2024-cv-12987

COMPLAINT filed by Blujay Studios, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22857647.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by John Wilson

MOTION by Plaintiff Blujay Studios, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Blujay Studios, Inc. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blujay Studios, Inc.

CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. 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 Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

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

MOTION by Plaintiff Blujay Studios, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Blujay Studios, Inc. 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 Blujay Studios, Inc. in support of motion for temporary restraining order, [12]

Declaration Stout 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 Blujay Studios, Inc. Exhibit 2 Part 1 of Stout Declaration

SEALED DOCUMENT by Plaintiff Blujay Studios, Inc. Exhibit 2 Part 2 of Stout Declaration

SEALED DOCUMENT by Plaintiff Blujay Studios, Inc. Exhibit 2 Part 3 of Stout Declaration

SEALED DOCUMENT by Plaintiff Blujay Studios, Inc. Exhibit 2 Part 4 of Stout Declaration

Notice of Claims Involving Trademarks by Blujay Studios, Inc.

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's Motion for leave to file under seal 7 is granted. Motion for leave to file excess pages 11 is granted, ; Plaintiff's Ex Parte Motion for Temporary Restraining Order 12 is granted. Order to enter. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Rebecca R. Pallmeyer on 12/20/2024.

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 12/27/2024: Mailed notice.

MOTION by Plaintiff Blujay Studios, Inc. for extension of time Plaintiff's Ex-Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's Ex Parte Motion to extend the temporary restraining order 21 is granted. The temporary restraining order 20 is extended to 1/17/2025. Mailed notice.

SURETY BOND in the amount of $ 10,000.00 posted by Blujay Studios, Inc.

ATTORNEY Appearance for Defendants LINGNA Co.Ltd, GUOJIJUYE Co.Ltd, BAIJIE Co.Ltd by He Cheng

MOTION by Plaintiff Blujay Studios, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction as to Certain Defendants

MEMORANDUM by Blujay Studios, Inc. in support of motion for preliminary injunction 26

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 26

NOTICE of Voluntary Dismissal by Blujay Studios, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff, who has alleged, on information and belief, that each of the Defendants "has sold products bearing counterfeit versions of Plaintiff's federally registered trademarks to residents of Illinois," is directed to confirm within 28 days that such sales have in fact taken place. Mailed notice.

SUMMONS Returned Executed by Blujay Studios, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 1/14/2025, answer due 2/4/2025.

NOTICE of Voluntary Dismissal by Blujay Studios, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 36

NOTICE of Voluntary Dismissal by Blujay Studios, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 87

ATTORNEY Appearance for Defendants WEN SHAUNG, JIU YUE TIAN, WEI KUN by Hua Chen

ANSWER to Complaint by WEN SHAUNG, JIU YUE TIAN, WEI KUN

NOTICE of Voluntary Dismissal by Blujay Studios, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Defendants LINGNA Co.Ltd, GUOJIJUYE Co.Ltd, BAIJIE Co.Ltd to dismiss for lack of jurisdiction

Exhibit Ex. 1 - Declaration of Wenjie Qiao

Exhibit Ex. 2 - Declaration of Junhong Peng

(Exhibit Ex. 3 - Declaration of Fangfang Song)

NOTICE of Voluntary Dismissal by Blujay Studios, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Plaintiff Blujay Studios, Inc. for extension of time Plaintiff's Motion for a First Extension of Time to File its Supplemental Document Confirming Sales

MINUTE entry before the Honorable Rebecca R. Pallmeyer: The following briefing schedule is set for Defendant's motion to dismiss: Response is due by 2/24/2025; and reply is due by 3/3/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Blujay Studios, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for a first extension of time to file its supplemental document confirming sales 39 is granted to 2/19/2025. Mailed notice.

MOTION by Plaintiff Blujay Studios, Inc. Agreed Motion for Entry of Consent Judgment

NOTICE of Voluntary Dismissal by Blujay Studios, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 21

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Agreed motion for entry of consent judgment 43 is granted as to defendants Nos. 58 "Guangzhouhanliumaoyi" and 69 "Loxiasnama". Order to enter. Mailed notice.

CONSENT JUDGMENT: Signed by the Honorable Rebecca R. Pallmeyer on 2/18/2025. Mailed notice.

Supplemental Listing by Blujay Studios, Inc.

(Exhibit 1)

NOTICE of Voluntary Dismissal by Blujay Studios, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

RESPONSE by Plaintiff Blujay Studios, Inc. Plaintiff's Response to Defendants' Motion to Dismiss [Dkt. No. 37]

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

(Exhibit F)

NOTICE of Voluntary Dismissal by Blujay Studios, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

REPLY by BAIJIE Co.Ltd, GUOJIJUYE Co.Ltd, LINGNA Co.Ltd to Response, 49

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendants Lingna Co., Ltd., Guojijuye Co., Ltd., and Baijie Co., Ltd. have moved to dismiss this case as against them for lack of personal jurisdiction. The motion 37 is granted, substantially for the reasons set forth in Defendants' briefs. Defendants do not maintain offices, employees, or agents here, and conduct their business in China. Plaintiff has demonstrated that the Defendants offered goods for shipment to a location in Illinois, but have offered no evidence of any actual shipments or sales. In other cases that Plaintiffs cited in support of their opposition to this motion, there was evidence of communications in Illinois, sales to Illinoi,s or orders (albeit later canceled) for defendants' products. See BRABUS GmbH v. The Partnerships, 20-cv-3720 (Seeger, J., Oct. 13, 2022); Pit Viper, LLC, v. Xi'an Jiaye Tengda Trading Co., Ltd., d.b.a. Bytebyte, 23-cv-14761 (Ellis, J. Dec. 9, 2024); TV Tokyo Corp. v. The Partnerships, 24-cv-8964 (Jenkins, J., February 12, 2025). Absent such evidence in this case, the court concludes it lacks jurisdiction over these three Defendants and dismisses the complaint as against them. Mailed notice.

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Blujay Studios, Inc.

MOTION by Plaintiff Blujay Studios, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Blujay Studios, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

(Exhibit A)

MEMORANDUM by Blujay Studios, Inc. in support of motion for default judgment, 55

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 55

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion for leave to file excess pages 54 is granted. Plaintiff's Motion for entry of default and default judgment against the defendants identified in Amended Schedule A 55 is granted, Defendant Nos. 8 "JIU YUE TIAN", 16 "WEI KUN" and 18 "WEN SHAUNG" still remain in this case. Order to enter. Mailed notice.

FINAL JUDGMENT ORDER, with the exception of Defendant Nos. 8 "JIU YUE TIAN", 16 "WEI KUN" and 18 "WEN SHAUNG": Signed by the Honorable Rebecca R. Pallmeyer on 3/17/2025. Mailed notice.

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment