2024-cv-02953

2024-cv-02953 Spin Master Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :4/12/2024
Court :Northen District of Illinois
Law FirmGBC

#

Date

Document

1

April 12, 2024

COMPLAINT filed by Spin Master Ltd., Spin Master Toys UK Limited; Filing fee $ 405, receipt number AILNDC-21849525.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

2

April 12, 2024

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Schedule A regarding complaint 1

3

April 12, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for leave to file under seal

4

April 12, 2024

CIVIL Cover Sheet

5

April 12, 2024

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master Toys UK Limited

6

April 12, 2024

Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master Toys UK Limited

7

April 12, 2024

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin R. Gaudio

8

April 12, 2024

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Amy Crout Ziegler

9

April 12, 2024

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin Tyler Joseph

10

April 12, 2024

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Trevor Christian Talhami

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable M. David Weisman. 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.)

11

April 16, 2024

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

12

April 16, 2024

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

13

April 16, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

14

April 16, 2024

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for temporary restraining order[13]

15

April 16, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

16

April 16, 2024

DECLARATION of Susanne Teixeira regarding memorandum in support of motion[14]

Exhibit 1

17

April 16, 2024

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Exhibit 2 - Parts 1-7 regarding declaration[16]

18

April 16, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

19

April 16, 2024

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for miscellaneous relief[18]

20

April 16, 2024

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

Exhibit 1

Exhibit 2

21

April 16, 2024

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file[3], motion for temporary restraining order[13], motion for miscellaneous relief[18] before Honorable John Robert Blakey on 4/24/2024 at 11:00 AM.

22

April 19, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiffs' motion for leave to file under seal 3 and motion for electronic service of process 18. The Court also grants Plaintiffs' ex parte motion for entry of a temporary restraining order 13. Enter sealed temporary restraining order. Consistent with the accompanying TRO, Plaintiffs shall deposit with the Court one hundred and one thousand dollars ($101,000), either cash or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Absent further order, this TRO will expire on 5/3/24. The 4/24/24 Notice of Motion date is stricken. Mailed notice

23

April 19, 2024

SEALED ORDER Signed by the Honorable John Robert Blakey on 4/19/2024. Mailed notice

24

April 22, 2024

Registry Deposit Information Form by Spin Master Ltd., Spin Master Toys UK Limited

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

28

April 25, 2024

SURETY BOND in the amount of $ 101,000 posted by Spin Master Ltd., Spin Master Toys UK Limited (Document not scanned.)

25

April 26, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for extension of time of Temporary Restraining Order

26

April 26, 2024

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of extension of time 25

(Declaration of Justin T. Joseph)

27

April 26, 2024

NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time 25 before Honorable John Robert Blakey on 5/1/2024 at 11:00 AM.

29

April 30, 2024

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion [25] to extend the temporary restraining order entered 4/19/24 [23]. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 5/17/24. The 5/1/24 Notice of Motion date is stricken. Mailed notice.

30

May 3, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for preliminary injunction as to Certain Defendants

(Exhibit A)

31

May 3, 2024

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for preliminary injunction 30

Declaration of Justin T. Joseph

(Exhibit 1)

32

May 3, 2024

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 30 before Honorable John Robert Blakey on 5/8/2024 at 11:00 AM.

(Exhibit A)

33

May 3, 2024

SUMMONS Returned Executed by Spin Master Ltd., Spin Master Toys UK Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/3/2024, answer due 5/24/2024.

Civil Cover Sheet of Trevor C. Talhami

(Exhibit A)

34

May 8, 2024

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 5/8/2024. No defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction [30]. Accordingly, and based upon the same findings made in this Court's TRO [23], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed, and grants Plaintiff's motion for preliminary injunction as to Defendants 57-101 [30]. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. By 6/28/24, Plaintiff shall file a status report regarding the status of service of process, settlement discussions, and any further information that Plaintiff wishes to bring to the Court's attention. Mailed notice

35

May 8, 2024

PRELIMINARY INJUNCTIONORDER AS TO DEFENDANTS 57101 Signed by the Honorable John Robert Blakey on 5/8/2024. Mailed notice

NEW PARTIES: Chengdu Sancaihe Technology Co., Ltd., Dongguan Mochuang Supply Chain Management Co., Ltd., Dongguan Qifeng Electronic Technology Co., Ltd., Dongguan Sanzon Technology Co., Ltd., Fujian Quanzhou Xunyuan Trading Co., Ltd., Guangdong Meibaoer Biological Manufacturing Co., Ltd., Guangzhou Chegeshi Auto Accessories Co., Ltd., Guangzhou Pingdi Technology Co., Ltd., Guangzhou Xingmanyin Cultural Innovation Co., Ltd., Hebei Tuancu Arts and Crafts Manufacturing Co., Ltd, Huizhou City Tianduoduo Industry Co., Ltd., Huizhou Yishang International Trade Co., Ltd., Jeneey International Trade Co., Ltd., Nantong JH Plastic Product Co., Ltd., Ningbo Glory King Imp&Exp Co., Ltd., Ounis (shijiazhuang) Import & Export Co., Ltd., Pujiang Jingni E-Commerce Co., Ltd., Shantou Aibang Trading Co., Ltd., Shantou Chachi Toys Co., Ltd., Shantou Chenghai Yiken Toys Factory, Shantou King World Toys Trading Co., Ltd., Shantou Pinchi Toys Co., Ltd., Shantou Xin Hong Tai Trade Co., Ltd., Shengpai Lighting Technology (Zhongshan) Co., Ltd., Shenzhen Buybay Technology Co., Ltd., Shenzhen Equantu Technology Co., Ltd., Shenzhen Huaming Jun Rubber Co., Ltd., Shenzhen Jon Jewelry Co., Ltd., Shenzhen Minuo Household Products Co., Ltd., Shenzhen Soaring Rainbow Jewelry Co., Ltd., Shenzhen Xing Qiu Yan Technology Co., Ltd., Shenzhen Youyizu Industry Co., Ltd., Tianjin Feilin Technology Co., Ltd., Wenzhou Xinyu Imp & Exp Co., Ltd., XIAMEN BOXU SUPPLY CHAIN MANAGEMENT CO.,LTD, Xiamen Senden Trade Co., Ltd., Xiamen Sincerity Trading Co., Ltd., Xiamen Sylvan Industry And Trade Co., Ltd., Yiwu Huayao E-Commerce Co., Ltd., Yiwu Junjin Trading Co., Ltd., Yiwu Learning Electronic Co., Ltd., Yiwu Leiyue E-Commerce Firm, Yiwu Pason Crafts Co., Ltd., Yiwu Ruiguan Trading Co., Ltd., Yiwu Sangor Import And Export Co., Ltd., Yiwu Shixu Kitchen Supplies Co., Ltd., Yiwu Xingchuan Electronic Commerce Co., Ltd., Yiwu Xunying Import And Export Co., Ltd., Yiwu Zhongkai Trading Co., Ltd., Yunhe County Xing Ying Toy Factory, Yunnan Culinan Import And Export Co., Ltd., Yunnan Summer Flora Co., Ltd., Zhangzhou Tongyuan Electronic Co., Ltd., Zhejiang Xuezhang Network Technology Co., Ltd.Multispecialty supplier1 yrCN, Zhengzhou Sense Technology Co., Ltd., Zhongke Yunjiao (guangzhou) Technology Co., Ltd., anshizen, CANICCO, CanYuMeng, CHENCHEN, ESTARTSHOP, guchengxianyunqingshangmaoyouxiangongsis, HAOFA, kunmingyanggoushangmaoyouxiangongsipanyawei, La Tartelette, lezhishulian, LiaoJingJing, LIMOU, LuckXmas, MaJingBingUS, Mike Toys, nannashangmao, Pengjunshop, ruinankeji, SALEPO, shaowushilejinchayedian, shiliehaishangmao, Shranji kiana ko, suyabaihuosjsh, taiyuanyiwenmaoyiyouxiangongsi, tianzhanwangluokeji, Tonaite, xau sp, YAPISHI, YGArt79, zengxianyong123, zhengwenyi123, tulippw, abrjse, bingxu20, chenjingtao, cutediy, duixiebaike, Excoolent, hefeicatashangmaoyouxiangongsi, juicingmar22, shanxihualanyouyoushangmaoyouxiangongsi, wenfu_76, zhijiangshiwanxiao0, Craftnamesign and Successheng added to case caption. (Text entry; no document attached.)

36

May 9, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

37

May 16, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

38

May 20, 2024

SUMMONS Returned Executed by Spin Master Toys UK Limited, Spin Master Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/20/2024, answer due 6/10/2024.

Declaration of Trevor C. Talhami

Exhibit A

39

May 20, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of voluntary dismissal [36] and [37], this case is dismissed without prejudice as to Defendants CANICCO, lezhishulian, nannashangmao, juicingmar22, LIMOU, shaowushilejinchayedian, YAPISHI and Craftnamesign. Absent reinstatement within 270 days of the entry of this order, this dismissal will convert to one with prejudice without further order or the Court. Mailed notice

40

May 23, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

41

May 28, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [40], Defendants Shenzhen Soaring Rainbow Jewelry Co., Ltd., La Tartelette and TONAITE are dismissed without prejudice with leave to reinstate within 270 days of the entry of this order. Absent reinstatement of these defendants, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

42

May 30, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant

43

June 5, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 42, this case is dismissed without prejudice as to Defendant Successheng. Absent reinstatement within 270 days of the entry of this order, the dismissal will convert to one with prejudice without further order of the Court. Mailed notice

44

June 12, 2024

MINUTE entry before the Honorable John Robert Blakey: Plaintiff shall file a status report by 7/31/24 regarding the status of settlement discussions and proposing additional dates to advance the case. Mailed notice

45

June 12, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to a certain Defendant

46

June 12, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for default judgment as to all Defendants

(Exhibit A)

47

June 12, 2024

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for entry of default, motion for default judgment, 46

(Exhibit 1)

48

June 12, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 47

(Exhibit 1)

49

June 12, 2024

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment, 46 before Honorable John Robert Blakey on 6/26/2024 at 11:00 AM.

(Exhibit A)

50

June 20, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant

51

June 25, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [50], this matter is hereby dismissed without prejudice as to Defendant Excoolent (No. 94). Absent reinstatement by 3/7/25, this dismissal shall automatically convert to a dismissal with prejudice. Additionally, because the pending motion for default and default judgment includes this Defendant, the Court denies without prejudice Plaintiff's motion for default and default judgment [46]. Plaintiff may renew a revised motion once it is clear that it will not be voluntarily dismissing any additional Defendants from this action. The 6/26/24 Notice of Motion date is stricken. Mailed notice(gel,)

52

June 28, 2024

STATUS Report pursuant to 34 by Spin Master Ltd., Spin Master Toys UK Limited

(Exhibit A)

53

July 31, 2024

STATUS Report per [44] by Spin Master Ltd., Spin Master Toys UK Limited

Exhibit A

54

Aug. 2, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for default judgment as to all Defendants (Renewed)

Exhibit A

Exhibit 1

55

Aug. 2, 2024

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment, [54] before Honorable John Robert Blakey on 8/7/2024 at 11:00 AM.

Exhibit A

56

Aug. 6, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [45], this case is dismissed without prejudice as to Defendant Mike Toys (No. 71). Absent reinstatement by 5/1/25, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice

57

Aug. 7, 2024

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Andrew Daniel Burnham

58

Aug. 7, 2024

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 8/7/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for default judgment [54] is denied without prejudice as stated in open court. Mailed notice

59

Aug. 8, 2024

TRANSCRIPT OF PROCEEDINGS held on August 7, 2024 before the Honorable John Robert Blakey. Order Number: 49506. Court Reporter Contact Information: 312-582-3231. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/29/2024. Redacted Transcript Deadline set for 9/9/2024. Release of Transcript Restriction set for 11/6/2024.

60

Aug. 9, 2024

NOTICE of Correction regarding Transcript. 59

61

Aug. 13, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to a certain Defendant

62

Aug. 23, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for default judgment as to all Defendants (Second Renewed)

(Exhibit A)

63

Aug. 23, 2024

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for entry of default, motion for default judgment, 62

(Exhibit 1)

64

Aug. 23, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 63

(Exhibit 1)

65

Aug. 23, 2024

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment, 62 before Honorable John Robert Blakey on 8/28/2024 at 11:00 AM.

(Exhibit A)

66

Aug. 23, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 61, this matter is hereby dismissed without prejudice as to Defendant tulippw (No. 88). Absent reinstatement by 3/7/25, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice.

67

Aug. 26, 2024

TRANSCRIPT OF PROCEEDINGS held on August 7, 2024 before the Honorable John Robert Blakey. Order Number: 49506. Court Reporter Contact Information: 312-582-3231. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/16/2024. Redacted Transcript Deadline set for 9/26/2024. Release of Transcript Restriction set for 11/25/2024.

68

Aug. 28, 2024

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 8/28/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's second renewed motion for entry of default and default judgment [62] is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice

69

Aug. 28, 2024

FINAL JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 8/28/2024. Mailed notice

70

Aug. 29, 2024

MAILED trademark report with certified copy of minute order and order dated 8/28/2024 to Patent Trademark Office, Alexandria VA.

71

Sept. 5, 2024

FULL SATISFACTION of Judgment regarding order 69 in the amount of $500,000 as to certain defendants

72

Sept. 19, 2024

FULL SATISFACTION of Judgment regarding order 69 in the amount of $500,000 as to certain defendant

73

Oct. 24, 2024

FULL SATISFACTION of Judgment regarding order 69 in the amount of $500,000 as to certain defendant

74

Oct. 29, 2024

NOTICE of withdrawal of surety bond 28 by John Summerfield, Greer, Burns & Crain Ltd. (Exhibits). (Received at the Intake Counter on 10/29/24).(Received for docketing on 11/21/24).

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