2024-cv-10799

COMPLAINT filed by Nike, Inc.; Filing fee $ 405, receipt number AILNDC-22627486.

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 Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (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.)

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

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

MEMORANDUM by Nike, Inc. in support of motion for temporary restraining order[13]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Joe Pallett regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 1-3 regarding declaration[16]

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[18]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to file under seal 3 and motion for electronic service of process 18 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 13 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 11/12/2024 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO must be filed by 11/7/2024. Plaintiff should not delay service until too close to the preliminary injunction hearing or the Court may deny entry of a preliminary injunction due to inadequate notice. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 10/29/2024.

Registry Deposit Information Form by Nike, Inc.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

SURETY BOND in the amount of $ 10,000 posted by Nike, Inc. (Document not scanned)

MOTION by Plaintiff Nike, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Nike, Inc. in support of extension of time 25

DECLARATION of Marcella D. Slay regarding memorandum in support of motion[26]

EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable Matthew F. Kennelly on 11/7/2024: Plaintiff's motion for extension of temporary restraining order is granted. The ex parte TRO entered by the Court on 10/29/2024 is extended through 11/26/2024. The telephonic preliminary injunction hearing set for 11/12/2024 is vacated and reset to 11/26/2024 at 9:05 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction must be filed by 11/21/2024. Plaintiff should not delay service of summons until too close to the preliminary injunction hearing or the Court may deny entry of a preliminary injunction due to inadequate notice.

MINUTE entry before the Honorable Matthew F. Kennelly: As previously ordered, the telephonic hearing set for 11/12/2024 has been vacated and reset to 11/26/2024.

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

MOTION by Plaintiff Nike, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction 31

Declaration of Marcella D. Slay

(Exhibit 1)

SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/15/2024, answer due 12/6/2024.

Declaration of Berel Y. Lakovitsky

(Exhibit A)

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of a preliminary injunction is granted 31. Enter Preliminary Injunction Order. The telephonic preliminary injunction hearing set for 11/26/2024 is vacated. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Greer, Burns and Crain, Ltd. is ordered to add all defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a telephonic status hearing on 2/5/2024 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305 915 8729. Plaintiff is directed to file a status report on 1/29/2024. The status report must include information regarding how many defendants remain in the case. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 11/22/2024. Mailed notice.

NEW PARTIES: A2D23KUE4ZUEJM, ADFED9ZU1GJC2, Ainoan, ANGEL CITIZ, asdaxiangongsi, beijingtaiweidongchenshangmaoyouxiangongsi, Charmshe US, DOUZE STORE, GEFSDWESS, Gourafno, GUOCHENXY Co., Ltd., HAOHAY, hechetri528, henanshengshunquanlongluyouziyuankaifayouxiangongsi, JOCMIC, JumGear US, KISBIMBO, LASFOUR, Letuwj, mingshangniaonanzhuang, Moteepi, shanghaicaiqiangwuyeguanliyouxiangongsi, shanghaiyuanmouluyeyouxiangongsi, tangshanhonghaoxiaofangshebeiyouxiangongsi, US Elegant Lady Shop, wwwxz-uuse, XXHUA, YiLanGe, yuankangdp, ZENGVEE, zhouyuqi, Zuemet, zunyiweijingdianzishangwuyouxiangongsi, 4Ucase, beautymallus, chuangde518, cloudshome, gnangbangshan, goldensaying, le9_7780, odelyn_cresswell, p355198, repertory, rstdt_ufdd, wenjiexiang, xcbvsw3, xies8284, yangmoshang-0, ze20-0, zhonglimao-0, zui662, 3lf5tkd5suzo4i, 8aig3z8ue0fgo, chenhao5739, elenamatgio, jackchang0507, tangsining2023, xinchen550, yanjiechen105, KCVTD-BTG, ZHENGZHIHUI, Aissdra Receiver, DOLITY, FANSSHOP, FuRuiXinShangMao, geerzanwenhuachuanbo, genghanzhuojiaoyukeji, HGEJMI, JJ JERSEY, Kaki han, KEKAIFAN, LeTylor, LittlethingSTR, putianshihangyinmaoyi, putianshilichengquzhenlong, Sock Store, wei yi, XM JERSEY, Yinjihanjiamaoyiltdshop, YQ JERSEY, zhenhuidianzi, affordablejordans.com, flightkickz.xyz, pandabuy.us, perfectkick.us, popkicksofficial.org, uabat.ru and bmlinfactory added to case caption. (Text entry; no document attached.)

ATTORNEY Appearance for Defendants JOCMIC, Zuemet by Jianyin Liu

ANSWER to Complaint by JOCMIC, Zuemet

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

MOTION by Plaintiff Nike, Inc. to approve consent judgment as to Defendant No. 44 (Agreed)

(Exhibit A)

MOTION by Plaintiff Nike, Inc. for entry of default, 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 42

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 43

(Exhibit 1)

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

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.

CONSENT JUDGMENT AS TO A PARTICULAR DEFENDANT signed by the Honorable Matthew F. Kennelly on 1/2/2025: Motion to approve consent judgment[41] is granted.

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of default [42] is granted. Final Default Judgment Order to follow. Civil case terminated. Mailed notice.

FINAL DEFAULT JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 1/3/2025. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA

FULL SATISFACTION of Judgment regarding Default Judgment, order 49 in the amount of $100,000 as to certain defendant

ATTORNEY Appearance for Defendant JumGear US by Yan Zong

ATTORNEY Appearance for Defendant JumGear US by Mary Catherine Merz

MOTION by Defendant JumGear US to set aside default

Declaration

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Rule 3.2 Disclosure

MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion by JumGear US to set aside default 54 is to be filed by 4/16/2025; reply to response is to be filed by 4/23/2025. Telephonic motion hearing is set for 4/30/2025 at 9:05 AM, using call-in number 650-479-3207, access code 2305-915-8729.

RESPONSE by Nike, Inc.in Opposition to MOTION by Defendant JumGear US to set aside default 54

DECLARATION of Berel Y. Lakovitsky regarding response in opposition to motion 56

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Exhibit 9

(Exhibit 10)

REPLY by JumGear US to response in opposition to motion[56] to set aside default [54]

Exhibit

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic hearing set for 9:05 AM on 4/30/2025 is advanced to 8:50 AM on that same date, using call-in number 650-479-3207, access code 2305-915-8729.

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 4/30/2025. Defendant's motion to set aside default judgment 54 is set for an in-person hearing on 5/6/2025 at 9:30 a.m. The hearing will be held in Courtroom 2103. Mailed notice.

MOTION by Attorney Mary Catherine Merz and Yan Zong of Merz & Associates, P.C. to withdraw as attorney for JumGear US. New address information: JumGear US, Shandong Pilot Free Trade Zone Jinan Area, No. 9777, Jingshi Rd., Lushang Guoao Plaza, Building 2-2025, Jinan, Shandong 250000, China

Appendix Pro Se contact information

MINUTE entry before the Honorable Matthew F. Kennelly: In person motion hearing held on 5/6/2025. Attorneys Mary Catherine Merz and Yan Zong's motion to withdraw 61 is granted as to the reasons stated in open Court. The Clerk is directed to terminate the appearances of attorneys Mary Catherine Merz and Yan Zong from the docket. The Clerk is also directed to add the address of defendant JumGear US to the docket: JumGear US, Shandong Pilot Free Trade Zone Jinan Area, No. 9777, Jingshi Rd., Lushang Guoao Plaza, Building 2-2025, Jinan, Shandong 250000, China. Defendant JumGear's motion to set aside the default judgment 54 is taken under advisement. Mailed notice.

Clarifying STATEMENT by Nike, Inc. Regarding May 6, 2025 Motion Hearing

NOTICE by Nike, Inc. re statement 63

MINUTE entry before the Honorable Matthew F. Kennelly: The Court denies the motion 54 by defendant JUMGEAR US to set aside the default judgment against it. Defendant has not established that service was improper or that it was not on notice of the lawsuit. Defendant likewise has not shown that it has a meritorious defense either to liability or to the statutory damages award of $100,000. Mailed notice.

FULL SATISFACTION of Judgment regarding Default Judgment, order 49 in the amount of $100,000 as to certain defendant