2024-cv-12555

COMPLAINT filed by Birkenstock US BidCo, Inc. ; Filing fee $ 405, receipt number AILNDC-22809583.

Exhibit 1

SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Birkenstock US BidCo, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Birkenstock US BidCo, Inc.

Notice of Claims involving Trademarks by Birkenstock US BidCo, Inc.

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Jennifer Van Nacht

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2).

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

NEW PARTIES: Fujian Fengyu Footwear Technology Co., Ltd., Guangzhou Weirui Shoes Co., Ltd., Guangzhou Yuantong Knitting Co., Ltd., Guangzhou Yuxuan Shoes Co., Ltd., Quanzhou Benmiao Sporting Goods Co., Ltd., Quanzhou Fengze District Bibi Department Store (individual Business), Shantou Jiehong Trading Co., Ltd., Yiwu Wenyan Trading Co., Ltd., ADAMUMU, CicoMuin, Custom Home Apparel Outdoor, Fan shi si Department Store, Genseis Holistic Health, huangmengjiededian, JUNLAN-US, KoraraLion Store, Love Mingwu, Minorsu, Ngremaino, NOKOUT, Rukoevim, shesnugin, Shoesfashion, Water Cup, xiozo58, yuesigoushangmaoyouxian, asfafafa9, beatss, chfafafa8, chinese66_shoes, designshoes11, dh_jordan1, dh_yyds, fashion_mens_shoes, Fashionshoes345, hzj12, jun166, kaiyuan61, laichangling03, laurenhat, lqshoes, monclerr1, moshoes08, nikeshope, ofshoes_shop, perfumeb02, qashoes01, qwshoes08, rhudee2, upshoes8, watchh, ykhlfgrupovt699, yululuu, zgss63, zhonwebag868, HHJIHK, Moezi Sauce Chiu Children, OJLCurry local, Shigao Boutique Fashion Shoes Shop, AzureVie LLC, Chic Carry Boutique, GaoShaoYu12, HASUN, Jersey Nation, Liu square Toys, MLT Inc., moroushangmao, piaodaju003, Wegmans8 and xinchucanyin added to case caption.

MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal [3] is granted. Mailed notice.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MOTION by Plaintiff Birkenstock US BidCo, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for temporary restraining order 13

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

DECLARATION of Kia Holifield Wimmer regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Exhibit 2 - Parts 1-2 regarding declaration 16

Exhibit 2-1

(Exhibit 2-2)

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

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for miscellaneous relief 18

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

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte telephone conference held on 12/17/2024. Transcript is to remain sealed. Motion for temporary restraining order including a temporary injunction, a temporary asset restraint, and expedited discovery 13 is denied without prejudice. Mailed notice.

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.

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Madeline Halgren

MOTION by Plaintiff Birkenstock US BidCo, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for temporary restraining order 24

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 25

DECLARATION of Kia Holifield Wimmer regarding memorandum in support of motion 25

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Exhibit 2 regarding declaration 27

(Exhibit 2-1)

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Berel Yonathan Lakovitsky

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte telephone conference held on 1/24/2025. Motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 18 is granted. Motion for entry of a Temporary Restraining Order, including a temporary injunction, a temporary asset restraint, and expedited discovery 24 is granted. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 1/24/2025. Mailed notice.

Registry Deposit Form by Birkenstock US BidCo, Inc.

INJUNCTION BOND in the amount of $26,000 posted by Birkenstock US BidCo, Inc. (Document not scanned).

MOTION by Plaintiff Birkenstock US BidCo, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Birkenstock US BidCo, Inc. in support of extension of time[34]

DECLARATION of Jennifer V. Nacht regarding memorandum in support of motion[35]

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the Temporary Restraining Order [34] is granted. The Temporary Restraining Order entered on 1/24/2025 is extended by a period of fourteen (14) days until 2/21/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to a certain Defendant

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to a certain Defendant

MOTION by Plaintiff Birkenstock US BidCo, Inc. for preliminary injunction as to certain Defendants

Exhibit A

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for preliminary injunction[40]

Declaration of Jennifer V. Nacht

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/12/2025, answer due 3/5/2025.

Declaration of Madeline B. Halgren

Exhibit A

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 40 is set for 2/21/2025 at 9:45 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.

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/20/2025, answer due 3/13/2025.

Declaration of Madeline B. Halgren

Exhibit A

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 2/21/2025. No one appeared on behalf of defendants. The Temporary Restraining Order expires today. The motion for preliminary injunction 40 is entered and continued. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 40 is set for 3/4/2025 at 9:15 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.

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 3/4/2025. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [40] is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Schedule A to the Complaint [2], Exhibits to the Declaration of Kia Holifield Wimmer [17] and [28], and the TRO [31]. 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 4/23/2025 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 3/4/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to a certain Defendant

MOTION by Plaintiff Birkenstock US BidCo, Inc. for entry of default, MOTION by Plaintiff Birkenstock US BidCo, Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for entry of default, motion for default judgment[54]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[55]

Exhibit 1

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 4/23/2025 is vacated. A telephone hearing as to the motion for entry of default and for default judgment 54 is set for 4/8/2025 at 9:15 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.

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Kahlia Roe Halpern

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 4/8/2025. No one appeared on behalf of defendants. For the reasons stated on the record, the motion for entry of default and for default judgment 54 is granted. Enter order. Civil case terminated. Mailed notice.

DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 4/8/2025. Mailed notice.

MAILED Trademark report with certified copy of minute order dated 4/8/2025 to Patent Trademark Office, Alexandria VA

FULL SATISFACTION of Judgment regarding order 60 as to certain defendant

NOTICE of withdrawal of bond [33] by John Summerfield