2024-cv-11073

COMPLAINT filed by NSI International, Inc. ; Filing fee $ 405, receipt number AILNDC-22660655.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff NSI International, Inc. Schedule A regarding complaint[1]

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

CIVIL Cover Sheet

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

Notice of Claims Involving Trademarks by NSI International, Inc.

ATTORNEY Appearance for Plaintiff NSI International, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff NSI International, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff NSI International, Inc. by Rachel S Miller

ATTORNEY Appearance for Plaintiff NSI International, Inc. by Jennifer Van Nacht

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. The table's requirements were revised on October 10, 2024. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. The submission must also provide a listing of all prior Schedule A cases filed in any court in the United States in which Plaintiff was a plaintiff, and a listing of any of the defendants included in the Schedule A in this case that Plaintiff has previously named as a defendant in any prior complaint or Schedule A case. Finally, by filing the template, Plaintiff certifies that Plaintiff has not used any of the screenshot evidence supplied in support of a motion for a TRO in this case in any prior proceeding. If the template is not completed by November 12, 2024, the Court may dismiss this matter for failure to prosecute. Mailed notice.

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

MEMORANDUM by NSI International, Inc. in support of motion for temporary restraining order[12]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Frank Landi Jr. regarding memorandum in support of motion[13]

Exhibit 1

SEALED EXHIBIT by Plaintiff NSI International, Inc. Exhibit 2 regarding declaration[15]

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

MEMORANDUM by NSI International, Inc. in support of motion for miscellaneous relief[17]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]

Exhibit 1

Exhibit 2

SEALED DOCUMENT by Plaintiff NSI International, Inc. Schedule A Template per [11]

Registry Deposit Information Form by NSI International, 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 NSI International, Inc. (Document not Imaged)

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

MEMORANDUM by NSI International, Inc. in support of extension of time[25]

DECLARATION of Rachel S. Miller regarding memorandum in support of motion[26]

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 25 is granted. The TRO is extended to November 29, 2024. Mailed notice.

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

NOTICE of Voluntary Dismissal by NSI International, Inc. as to a Certain Defendant

MOTION by Plaintiff NSI International, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by NSI International, Inc. in support of motion for preliminary injunction[31]

DECLARATION of Rachel S. Miller regarding memorandum in support of motion[32]

Exhibit 1

SUMMONS Returned Executed by NSI International, Inc. as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 11/25/2024, answer due 12/16/2024.

Declaration of Rachel S. Miller

Exhibit A

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [31] 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 December 3, 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 Plaintiff NSI International, Inc. regarding order on motion for preliminary injunction, text entry, [35]

Exhibit A

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction [31] 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 [36] 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. The Clerk shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 12/3/2024. Mailed notice.

NEW PARTIES: Jinhua Fidget Toys Co., Ltd., Yiwu Wanshuo Festive Products Co., Ltd., DSWINCE, ren li dp, Weijin Bin, lzqlp, time_brocade1, Beautyparty, buy clothing02, combustie2, exao, gotsevenhe2, juan0u, man3-49, nang7o, redplumly3, teng-9269, zang-6v, art fair water tribe, Selected SSS, aomingkeji, Buy More Technology, Caizhitong Trading Co., Ltd., Chuanguanqiche, CONGKAKEJI, Daqinli Electronic Commerce Co., Ltd., Dsseng Co., Ltd, Fengchen2U.S, FNNMNNR Co. Ltd, foshanshiweipiqiaoshangmao, gangyinmaoyi, guyuanshiye, HONGBING Co.Ltd, huananyundong, HUAZAN Co.Ltd, JUNWELL Co., Ltd, Katrer Co. Ltd, KEINXS Co., Ltd, LYUZYU, NewSoul, PXNKY Co. Ltd, SDOTXA, SIJI Co.Ltd, Styckt Brand, SZQNGJ, TJQMDZSW, WENJUN, xiangtancikeli, Xiyztok, YISHAO Co.Ltd, YUANCHENG Shop, C02 Store, LSFVJBOJA DLC566230, Tattoo Artist, yufenxing and zhangjingfong added to case caption. (Text entry; no document attached.)

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

MINUTE entry before the Honorable Lindsay C. Jenkins: By December 18, 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 NSI International, Inc. as to certain defendants

ATTORNEY Appearance for Defendant YISHAO Co.Ltd by He Cheng

ATTORNEY Appearance for Defendants HONGBING Co.Ltd, HUAZAN Co.Ltd, SIJI Co.Ltd by He Cheng

MOTION by Defendants HONGBING Co.Ltd, HUAZAN Co.Ltd, SIJI Co.Ltd to dismiss for lack of jurisdiction

Exhibit Exhibit 1 - Declaration of Kunyan Ye

Exhibit Exhibit 2 - Declaration of Huazhuan Xu

Exhibit Exhibit 3 - Declaration of Hongbin Zhu

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiffs' response to the motion to dismiss [44] is due by December 31, 2024 and Defendants JI Co.Ltd, HUAZAN Co.Ltd, HONGBING Co. Ltd's reply is due by January 7, 2025. Defendants reply shall address whether it has sold or shipped any of its products to Illinois, not limited to the accused products. Mailed notice.

NOTICE of Voluntary Dismissal by NSI International, Inc. as to a Certain Defendant

MOTION by Plaintiff NSI International, Inc. for entry of default, MOTION by Plaintiff NSI International, Inc. for default judgment as to all Defendants with the exception of certain Defendants

Exhibit A

MEMORANDUM by NSI International, Inc. in support of motion for entry of default, motion for default judgment, [47]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[48]

Exhibit 1

MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendants HONGBING Co.Ltd, HUAZAN Co.Ltd, SIJI Co.Ltd/ Before the Court is Plaintiff's motion 47 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 27, 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 24, 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 Plaintiff NSI International, Inc. regarding set motion and R&R deadlines/hearings, 50

(Exhibit A)

ATTORNEY Appearance for Defendants buy clothing02, combustie2, exao, gotsevenhe2, redplumly3 by Christopher Paul Keleher

MOTION by Defendants buy clothing02, combustie2, exao, gotsevenhe2, redplumly3 for extension of time to file answer regarding complaint[1] (UNKNOWN IF OPPOSED)

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 Lindsay C. Jenkins: The following Order does not apply to Defendants HONGBING Co.Ltd, HUAZAN Co.Ltd, SIJI Co.Ltd. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [47] 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 concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Mailed notice.

ENTERED JUDGMENT as to certain defendants Signed by the Honorable Lindsay C. Jenkins on 12/29/2024. Mailed notice.

MAILED original ten-thousand-dollar ($10,000) surety bond posted by NSI International, Inc. to Greer, Burns & Crain Ltd. 200 W Madison St Ste 2100 Chicago, IL 60606 via certified mail # 9589 0710 5270 0579 7785 50. (Text entry; no document attached.)

MINUTE entry before the Honorable Lindsay C. Jenkins: The Court has excluded Defendants buy_clothing, combustie2, exao, gotsevenhe2, and redplumly3 for the entry of default. The motion for extension of time [53] is granted. These Defendants have until January 17, 2025 to answer or otherwise plead. Mailed notice.

RESPONSE by Plaintiff NSI International, Inc. in Opposition to Defendants' Motion to Dismiss Under Rule 12(b)(2)

DECLARATION of Justin R. Gaudio regarding Response[57]

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MINUTE entry before the Honorable Lindsay C. Jenkins: The Court has reviewed Defendants HONGBING Co. Ltd, HUAZAN Co. Ltd and SIJI Co. Ltd's motion to dismiss and Plaintiff's response to the motion dismiss. A reply brief is not necessary. The motion to dismiss [44] for lack of jurisdiction is denied consistent with this Court's prior rulings raising the same arguments Defendants raise here. Personal jurisdiction may be either general or specific. See Daimler AG v. Bauman, 571 U.S. 117, 12628 (2014), and NSI has established a prima facie case of specific personal jurisdiction over the moving Defendants. Defendants' argument against specific personal jurisdiction is that there is no evidence that they intentionally targeted Illinois customers or specifically directed transactions toward Illinois. [Dkt. 44 at 4.] But in August and September 2024, Plaintiff's investigator ordered a counterfeit product from Defendants, entered a legitimate Illinois address for shipping, paid for the product and received an order confirmation. [Dkt. 57 at4, Dkt. 58.] Even assuming the order was cancelled because it never shipped, the Court agrees with other decisions in this district that it cannot allow a defendant to avoid this Court's jurisdiction by apparently cancelling the order after it was placed, particularly given circumstances surrounding described in Plaintiff's declaration. [Dkt. 58.] The email confirmations for the order are sufficient to show purposeful availment because Defendants were ready, willing, and able to ship products to an Illinois address. NBA Properties, Inc. v. HANWJH, 46 F.4th 614, 624 (7th Cir. 2022) (purposeful direction aimed at Illinois where the defendant established an online storefront, indicated a willingness to sell to Illinois, and fulfilled an order by "intentionally shipping an infringing product to the customer's designated Illinois address.") The remining requirements for personal jurisdiction are also satisfied because the contact at issue relates to this suit and Defendants have taken steps to make its products, including those at issue in this case, available to Illinois customers. As such, it does not offend traditional notions of fair play and substantial justice for Defendants to defend against the claims in this forum. Defendants' answer is due by January 15, 2025. By January 22, 2025, the parties are to jointly propose a fact discovery schedule and if either party wishes to conduct jurisdictional discovery, it should be included in the proposed schedule to occur alongside fact discovery. Emailed notice

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

ANSWER to Complaint by HONGBING Co.Ltd

ANSWER to Complaint by HUAZAN Co.Ltd

ANSWER to Complaint by SIJI Co.Ltd

ANSWER to Complaint by YISHAO Co.Ltd

STATUS Report per [60] by NSI International, Inc.

MINUTE entry before the Honorable Lindsay C. Jenkins: As to Plaintiff and all Defendants, all fact discovery shall be noticed in time for completion by March 31, 2025. A proposed dispositive motion briefing schedule is due by March 24, 2025. Mailed notice.

Joint STATEMENT by NSI International, Inc. per [67]

MINUTE entry before the Honorable Lindsay C. Jenkins: Any motion(s) for summary judgment are due by April 28, 2025; responses are due by May 19, 2025; and replies are due by June 2, 2025. Mailed notice.

MOTION by Attorney He Cheng to withdraw as attorney for HUAZAN Co.Ltd. New address information: HUAZAN Co.Ltd, 20 Keyuan Rd. 6th fl, L089, Tianhe Dist. Guangzhou, China, 510000

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to withdraw by He Cheng on behalf of Defendant HUAZAN Co.Ltd 70 is granted, provided that He Cheng must inform Defendant HUAZAN Co.Ltd that the summary judgment briefing schedule stands.The Clerk shall update the contact information for Defendant HUAZAN Co.Ltd as follows: 20 Keyuan Rd. 6th floor, L089, Tianhe Dist. Guangzhou, China, 510000 with email address: cdc_vd5c2s@163.com. Mailed notice.

MOTION by Plaintiff NSI International, Inc. for Leave to Exceed Page Limitation

MOTION by Plaintiff NSI International, Inc. for summary judgment and an Award of Statutory Damages

MEMORANDUM by NSI International, Inc. in support of motion for summary judgment[73]

RULE 56.1(a)(2) Statement by NSI International, Inc. regarding motion for summary judgment[73]

DECLARATION of Frank Landi Jr. regarding Rule 56 statement[75]

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DECLARATION of Jennifer V. Nacht regarding Rule 56 statement[75]

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Exhibit 17

Table of Contents of Exhibits in Support of Plaintiff's Motion for Summary Judgment [73] by NSI International, Inc.

Table of Contents of Exhibits in Support of Plaintiff's Motion for Summary Judgment [73] by NSI International, Inc. REVISED

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for excess pages 72 is granted. Mailed notice.

DECLARATION of HE CHENG in support of Defendants' Opposition to Plaintiff's Motion for Summary Judgment

Exhibit Ex. 1 - HONGBENG Co.Ltd's Responses to Plaintiffs First and Second

Exhibit Ex. 2 - SIJI Co.Ltd's Responses to Plaintiffs First and Second Set

Exhibit Ex. 3 - YISHAO Co.Ltd's Responses to Plaintiffs First and Second Se

Exhibit Ex. 4 - HONGBENG Co.Ltd's Document Production

Exhibit Ex. 5 - SIJI Co.Ltd's Document Production

Exhibit Ex. 6 - YISHAO Co.Ltd's Document Production

Exhibit Ex. 7 - Plaintiff's Document Production

Exhibit Ex. 8 - Plaintiff's Document Production of sales data regarding HON

Exhibit Ex. 9 - Plaintiff's Document Production of sales data regarding YIS

Exhibit Ex. 10 - HONGBENG Co.Ltd's Responses to Plaintiffs First Set of Req

Exhibit Ex. 11 - SIJI Co.Ltd's Responses to Plaintiffs First Set of Request

Exhibit Ex. 12 - YISHAO Co.Ltd's Responses to Plaintiffs First Set of Reque

RESPONSE by Defendants HONGBING Co.Ltd, SIJI Co.Ltd, YISHAO Co.Ltd to Rule 56 statement 75

RESPONSE by HONGBING Co.Ltd, SIJI Co.Ltd, YISHAO Co.Ltdin Opposition to MOTION by Plaintiff NSI International, Inc. for summary judgment and an Award of Statutory Damages 73

REPLY by Plaintiff NSI International, Inc. to motion for summary judgment 73

MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's motion for summary judgment 73 is granted. See attached order for further details. The court directs an award of $20,000 in statutory damages to NSI as to each remaining Defendant Hongbing Co.Ltd, Huazan Co. Ltd, Siji Co. Ltd, and Yishao Co. Ltd. The clerk shall enter a Rule 58 judgment order for NSI and against each Defendant. Civil case terminated. Mailed notice.

MEMORANDUM Opinion and Order written by the Honorable Lindsay C. Jenkins on 7/11/2025. Mailed notice.

ENTERED JUDGMENT on 7/11/2025. Mailed notice.

FULL SATISFACTION of Judgment regarding entered judgment 87 in the amount of $20,000 as to certain defendant

FULL SATISFACTION of Judgment regarding entered judgment 87 in the amount of $20,000 as to a Certain Defendant