2024-cv-05146

COMPLAINT filed by Collegiate Licensing Company, LLC; Filing fee $ 405, receipt number AILNDC-22163646.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Schedule A regarding complaint 1 Modified on 7/24/2024.

MOTION by Plaintiff Collegiate Licensing Company, LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collegiate Licensing Company, LLC

Notice of Claims Involving Trademarks by Collegiate Licensing Company, LLC

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Allyson M. Martin

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Rachel S Miller

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category Two). (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.)

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MOTION by Plaintiff Collegiate Licensing Company, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Collegiate Licensing Company, LLC 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 Sterling Hawkins regarding memorandum in support of motion 13

(Exhibit 1)

DECLARATION of Lindsay Conn regarding memorandum in support of motion 13

EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Exhibit 1 - Parts 1-10 regarding declaration 16 Modified on 7/24/2024.

Exhibit 1-1

Exhibit 1-2

Exhibit 1-3

Exhibit 1-4

Exhibit 1-5

Exhibit 1-6

Exhibit 1-7

Exhibit 1-8

Exhibit 1-9

(Exhibit 1-10)

MOTION by Plaintiff Collegiate Licensing Company, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for miscellaneous relief 18

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

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions (3, 12, 18) filed by plaintiff, and plaintiff's supporting memoranda, (13, 19), plaintiff's motions to seal, 3, motion for electronic service of process, 18, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, 12, 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 sales 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.

TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 6/28/2024: Modified on 7/24/2024.

Registry Deposit Information Form by Collegiate Licensing Company, LLC

SURETY BOND in the amount of $ 10,000.00 posted by Collegiate Licensing Company, LLC. (Document not scanned)

MOTION by Plaintiff Collegiate Licensing Company, LLC for preliminary injunction as to Certain Defendants

(Exhibit A)

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for preliminary injunction 25

DECLARATION of Allyson M. Martin regarding memorandum in support of motion 26

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

(Exhibit 1)

SUMMONS Returned Executed by Collegiate Licensing Company, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/9/2024, answer due 7/30/2024.

Declaration of Rachel S. Miller

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction, 25, under advisement and will consider the motion unopposed if no defendant appears and objects by 7/19/2024. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering the 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.

CERTIFICATE of Service by Plaintiff Collegiate Licensing Company, LLC regarding set motion and R&R deadlines/hearings, 29

(Exhibit A)

MOTION by Plaintiff Collegiate Licensing Company, LLC for preliminary injunction as to Certain Defendants

(Exhibit A)

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for preliminary injunction 31

DECLARATION of Allyson M. Martin regarding memorandum in support of motion 32

(Exhibit 1)

SUMMONS Returned Executed by Collegiate Licensing Company, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/22/2024, answer due 8/12/2024.

Declaration of Rachel S. Miller

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction, 25. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiffs' motion for preliminary injunction, 25 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 7/24/2024:

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 31 under advisement and will consider the motion unopposed if no defendant appears and objects by 8/2/2024. Plaintiff shall serve defendants with this notice.

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 7/24/2024: Mailed notice

CERTIFICATE of Service by Plaintiff Collegiate Licensing Company, LLC regarding set motion and R&R deadlines/hearings, 37

NEW PARTIES: Foshan Yaoyang Flag Co., Ltd., Fujian Shanghang Huanchanggou Trade Co., Ltd., Fuzhou Fireball Trading Co., Ltd., Shenzhen Fsflag Co.,ltd, Shenzhen Yanhang Industry Co., Ltd., Wuxi Teemade Gift Company Ltd., Xiamen City Siming Area Sport Sprit Clothes Store, Yiwu Pingyi Jewelry Co., Ltd., Yiwu Zhimu Trading Co., Ltd., Yongxiu Chenyu Electronic Lighting Co., Ltd., Zhengzhou Damulin Industry and Trade Co., Ltd., 2023DuoDuo, 325XiangChengQuJinYeFuShiChaoShi, A3TMI86R2KD8TK, AGBGQI5V2RZIM, AGE2X, amsjdb, Ankono, Ascot Sport Pro, AZFT3MG87ESGF, BEBERI, BestJIJI, chengfeng li, ChengZuJi01, CleenJiang, CreativesBrand, EliteChampionBling, FLC blanket, Football Fans Shop, foshanshinanhaiquqinyirushangmaoyouxiangongsi, gaoshengyuan, GloriousChampionRings, Good praise e-commerce firm, GuangXiBeiLuJianKangKeJiYouXianGongSi, guchengxianchoumumoshangmaoyouxiangongsi, GuChengXianRongJuShangMaoYouXianGongSi, hefeimianxuanshangmaoyouxiangongsi, hefeiwuyushandianzishangwuyouxiangongsi, huayue store, hubeishengliangchenkejiyouxiangongsi, Kublanovsky, liuanjiaziwanhedianzishangwuyouxiangongsi, TaiYuanRuoKaiMaoYiKai, aydqo, fashionshoes65231, fashionshoes9066, freebird_sports, fzctp6, g41r, gduc, hvug, igbvb, ironmanjersey, jacket166, jacket188, Jackking595, jerseyabc11, jerseyhq, jerseymlb11, jerseynba11, jerseyncaa11, jerseynfl11, jerseyqaz11, jjhp, jjmp88, jywlv, jzjerseys, kk69953, kkangrui, s3533, universityjerseys, uwfk, vipsalemax10, x7kg, yilla888, youtiao01, zhimu_ornaments, championsrings, lijiyua-0, ngduon90, ngtun84, ngu-604325, ngubui-57, ngupham_7, nguy_748607, ora._27, panhuiyang, pha214, phhuyn86, phis-2993, phmdi-10, phuda-3222, phuvu20, qiujianshan05, qudu-4177, ququ_3459, rolland.78, ros6fd-4, saleth_41, shari.s-15, shirle95, siluuk-0, thc014, thnguye-7393, thuy_0988, tiger-shop2387, tong600nn, trduong-87, trphant-14, trthphn75, TrueTeeShirt, truon-8265, tule-9122, vinhvan6886, viqth49, vuk812, Wantbeauty, xiegu_44, yahuuella8869, zeng-3711, Magic wardrobe SHOP, Sycc Car Accessories, jerseys101.cc, pidoostore.com and teeherivar.com added to case caption. (Text entry; no document attached.)

(Exhibit A)

ATTORNEY Appearance for Defendant Magic wardrobe SHOP by Christopher Paul Keleher

MOTION by Defendant Magic wardrobe SHOP for extension of time to file answer regarding complaint 1 (POSSIBLY OPPOSED)

MINUTE entry before the Honorable Martha M. Pacold: Defendant Magic Wardrobe Shop's motion for extension of time to file an answer or otherwise responsive pleading, 41 is granted. Defendant should file an answer or otherwise responsive pleading by 8/20/2024.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction as to defendants No. 1-11, 31. By 8/28/24, plaintiff should submit a proposed preliminary injunction order and track changes version of the order to the proposed order inbox. The proposed order should include only the defendants remaining in this action that are included in 31. Mailed notice.

MINUTE entry before the Honorable Martha M. Pacold: No defendant covered by plaintiff's motion for entry of a preliminary injunction as to certain defendants, 31, has appeared or objected to the motion. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction, 31 is granted. Enter Preliminary Injunction.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 9/3/2024:

MOTION by Plaintiff Collegiate Licensing Company, LLC to approve consent judgment as to Certain Defendants

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of a consent judgment as to Defendant Nos. 4, 12, 13, 14, 18, 22, 24, 25, 33, 36, 27, 38, 40, and 121 46 is granted. Enter consent judgment.

CONSENT JUDGMENT as to Defendant Nos. 4, 12, 13, 14, 18, 22, 24, 25, 33, 36, 37, 38, 40, and 121 Signed by the Honorable Martha M. Pacold on 11/22/2024:

Entered on wrong docket. Modified on 11/22/2024.

MOTION by Plaintiff Collegiate Licensing Company, LLC for entry of default as to all Defendants, MOTION by Plaintiff Collegiate Licensing Company, LLC for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for entry of default, motion for default judgment, 50

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 51

(Exhibit 1)

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, 50, must enter an appearance and file a written objection by 12/11/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

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.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 50. The motion 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 statutory damages should be awarded in the amount of one hundred thousand dollars ($100,000) per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks and copyrights 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 defendant has appeared to argue otherwise. Thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand dollars ($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 Greer, Burns & Crain Ltd., 200 W Madison St., Ste 2100, Chicago, IL 60606. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 1/13/2025: Mailed notice.

DEFAULT JUDGMENT ORDER: Signed by the Honorable Martha M. Pacold on 1/13/2025: Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

NOTICE of withdrawal of bond [24] by John Summerfield (bi,)