2024-cv-12467

COMPLAINT filed by SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY; Jury Demand. Filing fee $ 405, receipt number AILNDC-22799916.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY by Michael A. Hierl

ATTORNEY Appearance for Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY by John Wilson

MOTION by Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SOCIETE POUR LOEUVRE ET LA MEMOIRE DANTOINE DE SAINT EXUPERY - SUCCESSION DE SAINT EXUPERY-DAGAY

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Young B. Kim. 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.

NEW PARTIES: Yueeyouxuan, your art, Yoshanger, Yohone, Tbeauty, taibajumaoyiyouxiangongsi, shanxishengruyumaoyiyouxiangongsi, Pan Zhenwu, MineGiftStore, Jixia Business Department, Hai Zhi Yan, Ghfarez, ETJOY and ANZHIBAIHUO added to case caption.

MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal 7 is granted. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

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 Thomas M. Durkin: A written status report is due by 2/14/2025. Mailed notice.

STATUS Report by Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay

MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 3/17/2025, unless a motion for expedited discovery is filed before then. Mailed notice.

AMENDED complaint by Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay Amended Schedule A

STATUS Report by Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay

MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 3/24/2025, unless a motion for a temporary restraining order is filed before then. Mailed notice.

NOTICE of Voluntary Dismissal by Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Plaintiff Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay for temporary restraining order 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

MEMORANDUM by Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay in support of motion for temporary restraining order, 23

Declaration d'AGAY Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay Exhibit 2 to d'AGAY Declaration

SEALED DOCUMENT by Plaintiff Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay Declaration of Robert P. McMurray

SEALED DOCUMENT by Plaintiff Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay Exhibit 1 to Declaration of Robert P. McMurray

MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Here, "sold" means that the defendant accepted an order and payment for an allegedly infringing product to be shipped to Illinois. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Motion to exceed page limitation 22 is granted. 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 23 is granted. Plaintiff's counsel is to submit a proposed TRO to Judge Durkin's proposed order inbox. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 3/19/2025. Mailed notice.

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

SURETY BOND in the amount of $ 14,000 posted by Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay (Document not scanned)

MOTION by Plaintiff Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay for extension of time Plaintiff's Ex-Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the Temporary Restraining Order 34 is granted. The TRO is extended for a period of fourteen (14) days to and including 4/16/2025. Mailed notice.

MOTION by Plaintiff Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendants

MEMORANDUM by Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay in support of motion for preliminary injunction, 36

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction, 36

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 36 is set for 4/16/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

SUMMONS Returned Executed by Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/11/2025, answer due 5/2/2025.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 4/16/2025. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 36 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Plaintiff's Amended Complaint [Dkt. No. 17], Amended Schedule A to the Amended Complaint [Dkt. No. 18], Exhibit 2 to the Declaration of Olivier d'Agay [Dkt. No 25], and the TRO [Dkt. No. 30]. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 5/29/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 4/16/2025. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 5/29/2025 at 9:00 a.m. is reset for 9:30 a.m. Time change only. Mailed notice.

MOTION by Plaintiff Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay in support of motion for default judgment, 44

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 44

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 5/29/2025 at 9:30 a.m. is converted to a telephone hearing on the motion for default judgment 44. Mailed notice.

ATTORNEY Appearance for Defendant ETJOY by Adam Edward Urbanczyk

MOTION by Defendant ETJOY for extension of time UNOPPOSED

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time [49] is granted. Defendant ETJOY is to respond to Plaintiff's Complaint by 6/18/2025. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 5/29/2025. No one was present on behalf of defendants. For the reasons stated on the record, the motion for default judgment [44] is granted, excluding defendant who has appeared through counsel. Enter order. A telephone status hearing is set for 7/3/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 5/29/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Societe Pour L'Oeuvre et la Memoire Dantoine de Saint Exupery - Succession de Saint Exupery-Dagay Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 58

SATISFACTION of Judgment

MINUTE entry before the Honorable Thomas M. Durkin: The last remaining defendant having been dismissed voluntarily at dkt. [53], all pending dates before this court are stricken. Civil case terminated. Mailed notice.

SATISFACTION of Judgment

SATISFACTION of Judgment