2025-cv-01102

COMPLAINT filed by PG, Ltd; Jury Demand. Filing fee $ 405, receipt number AILNDC-23031730.

Schedule A

Ex. 1

Ex. 2

(Ex. 3)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff PG, Ltd by James Edward Judge

MOTION by Plaintiff PG, Ltd for leave to file Documents Under Seal

CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 1).

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 - ERROR UNPROCESSED due to the judge not granting an extension of the TRO, we cannot issue the summons at this time.

SUMMONS - ERROR UNPROCESSED due to the need of an order from the judge instructing the Clerk of the Court to issue the summons.

NEW PARTIES: Shop1103330226 Store and Shop1103329268 Store added to case caption.

SEALED DOCUMENT by Plaintiff PG, Ltd Unredacted Complaint

Schedule A

(Ex. 1)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by PG, Ltd

MOTION by Plaintiff PG, Ltd for leave to file excess pages

SEALED MOTION by Plaintiff PG, Ltd

Brief in Support of Motion

Declaration of James E. Judge

Declaration of Plaintiff

Ex. 1

(Ex. 2)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal 4, plaintiff's motion for temporary restraining order 8, and plaintiff's motion to increase page limit 7 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of two defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 2/13/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder and explaining specifically why the defendants are properly joined. In the alternative, plaintiff has leave to file an amended complaint with a single defendant. Estee Lauder, 334 F.R.D. at 189. Mailed notice

ATTORNEY Appearance for Plaintiff PG, Ltd by Zareefa Burki Flener

ATTORNEY Appearance for Plaintiff PG, Ltd by Ying Chen

MOTION by Plaintiff PG, Ltd for leave to file Documents Under Seal

SEALED DOCUMENT by Plaintiff PG, Ltd Memorandum In Support of Joinder

Second Declaration of James Judge

(Ex. 1)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a Memorandum [13] establishing joinder as directed. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of two defendants is proper at this time and this case may now proceed. Plaintiff has submitted evidence showing that the two defendant stores are owned by the same company. Doc. 13-1, 2; Doc. 13-2. Moreover, unlike Estee Lauder, 334 F.R.D. 182 (N.D. Ill. 2020), defendants in this case use an identical product title and each listing contains the same five pictures. Doc. 8-5. Plaintiff's motions for leave to file under seal [4, 12], motion to increase page limit [7], and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and alternative service [8] are granted. Plaintiff's submissions 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 file under seal the documents identified in the motions to seal. 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, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including 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 counterfeit 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 11:00 a.m. on 3/4/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 3/11/2025. Telephone status hearing is set for 3/18/2025 at 9:15 a.m. The call-in number is (855) 2448681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

Sealed Temporary Restraining Order Signed by the Honorable Sunil R. Harjani on 3/4/2025. Mailed notice

SURETY BOND in the amount of $ 2,000.00 posted by PG, Ltd. (Document not imaged) (Received at the Intake Counter on 3/6/25)

MOTION by Plaintiff PG, Ltd for Extension of Temporary Restraining Order

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's ex parte Motion to Extend the Temporary Restraining Order 17 is granted. For the reasons stated in Plaintiff's Motion, the Court finds good cause to extend the temporary restraining order an additional 14 days to 4/1/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 3/25/2025. Telephone status hearing set for 3/18/2025 is stricken and reset to 4/1/2025 at 9:15 a.m. Mailed notice

MOTION by Plaintiff PG, Ltd Second Motion to Extend Temporary Restraining Order

NOTICE of Motion by James Edward Judge for presentment of motion for miscellaneous relief[19] before Honorable Sunil R. Harjani on 4/1/2025 at 09:15 AM.

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's ex parte second motion 19 to extend the temporary restraining order seeks to extend the sealed TRO entered on 3/4/2025 to maintain the status quo by an additional period of 14 days until 4/15/2025. Rule 65 dictates that a temporary restraining order cannot exceed 14 days, although the court may extend it "for a like period" for good cause. Fed. R. Civ. P. 65(b)(2). On 3/12/2025, this Court extended the TRO an additional 14 days until 4/1/2025. Doc. 18. Plaintiff's current request exceeds the maximum 28-day limit for a TRO. If a TRO extension exceeds the maximum duration for a TRO under Rule 65(b), the extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012). A preliminary injunction requires notification to the opposing party. See Fed. R. Civ. 65(a)(1) (a "court may issue a preliminary injunction only on notice to the adverse party."). Because plaintiff did not provide the defendants with notice of its intent to seek a preliminary injunction, plaintiff's second motion to extend the TRO 19 is denied. Telephone status hearing set for 4/1/2025 and Plaintiff's Notice of Motion 20 are stricken. Mailed notice.

SUMMONS Submitted (Court Participant) for defendant(s) by Plaintiff PG, Ltd

SUMMONS Submitted (Court Participant) for defendant(s) Shop1103330226 Store by Plaintiff PG, Ltd

MINUTE entry before the Honorable Sunil R. Harjani: By 4/16/2025, Plaintiff shall file a status report with an update on the case. Mailed notice.

MOTION by Plaintiff PG, Ltd for preliminary injunction

(Schedule A)

MEMORANDUM by PG, Ltd in support of motion for preliminary injunction 25

(Declaration of James E. Judge)

CERTIFICATE of Service by Plaintiff PG, Ltd regarding memorandum in support of motion 26, MOTION by Plaintiff PG, Ltd for preliminary injunction 25

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 25 for entry of a preliminary injunction. In connection with that motion, plaintiff must 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 by 4/15/2025." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 4/15/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon all defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative preliminary injunction hearing is set for 4/17/2025 at 9:15 a.m. Plaintiff need not file the status report due 4/16/2025. Mailed notice

CERTIFICATE of Service by Plaintiff PG, Ltd regarding terminate deadlines, set/reset hearings, set motion and R&R deadlines/hearings, 28

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [25] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [29] that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 4/17/2025 is stricken. The Clerk is directed to issue summons to defendants. By 5/28/2025, Plaintiff shall file a status report with an update on the case. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 4/16/2025. Mailed notice

SUMMONS Submitted (Court Participant) for defendant(s) by Plaintiff Pickuls Gizmo LLC

SUMMONS Issued (Court Participant) as to Defendants

SUMMONS Returned Executed by Pickuls Gizmo LLC as to Shop1103329268 Store on 4/17/2025, answer due 5/8/2025; Shop1103330226 Store on 4/17/2025, answer due 5/8/2025.

Declaration of Service

MINUTE entry before the Honorable Sunil R. Harjani: Summons was issued on 4/17/2025, and Defendants' responses to the complaint were due by 5/8/2025. Plaintiff should file any motion for entry of default and default judgment by 5/29/2025. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to identify each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation in the status report due 5/28/2025. A telephone status hearing is set for 6/5/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice.

STATUS Report by Pickuls Gizmo LLC

MOTION by Plaintiff Pickuls Gizmo LLC for default judgment as to Defendants listed on Schedule A

Schedule A

MEMORANDUM by Pickuls Gizmo LLC in support of motion for default judgment[37]

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 37 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 6/6/2025. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 6/6/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 6/12/2025 at 9:15 a.m. Telephone status hearing set for 6/5/2025 is stricken. Mailed notice

CERTIFICATE of Service by Plaintiff Pickuls Gizmo LLC regarding terminate hearings, set/reset hearings, 39

MOTION by Plaintiff Pickuls Gizmo LLC for preliminary injunction

Schedule A

MOTION by Plaintiff Pickuls Gizmo LLC to strike MOTION by Plaintiff Pickuls Gizmo LLC for preliminary injunction [41]

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion to strike 42 Plaintiff's motion for preliminary injunction 41 is granted. Plaintiff's motion for preliminary injunction 41 is stricken. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 37 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's copyright and design patent irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages for the copyright claims. Plaintiff has also certified and established 40 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 6/12/2025 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of two-thousand dollar ($2,000) to Plaintiff or its counsel, Flener IP & Business Law. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice

FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 6/10/2025. Mailed notice