2025-cv-01473

COMPLAINT filed by Mercis B.V.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23075511.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Mercis B.V. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Mercis B.V. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Mercis B.V. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Mercis B.V. by John Wilson

MOTION by Plaintiff Mercis B.V. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Mercis B.V. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercis B.V.

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

CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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 Georgia N Alexakis:Plaintiff's motion for leave to file under seal document 7 is granted. No appearance is required on 2/18/25.

MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 4/17/25 at 9:30 a.m. in person in Courtroom 1719. By 4/10/25,the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report.

MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Motion for an Extension of Time

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 17 before Honorable Georgia N Alexakis on 3/3/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis:Plaintiff's motion for extension of time until March 3, 2025, to file a Memorandum in Support of Joinder or an Amended Complaint 17 is granted. No appearance is required on the motion.

AMENDED complaint by Mercis B.V. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Mercis B.V. Amended Schedule A

DECLARATION of Frank Padberg

SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit to Padberg Declaration

MEMORANDUM by Mercis B.V. Plaintiff's Memorandum in Support of Joinder

Exhibit 1

(Exhibit 2)

MOTION by Plaintiff Mercis B.V. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MOTION by Plaintiff Mercis B.V. to expedite Plaintiff's Motion for Expedited Discovery

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motions for expedited discovery and electronic service of process are granted 25, 26. No appearance is required on 4/14/25. The Court finds that expedited discovery is warranted to identify defendants. The Court also finds that electronic service does not violate any treaty and is consistent with due process because it is an effective way to communicate with the online marketplace defendants. The Court decides these issues, however, without the benefit of adversarial presentation. If any defendant were to appear and object, the Court will take a fresh look at the issues of electronic service and expedited discovery as well as any issues related to personal jurisdiction and joinder. Enter Order, as modified by the Court.

ORDER Signed by the Honorable Georgia N Alexakis on 4/9/25.

MINUTE entry before the Honorable Georgia N Alexakis: By email to the Courtroom Deputy, Plaintiff's counsel request to reset the status hearing. The status hearing set for 4/17/25 is reset for 5/27/25 at 9:30 a.m. By 5/21/25, the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website.

SUMMONS Issued (Court Participant) as to Defendant 239 carpets Store and all other Defendants identified in the Amended Complaint.

STATUS Report Initial Status Report by Mercis B.V.

ALIAS SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations identified on Amended Schedule A Hereto

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's initial status report 34, which reports that defendants have not yet been served. The Court therefore resets the initial status hearing to 6/24/25 at 9:30 a.m. The parties shall submit a joint initial status report by 6/17/25.

SUMMONS Returned Executed by Mercis B.V. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations identified on Amended Schedule A Hereto on 5/23/2025, answer due 6/13/2025.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Mercis B.V.

ATTORNEY Appearance for Plaintiff Mercis B.V. by Elizabeth Aubree Miller

STATUS Report by Mercis B.V.

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report 41. Consistent with plaintiff's proposal therein, and assuming no defendant appears beforehand, plaintiff is directed to file a motion for entry of default and default judgment by 6/25/25. The Court vacates the 6/24/25 status hearing.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Mercis B.V.

MOTION by Plaintiff Mercis B.V. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Mercis B.V. in support of motion for default judgment 44

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 44

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 44 before Honorable Georgia N Alexakis on 7/1/2025 at 09:30 AM.

MEMORANDUM motion for default judgment 44 by Mercis B.V. Plaintiff's Supplemental Memorandum in Support of a $50,000 Damage Award Per Defaulting Defendant

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

(Exhibit McMurray Exhibit 1)

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff seeks entry of default as to Defendant Nos. 53, 55, 123, 138, 149, 168, and 188, the remaining defendants in this matter. Defendant Nos. 53, 55, 123, 138, 149, 168, and 188 have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against Defendant Nos. 53, 55, 123, 138, 149, 168, and 188 is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the Defaulting Defendants must be filed on or before 7/10/25. Plaintiff must serve this minute order upon the Defaulting Defendants within one business day of its entry on the docket and must promptly file proof of that service. The Court re-sets the hearing on plaintiff's motion seeking default judgment as to the Defaulting Defendants from 7/1/25 to 7/17/25 at 9:30 a.m.

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Mercis B.V.

MINUTE entry before the Honorable Georgia N Alexakis: Defaulting Defendants 53, 55, 123, 138, 149, 168, and 188 have not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 44 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 intellectual property rights irreparably harms plaintiff and confuses the public. Because this infringement was willful, and after considering the value of plaintiff's brand, the price-point of the infringing products, the length of time defendant stores have been in operation, the estimated number of products sold and available for sale by defendants, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $10,000 is an appropriate award of statutory damages against each Defaulting Defendant. Enter Final Judgment Order, as modified by the Court. Civil case terminated.

FINAL JUDGMENT ORDER Signed by the Honorable Georgia N Alexakis on 7/16/25.