxinshangmaoyouxiangongsi, guangzhouwangxinqishangmaoyouxiangongsi, guchengxianyangshunhangshangmaoyouxiangongsi, hefeirunqiandianzishangwuyouxiangongsi, Hessimy, HiSunlyan, HOLI SHOP, JINHAOSHI, jinmeiml, jiuxinpaopao, jsgood, kiyongcom, KUKAKI, kunmingsishangshangmaoyouxiangongsi, LaiYuLinUS, longfeiyushangmao, Luobu Shop, MAXWXKING, NANAKI-online, Nexutp, Noole-US, PARTY HATS STORE, PINGHUBA, pu tian cheng xiang zhan zhi xi mao yi you xian gong si, RODMAIE DIRECT, ruchunkeji, SANIIX, SGBASED, sharp_yao, Si Chengjie Trade, tangruo2022, Taolian Store, ToBunm, TTTTSDGF, WINZIK, XIAO Ze, YINGLUO, yubc, yunzuohaowu, zhijiangshilusushangmaoyouxiangongsi, misszoe, talk90lunc, changdeyunsheng Co.Ltd, HongMin fishing gear, KinderPro, SCEINRET, Sea Ying and Xu-mh added to case caption.

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants

Terminating SGBASED, WINZIK, XIAO Ze, guchengxianyangshunhangshangmaoyouxiangongsi, tangruo2022, Daesar and RODMAIE DIRECT

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 41 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 18, 32, and 59 are dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendant

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 43 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 38 is dismissed from this case. Mailed notice

SUMMONS Returned Executed by Hallmark Licensing, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/4/2024, answer due 6/25/2024.

Declaration of Jennifer V. Nacht

Exhibit A

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendant

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 46 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 67 is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendant

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 48 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 27 is dismissed from this case. Mailed notice

MOTION by Plaintiff Hallmark Licensing, LLC for entry of default, MOTION by Plaintiff Hallmark Licensing, LLC for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Hallmark Licensing, LLC in support of motion for entry of default, motion for default judgment 50

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 51

(Exhibit 1)

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 50 is taken under advisement. Any objections or responses are due by July 11, 2024. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 7/3/24. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order and (2) sending an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. Mailed notice

CERTIFICATE of Service by Plaintiff Hallmark Licensing, LLC regarding order on motion for entry of default, order on motion for default judgment, set motion and R&R deadlines/hearings, 53

Exhibit A

(Exhibit B)

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 55 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 64 and 68 are dismissed. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 50 is granted. Enter default judgment order. Civil case terminated. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 7/12/2024. Mailed notice