2024-cv-08705

COMPLAINT filed by Nike, Inc.; Filing fee $ 405, receipt number AILNDC-22503880.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

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

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

CIVIL Cover Sheet

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

Notice of Claims Involving Trademarks by Nike, Inc.

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

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

ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiff Nike, Inc. by Berel Yonathan Lakovitsky

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2).

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.

AMENDED complaint by Nike, Inc. against Guangzhou Huayi Footwear Co., Ltd. and the Individuals and Entities Operating Guangzhou Huayi Footwear Co., Ltd. and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding amended complaint, [11]

MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 3 is granted. On or before 11/14/24, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website, including the Court's case management procedure for motions to dismiss. Initial tracking status hearing set for 11/29/24 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice

MOTION by Plaintiff Nike, Inc. for discovery Expedited

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

MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief[15]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16]

Exhibit 1

Exhibit 2

STATUS Report Initial per [13] by Nike, Inc.

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for expedited discovery 14 and motion for electronic service of process 15 are granted. 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. The 11/29/24 tracking status hearing is stricken and re-set to 1/3/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

ORDER. Signed by the Honorable Jeffrey I Cummings on 11/15/2024. Mailed notice

SUMMONS Issued as to Defendant Guangzhou Huayi Footwear Co., Ltd. and the Individuals and Entities Operating Guangzhou Huayi Footwear Co., Ltd.

SUMMONS Returned Executed by Nike, Inc. as to Guangzhou Huayi Footwear Co., Ltd. on 12/4/2024, answer due 12/25/2024; The Individuals and Entities Operating Guangzhou Huayi Footwear Co., Ltd. on 12/4/2024, answer due 12/25/2024.

Declaration of Berel Y. Lakovitsky

(Exhibit A)

MOTION by Plaintiff Nike, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment 22

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 23

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

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.

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion [22] 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, an order of 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 1/17/25. 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. The previously set 1/3/25 tracking status hearing is stricken and re-set to 2/7/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

CERTIFICATE of Service by Plaintiff Nike, Inc. regarding terminate deadlines and hearings, set/reset hearings, 26

(Exhibit A)

MINUTE entry before the Honorable Jeffrey I Cummings: The remaining defendant has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [22] 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 defendant (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 concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Jeffrey I Cummings on 2/12/2025: Mailed notice

EMAILED Trademark report with certified copy of minute order dated 2/12/25 to Patent Trademark Office, Alexandria VA

ENTERED JUDGMENT Mailed notice