2024-cv-04146

COMPLAINT filed by Deckers Outdoor Corporation; Filing fee $ 405, receipt number AILNDC-21985496.

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Schedule A regarding complaint[1]

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 1 - Parts 1-6 regarding complaint[1]

MOTION by Plaintiff Deckers Outdoor Corporation for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Deckers Outdoor Corporation

Notice of Claims Involving Patents by Deckers Outdoor Corporation

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1).

MOTION by Plaintiff Deckers Outdoor Corporation for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Deckers Outdoor Corporation in support of motion for temporary restraining order 12

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13

Exhibit 1

(Exhibit 2)

DECLARATION of Laurie Rose Lubiano regarding memorandum in support of motion 13

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 2 - Parts 1-6 regarding declaration 15

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

(Exhibit 2-6)

MOTION by Plaintiff Deckers Outdoor Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Deckers Outdoor Corporation in support of motion for miscellaneous relief 17

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 4, ex parte motion for a temporary restraining order 12, and motion for electronic service of process 18 are granted in part. Plaintiff's submissions (e.g., Dkt. 15 816) 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 2, 3, and 16. 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 it 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 patented 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.

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/24/2024.

Registry Deposit Information Form by Deckers Outdoor Corporation

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 Deckers Outdoor Corporation

MOTION by Plaintiff Deckers Outdoor Corporation for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Deckers Outdoor Corporation in support of motion for preliminary injunction[23]

Declaration of Justin T. Joseph

Exhibit 1

SUMMONS Returned Executed by Deckers Outdoor Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/2/2024, answer due 7/23/2024.

Declaration of Justin T. Joseph

Exhibit A

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 23 for entry of a preliminary injunction. 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 7/11/2024." 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 order entering the temporary restraining order ("TRO"), the TRO is 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 Plaintiff Deckers Outdoor Corporation regarding text entry, 27

(Exhibit A)

SUMMONS Returned Executed by Deckers Outdoor Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/11/2024, answer due 8/1/2024.

Declaration of Thomas J. Juettner

Exhibit A

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 23 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 25 28 29 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 27 the opportunity to do so, no 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 7/15/2024. Mailed notice.

NEW PARTIES: Cixi Runsen Shoes Co., Ltd., Guangzhou Hengyue Apparel Co., Ltd., Xiamen Youqianhua Technology Co., Ltd., A18U626H52Z85Q, A19VFC19B79D0N, A1MSE9JMXJIADB, A1PDAPWCNNH21T, A1SX0GYYBU54E, A1UOKC4CPIUFKK, A20IHVODYTT5JG, A29WVOEMY3XC3F, A2GRDZGY3IUQA2, A2LMDAQTHNSP9X, A2R4A0JJ8Y8HPQ, A2ZPDDEPSYOXRD, A30ISZ7A2PWJ5U, A359A4LPF99BBA, A3N59I3433MOMS, A3NUKMWQKVRITJ, AF8NFYJKDKD04, AZKNPU03AQQV4, CCCBQ02, chengqinbaihuo, chenyangqing, CLNFCP-US, CZB666, Deliverywithin7-12days1245, dongyoufushangmaohang, erlishangmaoyouxian, Eureka's Shop, FEIYU SUMMER, HAPPY DOGGE, hong yun da bai huo, JIANG LING LING, JIESENGSHANGMAOHANG, Keze e-commerce center, kunminglairoushangmaoxinggerenduzi, LI MAO YUAN123, LV YI HANG, Mayflower.yahu, Micheal sales shop, NanPingShiYanPingQuBaoLinKeJiYouXianGongSi, qiancongsimianbafanglai, Rich fish, SunFay Emporium, tengweiyibaihuo, tuoshendianzi, wangchongyangIhs, wangweikangshangmao, yandishangmaoshanghang, YouTuWangLuoKeJiYouXianGongSi, yuanyis, yue zeng shang mao, YuHongP, yulinshiqikangjinyaodianzishangwuyouxiangongsi, zaikaowangluo, zhangwei19, zhenpinjiangxin and zhoutiehua added to case caption.

NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to Certain Defendants

MOTION by Plaintiff Deckers Outdoor Corporation for entry of default, MOTION by Plaintiff Deckers Outdoor Corporation for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Deckers Outdoor Corporation in support of motion for entry of default, motion for default judgment[33]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[34]

Exhibit 1

ORDER: Motion for default judgment [33] is granted. Enter separate Final Judgment Order. Civil case terminated. Signed by the Honorable John F. Kness on 8/7/2024. Mailed notice.

FINAL JUDGMENT ORDER: Signed by the Honorable John F. Kness on 8/7/2024. Mailed notice.

MAILED patent report to Patent Trademark Office, Alexandria VA

NOTICE of Removal of Material from the Custody of the Clerk's Office by Deckers Outdoor Corporation (Received at the Intake Counter on 10/29/24.) (Received for docketing on 11/21/24)