2025-cv-01339

COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-23057520.

Exhibit 1

Exhibit 2 Part 1

(Exhibit 2 Part 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by John Wilson

MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Grumpy Cat Limited

Notice of Claims Involving Trademarks by Grumpy Cat Limited

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.

MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal 7 is granted. Mailed notice.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MAILED Copyright report to Registrar, Washington DC

Registration Number(s) Part 1

(Registration Number(s) Part 2)

MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 3/24/2025. Mailed notice.

STATUS Report by Grumpy Cat Limited

MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 4/7/2025, unless a motion for a temporary restraining order is filed before then. Mailed notice.

STATUS Report by Grumpy Cat Limited

AMENDED complaint by Grumpy Cat Limited against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

Exhibit 1

Exhibit 2 Part 1

(Exhibit 2 Part 2)

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Amended Schedule A

MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal

MOTION by Plaintiff Grumpy Cat Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Grumpy Cat Limited 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 Grumpy Cat Limited in support of motion for temporary restraining order, 23

Declaration Bundesen Declaration

Exhibit 1

Exhibit 2 Part 1

Exhibit 2 Part 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 1 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 2 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 3 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 4 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 5 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 6 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 7 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 8 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 9 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 10 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 11 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 12 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 13 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 14 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 15 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 16 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 17 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 18 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 3 Part 19 of Bundesen Declaration

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Kalbac Declaration

MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Here, "sold" means that the defendant accepted an order and payment for an allegedly infringing product to be shipped to Illinois. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal 21 is granted. Motion to exceed page limitation 22 is granted. 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 23 is granted. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 4/17/2025. Mailed notice.

MOTION by Plaintiff Grumpy Cat Limited for extension of time Plaintiff's Ex-Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the Temporary Restraining Order 48 is granted. The TRO is extended for a period of fourteen (14) days to and including 5/15/2025. Mailed notice.

SURETY BOND in the amount of $ 91,000.00 posted by Grumpy Cat Limited

SUMMONS Issued (Court Participant) as to Defendant Decorative Home Store and all other Defendants identified in the Amended Complaint

MOTION by Plaintiff Grumpy Cat Limited to compel Plaintiff's Motion to Compel Third-Party Platforms Aliexpress, Alipay and Alibaba to Comply with the Temporary Restraining Order [Dkt. No. 47] and to Award Attorney Fees and Costs

Exhibit A

Exhibit B

Exhibit C

(Exhibit D)

MINUTE entry before the Honorable Thomas M. Durkin: AliExpress, Alipay and Alibaba are to respond to Plaintiff's Motion to Compel Third-Party Platforms to Comply with the Temporary Restraining Order and to Award Attorney Fees and Costs 54 by 5/19/2025. A telephonic motion hearing is set for 5/21/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

MOTION by Respondent Alibaba.com Singapore E-Commerce Private Limited for extension of time to file response/reply as to motion to compel, [54] (Unopposed)

MOTION for Leave to Appear Pro Hac Vice on behalf of AliExpress E-Commerce One Pte, Ltd. by Angela L Dunning; Filing fee $ 150, receipt number AILNDC-23504991.

MOTION for Leave to Appear Pro Hac Vice on behalf of AliExpress E-Commerce One Pte, Ltd. by Samuel Blankenship; Filing fee $ 150, receipt number AILNDC-23505488.

ATTORNEY Appearance for Respondent AliExpress E-Commerce One Pte, Ltd. by Angela L Dunning

ATTORNEY Appearance for Respondent AliExpress E-Commerce One Pte, Ltd. by Samuel Blankenship

MOTION by Respondent AliExpress E-Commerce One Pte, Ltd. for extension of time to file response/reply as to motion to compel, [54]

MINUTE entry before the Honorable Thomas M. Durkin: Motions to appear pro hac vice 58, 59 are granted. Attorneys Angela L. Dunning and Samuel Blankenship for AliExpress E-Commerce One Pte, Ltd. added. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: The motions for an extension of time to file a response/reply to the motion to compel 54 filed by Alibaba.com Singapore E-Commerce Private Limited ("Alibaba") and AliExpress E-Commerce One Pte, Ltd. ("AliExpress") 57 62 are granted. Alibaba's response is due on 5/27/2025 and AliExpress's response is due on 6/2/2025. Plaintiff is reminded that the TRO expired on 5/15/2025. See R. 49. Plaintiff should notify all affected parties that the restraints outlined in the TRO are no longer in place. The hearing set for 5/21/2025 is vacated. Mailed notice.

MINUTE entry before the Executive Committee: Case reassigned to the Honorable April M. Perry for all further proceedings pursuant to the provisions of 28 USC 294(b). Mailed notice.

(Request for Reassignment)

MINUTE entry before the Honorable April M. Perry: Considering recent re-assignment of this case, Plaintiff is directed to the Court's standing order on its website directing the filing of the Court's Schedule A Template within 14 days. Upon review of the complaint, the Court sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 143 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Plaintiff is reminded that "[c]ourts in this district generally agree that alleging that multiple defendants have infringed on the same copyright in the same way does not create the substantial evidentiary overlap required to find a similar transaction or occurrence." See Roadget Bus. Pte. Ltd. v. Individuals, Corps, Ltd. Liab. Companies, Partnerships & Unincorporated Associations Identified on Schedule A, No. 23-cv-17036, 2024 WL 1858592, at *6 (N.D. Ill. Apr. 29, 2024) (collecting cases). Plaintiff should reference this Court's opinion in Zaful v. Schedule A Defs., 24-cv-11111, Doc. 12 (N.D. Ill. Jan. 10, 2025), where the Court expressed its views on joinder in such cases. The Court finds it appropriate to address joinder at this time given the fact that the TRO expired on 5/15/2025. See Estee Lauder, 334 F.R.D. at 187 ("But it is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. The need for sua sponte evaluation also intensifies when it would take enormous time and effort to check the evidencesuch as screenshots of dozens and dozens of defendants' online storesamassed into a single case absent actual connections between the defendants."). By 6/6/2025, Plaintiff must file a memorandum addressing the propriety of joinder in light of the cases cited above. In the alternative, Plaintiff has leave to file an amended complaint by 6/6/2025 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Mailed notice. (jcc,)

MOTION by Plaintiff Grumpy Cat Limited to withdraw Plaintiff's Motion to Withdraw its Motion to Compel Third-Party Platform Aliexpress to Comply with the Temporary Restraining Order [Dkt. No. 54]

MINUTE entry before the Honorable April M. Perry: Plaintiff's motion to withdraw its motion to compel 67 is granted. The Court denies the motion to compel 54 as moot. Mailed notice. (jcc,)

Second Amended Complaint AMENDED complaint by Grumpy Cat Limited against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

Exhibit 1

Exhibit 2 Part 1

(Exhibit 2 Part 2)

SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Amended Schedule A

MEMORANDUM by Grumpy Cat Limited Plaintiff's Memorandum in Support of Joinder

MINUTE entry before the Honorable April M. Perry: The Court finds that joinder of the two remaining defendants is proper at this stage based on representations made withing plaintiff's memorandum on joinder 71. Plaintiff is reminded to file the Court's Schedule A template, which can be found on the Court's website. Mailed notice. (jcc,)

NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal Without Prejudice of All Remaining Defendants

MINUTE entry before the Honorable April M. Perry: Notice of Voluntary Dismissal 73 is acknowledged. Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, this case is dismissed without prejudice. Any or all previously set deadlines/hearings to be struck. Civil case terminated. Mailed notice. (jcc,)

MAILED trademark report with certified copy of minute order dated 7/9/25 to Patent Trademark Office, Alexandria VA.

MAILED copyright report with certified copy of minute order dated 7/9/25 to Registrar, Washington DC.

Registration Numbers Part 1

(Registration Numbers Part 2)