2024-cv-12574

COMPLAINT filed by NBA Properties, Inc.; Filing fee $ 405, receipt number AILNDC-22810975.

Exhibit 1

SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff NBA Properties, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NBA Properties, Inc.

Notice of Claims Involving Trademarks by NBA Properties, Inc.

ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Allyson M. Martin

ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Kahlia Roe Halpern

CASE ASSIGNED to the Honorable Jorge L. Alonso. 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.

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

NEW PARTIES: Shijiazhuang Zhize Clothing Co., Ltd., Sichuan Chendang Technology Co., Ltd., Sichuan Libao Yanlin International Trade Co., Ltd., Suzhou Dingcai Import Export Co., Ltd., Suzhou Givebest Import & Export Co., Ltd., Suzhou Laikeyi International Trade Co., Ltd., Tianjin Able Clothing Co., Ltd., Wenzhou Jieyang Gift Co., Ltd., Wenzhou Weirui Electric Appliance Co., Ltd., Wuhan Grace E-Commerce Co., Ltd., Wuyi Longshun Industry & Trade Co., Ltd., Xiamen Amsewing Clothing Co., Ltd., Xiamen Redeco Trading Limited, Xiamen Southeast Warehouse International Freight Agency Co., Ltd., Xiamen Starlights Supply Chain Co., Ltd., Xiamen Twinwin Imp And Exp. Co., Ltd., Xi'an Smart Technology Co., Ltd., Xiantao Zhong Kang Non-Woven Fabric Products Co., Ltd., Xinyu Changrong Technology Co., Ltd., Yangchun Qicheng Arts And Crafts Factory, Yangzhou Jinrunan Maternal And Infant Supplies Co., Ltd., Yiwu Aosu E-Commerce Firm, Yiwu Biandang Trading Firm, Yiwu Blues Commerce Co., Ltd., Yiwu Bujia Jewelry Co., Ltd., Yiwu Canna Smoking Set Co., Ltd., Yiwu City Bohong Clothing Co., Ltd., Yiwu City Moon Jewelry Co., Ltd., Yiwu Cna Jewelry Co., Ltd., Yiwu Daily Accessory Co., Ltd., Yiwu Guang Sea Crafts Co., Ltd., Yiwu Haoshi Imp & Exp Co., Ltd., Yiwu Jingyi Import & Export Co., Ltd., Yiwu Jinyuan Jewelry Factory, Yiwu Lianghang Daily Department Store (individual Business), Yiwu Lige Sports Products Co., Ltd., Yiwu Lilang Crafts Co., Ltd., Yiwu Linghu Trading Co., Ltd., Yiwu Luan Love E-Commerce Co., Ltd., Yiwu Misi Knitting Factory., Yiwu Modu Trading Co., Ltd., Yiwu Naicheng Trading Co., Ltd., Yiwu Rulv Apparel Co., Ltd., Yiwu Sc Stainless Steel Products Co., Ltd, Yiwu Tuocheng E-Commerce Firm, Yiwu Xunshan Hat Industry Co., Ltd., Yiwu Yancheng E-Commerce Co., Ltd., Yiwu Yingna Garment Co., Ltd., Yiwu Yizi Knitting Co., Ltd., LAI MINH THUAN, liyitongshop, lyy61tlk91, mengyiyue, Mokispy, NanXiN, PHAM THI HA THANH, promp shop, QierWX, shandonghaoxinyuanshangmaoxiaoshouyouxiangongsi, SUNJUNBO, SZNW, TAGASPORTS, TRUNGAN2349450, wenshiwenshiwenshizhou, WEPANT, xiaofupo, XINXIANDM, gpv569, grimme_coppedge, gsm1688, gtouluyi, guangzhourun-0, guanhuo, gxd561, gza3599, haerbinshishouhen, haidlsix, handmadeplush, hangzhouhetaofu-0, hanjinhu_1, hanweiwei_7, haoyihuan77, happycake5188, hefeitankuashushan, heny-39, heoibu1, hhnte946, hhw836, hmapir, hoh387, hohsdbx, honghonghao, huadlsixo, huanfu, huangdongfa, huangyuzhu4534, huisheng34, hunengshangmaoyo, hvn764, hykt-5, iazhen0, iknwvgt, inj259, irvhedyrzgkcvwjx, jersey_forest_excellent, jiaoshiniqieiq, jiexi-1803, jine51, jingldisx, jintangz0703, jjd6277, jlh6888, juedui, jza437, kakaki, kama_fielding, kek-3751, kerne59, kiukiu_-31, kong-63, konglingting, kundislix, kunmingxiangxiaoyush, kwh738, kyrell-57, leng_grantham, lhuiying22, liangjiatong, lichaofan, lifgdgs, likangdong2, lindodlxi, lintingting-lintingting, liqiu811, lisanst_77, lisivo, Nball, nshizhanzhoutunshangmaoyoux, NY FANS SHOP, NY FANS STORE, NYetuyt, oshangmaoyouxiang, Pet Baby Shop, Peues, Professional Custom Store, puerxiaoyaozu, PuTianLinSheWangLuoKeJiYouXianGongSi, QiHuiWireless and QinWen toys store 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 NBA Properties, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by NBA Properties, Inc. in support of motion for temporary restraining order 13

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

DECLARATION of Lindsay Conn regarding memorandum in support of motion 14

SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Exhibit 1 - Parts 1-3 regarding declaration 16

Exhibit 1-1

Exhibit 1-2

(Exhibit 1-3)

DECLARATION of Ayala Deutsch regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

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

MEMORANDUM by NBA Properties, Inc. in support of motion for miscellaneous relief 19

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 19, motion for temporary restraining order 13, motion for leave to file 3 before Honorable Jorge L. Alonso on 12/17/2024 at 09:30 AM.

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's ex parte motions [3] [13] [19] are granted, and no appearance is necessary. The 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. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court finds that security in the amount of $152,000 -- $1,000 per defendant -- is sufficient to secure the injunctive relief. Motion hearing set for 12/17/24 is stricken. Notice mailed by Judge's staff

SEALED TEMPORARY Restraining Order. Signed by the Honorable Jorge L. Alonso on 12/16/2024. Notice mailed by Judge's staff

MOTION by Plaintiff NBA Properties, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by NBA Properties, Inc. in support of extension of time[25]

DECLARATION of Allyson M. Martin regarding memorandum in support of motion[26]

NOTICE of Motion by Allyson M. Martin for presentment of extension of time[25] before Honorable Jorge L. Alonso on 12/19/2024 at 09:30 AM.

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's Ex Parte Motion to extend the temporary restraining order [25] is granted. The temporary restraining order is extended to 1/13/25. Motion hearing date of 12/19/24 is stricken. Notice mailed by Judge's staff

Registry Deposit Information Form by NBA Properties, Inc.

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.

SURETY BOND in the amount of $ 152,000.00 posted by NBA Properties, Inc.

NOTICE of Voluntary Dismissal by NBA Properties, Inc. as to a Certain Defendant

MOTION by Plaintiff NBA Properties, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by NBA Properties, Inc. in support of motion for preliminary injunction 34

(Declaration of Allyson M. Martin)

NOTICE of Motion by Allyson M. Martin for presentment of motion for preliminary injunction 34 before Honorable Jorge L. Alonso on 1/9/2025 at 09:30 AM.

(Exhibit A)

Re-Notice NOTICE of Motion by Allyson M. Martin for presentment of motion for preliminary injunction 34 before Honorable Jorge L. Alonso on 1/8/2025 at 09:30 AM.

SUMMONS Returned Executed by NBA Properties, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/2/2025, answer due 1/23/2025.

Declaration of Kahlia R. Halpern

(Exhibit A)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 1/8/25 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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. Notice mailed by Judge's staff

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Plaintiff's Motion for entry of a preliminary injunction [34] is granted. Enter Preliminary Injunction Order. Telephonic status hearing set for 2/25/25 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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. Notice mailed by Judge's staff

NOTICE of Voluntary Dismissal by NBA Properties, Inc. as to certain defendants

PRELIMINARY Injunction Order. Signed by the Honorable Jorge L. Alonso on 1/16/2025. Notice mailed by Judge's staff

ATTORNEY Appearance for Defendant SZNW by Yong Chen

MOTION by Defendant SZNW for extension of time to file answer regarding complaint 1, CONSENTED

MINUTE entry before the Honorable Jorge L. Alonso: Defendant SZNW's Motion for extension of time 44 is granted to 2/13/25. Notice mailed by Judge's staff

MOTION by Plaintiff NBA Properties, Inc. to approve consent judgment as to Defendant No. 61

(Exhibit A)

MOTION by Plaintiff NBA Properties, Inc. for entry of default as to Certain Defendants, MOTION by Plaintiff NBA Properties, Inc. for default judgment as to Certain Defendants

(Exhibit A)

MEMORANDUM by NBA Properties, 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 Allyson M. Martin for presentment of motion for entry of default, motion for default judgment, 47, motion to approve consent judgment 46 before Honorable Jorge L. Alonso on 2/25/2025 at 09:30 AM.

(Exhibit A)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held. Telephonic motion hearing held. Plaintiff's Motion for entry of consent judgment as to Defendant No. 61 [46] is granted. Enter Consent Judgment. Plaintiff's Motion for entry of default and default judgment as to certain Defendants [47] is granted. Enter Final Default Judgment Order. Civil case terminated. Notice mailed by Judge's staff

CONSENT Judgment. Signed by the Honorable Jorge L. Alonso on 2/25/2025. Notice mailed by Judge's staff

FINAL Default Judgment Order. Signed by the Honorable Jorge L. Alonso on 2/25/2025. Notice mailed by Judge's staff

MAILED Closing Trademark report to Patent Trademark Office, Alexandria VA.

(Closing Minute Entry dated 2/25/2025)

FULL SATISFACTION of Judgment regarding order 53 in the amount of $150,000 as to certain defendant