2025-cv-02017

COMPLAINT filed by Triumph International, LLC; Filing fee $ 405, receipt number AILNDC-23136679.

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SEALED EXHIBIT by Plaintiff Triumph International, LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Triumph International, LLC for Leave to File Certain Documents Under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Triumph International, LLC

Notice of Claims Involving Trademarks by Triumph International, LLC

ATTORNEY Appearance for Plaintiff Triumph International, LLC by Martin Francis Trainor

ATTORNEY Appearance for Plaintiff Triumph International, LLC by Sydney Paige Fenton

ATTORNEY Appearance for Plaintiff Triumph International, LLC by Alexander Whang

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Laura K. McNally. 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: [REDACTED] added to case caption. Terminating The Partnerships and Unincorporated Associations Identified On Schedule A

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

AMENDED complaint by Triumph International, LLC against [REDACTED]

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SEALED EXHIBIT by Plaintiff Triumph International, LLC Schedule A regarding amended complaint[12]

MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 03/28/2025 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the ***ATTACHED*** status report requirements (do ***not*** use templates from other cases) by 03/18/2025. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice

MOTION by Plaintiff Triumph International, LLC for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Triumph International, LLC in support of motion for miscellaneous relief[15]

Declaration of Martin F. Trainor

Exhibit 1

DECLARATION of Paul Varley regarding memorandum in support of motion[16]

Exhibit 1

SEALED EXHIBIT by Plaintiff Triumph International, LLC Exhibit 2 regarding declaration[17]

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

MEMORANDUM by Triumph International, LLC in support of motion for miscellaneous relief[19]

Declaration of Martin F. Trainor

Exhibit 1

STATUS Report by Triumph International, LLC

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [15] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The request for electronic service of process [19] is granted for good cause. The tracking status hearing of 03/28/2025 is reset to 04/11/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file, if appropriate, the TRO extension or preliminary injunction motion by 04/04/2025. The Plaintiff shall file a status report on 04/04/2025 as well. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/27/2025. Emailed notice

SUMMONS Submitted (Court Participant) for defendant(s) BORYLIN SHIRT C by Plaintiff Triumph International, LLC

SUMMONS Issued (Court Participant) as to Defendant [REDACTED]

SUMMONS Returned Executed by Triumph International, LLC as to [REDACTED] on 4/4/2025, answer due 4/25/2025.

Declaration of Sydney Fenton

Exhibit A

MOTION by Plaintiff Triumph International, LLC for preliminary injunction

Exhibit A

MEMORANDUM by Triumph International, LLC in support of motion for preliminary injunction[27]

Declaration of Martin F. Trainor

Exhibit 1

STATUS Report by Triumph International, LLC

Exhibit A

INJUNCTION BOND in the amount of $1,000 posted by Triumph International, LLC (Document not scanned).

MINUTE entry before the Honorable Edmond E. Chang: Given the applicability of the same circumstances that justified entry of the initial TRO, the motion for preliminary injunction [27] is granted. In light of the answer deadline of 04/25/2025, R. 26, and to track the case only, the tracking status hearing set for 04/11/2025 is reset to 05/09/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint status report by 05/02/2025. If the Defendant has not answered on time, then the Defendant is deemed to be in default, and the Plaintiff shall file a motion for default judgment by 05/02/2025. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/09/2025. Emailed notice

NOTICE of Voluntary Dismissal by Triumph International, LLC as to a certain defendant

STATUS Report by Triumph International, LLC

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed with prejudice. Status hearing of 05/09/2025 is vacated. Civil case terminated. Emailed notice