2024-cv-07702

COMPLAINT for Copyright Infringement filed by HONG KONG LEYUZHEN TECHNOLOGY CO., LTD; Jury Demand. Filing fee $ 405, receipt number AILNDC-22405139.

Exhibit 1 to the Complaint

(Exhibit 2 to the Complaint)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff HONG KONG LEYUZHEN TECHNOLOGY CO., LTD by Shawn Anthony Mangano

MOTION by Plaintiff Hong Kong Leyuzhen Technology Co., Ltd for leave to file excess pages for Temporary Restraining Order

MOTION by Plaintiff Hong Kong Leyuzhen Technology Co., Ltd for temporary restraining order INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a temporary restraining order and for electronic service of process 9, and motion for excess pages 8 are granted. 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. 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 will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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. The Temporary Restraining Order being separately entered requires Plaintiff to post a $10,000 surety bond. Mailed notice.

TEMPORARY Restraining Order Signed by the Honorable Lindsay C. Jenkins on 8/29/2024. Mailed notice.

MOTION by Plaintiff Hong Kong Leyuzhen Technology Co., Ltd to deposit funds into Court Registry

(Exhibit Registry Deposit Information Form)

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Schedule A Hereto

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to deposit funds into the court registry 16 is granted. Separate order to issue. Mailed notice.

ORDER Signed by the Honorable Lindsay C. Jenkins on 9/4/202. :Mailed notice.

MOTION by Plaintiff Hong Kong Leyuzhen Technology Co., Ltd for extension of time First Motion to Extend Temporary Restraining Order

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 20 is granted. The TRO is extended to September 26, 2024. Mailed notice.

MOTION by Plaintiff Hong Kong Leyuzhen Technology Co., Ltd for extension of time SECOND MOTION TO EXTEND TEMPORARY RESTRAINING ORDER BY CONVERTING IT TO A PRELIMINARY INJUNCTION PENDING FORMAL MOTION HEARING

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's second motion to extend the TRO 22 is granted given the reasons explained in the motion. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the forthcoming 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. Plaintiff shall file a status report as to the progress of compliance with the TRO's requirements by October 10, 2024 unless a motion for Preliminary Injunction is filed sooner. Mailed notice.

SUMMONS Returned Executed by Hong Kong Leyuzhen Technology Co., Ltd as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Schedule A Hereto on 9/26/2024, answer due 10/17/2024.

MOTION by Plaintiff Hong Kong Leyuzhen Technology Co., Ltd for preliminary injunction

Exhibit Memorandum of Law ISO Motion for Preliminary Injunction

Declaration of Shawn A. Mangano ISO Motion for Preliminary Injunction

Declaration of Liangjie Li ISO Motion for Preliminary Injunction

SEALED DOCUMENT by Plaintiff Hong Kong Leyuzhen Technology Co., Ltd Amended Schedule A Template for Preliminary Injunction

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [25] for entry of a preliminary injunction. 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 October 10, 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 orders entering the TRO, the TRO is extended until 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. Mailed notice.

CERTIFICATE of Service by Joseph Wendell Droter on behalf of Hong Kong Leyuzhen Technology Co., Ltd regarding order on motion for preliminary injunction, text entry, [27]

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 25 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 28 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all 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 Emailed notice

ORDER FOR PRELIMINARY INJUNCTION signed by the Honorable Lindsay C. Jenkins on 10/11/2024. Emailed notice

NEW PARTIES: A-GEOJIEER Store, Atalia Dropshipping Store, Barbi Women Store, Beautiful baby-Store, Bing Manson Store, BOQU Store, Boutique Women Clothing, Caiyi Store, Casual & Comfortable Clothes Store, CHIC Store, CIKINI Official Store, Clothes Life Store Store, Colonghsou Dthyo Store, Fall In Love With You Clothes Store, Fashion Women Clothing, Fat Large Size Swimsuit Store, Fazhifan Fashion Women's Wear Store, GG BOND Store, Girl Showing Store, Goumu Store, IDolly's Bag Store, Infashion Items Store, integrity big's store, IOWBFNYS Customize Dropship to Abroad Store and Large Size Swimsiut Store added to case caption.

NEW PARTIES: LGAH Store, LIH HUA Official Store, Lipswag Styles Store, Lulu Clothing Store, Mi You Pin Store, Mygirl Newdv Store, NIUBI Animal Store, Oufisun 53 Store, Plus Size Men T-Shirt Store, Quanly Store, R Y 30 Store, RECLOTHINGL Store, Reda-mancy Store, Sell Everything Dropshipping Store, SEniee Store, Shining Jewelry Clothes Store Store, Shop1100065002 Store, Shop1102695911 Store, Shop1102723317 Store, Shop1102888276 Store, Shop1102959698 Store, Shop1103014677 Store, Shop1103128934 Store, Shop1103275282 Store and Shop1103312877 Store added to case caption.

NEW PARTIES: Shop5246287 Store, Shop5248109 Store, Shop5830172 Store, Shop5879142 Store, Shop900235296 Store, Shop911259384 Store, Shop999999 Store Store, SUB 5243272 Store, SupBora Official Store, SUWA Chicci Store, SYJ Beautiful Clothes Store, Telaura Beachwear Store, TES Fashion Store, T-Show, Urban Outfit Store, wbj_Fahison Store, Xinxu Official Store, Yan Qun Store, YY Fashion Store, Zaran Store, ZESTY International Store, ZJFZML ZZ Store, Ivey Store, Little-Fish Store and ODFVEBX Store added to case caption.

MINUTE entry before the Honorable Lindsay C. Jenkins: By November 8, 2024, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice.

NOTICE of Voluntary Dismissal by Hong Kong Leyuzhen Technology Co., Ltd ONLY as to Defendants 59 and 62

STATUS Report in Compliance with Docket 31 by Hong Kong Leyuzhen Technology Co., Ltd

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's status report indicates the work that remains to be completed as to certain remaining Defendants. A further status report is due by December 9, 2024, unless Plaintiff moves for default judgment before that date. Mailed notice.

NOTICE of Voluntary Dismissal by Hong Kong Leyuzhen Technology Co., Ltd ONLY as to Defendant 40

MOTION by Plaintiff Hong Kong Leyuzhen Technology Co., Ltd for entry of default Against the Non-appearing Defendants

Exhibit Memorandum ISO Motion for Entry of Default

Declaration of Shawn A. Mangano ISO Motion for Entry of Default

Exhibit 1 to the Declaration of S. Mangano ISO Motion for Entry of Default

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [36] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before December 17, 2024. If no objections are filed by that date, the court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by December 13, 2024. A hearing may be requested by filing a Request for Hearing as a separate entry on the docket. 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. Mailed notice.

CERTIFICATE of Service by Joseph Wendell Droter on behalf of Hong Kong Leyuzhen Technology Co., Ltd regarding MOTION by Plaintiff Hong Kong Leyuzhen Technology Co., Ltd for entry of default Against the Non-appearing Defendants [36], text entry, [37]

MINUTE entry before the Honorable Lindsay C. Jenkins: A proposed default judgment order pursuant to FRCP 55(b) shall be emailed to the Court's PO Box by December 18, 2024. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [36] is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court awards statutory damages from each of the Defaulting Defendants in the amount of fifteen thousand dollars. Enter Final Judgment Order. Civil case terminated. Mailed notice.

FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Lindsay C. Jenkins on 12/19/2024. Mailed notice.

MOTION by Plaintiff Hong Kong Leyuzhen Technology Co., Ltd for release of funds

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for release of funds [42] is granted. Separate order to issue. Mailed notice.

ORDER: Plaintiff HONG KONG LEYUZHEN TECHNOLOGY CO., LTD, ("Plaintiff"), filed a Motion for Release of Surety Bond (the "Motion") [Dkt. No [42]]. After reviewing the Motion and the accompanying record, the Court GRANTS Plaintiff's Motion. The ten-thousand-dollar ($10,000) surety bond posted (the "Surety Bond") by Plaintiff in connection with the Temporary Restraining Order [Dkt No. [14]], and subsequently applied to the Preliminary Injunction entered [Dkt. No. [30]], is hereby ordered released to Plaintiff or its counsel BAYRAMOGLU LAW OFFICES, LLC at 1540 W Warm Springs Road Ste. 100, Henderson NV 89014. Accordingly, the Clerk of the Court is directed to release and return the Surety Bond and/or the funds posted as security in this matter to Plaintiff or its counsel. Signed by the Honorable Lindsay C. Jenkins on 1/10/2025. Mailed notice.

BILL of Costs

Exhibit Invoices & Receipts

FULL SATISFACTION of Judgment regarding order 41 ONLY as to Defendant 8

FULL SATISFACTION of Judgment regarding order[41] ONLY as to Defendants 9 and 32

FULL SATISFACTION of Judgment regarding order[41] ONLY as to Defendant 22