2025-cv-03220

COMPLAINT filed by Eicher Motors Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-23262435.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by John Wilson

MOTION by Plaintiff Eicher Motors Limited to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. 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: Yuhongxi Home Textiles Store Store, XQyyyy-140 Store, Trendy Bags Store, Taco Home Textile Store Store, Shop1104265967 Store, Shop1104111052 Store, Shop1104033830 Store, Shop1103308474 Store, Shop1103184565 Store, Shop1102893239 Store, Shamon Store, POP-UP 159 Store, Personalized 153 Store, P-TEE 18 Store, P-TEE 16 Store, P-TEE 15 Store, Luxury Fashion Phone Case Store, LUCKY-120 Store, Luckiness Store, LK033 Store, Linxiyao963002 Store, Laumango Spin Exclusive Store, Kele65 Store, Jergir Store, Hangover Store, Do You Believe me? Store, Chenchen Fashion Home Textiles 3 Store, ALIEX PREESS B104 Store, Yangyang Fashion Home Textiles 1 Store, Tyrese Home Textiles Store, Sarai Home Textile Store, Mercura Store, LCZYC Store, Jupiter Home Textiles Store, Cloud Mall Store, BaoFu06 Store Store, BaoFu01 Store, Anju Fashion Home Textiles 6 Store and Anju Fashion Home Textiles 1 Store added to case caption.

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to seal 7 is granted. Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. The submission must also provide a listing of all prior Schedule A cases filed in any court in the United States in which Plaintiff was a plaintiff, and a listing of any of the defendants included in the Schedule A in this case that Plaintiff has previously named as a defendant in any prior complaint or Schedule A case. Finally, by filing the template, Plaintiff certifies that Plaintiff has not used any of the screenshot evidence supplied in support of a motion for a TRO in this case in any prior proceeding. If the template is not completed by April 3, 2025, the Court may dismiss this matter for failure to prosecute. Mailed notice.

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

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

MOTION by Plaintiff Eicher Motors 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 Eicher Motors Limited in support of motion for temporary restraining order, 13

Declaration Ribchester Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED EXHIBIT by Plaintiff Eicher Motors Limited Exhibit 2 Part 1 of Ribchester Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Eicher Motors Limited Exhibit 2 Part 2 of Ribchester Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Eicher Motors Limited Exhibit 2 Part 3 of Ribchester Declaration regarding memorandum in support of motion, 14

Notice of Claims Involving Trademarks by Eicher Motors Limited

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Supplement to Schedule A

MAILED trademark report to Patent Trademark Office, Alexandria VA.

(Trademarks)

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

MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 24 is granted. The TRO is extended to May 2, 2025. Mailed notice.

SURETY BOND in the amount of $ 10,000.00 posted by Eicher Motors Limited

MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

(Exhibit B)

SEALED EXHIBIT by Plaintiff Eicher Motors Limited Exhibit A regarding MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 27

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to extend the TRO 27 is granted. The TRO is extended to May 16, 2025. Mailed notice.

SUMMONS Issued (Court Participant) as to Defendant Anju Fashion Home Textiles 1 Store and all other Defendants identified in the Complaint

MOTION by Plaintiff Eicher Motors Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Eicher Motors Limited in support of motion for preliminary injunction 32

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 32

SUMMONS Returned Executed by Eicher Motors Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 5/12/2025, answer due 6/2/2025.

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by May 19, 2025. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice.

CERTIFICATE of Service by John Wilson on behalf of Eicher Motors Limited

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 32 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 37 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Hughes Socol Piers Resnick & Dym, Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 5/19/2025. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: By June 6, 2025, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice.

MOTION by Plaintiff Eicher Motors Limited 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 Eicher Motors Limited in support of motion for default judgment 41

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 41

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before June 12, 2025. If no objections are filed by that date, the court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by June 9, 2025. A hearing may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Eicher Motors Limited

MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 41 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 marks irreparably harms Plaintiff and confuses the public. The Clerk is directed to return the surety bond posted. Enter Final Judgment Order. Civil case terminated. Mailed notice.

ENTERED JUDGMENT order Signed by the Honorable Lindsay C. Jenkins on 6/13/2025. Mailed notice.

MAILED trademark report with certified copy of minute order dated 06/13/25 to Patent Trademark Office, Alexandria VA.

(Certified minute entry)