2025-cv-01206

COMPLAINT filed by Merch Traffic, LLC; Filing fee $ 405, receipt number AILNDC-23044960.

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Schedule A regarding complaint 1

MOTION by Plaintiff Merch Traffic, LLC for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Merch Traffic, LLC

Notice of Claims Involving Trademarks by Merch Traffic, LLC

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Luana Faria De Souza (Faria De Souza, Luana)

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Heather K. McShain. 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.

NEW PARTIES: A1M2C2XQOKQ05N, A3DSBJD1GNQ4WY, A3MV2PSE4LWXHF, AISJ3VQZ2E4EN, ANH TAM 3, chenzhoushibeihuqunashuoshangmaoyouxiangongsi, Cyber annr, FUTONGSHAOMAO, fuzhougaoxinquweizikejiyouxiangongsi, gaoyanne, half-conscious, hangzhousuxinkejiyouxiangongsi, jie Anh, Ling YunZhi-us, Liujingtao, LUONGSHOP788, NGGshirt, qiangzhiZhiQiang, qingdaoliangxiangzhuangshiyouxiangongsi, QUACH THI NGOC SHOP 0990, renhongyandedianpu, REREHI, SAITAMAVN, sernertom, Store.miusto67, tranvanthong287288, tuerqier, wansehen, Withered rose, XingTaiShiJuanDaiShangMaoYouXianGongSi, xinyexianshuiyuanshangmaoyouxiangongsi, Zeadea, ZhangHui Poster, zhimaoWangJian, viphsh999, song2354, BIG Treasure Clothes, BoldFashion Frontier, Casual Canvas, Chic Canvas a, Comfy Haven, CXWONDERGIF, DKSHAW, Dorosshy, DSDONEC, Fayshow Tee, Hanner HTB Shop, Jiuwu Z, JXHTHREEF, LYTZNA, POP UP Studio A, Shirts Hotop, The Three Devise and yingkangmaoyi 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 Merch Traffic, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Merch Traffic, LLC in support of motion for temporary restraining order 13

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

DECLARATION of Emily Holt regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Exhibit 2 - Parts 1-2 regarding declaration 16

Exhibit 2-1

(Exhibit 2-2)

MOTION by Plaintiff Merch Traffic, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Merch Traffic, LLC 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 Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 3 and motion for electronic service of process 18 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order 13 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 2/24/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO must be filed by 2/19/2025. Any motion or preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. In addition the Court may deny entry of a preliminary injunction based on inadequate notice of the lawsuit if summons is not served sufficiently in advance of the preliminary injunction hearing date. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 2/10/2025.

Registry Deposit Information Form by Merch Traffic, LLC

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

INJUNCTION BOND in the amount of $ 10,000 posted by Merch Traffic, LLC (Document not scanned).

MOTION by Plaintiff Merch Traffic, LLC for preliminary injunction

(Exhibit A)

MEMORANDUM by Merch Traffic, LLC in support of motion for preliminary injunction 27

(Declaration of Kahlia R. Halpern)

SUMMONS Returned Executed by Merch Traffic, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/19/2025, answer due 3/12/2025.

Declaration of Luana Faria de Souza

(Exhibit A)(Faria De Souza, Luana)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of a preliminary injunction 27 is denied without prejudice, due to an insufficient interval between electronic service of summons (on 2/19/2025, largely to overseas entities) and the preliminary injunction hearing (the morning of 2/24/2025). The Court is no longer going to take it upon itself in these situations to extend the ex parte TRO; it is up to plaintiff's counsel to file an appropriate motion. In retrospect, maybe counsel should have done that in the first instance rather than filing the motion for preliminary injunction.

MOTION by Plaintiff Merch Traffic, LLC for preliminary injunction (renewed), MOTION by Plaintiff Merch Traffic, LLC for extension of time of the Preliminary Injunction Hearing and Temporary Restraining Order

(Exhibit A)

MEMORANDUM by Merch Traffic, LLC in support of motion for preliminary injunction, extension of time, 31

(Declaration of Kahlia R. Halpern)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to extend the temporary restraining order and reset the preliminary injunction hearing 31 is granted. The ex parte TRO entered by the Court on 2/10/2025 is extended through 3/10/2025. The telephonic preliminary injunction hearing set for 2/24/2025 is vacated and reset to 3/10/2025 at 9:05 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction must be filed by 3/6/2025. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. In addition the Court repeats that it may deny entry of a preliminary injunction based on inadequate notice of the lawsuit if summons is not served sufficiently in advance of the preliminary injunction hearing date.

NOTICE of Voluntary Dismissal by Merch Traffic, LLC as to certain defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic preliminary injunction hearing held on 3/10/2025. Plaintiff's renewed motion for preliminary injunction 31 is granted. Preliminary injunction order to follow. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Greer, Burns and Crain, Ltd. is ordered to add all defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a telephonic status hearing on 5/14/2025 at 8:50 a.m. Plaintiff is directed to file a status report by 5/7/2025. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. 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 Matthew F. Kennelly on 3/10/2025. Mailed notice.

MOTION by Plaintiff Merch Traffic, LLC for entry of default, MOTION by Plaintiff Merch Traffic, LLC for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Merch Traffic, LLC in support of motion for entry of default, motion for default judgment 37

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 38

(Exhibit 1)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of default judgment 37 is granted. The Court has reduced the amount of the requested statutory damages award. Plaintiff has not attempted to quantify the infringing sales either overall or on a defendant-by-defendant basis though it is likely the defendant could do so (or at least attempt to do so) by obtaining records from the relevant platform(s). The reduced amount is sufficient given the nature and character of the infringement and also provides a sufficient deterrent in the Court's view. Civil case terminated. Mailed notice.

FINAL DEFAULT JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 3/17/2025. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

FULL SATISFACTION of Judgment regarding order 41 in the amount of $50,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order 41 in the amount of $50,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 41 in the amount of $50,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order 41 in the amount of $50,000 as to certain defendant