2024-cv-12358

COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 405, receipt number AILNDC-22786351.

Exhibit 1

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Harley-Davidson Motor Company, Inc.

Notice of Claims Involving Trademarks by Harley-Davidson Motor Company, Inc.

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Lucas Allen Peterson

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.

CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2).

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

NEW PARTIES: Cangnan Jared Crafts Co., Ltd., Jinan Auro Jewelry Co., Ltd., Shaoxing Love Home Textile Co., Ltd., Yiwu Han Kai Trading Co., Ltd., A3IPUJG5129FST, Autokun, AutoMind, baodinglabaoshangmaoyouxiangongsi, BenXNJ, BEVUVA, CangMuU, ChaoQiuYang, Dawn Cedar, DeFengMaoYi, DuErDuanDianZi, FLLG SHOP, fuqiwangluokeji1, ganzhoubeiweidianzishangwuyouxiangongsi, Hongchi, JinChengHui, JingFeiJing, JIN-Maoyi, KF94 mask 5-10 working days, KongQiaWJ, LUNANK, MingZiI, Modifying Store, Oriental Aesthetic Life Museum, QingFeng-us, Ryyileftshop, SANSANDEXIAODIAN, shiyanshijieraohaoshangmaoyouxiangongsi, taiyuanguanlinhuankejiyouxiangongsi, TaiYuanShiXiaoDianQuWangJinLongBianLiDian, TongGaO, UHUHKSOKM, WeiXiaDZ, WenDongCSD, XieHenG, Xingliangdian, XinLianG, YanQBH, YuanYuanBH, ZeYinZheYan, zhangpenghaofuzhuangbaohuodian, ZylphorixDelivery cycle is 10-15 days, chaobo_cb, cutergoat, dhgatedacv, goastebmw, homemarket11, lang02, love_dream, mu04, sneakers100, yilinzhl, zwzdhgate2, buy4me100ok, EODA_DE, eyi1, mcisaaa, Moon Motorcycle 2, tuijgh96, tyuirjfhg85, zhgjhgj42, BAO NGUYEN LTD, bengbushichongyao, Caiyi, chang sha ying kai ke ji you xian gong si, changshahangxinxiangmaoyiyouxiangongsi, dingdiankeji, foruided, fu jian ta mu de jin chu kou, grtyuriuytt, guangzhouchenfashangmaoyouxiangongsi, guangzhoutangruanmaoyiyouxiangongsi, guangzhouyasilimaoyiyouxiangongsi, guangzhouzhenchengdianzishangwuyouxiangongsi, hangzhoujibinjiudianguanliyouxiangongsi, JOTOETYYS, ngwenganxia, Sunpie, tytlprints.com, VORCOY, wanglianhonghongshui, WELLDOWN, XTCXJC, Yangbin and Youpin supply chain added to case caption.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for temporary restraining order 13

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

DECLARATION of Adraea M. Brown regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Exhibit 3 Parts 1-2 regarding declaration 16

Exhibit 3-1

(Exhibit 3-2)

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for miscellaneous relief 18

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

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 18, motion for leave to file 3, motion for temporary restraining order 13 before Honorable Elaine E. Bucklo on 12/11/2024 at 09:45 AM.

MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiffs' motion for leave to file under seal 3 ; Plaintiffs' Ex Parte motion for entry of temporary restraining order, including a temporary injunction, a temporary asset restraint and expedited discovery 13 ; and Plaintiff's motion for electronic service of process pursuant to FED. R. CIV. P. 4(f)(3) 18 are granted. Enter Sealed Temporary Restraining Order. Because the temporary restraining order will expire on 12/26/2024, any motion for preliminary injunction or to extend the temporary restraining order must be filed by no later than 12/19/2024. 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 status hearing on 1/27/2025 at 9:45 a.m. By 1/20/2025, plaintiff is to file a status report regarding the status of service of process, settlement discussions, and any further information that plaintiff wishes to bring to the Court's attention. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Elaine E. Bucklo on 12/12/2024. Mailed notice.

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Yu Hin Jeffrey Tsai (Tsai, Yu Hin)

Registry Deposit Information Form by Harley-Davidson Motor Company, Inc.

SURETY BOND in the amount of $ 10,000.00 posted by Harley-Davidson Motor Company, Inc. (Document not scanned).

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for preliminary injunction as to certain Defendants

(Exhibit A)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for preliminary injunction 27

(Declaration of Marcella D. Slay)

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction 27 before Honorable Elaine E. Bucklo on 12/26/2024 at 09:45 AM.

(Exhibit A)

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/19/2024, answer due 1/9/2025.

Declaration of Y. Jeffrey Tsai

(Exhibit A)(Tsai, Yu Hin)

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 12/20/2024: Mailed notice.

MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's motion for entry of a preliminary injunction as to certain defendants [27] is granted. Enter Preliminary Injunction Order. The Clerk of Court is directed to unseal the following documents: Schedule A to the Complaint [2], Exhibit 3 to the Declaration of Adraea M. Brown [17] and the TRO [23] are unsealed. Mailed notice.

PRELIMINARY INJUNCTION Order signed by the Honorable Elaine E. Bucklo on 12/26/2024. Mailed notice.

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

ATTORNEY Appearance for Defendants AutoMind, Modifying Store by Zheng Gong

MOTION by Defendants AutoMind, Modifying Store for extension of time to file answer regarding complaint[1], MOTION by Defendants AutoMind, Modifying Store to stay Plaintiff's Expedited Discovery

MINUTE entry before the Honorable Elaine E. Bucklo: Defendants #7 AutoMind and #27 Modifying Store emergency motion for extension of time to answer or otherwise plead and to stay expedited discovery [37] is granted to 2/20/2025. Status hearing set for 1/27/2025 to stand as to non-dismissed defendant. Mailed notice.

ATTORNEY Appearance for Defendant ZylphorixDelivery cycle is 10-15 days by Longhao Wang

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ZylphorixDelivery cycle is 10-15 days

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant ZylphorixDelivery cycle is 10-15 days and for misjoinder and insufficient service of process, and Motion to dissolve the preliminary injunction, and in the alternative, to modify the preliminary injunction to dissolve the asset restraint and to stay expedited discovery

Declaration by Defendant

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

MINUTE entry before the Honorable Elaine E. Bucklo: The Court sets the following briefing schedule on Defendant ZylphorixDelivery cycle is 10-15 days' motion to dismiss pursuant to Rules 12(b)(5), 12(b)(6) and 20(a)(2) and to dissolve the preliminary injunction and, in the alternative, to modify preliminary injunction 41 : Plaintiff's response is due by 1/31/2025. Defendant's reply is due by 2/14/2025. Ruling before the Honorable Elaine E. Bucklo on 3/14/2025 at 9:30 a.m. Mailed notice.

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant

STATUS Report Pursuant to 22 by Harley-Davidson Motor Company, Inc.

(Exhibit A)

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. to approve consent judgment as to a Certain Defendant

(Exhibit A)

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for entry of default, MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for default judgment as to Certain Defendants

(Exhibit A)

MEMORANDUM by Harley-Davidson Motor Company, 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)

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for entry of default, motion for default judgment, 47 before Honorable Elaine E. Bucklo on 1/29/2025 at 09:45 AM.

(Exhibit A)

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion to approve consent judgment 46 before Honorable Elaine E. Bucklo on 1/29/2025 at 09:45 AM.

(Exhibit A)

STIPULATION of Dismissal as to a Certain Defendant

MINUTE entry before the Honorable Elaine E. Bucklo: Per stipulation of dismissal 52, Defendant ZylphorixDelivery cycle is 10-15 days'- (Defendant No. 46) motion to dismiss and to dissolve the preliminary injunction and, in the alternative, to modify preliminary injunction 41 is withdrawn. Agreed motion for entry of a consent consent judgment as to defendant No. 85 46 is granted. Enter Consent Judgement. Plaintiff's motion for entry of default and default judgment to certain defendants 47 is granted. Enter Final Judgment. The Clerk of the Court is directed to return the surety bond posted in the amount of ten thousand dollar ($10,000) to Harley-Davidson Motor Company, Inc. or its counsel Greer Burns & Crain Ltd. All pending dates and motions are terminated as moot. Civil case terminated. Mailed notice.

CONSENT JUDGMENT signed by the Honorable Elaine E. Bucklo on 1/27/2025. Mailed notice.

FINAL JUDGMENT ORDER signed by the Honorable Elaine E. Bucklo on 1/27/2025. Mailed notice.

MINUTE entry before the Honorable Elaine E. Bucklo: The Court vacates the dismissal entered on 1/27/2025, docket no. 53. Civil case REOPENED. Pending Defendants #7 AutoMind and #27 Modifying Store answer or otherwise plea due 2/20/2025, Status hearing is reset for 3/3/2025 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint written status report by 2/24/2025. The court will enter a scheduling order in response to the status report.Mailed notice.

FULL SATISFACTION of Judgment regarding order[55] in the amount of $100,000 as to certain defendant

MOTION by Defendants AutoMind, Modifying Store for extension of time to file answer regarding complaint[1]

NOTICE of Motion by Zheng Gong for presentment of motion for extension of time to file answer[58] before Honorable Elaine E. Bucklo on 2/19/2025 at 09:45 AM.

MINUTE entry before the Honorable Elaine E. Bucklo: Defendants #7 AutoMind and #27 Modifying Store motion for extension of time to answer or otherwise plead and to stay expedited discovery [58] is granted to 3/7/2025. Status hearing set for 3/21/2025 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint written status report by 3/14/2025. The court will enter a scheduling order in response to the status report. Mailed notice.

FULL SATISFACTION of Judgment regarding order[55] in the amount of $100,000 as to certain defendant

STATUS Report Pursuant to 56 (Joint) by Harley-Davidson Motor Company, Inc.

MOTION by Defendants AutoMind, Modifying Store for extension of time to file answer regarding complaint[1] UNOPPOSED

NOTICE of Motion by Zheng Gong for presentment of motion for extension of time to file answer[63] before Honorable Elaine E. Bucklo on 3/7/2025 at 09:45 AM.

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to Certain Defendants

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to Certain Defendants

MINUTE entry before the Honorable Elaine E. Bucklo: Pursuant to notices of voluntary dismissal, this case is dismissed as to remaining defendant. All pending dates and motions are terminated as moot. Civil case terminated. Mailed notice.

MAILED trademark report with certified copy of minute order dated 3/12/2025 to Patent Trademark Office, Alexandria VA. (jn,)

Full SATISFACTION of Judgment regarding order[55] in the amount of $100,000 as to certain defendant

Full SATISFACTION of Judgment regarding order[55] in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[55] in the amount of $100,000 as to certain defendant

NOTICE of withdrawal of bond by Greer, Burns & Crain Ltd.