2024-cv-08434

COMPLAINT filed by Mattel, Inc.; Filing fee $ 405, receipt number AILNDC-22476529.

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(Exhibit 5)

SEALED EXHIBIT by Plaintiff Mattel, Inc. Schedule A regarding complaint 1

MOTION by Plaintiff Mattel, Inc. for leave to file under seal

CIVIL Cover Sheet

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

Notice of Claims Involving Trademarks by Mattel, Inc.

ATTORNEY Appearance for Plaintiff Mattel, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Mattel, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Mattel, Inc. by Rachel S Miller

ATTORNEY Appearance for Plaintiff Mattel, Inc. by Justin Tyler Joseph

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). (qrtr,)

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. (qrtr,)

MOTION by Plaintiff Mattel, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Mattel, Inc. in support of motion for temporary restraining order 11

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12

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Exhibit 3

(Exhibit 4)

DECLARATION of Adam Sapper regarding memorandum in support of motion 12

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Mattel, Inc. Exhibit 3 - Parts 1-2 regarding declaration 14

Exhibit 3-1

(Exhibit 3-2)

MOTION by Plaintiff Mattel, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Mattel, Inc. in support of motion for miscellaneous relief 16

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file 3, motion for miscellaneous relief 16, motion for temporary restraining order 11 before Honorable John Robert Blakey on 10/2/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Plaintiff seeks to sue 112 separately identified Defendants in this single trademark and copyright infringement suit. Joinder of multiple defendants in a single infringement action remains appropriate only if the claims against the Defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all Defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff alleges that "E-commerce stores operating under the Seller Aliases share unique identifiers, establishing a logical relationship between them and that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences." [1] at paragraph 3. Plaintiff also alleges that, even though Defendants "operate under multiple fictitious aliases, the e-commerce stores operating under the Seller Aliases often share unique identifiers such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other seller aliases they operate or use. E-commerce stores operating under the Seller Aliases include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images. Additionally, Unauthorized Products for sale by the Seller Aliases bear similar irregularities and indicia of being counterfeit to one another, suggesting that the Unauthorized Products were manufactured by and come from a common source and that Defendants are interrelated." Id. at paragraph 33. Finally, Plaintiff alleges that "Defendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Unauthorized Products in the same transaction, occurrence, or series of transactions or occurrences." Id. at paragraph 36. For the most part, these allegations are conclusory, and the Court need not accept them. Additionally, the allegations are belied by the screenshot evidence submitted along with Plaintiff's TRO motion, which shows a variety of images, products, and photos. See, e.g., [15-1] at 21 (pink Barbie phone case); [15-1] at 52 (beige wooden miniature dollhouse); [15-1] at 248 (handmade Barbie and Hello Kitty press on nails); [15-2] at 126 (miniature glass encased dollhouse with music box); [15-2] at 47 (Jeep armrest trim). Although some of the websites do appear to be using the same stock images, see, e.g., [15-2] at 56, 68, 86, 92, 95, 126, the majority do not use common photos and remain otherwise unremarkable in their appearances. The submissions thus provide no factual basis to find that these various sellers and goods remain interrelated such that joinder in this single action is appropriate. To the extent Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support joinder, it may do so by 10/30/24. If Plaintiff fails to comply, the Court will dismiss this case. The Court dismisses without prejudice the complaint [1], denies without prejudice all pending motions [3], [11], [16] and strikes the 10/2/24 Notice of Motion date. Mailed notice

AMENDED complaint by Mattel, Inc. against us_michigan and the Individuals and Entities Operating us_michigan and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

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(Exhibit 4)

EXHIBIT by Plaintiff Mattel, Inc. Amended Schedule A regarding amended complaint, 21

MINUTE entry before the Honorable John Robert Blakey: Plaintiff shall file a status report by 11/19/24 confirming service and proposing next steps to advance this case. Mailed notice.

MOTION by Plaintiff Mattel, Inc. for discovery Expedited

MOTION by Plaintiff Mattel, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Mattel, Inc. in support of motion for miscellaneous relief[25]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[26]

Exhibit 1

Exhibit 2

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[25], motion for discovery[24] before Honorable John Robert Blakey on 11/27/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motions for expedited discovery [24] and for electronic service of process [25], and strikes the 11/27/24 Notice of Motion date. Mailed notice

STATUS Report per [23] by Mattel, Inc.

MINUTE entry before the Honorable John Robert Blakey: Plaintiff shall file a status report by 12/20/24 confirming service and proposing next steps to advance this case. Mailed notice

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendant

STATUS Report per [31] by Mattel, Inc.

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 32, this case is dismissed without prejudice as to the sole Defendant, us_michigan. Absent reinstatement by 2/28/25, this dismissal shall automatically convert to a dismissal with prejudice. Civil case terminated. Mailed notice.