2024-cv-05093

COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 405, receipt number AILNDC-22159070.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Harley-Davidson Motor Company, Inc.

Notice of Claims Involving Trademarks by Harley-Davidson Motor Company, Inc.

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Trevor Christian Talhami

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.)

MINUTE entry before the Executive Committee: Case reassigned to Honorable Franklin U. Valderrama for all further proceedings pursuant to 28 USC 294(b). Mailed notice

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Harley-Davidson Motor Company, Inc. 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

Exhibit 3

Exhibit 4

DECLARATION of Adraea M. Brown regarding memorandum in support of motion[13]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Exhibit 3 Parts 1-7 regarding declaration[15]

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for miscellaneous relief[17]

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

Exhibit 1

Exhibit 2

MEMORANDUM by Harley-Davidson Motor Company, Inc. Establishing that Joinder is Proper

DECLARATION of Justin R. Gaudio regarding memorandum[20]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's ex parte motion for a temporary restraining order [12], and motion for electronic service of process [17]. Provided that Plaintiff provides the security described in paragraph 9 of the temporary restraining order, the temporary restraining order shall become effective on 7/2/2024 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 6/26/2024. Mailed notice.

Registry Deposit Information Form by Harley-Davidson Motor Company, Inc.

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's motion for leave to file under seal 3. Mailed notice.

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

Cash Bond in the amount of $10,000 check, Receipt No. 100008215, posted by Harley-Davidson Motor Company, Inc. (Text entry; no document attached.)

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for preliminary injunction as to certain Defendants

Exhibit A

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for preliminary injunction[26]

Declaration of Marcella D. Slay

Exhibit 1

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/11/2024, answer due 8/1/2024.

Declaration of Trevor C. Talhami

Exhibit A

MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction 26 is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint 2 ; (2) Exhibit 3 to the Declaration of Adraea M. Brown 16 ; and (3) the TRO 23. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 7/12/2024. Mailed notice.

NEW PARTIES: Bengbu Yijin Jewelry Co., Ltd., Cangnan Dongou Printing Factory, Changsha Yuwei Technology Co., Ltd., Changxing Rongsheng Import And Export Co.; Ltd., Chengdu Disitu Technology Co., Ltd., Dongguan Wintop Packaging Co., Ltd., Dongguan Xiaolu Jewelry Co., Ltd., Fujian Guangchang Tai Industrial Co.; Ltd., Fuzhou Daewo Trade Co., Ltd., Guangdong Dacheng Glasses Co., Ltd., Guangdong Sihan Printing And Packaging Co.; Ltd., Guangzhou Allsign Advertising Display Equipment Co.; Ltd., Guangzhou Huadu District Shiling Senluoyi Department Store, Guangzhou Kaiyue Sporting Goods Co. Ltd, Hangzhou Coobamboo Import And Export Co.; Ltd., Hefei Devote Health Import & Export Co., Ltd., Heshan Xinmei Plastic Co., Ltd., Huimin Xurui Auto Supplies Co., Ltd., Luquan Aizhou E-Commerce Store, Nanjing Fly Flying Tigers Office Supplies Co., Ltd., Ninghua County Cuijiang Town Chennan Clothing Store, Quanzhou Sunshine Trading Co., Ltd., Shaanxi Runteng Trading Co., Ltd., Shanghai Green Goods Co.; Ltd., Shaoxing Love Home Textile Co., Ltd., Shenzhen CJ Technology Co., Ltd., Shenzhen Kingcolor Printing Co.; Ltd., Shenzhen Lancheer Technology Trading Co., Ltd., Shenzhen Woxing Silicone Rubber Products Co.; Ltd., Shijiazhuang Aofeite Imp & Exp Co., Ltd., Sichuan Kunshanlixin Import And Export Trading Co., Ltd., Weihai Talos Outdoor Products Co., Ltd., Wenzhou Leiden Helmet Manufacturing Co., Ltd., Wenzhou Wanfeng Signs Co., Ltd., Wuhan Jinteng Manufacturing & Trading Co., Ltd., Wuhan Sinicline Industry Co.; Ltd., Wuxi Success Flag Co., Ltd., Xi'an Daka Crafts Co., Ltd., Yiwu Baokai Import And Export Co., Ltd., Yiwu Honghao Import And Export Co., Ltd., Yiwu Kemeng Import And Export Co., Ltd., Yiwu Keyu Import And Export Co., Ltd., Yiwu Lordon Jewelry Co., Ltd., Yiwu Maro E-Commerce Firm, Yiwu Tucheng Outdoor Products Co., Ltd., Zhejiang Chentao Weaving Co.; Ltd., Zhejiang HUISU Arts&Crafts Co;.Ltd, Zhongshan Keyal Crafts And Gifts Co., Ltd., Zhongshan Keychain Gifts & Crafts Co., Ltd., A1WZIDKZDW372C, A2IKNPTKJJJZFE, A2XSPDK8F5RYRX, A86F3C03JU7IQ, Chengdutaoli, chen-Z, Chileuma, Custom More, eioeooror, GLINHH, guchengxianqinchunshangmaoyouxiangongsialq, Hefei Liang'an Xiadian Department Store Co., Ltd, hu die hua, ling-rui, LL Tsuki, luochengshiping, Megoole, MiDaoBHD, Naivo-LSDMY, peimingbaihuodian, Philomer, Putian Chengxiang bakesong e-commerce Co., Ltd, raindowshop, RaoKuO, ShangShangHao, shaoxingtaojianmaoyiyouxiangongsi, SILBAZ Shop, sinocles, Teng'xiang, TGSKLIGHT, Tianfu Store, Yecream, yuxixiangbanjingmaoyouxiangongsi, zhaoyunmaoyi, zhengyonghao111, zyiuxisiUS, bmwmini, cpantsee, yummy_jewelry, 3D willok, HiFi-tubes, Joyveeko Creative, Lily_Shop99, menjewelry01, Moon Motorcycle, Neon Sea, neontown, Sun Motorcycle, twotoysstore, wangmei_7, WBTubes, Wind Motorcycle, zhiqu57, Lucky AF, 7-14 Days Delivery, Desiderio, GFDGN and HZMYMY added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for preliminary injunction as to certain Defendants

Exhibit A

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for preliminary injunction[33]

Declaration of Marcella D. Slay

Exhibit 1

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/31/2024, answer due 8/21/2024.

Declaration of Trevor C. Talhami

Exhibit A

ATTORNEY Appearance for Defendant Wuhan Sinicline Industry Co.; Ltd. by Zhen Pan

ATTORNEY Appearance for Defendant Wuhan Sinicline Industry Co.; Ltd. by Javier Dario Coronado (Dario Coronado, Javier)

MOTION by Defendant Wuhan Sinicline Industry Co.; Ltd. for extension of time Unopposed Motion for Extension of time to respond to Plaintiff's complaint and (2) file opposing papers to Plaintiff's Motion for Preliminary Injunction

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Lucas Allen Peterson

MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction 26 is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint 2 ; (2) Exhibit 3 to the Declaration of Adraea M. Brown 16 ; and (3) the TRO 23. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 8/1/2024. Mailed notice.

MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Defendant Wuhan Sinicline Industry Co. Ltd.'s unopposed motion for extension of time 38. Defendant must answer or otherwise respond to the complaint by 8/30/24. Defendant may file opposing papers to Plaintiff's motion for preliminary injunction by 9/3/24. The temporary restraining 23 shall remain in place against Defendant Wuhan Sinicline Industry Co. Ltd. until the Court rules on the motion for preliminary injunction as to Defendant Wuhan Sinicline Industry Co. Ltd. Mailed notice.

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/15/2024, answer due 9/5/2024.

Declaration of Trevor C. Talhami

(Exhibit A)

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

MOTION by Defendant Wuhan Sinicline Industry Co.; Ltd. for extension of time Agreed Motion for Extension of Time

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants the Defedant's agreed motion for extension of time [48]. Defendant must respond to Plaintiff's complaint and file opposing papers to Plaintiff's motion for preliminary injunction by 9/30/24. Mailed notice.

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to a certain Defendant

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for entry of default, MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for default judgment as to all Defendants with the exception of certain Defendants

Exhibit A

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for entry of default, motion for default judgment, [52]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[53]

Exhibit 1

ATTORNEY Appearance for Defendants Cangnan Dongou Printing Factory, SILBAZ Shop by Adam Edward Urbanczyk

MOTION by Defendants Cangnan Dongou Printing Factory, SILBAZ Shop for extension of time

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendants Cangnan Dongou Printing Factory and SILBAZ Shop motion for extension of time [56]. Defendants must respond to the complaint by 10/3/24. Mailed notice.

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

ATTORNEY Appearance for Defendant Hefei Devote Health Import & Export Co., Ltd. by Baruch Simcha Gottesman

MOTION by Defendant Hefei Devote Health Import & Export Co., Ltd. for extension of time to file answer regarding summons returned executed, [46], complaint[1] Unopposed Motion to Extend Time for Defendant to Answer or Otherwise Move with Respect to the Complaint until October 28, 2024

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant

MOTION by Defendant Wuhan Sinicline Industry Co.; Ltd. for extension of time Agreed Motion for Extension of Time

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendant's unopposed motion for an extension to of time to answer or otherwise move [60]. Defendant must answer or otherwise respond to the complaint by 10/28/24. Mailed notice.

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendant's agreed motion for extension of time [62]. Defendant must answer or otherwise respond to the complaint and file opposition brief to Plaintiff's request for preliminary injunction by 10/30/24. Mailed notice.

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant

MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiffs Motion for Entry of Default and Default Judgment [52]. Statutory damages are awarded in the amount of $200,000 per each distinct Defaulting Defendant as indicated in the order. Enter Default Judgment Order. By 11/12/2024 Plaintiff is directed to file a status report as to the status of the case against the remaining defendant, Hefei Devote Health Import & Export Co., Ltd. To obtain release of the bond previously posted in this action, Plaintiffs counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any Defendant. Mailed notice.

DEFAULT JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 10/14/2024. Mailed notice.

FULL SATISFACTION of Judgment regarding Default Judgment[67] in the amount of $200,000 as to certain defendants

ATTORNEY Appearance for Defendant Hefei Devote Health Import & Export Co., Ltd. by Adam Edward Urbanczyk

MOTION by Defendant Hefei Devote Health Import & Export Co., Ltd. for extension of time UNOPPOSED

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendant's unopposed motion for extension of time [70]. Defendant must answer or otherwise respond to the complaint by 11/27/2024. Mailed notice.

STATUS Report Pursuant to [66] by Harley-Davidson Motor Company, Inc.

MINUTE entry before the Honorable Franklin U. Valderrama: The Court is in receipt of the Plaintiff's status report [72], which indicates that the parties have reached a settlement. The Court directs the parties to file either a stipulation of dismissal or a report updating the Court on the status of final resolution by 12/16/24. Mailed notice.

STIPULATION of Dismissal as to a Certain Defendant

FULL SATISFACTION of Judgment regarding Default Judgment[67] in the amount of $200,000 as to certain defendant

FULL SATISFACTION of Judgment regarding Default Judgment[67] in the amount of $200,000 as to certain defendant

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

FULL SATISFACTION of Judgment regarding Default Judgment 67 in the amount of $200,000 as to certain defendant

FULL SATISFACTION of Judgment regarding Default Judgment 67 in the amount of $200,000 as to certain defendant

MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to the stipulation of dismissal [74], Defendant Hefei Devote Health Import & Export Co., Ltd. is dismissed with prejudice. Given there are no further Defendants remaining in this case, the ten-thousand-dollar ($10,000.00) cash bond, including any interest minus the registry fee, posted by Plaintiff is hereby released to Plaintiff or its counsel, Greer, Burns, & Crain Ltd. The Clerk of the Court is directed to return the cash bond previously deposited with the Clerk of the Court to Justin Gaudio of Greer, Burns, & Crain Ltd., 200 West Madison St, Suite 2100, Chicago, IL 60606 via certified mail. Civil case terminated. Mailed notice.

ORDER: Signed by the Honorable Franklin U. Valderrama on 7/14/2025. Mailed notice.

MAILED trademark report with order dated 7/14/2025 to Patent Trademark Office, Alexandria VA