2024-cv-05732

COMPLAINT filed by Fabric Selection, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22219125.

Exhibit A to Complaint

Exhibit B to Complaint

Exhibit C to Complaint

Exhibit D to Complaint

(Schedule A to Complaint)

SEALED DOCUMENT by Plaintiff Fabric Selection, Inc. -- (Unredacted) Complaint

Exhibit A to Complaint

Exhibit B to Complaint

Exhibit C to Complaint

(Exhibit D to Complaint)

SEALED DOCUMENT by Plaintiff Fabric Selection, Inc. -- Unredacted Schedule A to Complaint

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Fabric Selection, Inc. by Mackenzie Paladino

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fabric Selection, Inc.

ATTORNEY Appearance for Plaintiff Fabric Selection, Inc. by Trevor William Barrett

MAILED copyright report to Registrar, Washington DC

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 3).

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.

SEALED MOTION by Plaintiff Fabric Selection, Inc. for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service

Memorandum in Support of Motion

Declaration of Shahdad Javaheri

Declaration of Mackenzie Paladino

(Exhibit 1 to Declaration of Mackenzie Paladino)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to seal 10 and ex parte motion for a temporary restraining order 11, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process is granted as to Amended Schedule A. Plaintiff's submissions 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 file under seal the documents identified in the motion to seal. 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 on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 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 counterfeit 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 9/23/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 8/1/2024

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to extend the TRO [15] is granted. The TRO entered on 8/1/24 [13] is extended to 8/28/24. Mailed notice

MOTION by Plaintiff Fabric Selection, Inc. for preliminary injunction

Memorandum in Support of Motion

(Declaration of Trevor W. Barrett)

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 20. In connection with that motion, plaintiff must serve all remaining 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 by or before September 6, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon 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 Fed.R.Civ.P. 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 Fabric Selection, Inc. regarding text entry, 21

NOTICE of Voluntary Dismissal by Fabric Selection, Inc. as to Defendant Nos. 1, 6, 8 only

NOTICE of Voluntary Dismissal by Fabric Selection, Inc. as to Defendant HOTOUCH only

STATUS Report by Fabric Selection, Inc.

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 20 is granted. Plaintiff's filings establish that it 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 goods. Plaintiff has also certified and established that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any remaining defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that the defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The 9/23/24 tracking status hearing is stricken and re-set to 11/8/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

NEW PARTIES: Rheane US, Peauty US Direct, Zmkovms, Qurvoo, NeuFashion Direct, HappyDeer Fashion, MOQIVGI, JCZHWQU, JinsBear, AxByCzD, HAOMEILI and pimelu clothes store added to case caption.

PRELIMINARY INJUNCTION Order signed by the Honorable Jeffrey I Cummings on 9/19/2024. Mailed notice

NOTICE of Voluntary Dismissal by Fabric Selection, Inc. as to Defendant Nos. 2, 3 only

NOTICE of Voluntary Dismissal by Fabric Selection, Inc. as to Defendant #7 Qurvoo only

ATTORNEY Appearance for Defendant Zmkovms by Pete Scott Wolfgram

NOTICE of Voluntary Dismissal by Fabric Selection, Inc. as to Defendant #17 pimelu clothes store only

NOTICE of Voluntary Dismissal by Fabric Selection, Inc. as to Defendant #14 JinsBear only

NOTICE of Voluntary Dismissal by Fabric Selection, Inc. as to Defendant #10 HappyDeer Fashion only

NOTICE of Voluntary Dismissal by Fabric Selection, Inc. as to Defendant #12 JCZHWQU only

NOTICE of Voluntary Dismissal by Fabric Selection, Inc. as to Defendant Nos. 11, 15 only

NOTICE of Voluntary Dismissal by Fabric Selection, Inc. as to Defendant #16 HAOMEILI only

MINUTE entry before the Honorable Jeffrey I Cummings: By 12/4/24, plaintiff shall file a status report regarding the status of ongoing settlement negotiations, if any, and how plaintiff intends to proceed in this matter. The previously set 11/8/24 tracking status hearing is stricken and re-set to 12/13/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

NOTICE of Voluntary Dismissal by Fabric Selection, Inc. as to Defendant #5 Zmkovms only

STATUS Report by Fabric Selection, Inc.

MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's status report 39, which indicates that plaintiff intends to move for default against the remaining defendant. Plaintiff's motion for default shall be filed on or before 12/18/24. The previously set 12/13/24 tracking status hearing is stricken and re-set to 1/17/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice.

MOTION by Plaintiff Fabric Selection, Inc. for default judgment as to Defendant #9 NeuFashion Direct

MEMORANDUM by Fabric Selection, Inc. in support of motion for default judgment 41

DECLARATION of Trevor W. Barrett regarding motion for default judgment 41

Exhibit 1

(Exhibit 2)

CERTIFICATE of Service by Trevor William Barrett on behalf of Fabric Selection, Inc. regarding terminate hearings, set motion and R&R deadlines/hearings, set/reset hearings, 44

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 Signed by the Honorable Jeffrey I Cummings on 4/21/2025. Mailed notice

DEFAULT JUDGMENT Signed by the Honorable Jeffrey I Cummings on 4/21/2025. Mailed notice

ENTERED JUDGMENT Mailed notice