2024-cv-05254

COMPLAINT filed by Collegiate Licensing Company, LLC; Filing fee $ 405, receipt number AILNDC-22173973.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Schedule A regarding complaint 1 Modified on 7/26/2024.

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 Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (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.

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

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 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Sterling Hawkins regarding memorandum in support of motion 14

(Exhibit 1)

DECLARATION of Lindsay Conn regarding memorandum in support of motion 14

EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Exhibit 1 - Parts 1-9 regarding declaration 17 Modified on 7/26/2024.

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)

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 19

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions (3, 13, 19) filed by plaintiff, the supporting memoranda (14, 20) and the temporary restraining order, plaintiff's motions to seal, 3, motion for electronic services of process, 19, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, 13, 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. Modified on 7/15/2024.

TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 7/2/2024: Modified on 7/29/2024.

Registry Deposit Information Form by Collegiate Licensing Company, LLC

SUMMONS Issued as to The Partnerships and all other Defendants identified in the Complaint (Text entry; no document attached.)

CIVIL BOND in the amount of $ 10,000 posted by Collegiate Licensing Company, LLC. (Document not Imaged).

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 26

DECLARATION of Allyson M. Martin regarding memorandum in support of motion 27

(Exhibit 1)

SUMMONS Returned Executed by Collegiate Licensing Company, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/11/2024, answer due 8/1/2024.

Declaration of Rachel S. Miller

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction, 26 under advisement and will consider the motion 26 unopposed if no defendant appears and objects by 7/24/2024. 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 order on motion for preliminary injunction, set motion and R&R deadlines/hearings, 30

(Exhibit 1)

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction as to certain defendants, 26. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiffs' motion for preliminary injunction as to defendants Nos. 7-45 and 47-122, 26 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 7/26/2024:

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 7/26/2024. Mailed notice.

NEW PARTIES: Fuzhou Evergreen Gift Co., Ltd., Quanzhou Galaxy Trading Co., Ltd., Quanzhou Jiuyue Network Technology Co., Ltd., Shanghai Dingjiacheng Apparel Co., Ltd., Shanghai Senior Flags Manufacture Co., Ltd., Zhejiang Yinmao Import & Export Co., Ltd., Jack Mixc, jackieChan, LYQSH, OHFAHFKJBJKEAZC, panlongquyufusuobaihuodian, PFAFASGDZCCXEF, QIYUANBAIHUO, raunkaiying, RoBlh, SAGAMISHOP, SawadiKatai, shanfubaihuodian, Sports And Champions, TaiYuanChenMuMaoYiYouXian, taiyuanshiliuyuguangkejiyouxiangongsi, taiyuanshirenjiashangmaoyouxiangongsi, taiyuanshixianxueshangmaoyouxiangongsi, taiyuanshixuejiaweishangmaoyouxiangongsi, taiyuanshizhangmengleishangmaoyouxiangongsi, taiyuanshizhaojinzhushangmaoyouxiangongsi, tongxiaodianzi, Tule Durimu, TunZhen, US Sports Fan Shop, WEIyan, XGX WIG, xiangyangshidebushangmaoyouxiangongsi, xiangyangshiduntishangmaoyouxiangongsi, XiangYangShiPiaoPengKeShangMaoYouXianGongSi, XiangYangShiRuiXiangShangMaoYouXianGongSi, xiangyangshizhangyiershangmaoyouxiangongsi, xiaotanwang, xinluoqu jingcaixuan baihuoshanghang, xixidongbh, XuJiaQiangDP, yanyanxd, yeranwei, fashion3301, fashionshoes88221, Guangzhou Jm-Store Trading Co., Ltd., jerseysports4, ktdd, liuyang5200, lth4, luodz, mfcd, mitchellness_shop, mlbjersey111, mlbjersey222, mnb782, moss_stitchedjersey, mvjy, nbajersey111, nbajersey222, nbajersey333, ncaa3740, professionalsports02, pwhk, qpnv, s3307, s4561, seller0516, seller5225, seller6868, sportsplanet8, supermanjersey, top_stitched_jersey, addie._93, allyson_1748, amparo76, ariel._58, BEAUTY V5, bertie-2394, beverl-36, bilen_6526, binguye-71, blanche28, broderick.-42, chuyen-2588, chuyiadgai_0, clark.f62, clas99934, dankh4957, darrell_14, dinhsieu_t59, do_819001, dong._62, moviecomjersey, wpdo_7, zhaoqiuling2022, zuqinbq, Bin Xing decoration shop, ELEGANT EMBELLISHMENTS, FANGXINGYU, Football jerseys, GoodFortune, Indigoo, Jazzier, PREMIUM HOME STYLES, Shifei cat, SKY FLAG, Starwarer, Super Star Jersey, XIAO NIU, Xnn car sticker shop, YOIKII GO, ANANAR, FJchenyi, MSKFZ, Mulang Store, tee4team.com, LinhTees, stanystore.com, topsmartdesign.com, abayamzclothing.com and rugbychampions.club added to case caption. (Text entry; no document attached.)

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 35

DECLARATION of Allyson M. Martin regarding memorandum in support of motion 36

(Exhibit 1)

SUMMONS Returned Executed by Collegiate Licensing Company, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/29/2024, answer due 8/19/2024.

Declaration of Rachel S. Miller

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction as to certain defendants, 35, under advisement and will consider the motion unopposed if no defendant appears and objects by 8/9/2024. Plaintiff shall serve defendants with this notice.

CERTIFICATE of Service by Plaintiff Collegiate Licensing Company, LLC regarding set motion and R&R deadlines/hearings, 39

(Exhibit A)

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. 1-6 and 46, 35. By 8/19/2024, 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 35.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction against defendants No. 1-6 and 46, 35. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiffs' motion for preliminary injunction, 35, 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. Plaintiff is directed to file a status report by 8/28/24 updating the court on the status of the case, including proposed next steps. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/21/2024. Mailed notice.

Entered in error.

STATUS Report per 42, 44 by Collegiate Licensing Company, LLC

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: The court has received Plaintiff Collegiate Licensing Company, LLC's status report, 45. Plaintiff is directed to file a status report by 9/20/2024 updating the court on the status of the case, including proposed next steps, unless the Plaintiff files a default judgment before that time.

STATUS Report per 46 by Collegiate Licensing Company, LLC

(Exhibit A)

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: By 11/27/2024, plaintiff should submit a status report updating the court on the status of the case.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of a consent judgment as to Defendant Nos. 2, 18, 21, 22, 23, 24, 26, 28, 29, 33, 34, 35, 36, 38, 39, 40, 41, 46, 99, 103, 105, 107, 108, 109, and 112 48 is granted. Enter consent judgment.

CONSENT JUDGMENT as to Defendant Nos. 2, 18, 21, 22, 23, 24, 26, 28, 29, 33, 34, 35, 36, 38, 39, 40, 41, 46, 99, 103, 105, 107, 108, 109, and 112 Signed by the Honorable Martha M. Pacold on 11/22/2024:

MOTION by Plaintiff Collegiate Licensing Company, LLC to approve consent judgment as to Defendant No. 102

(Exhibit A)

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, 53

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 54

(Exhibit 1)

STATUS Report per 49 by Collegiate Licensing Company, LLC

(Exhibit A)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of a consent judgment as to Defendant No. 102 52 is granted. GoodFortune terminated. Enter consent judgment.

CONSENT JUDGMENT as to defendant No. 102 GoodFortune Signed by the Honorable Martha M. Pacold on 12/4/2024:

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, 53, 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.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [53]. 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 original ten-thousand-dollar ($10,000) surety bond [25] posted by Plaintiff's counsel Greer, Burns & Crain Ltd., 200 W. Madison St., Ste 2100, Chicago, IL 60606. via certified mail # 9589 0710 5270 0579 7799 60. (Text entry; no document attached.)

FULL SATISFACTION of Judgment regarding Default Judgment 61 in the amount of $100,000 as to certain defendant

RETURN of U.S. Post Office receipt, Article No. 9589 0710 5270 0579 7799 60.