2024-cv-12609

COMPLAINT filed by Thomas Fedro; Filing fee $ 405, receipt number AILNDC-22813669.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Thomas Fedro Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Thomas Fedro by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Thomas Fedro by Adam Grodman

ATTORNEY Appearance for Plaintiff Thomas Fedro by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Thomas Fedro by Christopher Romero

ATTORNEY Appearance for Plaintiff Thomas Fedro by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Thomas Fedro by Yanling Jiang

ATTORNEY Appearance for Plaintiff Thomas Fedro by Yi Bu

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 3).

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.

MOTION by Plaintiff Thomas Fedro for leave to file under seal

MOTION by Plaintiff Thomas Fedro for leave to file excess pages

MEMORANDUM in Support of 13 Exparte Motion

Declaration of Keith A. Vogt

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

Declaration of Thomas Fedro

(Exhibit 1, of Thomas Fedro's Declaration)

SEALED EXHIBIT by Plaintiff Thomas Fedro Sealed Exhibit 2, Declaration of Thomas Fedro regarding memorandum in support of motion, 14

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

(Exhibit 2-4)

MAILED copyright report to Registrar, Washington DC.

ENTERED IN ERROR.

NOTICE of Correction regarding 17

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 John F. Kness: Plaintiff's motion for leave to file under seal 11, motion to exceed page limitations 12, and ex parte motion for a temporary restraining order, which includes a request for electronic service of process 13 are granted in part. Plaintiff's submissions (e.g., Dkt. 14-1) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 15. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, the Court holds, dubitante, that Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). (This holding is subject to reconsideration in future "Schedule A" cases.) Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that he may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing versions of Plaintiff's copyrighted works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by infringing goods, and 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 effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 3/24/2025.

SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

ATTORNEY Appearance for Defendants Ladily, Vicity Fashion by Steven G Kalberg

INJUNCTION BOND in the amount of $10,000 posted by Thomas Fedro (Document not scanned).

MOTION by Plaintiff Thomas Fedro for preliminary injunction

MEMORANDUM by Thomas Fedro in support of motion for preliminary injunction 26

Declaration of Keith A. Vogt

(Exhibit 1, of Keith A. Vogt's Declaration)

SUMMONS Returned Executed by Thomas Fedro as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/2/2025, answer due 4/23/2025.

(Declaration of Service)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 26 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 4/14/2025." Plaintiff must file proof of service of the Court's statement within two business days of service. Mailed notice.

ATTORNEY Appearance for Defendant Yishang type by Weilian Song

CERTIFICATE of Service by Plaintiff Thomas Fedro regarding text entry, 29

STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant nos. 9 Ladily and 20 Vicity Fashion

STIPULATION of Dismissal as to Defendant No. 59 Yishang type [JOINT]

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

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 55 Lintian Sports and defendant no. 57 LTClothing

MOTION by Plaintiff Thomas Fedro for default judgment as to the Defendants Identified in First Amended Schedule A

MEMORANDUM by Thomas Fedro in support of motion for default judgment 36

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

ORDER: Plaintiff's motion for default judgment 36 is granted. Plaintiff's motion for preliminary injunction 26 is dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 4/25/2025. Mailed notice.

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 4/25/2025. Mailed notice.

MAILED copyright report with certified copy of minute order dated 4/25/25 to Registrar, Washington DC.

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 1 Itstitch and defendant no. 13 CROSSDECOR

SATISFACTION of Judgment as to [certain] defendants

SATISFACTION of Judgment as to defendant no. 8 EQQZD

SATISFACTION of Judgment as to defendant no. 53 SUSULING

SATISFACTION of Judgment as to defendant no. 52 TOODOO