2024-cv-06472

COMPLAINT filed by Collectanea J. Limited, a Hong Kong Limited Corporation; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-22288135.

Exhibit One: Registration with Samplea

Exhibit Two: CBP Report

Exhibit Three: Law Review Article

(Exhibit Four: HSI Report)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation by Lydia Pittaway

SEALED DOCUMENT by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation SCHEDULE A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collectanea J. Limited, a Hong Kong Limited Corporation

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 3). (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.)

ATTORNEY Appearance for Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation by Michael Thomas Stanley

MAILED copyright report to Registrar, Washington DC

AMENDED complaint by Collectanea J. Limited against The Partnerships And Unincorporated Associations Identified On Schedule A

Exhibit One: Trademark Registration

Exhibit Two: Copyright Registration with Sample

Exhibit Three: Copyright Registration with Samples

Exhibit Four: CBP Report

Exhibit Five: Law Review Article

(Exhibit Six: DHS Report)

SEALED DOCUMENT by Plaintiff Collectanea J. Limited AMENDED SCHEDULE A

DECLARATION of Yu Chung Ting

Exhibit One: Trademark Registration

Exhibit Two: Registration with Sample

(Exhibit Three: Registration with Samples)

SEALED DOCUMENT by Plaintiff Collectanea J. Limited Exhibit Four (Amended Schedule A) and Exhibit Five (Evidence) to the Declaration of YU CHUNG TING

(Exhibit Five: Evidence)

MOTION by Plaintiff Collectanea J. Limited to seal

MOTION by Plaintiff Collectanea J. Limited FOR THIRD PARTY EXPEDITED DISCOVERY AND MOTION TO SEAL WITH INCORPORATED MEMORANDUM OF LAW

MOTION by Plaintiff Collectanea J. Limited PLAINTIFF'S MOTION FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3)

MOTION by Plaintiff Collectanea J. Limited for temporary restraining order

(Exhibit One: Declaration of L. Pittaway)

NOTICE of Motion by Michael Thomas Stanley for presentment of motion for temporary restraining order 15, motion to seal 12, motion for miscellaneous relief 14, motion for miscellaneous relief 13 before Honorable Jeremy C. Daniel on 9/4/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motions to seal 12, for third party expedited discovery 13 and for electronic service of process 14 are granted. Motion for TRO 15 is denied in part. The TRO is granted as to the trademark defendants only. The plaintiff shall submit a revised proposed order on or before September 5, 2024. Plaintiff's supplement as to copyright defendants is due on or before 9/11/20/24. In court ruling set for 9/17/2024 at 9:30 a.m. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 9/5/2024. Mailed notice.

SUPPLEMENT to order on motion to seal, order on motion for miscellaneous relief, order on motion for temporary restraining order, motion hearing, set motion and R&R deadlines/hearings, set deadlines/hearings, 17 Plainitiff's Supplemental Brief Supporting TRO

BOND in the amount of $5,000 law firm check, Receipt No. 100010768 posted by Collectanea J. Limited (Text entry; no document attached.)

Exhibit Exhibit A

Exhibit Exhibit B

(Exhibit Exhibit C)

REGISTRY DEPOSIT INFORMATION FORM by Collectanea J. Limited. (Received at the Intake Counter on 09/12/2024.)

MOTION by Plaintiff Collectanea J. Limited for temporary restraining order extension of 14 days

NOTICE of Motion by Lydia Pittaway for presentment of motion for temporary restraining order 21 before Honorable Jeremy C. Daniel on 9/17/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motion to extend the temporary restraining order as to the trademark defendants only 21 is granted. The TRO expires on 10/3/2024. The plaintiff's motion for a temporary restraining order as to the copyright defendants is granted. Mailed notice.

SEALED AMENDED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 9/17/2024. Mailed notice.

SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A (qrtr,) (Text entry; no document attached.)

MOTION by Plaintiff Collectanea J. Limited for temporary restraining order extension until October 10, 2024

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion to extend the temporary restraining orders [ 18, 24 ] is granted. The Court finds that good cause exists given the delay in receiving information from the third-party platforms that would allow for service of the process on the defendants. Both temporary restraining orders now expire October 10, 2024. Mailed notice.

MOTION by Plaintiff Collectanea J. Limited for preliminary injunction

NOTICE of Motion by Lydia Pittaway for presentment of motion for preliminary injunction 27 before Honorable Jeremy C. Daniel on 10/9/2024 at 09:30 AM.

CERTIFICATE of Service by Plaintiff Collectanea J. Limited

SUMMONS Returned Executed by Collectanea J. Limited as to BenChi on 10/4/2024, answer due 10/25/2024; Bluemoone LLC on 10/4/2024, answer due 10/25/2024; CRYSTALS FINDER COMPANY on 10/4/2024, answer due 10/25/2024; Elecrelive on 10/4/2024, answer due 10/25/2024; Holistic Ave on 10/4/2024, answer due 10/25/2024; Hoscus on 10/4/2024, answer due 10/25/2024; LiQunSweet on 10/4/2024, answer due 10/25/2024; Logute on 10/4/2024, answer due 10/25/2024; Nitrip on 10/4/2024, answer due 10/25/2024; Nufang on 10/4/2024, answer due 10/25/2024; Oumato on 10/4/2024, answer due 10/25/2024; Owozke on 10/4/2024, answer due 10/25/2024; PandaHall Elite on 10/4/2024, answer due 10/25/2024; Quarezj-mall on 10/4/2024, answer due 10/25/2024; STANISLAVA AKINCI on 10/4/2024, answer due 10/25/2024; SuchinmL on 10/4/2024, answer due 10/25/2024; Terisass on 10/4/2024, answer due 10/25/2024; Theatly on 10/4/2024, answer due 10/25/2024; TOOBAN on 10/4/2024, answer due 10/25/2024; unnibell on 10/4/2024, answer due 10/25/2024; zjchao123 on 10/4/2024, answer due 10/25/2024; 11Main on 10/4/2024, answer due 10/25/2024; Binde on 10/4/2024, answer due 10/25/2024; EcomHome Center on 10/4/2024, answer due 10/25/2024; Fashion Hall on 10/4/2024, answer due 10/25/2024; Glintage, LLC on 10/4/2024, answer due 10/25/2024; Kaisarui on 10/4/2024, answer due 10/25/2024; LAFGUR STORE on 10/4/2024, answer due 10/25/2024; Likede Store on 10/4/2024, answer due 10/25/2024; Martin Company LLC on 10/4/2024, answer due 10/25/2024; menghuan on 10/4/2024, answer due 10/25/2024; Mingweike Store on 10/4/2024, answer due 10/25/2024; MusicDistrib on 10/4/2024, answer due 10/25/2024; Nuotai on 10/4/2024, answer due 10/25/2024; Over the Mind LLC on 10/4/2024, answer due 10/25/2024; QIILU SHOP on 10/4/2024, answer due 10/25/2024; Queen Esther TheShop on 10/4/2024, answer due 10/25/2024; xiangjing on 10/4/2024, answer due 10/25/2024; Xingchengxi on 10/4/2024, answer due 10/25/2024; Xionghong Technology on 10/4/2024, answer due 10/25/2024; Yaoluo Store on 10/4/2024, answer due 10/25/2024; YUANXIAO on 10/4/2024, answer due 10/25/2024; ZHAOTAO STORE on 10/4/2024, answer due 10/25/2024; Zippy LLC on 10/4/2024, answer due 10/25/2024.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held on the motion for preliminary injunction. The motion for a preliminary injunction is granted. Mailed notice.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeremy C. Daniel on 10/9/2024. Mailed notice.

ATTORNEY Appearance for Defendants SuchinmL, Nuotai by Timothy Tiewei Wang

ATTORNEY Appearance for Defendant Owozke by Timothy Tiewei Wang

ATTORNEY Appearance for Defendants Logute, Nitrip, Oumato, Terisass, Theatly, unnibell, zjchao123, Kaisarui by Timothy Tiewei Wang

ATTORNEY Appearance for Defendants SuchinmL, Nuotai by Tong Jin

ATTORNEY Appearance for Defendant Owozke by Tong Jin

ATTORNEY Appearance for Defendants Logute, Nitrip, Oumato, Terisass, Theatly, unnibell, zjchao123, Kaisarui by Tong Jin

MOTION by Defendants Logute, Nitrip, Oumato, Owozke, SuchinmL, Terisass, Theatly, unnibell, zjchao123, Kaisarui, Nuotai for extension of time to file answer regarding complaint, [1] Unopposed

NOTICE of Motion by Tong Jin for presentment of motion for extension of time to file answer[39] before Honorable Jeremy C. Daniel on 10/31/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Defendants Logute, Nitrip, Oumato, Owozke, SuchinmL, Terisass, Theatly, unnibell, zjchao123, Kaisarui, Nuotai's motion for an extension of time 39 is granted. These defendants shall answer or otherwise plead on or before November 15, 2024. The motion hearing is stricken. Mailed notice.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SuchinmL, Nuotai

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Owozke

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Logute, Nitrip, Oumato, Terisass, Theatly, unnibell, zjchao123, Kaisarui

MOTION by Plaintiff Collectanea J. Limited for default judgment as to Defendant Nos. 1-7, 10, 14-15, 19, 22-25, 28-33, 35-44, MOTION by Plaintiff Collectanea J. Limited for entry of default Defendant Nos. 1-7, 10, 14-15, 19, 22-25, 28-33, 35-44

Exhibit One: Declaration of L. Pittaway

MOTION by Defendants Logute, Nitrip, Oumato, Owozke, SuchinmL, Terisass, Theatly, unnibell, zjchao123, Kaisarui, Nuotai to vacate preliminary injunction[32]

Exhibit A - Declaration of Weiyan Cao

Exhibit B - Declaration of Xing Wan

Exhibit C - Declaration of Bo Gao

Exhibit D - Declaration of Xiaofen Hu

Exhibit E - Declaration of Qiang Gao

ATTORNEY Appearance for Defendant Elecrelive by Christopher Paul Keleher

MOTION by Defendant Elecrelive for extension of time to file answer regarding complaint, [1] (UNKNOWN IF OPPOSED)

ATTORNEY Appearance for Defendant LiQunSweet by Christopher Paul Keleher

MOTION by Defendant LiQunSweet for extension of time to file answer regarding complaint, [1] (UNKNOWN IF OPPOSED)

NOTICE of Motion by Christopher Paul Keleher for presentment of motion for extension of time to file answer[50] before Honorable Jeremy C. Daniel on 11/13/2024 at 09:30 AM.

NOTICE of Motion by Christopher Paul Keleher for presentment of motion for extension of time to file answer[48] before Honorable Jeremy C. Daniel on 11/13/2024 at 09:30 AM.

ATTORNEY Appearance for Defendant TOOBAN by Adam Edward Urbanczyk

MOTION by Defendant TOOBAN for extension of time

NOTICE of Motion by Adam Edward Urbanczyk for presentment of extension of time[54] before Honorable Jeremy C. Daniel on 11/13/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Defendants Elecrelive's and LiQunSweet's respective motions for an extension of time [48] and [50] are granted. These defendants shall respond to the complaint on or before November 28, 2024. Defendant TOOBAN's motion for an extension of time [54] is also granted. This defendant shall respond to the complaint on or before December 9, 2024. Mailed notice

CERTIFICATE of Service by Plaintiff Collectanea J. Limited

NOTICE of Motion by Lydia Pittaway for presentment of motion for default judgment, motion for entry of default, [45] before Honorable Jeremy C. Daniel on 11/14/2024 at 09:30 AM.

CERTIFICATE of Service by Plaintiff Collectanea J. Limited

NOTICE of Motion by Timothy Tiewei Wang for presentment of motion to vacate, [46] before Honorable Jeremy C. Daniel on 11/21/2024 at 09:30 AM.

MOTION by Defendants Logute, Nitrip, Oumato, Owozke, SuchinmL, Terisass, Theatly, unnibell, zjchao123, Kaisarui, Nuotai for extension of time to file answer regarding amended complaint, [8] Unopposed

NOTICE of Motion by Tong Jin for presentment of motion for extension of time to file answer[61] before Honorable Jeremy C. Daniel on 11/21/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motion for entry of default and final judgment [45] is taken under advisement. Plaintiff's supplement is due on or before 11/21/2024. Defendants zjchao123, Unnibell, Nitrip, Oumato, Logute, Terisass, Theatly, Kaisarui, Nuotai, SuchinmL, and Owozke's unopposed second motion to extend deadline to answer or otherwise plead [61] is granted. Defendants shall answer or otherwise plead on or before 12/6/2024. The motion hearing set for 11/21/2024 is stricken. Mailed notice.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing set for 11/21/2024 at 9:30 a.m. Mailed notice.

MOTION by Plaintiff Collectanea J. Limited for extension of time to file Supplemental Brief Supporting Damages

NOTICE of Motion by Michael Thomas Stanley for presentment of motion for extension of time to file[65] before Honorable Jeremy C. Daniel on 11/21/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for an extension of time [65] is granted. The plaintiff shall file its supplemental brief on or before December 12, 2024. Mailed notice.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Defendants Logute, Nitrip, Oumato, Owozke, SuchinmL, Terisass, Theatly, unnibell, zjchao123, Kaisarui, and Nuotai motion to vacate [46] is entered and briefed as follows: response is due on or before 12/5/2024; any reply is due on or before 12/12/2024. Court will rule by mail. Oral motion to unseal is granted. The Clerk is directed to unseal docket entry 11 in its entirety. Oral motion to produce sales data as to the related 11 defendants is granted. Plaintiff has until 11/29/2024 to produce the sales data. Mailed notice.

NOTICE of Voluntary Dismissal by Collectanea J. Limited against Def. (No. 4) Elecrelive

ATTORNEY Appearance for Defendant Holistic Ave by Mark Berkowitz

MOTION by Defendant Holistic Ave for extension of time to file answer regarding amended complaint, [8]

NOTICE of Motion by Mark Berkowitz for presentment of motion for extension of time to file answer[71] before Honorable Jeremy C. Daniel on 11/26/2024 at 09:30 AM.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collectanea J. Limited (Amended)

MINUTE entry before the Honorable Jeremy C. Daniel: Defendant Holistic Ave's motion for an extension of time to file an answer [71] is granted. This defendant shall respond to the complaint on or before December 19, 2024. The motion hearing is stricken. Mailed notice.

NOTICE of Voluntary Dismissal by Collectanea J. Limited AS TO DEF. (No. 5) Holistic Ave

NOTICE of Voluntary Dismissal by Collectanea J. Limited against Def. (No. 13) PandaHall Elite.

NOTICE of Voluntary Dismissal by Collectanea J. Limited against Def. (No. 7) LiQunSweet

RESPONSE by Collectanea J. Limitedin Opposition to MOTION by Defendants Logute, Nitrip, Oumato, Owozke, SuchinmL, Terisass, Theatly, unnibell, zjchao123, Kaisarui, Nuotai to vacate preliminary injunction[32] [46]

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Logute, Nitrip, Oumato, Owozke, SuchinmL, Terisass, Theatly, unnibell, zjchao123, Kaisarui, Nuotai, and for lack of personal jurisdiction, improper venue, and defective service of process

Exhibit A - Declaration of Weiyan Cao

Exhibit B - Declaration of Xing Wan

Exhibit C - Declaration of Bo Gao

Exhibit D - Declaration of Xiaofen Hu

Exhibit E - Declaration of Qiang Gao

Exhibit F - Notice to Defendants

Exhibit G - Declaration of Tong Jin

MINUTE entry before the Honorable Jeremy C. Daniel: Certain defendants' motion to dismiss [79] is briefed as follows: response is due on or before 1/7/2025; any reply is due on or before 1/14/2025. Status hearing set for 2/25/2025 at 9:30 a.m. Mailed notice.

NOTICE of Voluntary Dismissal by Collectanea J. Limited as to Def. (No. 19) Tooban

NOTICE of Voluntary Dismissal by Collectanea J. Limited as to DEF. (NO. 22) 11Main

REPLY by Defendants Logute, Nitrip, Oumato, Owozke, SuchinmL, Terisass, Theatly, unnibell, zjchao123, Kaisarui, Nuotai to response in opposition to motion, [78]

Exhibit A

SUPPLEMENT to order on motion for extension of time to file, terminate hearings, set deadlines/hearings[67], order on motion for default judgment, order on motion for entry of default, order on motion for extension of time to answer, motion hearing, set deadlines, terminate hearings, [63]

DEFAULT JUDGMENT ORDER. Signed by the Honorable Jeremy C. Daniel on 12/19/2024. Mailed 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.

MOTION by Plaintiff Collectanea J. Limited for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim, [79] Agreed

NOTICE of Motion by Michael Thomas Stanley for presentment of motion for extension of time to file response/reply[87] before Honorable Jeremy C. Daniel on 1/14/2025 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for an extension of time [87] is granted. The plaintiff's response is due on or before January 14, 2025; any reply is due on or before January 21, 2025. The motion hearing is stricken. Mailed notice.

MOTION by Plaintiff Collectanea J. Limited for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim, [79] Second Agreed Motion to Extend Time

NOTICE of Motion by Michael Thomas Stanley for presentment of motion for extension of time to file response/reply[90] before Honorable Jeremy C. Daniel on 1/21/2025 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's second agreed motion for an extension of time [90] is granted. The response is now due January 28, 2025, and the reply now due February 4, 2025. No further extensions will be granted based on the parties' settlement efforts. The motion hearing is stricken. Mailed notice.

PLAINTIFFS NOTICE OF SETTLEMENT WITH DEFENDANTS 8, 9, 11, 12, 16 17, 18, 20, 21, 27, and 34, AND MOOTED MOTION by Collectanea J. Limited

ATTORNEY Appearance for Plaintiff Collectanea J. Limited by Sandra Cristina Perez-blackmar

NOTICE of Voluntary Dismissal by Collectanea J. Limited of Defendant No. 26 Glintage, LLC

MINUTE entry before the Honorable Jeremy C. Daniel: In light of the plaintiff's notice of settlement [93], the following motions are denied as moot: [46], MOTION by Defendants Logute, Nitrip, Oumato, Owozke, SuchinmL, Terisass, Theatly, unnibell, zjchao123, Kaisarui, Nuotai to vacate preliminary injunction, and [79], MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Logute, Nitrip, Oumato, Owozke, SuchinmL, Terisass, Theatly, unnibell, zjchao123, Kaisarui, Nuotai, and for lack of personal jurisdiction, improper venue, and defective service of process. Mailed notice.

MINUTE entry before the Honorable Jeremy C. Daniel: Status report due on or before 2/20/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Collectanea J. Limited AS TO DEF. (No. 8) Logute, (No. 9) Nitrip, (No. 11) Oumato, (No. 12) Owozke, (No. 16) SuchinmL, (No. 17) Terisass, (No. 18) Theatly, (No. 20) unnibell, (No. 21) zjchao123, (No. 27) Kaisarui, (No. 34) Nuotai

STATUS Report by Collectanea J. Limited

MOTION by Plaintiff Collectanea J. Limited for bond return

ORDER ON PLAINTIFF'S MOTION FOR RELEASE OF INJUNCTION BOND. Signed by the Honorable Jeremy C. Daniel on 2/21/2025. Plaintiff's motion for return of bond 100 is granted. Civil case terminated. Mailed notice.