2025-cv-01837

COMPLAINT filed by Grumpy Cat Limited; Filing fee $ 405, receipt number AILNDC-23117202.

Exhibit 1 TM Registrations

Exhibit 2 CBP

Exhibit 3 IP Rights

Exhibit 5 DHS

Exhibit 5 Copyright 1 of 2

(Errata 5 Copyright 2 of 2)

CIVIL Cover Sheet

SEALED EXHIBIT by Plaintiff Grumpy Cat Limited - Schedule A to Complaint - regarding complaint, 1

MOTION by Plaintiff Grumpy Cat Limited to seal document exhibit 3

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

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Matthew A. Werber

MAILED copyright report to Registrar, Washington DC

MAILED trademark report to Patent Trademark Office, Alexandria VA

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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: anqingrongzhongshangmaoshanghang(gerenduzi), Bingfone, BINQUYI, BinTu, BZH-US, channing trade, chenzheng778, Dawood Printers, dgrth, DHNStore, DIY CAPS, Eali88fa, EUSOLP, FANGYIMINGMAOYI, fengdelinchuhaidianpu, fire, Fuchen, GreenLeaf_39, Guangzhou Changbo Clothing Co., Ltd., Guangzhou jian dan shangmao shanghang333, Gulfz Fashions, gzsmaobu, HalfStore and Haosheng-us added to case caption.

NEW PARTIES: Hesed Enterprise, Hexing Intelligent Manufacturing 001, Hi Zongdi, hjajsf55, Honey Mill, Hongbai-US, HTBDESIGNS, huoqiufeibaishangmaoyouxiangongsi, hYy, Ivytangyuan, jiaxinyu-US, Jinrui-us and jinsen2196 added to case caption.

NEW PARTIES: KANG1BAIYUN, Kukroowaff, LIP LONGISTOR, LU Boutique, Maligera, Manh Duy Shop Mug 58, McGehee, MELYSAAA95, mentor 80s, MINGNX-US, MINH TAM hhqqw, Mosytuky, Mydababy Store and ORmshop added to case caption.

NEW PARTIES: Pevtufa, Putian Songnan Horticulture Co., Ltd, putianshixiuyuquyaokadihuoshanghang, QIANWUQ, quanSM-US, Quoc Bao Shop Mug 2024, Ridge, RUIJC-US, SA-Toy, shengCY-US, shenqiuxianmeinichenshangmaoyouxiangongsi, SstLorid and ST-Toy added to case caption.

NEW PARTIES: stylesymphony, Taotao Store S, TKF Store, TRAN-HUY, trieuhongstore, TruValue Stores, UA pattern, Vosery, wanghui2020, Xiaoma Department Store, Xuyufeifei, YUEYING-US, YUWUXIA and Zhangchnaghui1222 added to case caption.

NEW PARTIES: Allreen & Sfneewho, AOC ORGANIC VIETNAM COMPANY LIMITED, BICH ANH LTD, Bonbencuc, chaojingkejiyouxiangongsi, DIEU KHANG LTD, DTP Fashion Mall, DUTA GLOBAL- Eastern-Print, GaoYingRui, hanchun, hefeinoumishangmao, hualixx store, jinanyehuyuwangluokeji, Jiuqun, KIM TA LTD, KunMingKuanYongShangMao, kunmingzisuotong, Lixin-US, Mirthy Merch, Nanjingmengyiyuanjiudianguanliyouxiangongsi, NEBORYI, Sheng Women's clothing store, Shian, Suave Tees, Taoshi-US, WuCaiZiPingDianZiKeJi, wuhai, XMFQY, YinFengBeauty, Yinxin-US, Yunzhijian, Yunzhuo and YUNZONG added to case caption.

NEW PARTIES: Yuqi-us and Zhuoling-US added to case caption.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Peter Krusiewicz

MOTION by Plaintiff Grumpy Cat Limited for temporary restraining order PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER AND OTHER RELIEF

MEMORANDUM by Grumpy Cat Limited in support of motion for temporary restraining order 11 MEMORANDUM IN SUPPORT OF PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER AND OTHER RELIEF

Declaration of Bryan B. Bundesen

Declaration of Matthew A Werber in Support of Motion for TRO

Unpublished Case Law))

SEALED EXHIBIT by Plaintiff Grumpy Cat Limited - Bundesen Exhibit - regarding memorandum in support of motion, 12

Exhibit 1-1

Exhibit 1-2

Exhibit 1-3

Exhibit 1-4

Exhibit 1-5

(Exhibit 1-6)

MOTION by Plaintiff Grumpy Cat Limited to expedite - expedited discovery and electronic service -

Declaration of M. Werber

Exhibit A

Exhibit B

(Unpublished)

MINUTE entry before the Honorable Matthew F. Kennelly: The plaintiff in this case has filed a lawsuit against 150 defendants alleging trademark and/or copyright infringement. The plaintiff alleges that it owns trademarks in the term "Grumpy Cat" and other similar terms, and copyrights in various images depicting cats. The complaint, from the Court's review, does not appear to include any allegations justifying the joinder of the defendants in a single suit. And the complaint itself does not identify which defendants are alleged to have infringed which trademarks and/or which copyrights or how. From the Court's review of the materials submitted in connection with plaintiff's motion for entry of an ex parte temporary restraining order, and by way of example, some defendants are alleged to have infringed trademarks in the term "grumpy cat" by using that term on their website offering products for sale; some are alleged to have infringed copyrights in one or more images--but in a variety of different ways, not all using the same or nearly the same images; and some appear to be alleged to have done both. The Court cannot discern from the complaint, or from the other filings, a basis to find that the claims against all of the defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences" or that a "question of law or fact common to all defendants will arise" in the case. See Fed. R. Civ. P. 20(a). Plaintiff is directed to file a memorandum addressing this issue, and/or an amended complaint that includes allegations satisfying Rule 20(a), by 3/7/2025. The case is set for an in-person status hearing on 3/11/2025 at 9:45 AM in Courtroom 2103.

MEMORANDUM text entry, set/reset hearings, 15 by Grumpy Cat Limited -- Regarding Joinder --

(Werber Decl.)

SEALED EXHIBIT by Plaintiff Grumpy Cat Limited regarding memorandum 16

Ex. A - GRUMPY CAT infringed

(Ex. A - Copyrights Infringed)

MINUTE entry before the Honorable Matthew F. Kennelly: In person status hearing held on 3/11/2025. Plaintiff's motions to seal document 4, for temporary restraining order 11 and to expedite 14 are entered and continued. By no later than 3/17/2025, the plaintiff is directed to file a status report that states how the case will proceed. Mailed notice.

STATUS Report by Grumpy Cat Limited

(Werber Declaration re Status Report)

SEALED EXHIBIT by Plaintiff Grumpy Cat Limited -- Werber Ex. 1 - Chart for 128 Defendants -- regarding order on motion to seal document, order on motion for temporary restraining order, order on motion to expedite, status hearing, set deadlines, 18

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report and approves plaintiff's proposal to file an amended complaint naming some but not all of the current defendants as proposed in the report. Plaintiff's motion to file under seal 4 is granted. Amended complaint/Schedule A is to be filed by 3/26/2025. Plaintiff's motion for expedited discovery and motion for entry of a temporary restraining order 11 14 are terminated as moot based on the elimination of some defendants from this case. Plaintiff should file new motions in this regard. A telephonic status hearing is set for 4/10/2025 at 8:55 AM, using call-in number 650-479-3207, access code 2305-915-8729. The Court reserves the right to vacate the hearing if it determines a hearing is not needed.

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

Ex. 1 - TM Registrations

Ex. 2 - CBP

Ex. 3 - IP Rights

Ex. 4 - DHS

Ex. 5 Copyright 1 of 2

(Ex. 5 Copyright 2 of 2)

SEALED EXHIBIT by Plaintiff Grumpy Cat Limited - Amended Schedule A - regarding amended complaint, 22

MOTION by Plaintiff Grumpy Cat Limited for temporary restraining order - Renewed -

MEMORANDUM by Grumpy Cat Limited in support of motion for temporary restraining order 24 -- renewed motion for TRO --

Werber Decl.

(Unpublished)

SEALED EXHIBIT by Plaintiff Grumpy Cat Limited regarding memorandum in support of motion 25

Werber Decl. 1 of 4 screenshots

Werber Decl. 2 of 4 screenshots

Werber Decl. 3 of 4 screenshots

(Werber Decl. 4 of 4 screenshots)

MOTION by Plaintiff Grumpy Cat Limited - electronic service and expedited discovery -

Werber Decl.

Ex. A

Ex. B

(Unpublished)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for electronic service and expedited discovery 27 and plaintiff's motion for entry of an ex parte TRO 24 is granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 4/11/2025 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 is to be filed by 4/8/2025. Plaintiff must promptly serve defendants with summons electronically. The Court may deny entry of a preliminary injunction if there is an insufficient interval between electronic service of summons and the preliminary injunction hearing. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 3/28/2025.

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto

INJUNCTION BOND in the amount of $10,000 posted by Grumpy Cat Limited (Document not scanned).

MOTION by Plaintiff Grumpy Cat Limited PLAINTIFF'S MOTION TO EXTEND TEMPORARY RESTRAINING ORDER

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to extend the temporary restraining order 34 is granted. The ex parte TRO entered by the Court on 4/25/2025 is extended through 4/25/2025. The telephonic status/preliminary injunction hearings set for 4/10/2025 and 4/11/2025 are vacated. Telephonic preliminary injunction hearing is set for 4/25/2025 at 8:50 AM, using call-in number 650-479-3207, access code 2305-915-8729. Deadline for filing motion for preliminary injunction is 4/22/2025. Plaintiff is reminded that the Court may deny entry of a preliminary injunction if there is an insufficient interval between service of summons and the preliminary injunction hearing.

MINUTE entry before the Honorable Matthew F. Kennelly: This order corrects docket entry 35 which contained a typographical error. Plaintiff's motion to extend the temporary restraining order 34 is granted. The ex parte TRO entered by the Court on 3/28/2025 is extended through 4/25/2025. The telephonic status/preliminary injunction hearings set for 4/10/2025 and 4/11/2025 are vacated. Telephonic preliminary injunction hearing is set for 4/25/2025 at 8:50 AM, using call-in number 650-479-3207, access code 2305-915-8729. Deadline for filing motion for preliminary injunction is 4/22/2025. Plaintiff is reminded that the Court may deny entry of a preliminary injunction if there is an insufficient interval between service of summons and the preliminary injunction hearing. Mailed notice.

SUMMONS Returned Executed by Grumpy Cat Limited as to All Defendants.

(Declaration)

MOTION by Plaintiff Grumpy Cat Limited for preliminary injunction

(Unpublished)

NOTICE of Voluntary Dismissal by Grumpy Cat Limited as to Certain Defendants

NOTICE of Voluntary Dismissal by Grumpy Cat Limited as to Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic preliminary injunction hearing held on 4/25/2025. Plaintiff's motion for preliminary injunction 38 is granted. Preliminary Injunction Order to follow. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Nixon Peabody LLP 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 6/26/2025 at 8:50 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. The plaintiff's counsel is directed to file a status report by 6/19/2025. 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 4/25/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Grumpy Cat Limited as to Certain Defendants

NOTICE of Voluntary Dismissal by Grumpy Cat Limited as to Certain Defendants

NOTICE of Voluntary Dismissal by Grumpy Cat Limited as to Certain Defendants

NOTICE of Voluntary Dismissal by Grumpy Cat Limited as to Certain Defendants

MOTION by Plaintiff Grumpy Cat Limited for entry of default, MOTION by Plaintiff Grumpy Cat Limited for default judgment as to all defendants remaining in this case

MEMORANDUM by Grumpy Cat Limited in support of motion for entry of default, motion for default judgment 47

Exhibit A - Defaulting Defendants

Declaration of Matt Werber

(Unpublished)

NOTICE of Voluntary Dismissal by Grumpy Cat Limited as to Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of default 47 is granted. Final Default Judgment Order to follow. Any deadlines and hearings set before this Court are vacated. Civil case terminated. Mailed notice.

FINAL DEFAULT JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 5/23/2025. Mailed notice.

MAILED final copyright report with a copy of minute entry 50 and final default judgment order 51 to Registrar, Washington DC

MAILED final trademark report with a copy of minute entry 50 and final default judgment order 51 to Patent Trademark Office, Alexandria VA

NOTICE of Voluntary Dismissal by Grumpy Cat Limited as to certain defendants