2024-cv-12406

COMPLAINT filed by Weirdwatercolours Ltd.; Filing fee $ 405, receipt number AILNDC-22792041.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED DOCUMENT by Plaintiff Weirdwatercolours Ltd. Schedule A to Complaint [1]

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Weirdwatercolours Ltd. by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Weirdwatercolours Ltd. by Adam Grodman

ATTORNEY Appearance for Plaintiff Weirdwatercolours Ltd. by Cameron Eugene Mcintyre

CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 3).

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

NEW PARTIES: FUJUANRY, Xiong Jun ttt, Lcxltd, YXCNP, ALinghe, FINGERPRINTS, shanghuanshangmaio, YUNANNN, Linjie Toys Co.,LTD and Jojozhu added to case caption.

ATTORNEY Appearance for Plaintiff Weirdwatercolours Ltd. by Christopher Romero

ATTORNEY Appearance for Plaintiff Weirdwatercolours Ltd. by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Weirdwatercolours Ltd. by Yanling Jiang

ATTORNEY Appearance for Plaintiff Weirdwatercolours Ltd. by Yi Bu

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Weirdwatercolours Ltd.

SEALED DOCUMENT by Plaintiff Weirdwatercolours Ltd. [Amended] Schedule A to Complaint 1 and Schedule A 2

MOTION by Plaintiff Weirdwatercolours Ltd. for leave to file under seal

MOTION by Plaintiff Weirdwatercolours Ltd. for leave to file excess pages

MEMORANDUM in Support of [15] Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's Declaration

Declaration of Audrey Gleeson

Exhibit 1, of Audrey Gleeson's Declaration

SEALED EXHIBIT by Plaintiff Weirdwatercolours Ltd. Sealed Exhibit 2, Declaration of Audrey Gleeson regarding memorandum in support of motion, [16]

(Exhibit 2)

Presentment for Exparte Motion [15] and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file[13], motion for leave to file excess pages[14] before Honorable LaShonda A. Hunt on 12/10/2024 at 10:00 AM.

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal [13] is granted. Schedule A [2], [Amended] Schedule A [12], and Exhibit 2 to the Declaration of Audrey Gleeson [17] shall remain sealed until further court order. No appearance is necessary on 12/10/24. Emailed notice.

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion to exceed page limitation [14] is granted. Plaintiff may exceed the 15-page limit by filing a 23-page Memorandum in Support of its Motion for a Temporary Restraining Order [16] instanter. No appearance is necessary on 12/10/24. Emailed notice.

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication [15] is granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 12/10/24. Emailed notice.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 12/4/2024. Emailed notice.

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

MOTION by Plaintiff Weirdwatercolours Ltd. for preliminary injunction

MEMORANDUM by Weirdwatercolours Ltd. in support of motion for preliminary injunction[24]

Declaration of Keith A. Vogt

Exhibit 1, of Keith A. Vogt's Declaration

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction[24] before Honorable LaShonda A. Hunt on 12/18/2024 at 10:00 AM.

SUMMONS Returned Executed by Weirdwatercolours Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/11/2024, answer due 1/1/2025.

Declaration of Service

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for preliminary injunction 24 is taken under advisement. A telephonic motion hearing is set for 1/7/25, at 9:45AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. The motion may be considered unopposed as to any Defendant who does not file an objection by 1/6/25 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 12/18/24. Emailed notice.

CERTIFICATE of Service by Plaintiff Weirdwatercolours Ltd. regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, terminate hearings, 28

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.

MAILED copyright report to Registrar, Washington DC.

(Copyrights)

MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction [24], which the Court now considers unopposed because no Defendant filed a notice of objection by the 1/6/25 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO [21] [22], 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 [27] 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. Plaintiff's counsel is directed to ensure that all defendants listed on Amended Schedule A [12] are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Mailed notice (gel,)

MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case [32]. Summons were executed on 12/11/24 and Defendants' responses to the complaint were due by 1/1/25 [27]. By 2/6/25, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 1/7/2025. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

MOTION by Plaintiff Weirdwatercolours Ltd. for default judgment as to the Defendants Identified in First Amended Schedule A

Exhibit 1

MEMORANDUM by Weirdwatercolours Ltd. in support of motion for default judgment[36]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment[36] before Honorable LaShonda A. Hunt on 1/14/2025 at 10:00 AM.

MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Notice of Dismissal [35], Defendants Linjie Toys Co, LTD., Jojozhu, and Lcxltd, are being dismissed without prejudice. Mailed notice (gel,)

MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 36 against the defendants identified in First Amended Schedule A [36-1]. The remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on First Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 1/24/25. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. Plaintiff is directed to submit a proposed default judgment order to Judge Hunt's proposed order inbox by 1/17/25. No appearance is necessary on 1/14/25. Mailed notice (gel,)

DEFAULT is hereby entered as to all defendants on First Amended Schedule A under Rule 55(a) of the Federal Rules of Civil Procedure. Mailed notice (gel,)

CERTIFICATE of Service by Plaintiff Weirdwatercolours Ltd. regarding terminate deadlines, 40

MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [36] 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. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $15,000 is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Mailed notice (gel,)

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 1/28/2025. Mailed notice (gel,)

MAILED copyright report to Registrar, Washington DC.