2024-cv-03279

COMPLAINT filed by Pink Floyd (1987) Limited; Filing fee $ 405, receipt number AILNDC-21890197.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Pink Floyd (1987) Limited Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yanling Jiang

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yi Bu

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Adam Grodman

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Christopher Romero

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pink Floyd (1987) Limited

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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 Pink Floyd (1987) Limited for leave to file under seal

MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file excess pages

MEMORANDUM in Support of [14] Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's Declaration

Declaration of Thomas Schlegel

Exhibit 1, of Thomas Schlegel's Declaration

SEALED EXHIBIT by Plaintiff Pink Floyd (1987) Limited Sealed Exhibit 2, Declaration of Thomas Schlegel regarding memorandum in support of motion, [15]

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions, [12], [13], [14], filed by plaintiff Pink Floyd (1987) Limited, the supporting memorandum, [15], and the temporary restraining order, plaintiff's motions for leave to file certain documents under seal, [12], for leave to file excess pages, [13], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process [14], are granted. Plaintiff's 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 plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff 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 plaintiff 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 plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, 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 revisit the asset freeze and joinder. Plaintiff 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 4/29/2024:

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

SURETY BOND in the amount of $ $10,000.00 posted by Pink Floyd (1987) Limited

MOTION by Plaintiff Pink Floyd (1987) Limited for preliminary injunction

MEMORANDUM by Pink Floyd (1987) Limited in support of motion for preliminary injunction[22]

Declaration of Keith A. Vogt

Exhibit 1, of Keith A. Vogt's declaration

SUMMONS Returned Executed by Pink Floyd (1987) Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/7/2024, answer due 5/28/2024.

Declaration of Service

ATTORNEY Appearance for Defendant Parthimpex by Patrick M Jones

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction, 22. The court has taken the motion, 22, under advisement and will consider the motion unopposed if no defendant appears and objects by 5/15/24. Plaintiff 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 HD Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 84345 (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. Emailed notice

MOTION by Defendant ParthimpexRelease of Restraint of Funds and Opposition to Preliminary Injunction

Exhibit A - Gupta Declaration

ATTORNEY Appearance for Defendant Parthimpex by Patrick M Jones

RESPONSE by Parthimpex to MOTION by Plaintiff Pink Floyd (1987) Limited for preliminary injunction [22]

MINUTE entry before the Honorable Martha M. Pacold: Telephone hearing on defendant parthimpex's emergency motion for modification of the asset restraint and opposition to preliminary injunction [27] is set for 5/16/2024 at 11:00 a.m. CT. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court.

RESPONSE by Pink Floyd (1987) Limited to MOTION by Defendant ParthimpexRelease of Restraint of Funds and Opposition to Preliminary Injunction 27

Exhibit 1

(Exhibit 2)

RESPONSE by Pink Floyd (1987) Limited to MOTION by Defendant ParthimpexRelease of Restraint of Funds and Opposition to Preliminary Injunction 27 AMENDED

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Martha M. Pacold: Telephone motion hearing held on 5/16/2024. Continued motion hearing on Defendant parthimpex's emergency motion for modification of the asset restraint 27 is set for 5/20/2024 at 9:30 a.m. via video conference. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court.

REPLY by Defendant Parthimpex to motion for miscellaneous relief 27 Modification of Restraint

Exhibit A - AMZ costs and spend

Exhibit B - Costs and shipping

Exhibit C - Cost of paper

Exhibit D - Printing costs

(Exhibit E - Illinois Attachment Act)

REPLY by Defendant Parthimpex to reply, 34 Modify Restraint (Refiled)

MINUTE entry before the Honorable Martha M. Pacold: Continued Motion hearing held on 5/20/2024 by videoconference as to Defendant parthimpex's emergency motion for modification of the asset restraint 27. The Court is in receipt of Defendant parthimpex's Reply in Support of its Emergency Motion for Modification of the Asset Restraint and Opposition to Preliminary Injunction 35. Devendra Gupta, manager of parthimpex, appears to provide testimony. The Court heard the parties' oral arguments, and for all the reasons stated on the record, the motion 27 as it relates to asset modification is granted and the asset restraint is reduced to $4,531. However, the issue of the preliminary injunction still remains. Defense shall file an opposition to the preliminary injunction motion by 6/3/2024 and the reply is due by 6/17/2024. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 187 plan notebook

MOTION by Plaintiff Pink Floyd (1987) Limited for default judgment as to The Defendants Identified In First Amended Schedule A

MEMORANDUM by Pink Floyd (1987) Limited in support of motion for default judgment 39

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

MOTION by Plaintiff Pink Floyd (1987) Limited to sever Defendant Parthimpex

SEALED DOCUMENT by Plaintiff Pink Floyd (1987) Limited

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 172 Lamodahome

ORDER: Plaintiff's motion to sever defendant Parthimpex, [41], is granted. The court requests that the Clerk of Court open a separate lawsuit for plaintiff against Defendant No. 186, Parthimpex, and assign a new case number to that case. Once plaintiff's claim against defendant Parthimpex is severed into a separate case, if plaintiff wishes to proceed on its claim, plaintiff will pay the filing fee and file an amended complaint in the new case within 21 days of the opening of the new case. Signed by the Honorable Martha M. Pacold on 8/15/2024. Mailed notice

ORDER: No remaining defendant has responded to plaintiff's motion for entry of default and default judgment, [39]. The motion, [39], 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, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $250,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, 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 remaining 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 plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Keith Vogt Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604, via certified mail. By 8/19/24, plaintiff is directed to submit a proposed default judgment order to the court's proposed order inbox. Plaintiff's motion for a preliminary injunction, [22], is denied as moot. Signed by the Honorable Martha M. Pacold on 8/15/2024. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 10 BestOfHomeDecor

First Amended Schedule A by Pink Floyd (1987) Limited

MAILED Bond entry number 21 to Keith Vogt, Ltd. via certified mail# 7021 0350 0001 7251

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 8/21/2024. Mailed notice.

MAILED trademark closing report with certified copies of orders 8/15/24 and 8/21/24 (doc. #'s 47, 49) to Patent Trademark Office, Alexandria VA.

RETURN of U.S. Post Office Receipt, article no. 7021 0350 0001 8840 7251. (Received via PC Scan on 09/04/2024)