2024-cv-03781

COMPLAINT filed by Eicher Motors Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-21947276.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by John Wilson

MOTION by Plaintiff Eicher Motors Limited to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited

CASE ASSIGNED to the Honorable Matthew F. Kennelly. 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 Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Eicher Motors 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 Eicher Motors Limited in support of motion for temporary restraining order, 11

Declaration Ribchester Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 1 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 2 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 3 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 4 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 5 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 6 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 7 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 8 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 9 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 10 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 11 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 12 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 13 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 14 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 15 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 16 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 17 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 18 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 19 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 20 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 21 of Ribchester Declaration

Notice of Claims Involving Trademarks by Eicher Motors Limited

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 7 and motion for leave to file excess pages 10 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 11 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 5/28/2024 at 9:15 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Motion for preliminary injunction or motion to extend TRO is to be filed by 5/22/2024. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 5/13/2024.

SURETY BOND in the amount of $ 10,000 posted by Eicher Motors Limited. (Document not scanned)

MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' ex parte motion to extend the temporary restraining order 40 is granted, good cause having been shown. The ex parte TRO entered by the Court on 5/13/2024 is extended through 6/10/2024. The telephonic preliminary injunction hearing set for 5/28/2024 is vacated and reset to 6/10/2024 at 9:05 AM, using call-in number 650-479-3207, access code 980-394-33. Any motion for preliminary injunction must be filed by 6/6/2024 and must be accompanied by a certificate stating upon whom and how the motion has been served.

MOTION by Plaintiff Eicher Motors 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 Eicher Motors Limited in support of motion for preliminary injunction 42

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 42

MINUTE entry before the Honorable Matthew F. Kennelly: No defendant in this case has filed an appearance or otherwise responded to the complaint or the temporary restraining order. Plaintiff's motion for entry of a preliminary injunction 42 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Hughes Socol Piers Resnick & Dym, Ltd. is ordered to add all defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The telephonic hearing set for 6/10/2024 is vacated. The case is set for a telephonic status hearing on 8/12/2024 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33. Plaintiff is directed to file a status report on 8/5/2024. Mailed notice

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 6/7/2024. Mailed notice.

RESPONSE to TRO by Defendant EVOMOTOARTE, Marlo de Melo Martins. (Received via pro se email on 06/08/2024.)

MINUTE entry before the Honorable Matthew F. Kennelly: A defendant named EVOMOTOARTE has filed a "response to the TRO" that the Court will construe as a motion to dissolve the preliminary injunction with respect to that defendant. Plaintiff is directed to file a response to the motion by 6/20/2024; defendant EVOMOTOARTE may file a reply to the response by 6/27/2024. Telephonic hearing, unless deemed unnecessary by the Court, is set for 7/2/2024 at 9:05 AM, using call-in number 650-479-3207, access code 980-394-33.

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

NEW PARTIES: hilboy, HighOnColours, Gear2ride, FrankKletschkus, FoleyPottery, Evomotoarte, Double Knocker, dopesmuglar, David Fowler, DarkHecateShop, DariaBurak, danibaker, Chris Goodwin, Caysonrucker, carra31231, brookestead, BonGanze, Bloxworth, bleddyncoty, BikeNutClothing, baddiesegenju, Aubittammy, apurvanup, AppreciateArt01, Andersonmindy, amtranong0, Amisdelamer, Alexshopss, Al Bourassa, AgileFega, ZRIHE MOTUO Store, ZRIHE JICHEMOTO Store, YZBB Store, YUJIE Store, YUANQIAN RACINGBIKE Store, YOWLING Official Store, YOWLING AUTOCYCLE Store, YOUR Fashion Apparel Store, Yoka Store, YIEBA Official Store, WishShape Tops Store, WIN-WIN MOTORCYCE WHOLESALE STORE, TOBRICH Store, THUNDER-MOTO PARTS Store, The Mysterious Uncle Cow Store, Speed-8 Store, Shop4702119 Store, Shop3403012 Store and Shop1103675096 Store added to case caption.

NEW PARTIES: Shop1103642001 Store, Shop1103629185 Store, Shop1103623448 Store, Shop1103619302 Store, Shop1103610194 Store, Shop1103609485 Store, Shop1103603741 Store, Shop1103595602 Store, Shop1103587640 Store, Shop1103571026 Store, Shop1103561541 Store, Shop1103429145 Store, Shop1103374166 Store, Shop1103304329 Store, Shop1103278190 Store, Shop1103157941 Store, Shop1103053010 Store, Shop1103000487 Store, Shop1102985036 Store, Shop1102964458 Store, Shop1102859168 Store, Shop1102818598 Store, Scarab Shop Store, SASASAAAAA Store, R QIANKONG The Furious Store, punchline Official Store, OXLLONE MOTORCYCLE WHOLESALE Store, Outdoor Hobbies Store, MotoTT Store, MOTO-Speeding Modify Parts Store, Monomo Motorcycle Store Store, Modeer Adventure Store, KKMO Store, KIZc MOTO Store, JY Motorcycle Store, JINMOCYCLE Official Store, HoneyQQ Store, Henry Car Parts Store, Hello Store, Headwear Haven Store, GSMOTO Store, Forcemoto Store, FC MOTO Store, Fashionable Hats Store, Different Clothing Store, CNC RACING Franchise Store, Chic Carriers Store, CHAMPRINT TRENDY CLOTHING Store, CHAMPRINT Street Wear Store and Automobiles And Motorcycles' Supplies Store added to case caption.

NEW PARTIES: Aulax Pioneer Store, AIZHUO RACINGBIKE Store, AIMOTOR RACING Store, ABC Tees Store, A Pisces Store, worldbestdealshop, ukoxllone, tbonetshirts, super-modeer, sending99, penni-jerem, motuo128, mokiton-moto, mala903, li1772_28, kareny960, it10000yi, ismocollections, hoodz-n-teez, hoffysflagsoftheworld, helgi_oleg, eb202-88, dowan_58, dailydeals24*7, charmainchiswick, biker-motique-uk, bigcatretail, aum_creation_galaxy, ak_huixiong_motor, aespares_de, Ivymonteithgh, IainDesigns, Finlayflagggt, Film School Lasagna, FerneJerde, Designarty, Beni-Beni, Artoshoping, AllMotorsport, Aechre, You and I Car Store, yecao Store, VOGUES VEHICLE PARTS Store, UG Motor Store, Top-Car Store, SXEB MOTO Store, Shop912625813 Store, Shop5877911 Store, Shop5871655 Store and Shop1103632420 Store added to case caption.

NEW PARTIES: Shop1103413083 Store, Shop1103310732 Store, Shop1103204100 Store, Shop1102905410 Store, Shop1102624696 Store, Shop1102480131 Store, Shop1102213260 Store, Shop1100113009 Store, Shop1100014070 Store, Shop it is a glorious Store, shop 464654 Store, RYAN-PARTS Store, Profession Car Accessories Store Store, Perfect Car Parts Store, Pepe's Automobile Store, Only-better Store, motor 81 Store, motol accessories Store, LuoKui Store, Happyness Car Store, Happy Cars Store, great automobile Store, DFX Accessories SHOP Store, Dduo Store, COX7 Store, coolest-topest Store, CarsInHeaven Store, car with you Store, Blessed Car Store Store, Beyond The Future Car Store, AV-AUTO Parts Store, Autos&Motocycle Accessories wholesaling Store, Automotive Store Store, Auto Shop0204 Store, Aurora Mall Store, AC2 Store, A automoblie Store, 123456abc Store, zrihe-moto, us10000yi2017, ukdemoto, tianqi_moto, shandian_motor, myi-moto, mohoso-moto, lanqianmoto, huanying_tank-moto, 100yi and 10000yi added to case caption.

NEW PARTIES: Tropical Blood, TheScrambler, TheIndianOcean, thegamedogart, taspaul, Taj07, stewsmith, Square-Jane, SkeggyCruiser, shtem, Seenuchowdhary, sapheoroi0, SANSPEURthreads, Samama07, Ron Marton, rogue-design, Rob Hawkins, RebelRiot.in, Rebel Lifestyle, PsychedVision, preload, Pixel-LK, nickelsby, MotorManiaTees, michaelwelch03, Michaela Grove, Melimoto, MC-Doodle, MbahBento, Mariahtruth, MakayaShirtsss, majuajojo, LY D, LightSeed13, LA PATTE A MODELER, Jon Delorme, Jessi-K, irrelephanta and Impact Shop added to case caption.

NEW PARTIES: hilboy, HighOnColours, Gear2ride, FrankKletschkus, FoleyPottery, Evomotoarte, Double Knocker, dopesmuglar, David Fowler, DarkHecateShop, DariaBurak, danibaker, Chris Goodwin, Caysonrucker, carra31231, brookestead, BonGanze, Bloxworth, bleddyncoty, BikeNutClothing, baddiesegenju, Aubittammy, apurvanup, AppreciateArt01, Andersonmindy, amtranong0, Amisdelamer, Alexshopss, Al Bourassa, AgileFega, ZRIHE MOTUO Store, ZRIHE JICHEMOTO Store, YZBB Store, YUJIE Store, YUANQIAN RACINGBIKE Store, YOWLING Official Store, YOWLING AUTOCYCLE Store, YOUR Fashion Apparel Store, Yoka Store, YIEBA Official Store, WishShape Tops Store, WIN-WIN MOTORCYCE WHOLESALE STORE, TOBRICH Store, THUNDER-MOTO PARTS Store, The Mysterious Uncle Cow Store, Speed-8 Store, Shop4702119 Store, Shop3403012 Store and Shop1103675096 Store added to case caption.

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Opposed Motion for a First Extension of Time to File a Response to Defendant's Motion to Vacate the Preliminary Injunction [Dkt. No. 47]

RESPONSE by Plaintiff Eicher Motors Limited Plaintiff's Response to Defendants' Motion to Dissolve Preliminary Injunction [Dkt. No. 62]

Exhibit A

(Exhibit B)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for a one-day extension of time (to 6/21/2024) to file a response to the motion to vacate is granted.

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 94

LETTER from Satayam Dixit. (Received from Box.Com on 6/28/24).

PRO SE Appearance by Marlon de Melo Martins. (Received via pro se email on 07/02/2024.)

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 7/2/2024. Evomotoarte's motion to dissolve preliminary injunction 47 is denied for the reasons stated on the record. The case is set for a telephonic status hearing on 9/12/2024 at 8:50 a.m. Any motion for default judgment is to be filed by 9/5/2024. The following call-in number will be used: 650-479-3207; access code 980-394-33. 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, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 70

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 76

REQUEST by Defendant (Mr. Satyam) aespares_de to Lift Asset Restraint Order and Notice of Settlement (Received via pro se email on 08/03/2024)

MINUTE entry before the Honorable Matthew F. Kennelly: One of the defendants in this case has filed a letter (dkt. no. 62) stating that it concluded a settlement with the plaintiff several weeks ago but that plaintiff has taken the steps necessary to remove it from the list of restrained parties or to lift the asset restraint order against the defendant's eBay store. Plaintiff is ordered to file a written response to the letter by 8/9/2024. A telephonic hearing is set for 8/13/2024 at 8:45 AM, using call-in number 650-479-3207, access code 980-394-33.

RESPONSE by Plaintiff Eicher Motors Limited Plaintiff's Response to the Request to Lift Asset Restraint by Defendant No. 70 "Aespares De" [Dkt. No. 62]

(Exhibit A)

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 231

MINUTE entry before the Honorable Matthew F. Kennelly: In light of the submission filed by plaintiff on 8/9/2024 (dkt. no. 64) confirming that the restraint on defendant Aespares De's eBay store has been lifted, defendant's request for an order lifting the restraint 62 is moot, and the telephonic hearing set for 8/13/2024 is vacated.

MOTION by Plaintiff Eicher Motors 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 Eicher Motors Limited in support of motion for default judgment 67

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 67

(Exhibit Hierl Exhibit 1)

EMAIL from Defendant taspaul@bigpond.com

STATEMENT by Marlon de Melo Martons, owner and operator of Evomotoarte. (Exhibits) (Received via pro se email on 08/29/2024.)

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: The Court learned that its conference call access number is no longer operative. The following call-in number will be used for the 9/12/2024 status hearing: 888-684-8852, access code 746-1053. Mailed notice.

SUPPLEMENTAL Defense Argument filed by Marlon de Melo MartinsEvomotoarte. (Received via pro se email on 9/9/2024)

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held. No one appears other than counsel for the plaintiff. Plaintiff's motion for default judgment 67 is granted as to all defendants other than defendant Evomotoarte. However, defendant Evomotoarte must file a paragraph-by-paragraph answer to plaintiff's complaint in this case or it will be subject to entry of default judgment. The deadline for Evomotoarte to file its answer is 10/3/2024. The case is set for a telephonic status hearing on 10/18/2024 at 8:50 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff and Evomotoarte are directed to negotiate in good faith to attempt to reach a resolution of this matter. Plaintiff is directed to file a status report on 10/15/2024. Mailed notice.

FINAL JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 9/12/2024. Mailed notice.

SATISFACTION of Judgment

RESPONSE by Defendant Evomotoarte. (Received via pro se email on 09/30/24.)

SATISFACTION of Judgment

STATUS Report by Eicher Motors Limited

MINUTE entry before the Honorable Matthew F. Kennelly: Based on plaintiff's status report advising that it has reached a settlement in principle with Evomotoarte, the last remaining defendant in this case, the telephonic status hearing set for 10/18/2024 is vacated and reset to 10/31/2024 at 8:50 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff is directed to file a further status report on 10/28/2024 unless a stipulation for dismissal is on file by that date.

STATUS Report by Eicher Motors Limited

MINUTE entry before the Honorable Matthew F. Kennelly: Based on plaintiff's status report, the telephonic status hearing set for 10/31/2024 is vacated and reset to 11/18/2024 at 8:50 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. The deadline for plaintiff to file any motion for judgment as to defendant Evomotoarte is 11/8/2024. If a motion for judgment is filed by plaintiff, the motion will be heard and decided at the 11/18/2024 telephonic hearing.

MOTION by Plaintiff Eicher Motors Limited for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendant No. 194 "EVOMOTOARTE"

MEMORANDUM by Eicher Motors Limited in support of motion for default judgment 85

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 85

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for default judgment 85 as to defendant EVOMOTOARTE is set for the previously-scheduled telephonic hearing on 11/18/2024 at 8:50 AM, using call-in number 650-479-3207, access code 2305-915-8729.

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status and motion hearings held on 11/18/2024. Plaintiff's motion for default judgment 85 is granted. Final Judgment Order to follow. Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 11/18/2024. Mailed notice.