2025-cv-05035

COMPLAINT filed by Merch Traffic, LLC;

Exhibit 1

SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Merch Traffic, LLC for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Merch Traffic, LLC

Notice of Claims involving Trademarks by Merch Traffic, LLC

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Luana Faria De Souza (Faria De Souza, Luana)

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable M. David Weisman. 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: A14NH7HNBFA9QS, AZGLFKPZARWGW, chenzhoushibeihuqujingxingshangmaoyouxiangongsi, huangyaohuihaibao, HuNanHongShengGongChengLaoWuYouXianGongSi, jinyunyun, Joseilson, L6Z88866, LiangShanChunHongGangCaiYouXianGongSi, linyiguangkuohuanbaokejiyouxiangongsi, Melliflo, MINHCHUYEN KUFU SKY SHOP22222, oinono Direct sales, qianning shop, sun4587r, tongyujiashangmaoyouxiangongsi, xiayulong, yiming77, YuhanStoreposter, zhengshichenghaibao, Artful Livingg, Artisanal Edges, Corner Encounter Love, Dream big clothing eight, Fanyeoo Decoration, Gallery Grace, GD Art Decoration, Inspired Print Shop, Jiangnan Cloth Factory, Metal poster art, Patchwork Fabric Factory, RebelThreads, Refined Residences, Style Nest Clothing nine, the vault of heaven Decorate, UH Wonderful pictures, Vivid Arts, xinyaohuaguangA, yonggexiaodian and 102628633 added to case caption.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Merch Traffic, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Merch Traffic, LLC in support of motion for temporary restraining order[13]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]

DECLARATION of Emily Holt regarding memorandum in support of motion[14]

Exhibit 1

SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Exhibit 2 regarding declaration[16]

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

MEMORANDUM by Merch Traffic, LLC in support of motion for miscellaneous relief[18]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]

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 [3] is granted. Ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13] is granted. Motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [18] is granted. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 5/12/2025. Mailed notice.

SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Merch Traffic, LLC

Registry Deposit Information Form by Merch Traffic, LLC

SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

SURETY BOND in the amount of $ 12,000.00 posted by Merch Traffic, LLC

ATTORNEY Appearance for Defendant Melliflo by Steven G Kalberg

MOTION by Plaintiff Merch Traffic, LLC for preliminary injunction

Exhibit A

MEMORANDUM by Merch Traffic, LLC in support of motion for preliminary injunction[29]

Declaration of Kahlia R. Halpern

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction [29] is set for 5/27/2025 at 9:30 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.

SUMMONS Returned Executed by Merch Traffic, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/21/2025, answer due 6/11/2025.

Declaration of Luana Faria de Souza

Exhibit A

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Jennifer Van Nacht

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 5/27/2025. Mr. Kalberg was present on behalf of Defendant no. 11. No one was present on behalf of other defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [29] is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal. Schedule A to the Complaint [2], Exhibits to the Declaration of Emily Holt [17], and the TRO [23]. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 7/2/2025 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.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 5/27/2025. Mailed notice.

MOTION by Defendant Melliflo for extension of time to file answer regarding complaint[1] or otherwise respond (unopposed)

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time to answer [36] is granted. Defendant No. 11 Melliflo is to answer Plaintiff's Complaint by 7/11/2025. Mailed notice.

MOTION by Plaintiff Merch Traffic, LLC for entry of default, MOTION by Plaintiff Merch Traffic, LLC for default judgment as to all Defendants with the exception of a certain Defendant

Exhibit A

MEMORANDUM by Merch Traffic, LLC in support of motion for entry of default, motion for default judgment, [38]

Exhibit 1

Exhibit 2

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[39]

Exhibit 1

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 7/2/2025 at 9:15 a.m. is converted to a telephone hearing as to the motion for entry of default and default judgment [38]. Mailed notice.

ATTORNEY Appearance for Defendants Jiangnan Cloth Factory, Patchwork Fabric Factory by Adam Edward Urbanczyk

MOTION by Defendants Jiangnan Cloth Factory, Patchwork Fabric Factory for extension of time UNOPPOSED

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time [43] is granted. Defendants Jiangnan Cloth Factory and Patchwork Fabric Factory are to respond to Plaintiff's Complaint by 7/21/2025. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 7/2/2025. No one appeared on behalf of defendants other than Defendant No. 11. For the reasons stated on the record, the motion for entry of default and default judgment [38] is granted. Enter order. No answer is due from Defendant No. 11 at this time. A telephone status hearing is set for 8/5/2025 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.

DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 7/2/2025. Mailed notice.

MOTION by Defendants Jiangnan Cloth Factory, Patchwork Fabric Factory for extension of time

MINUTE entry before the Honorable Thomas M. Durkin: Defendants' unopposed motion for extension of time [47] is granted. Defendants Jiangnan Cloth Factory and Patchwork Fabric Factory are to respond to Plaintiff's Complaint by 8/11/2025. Mailed notice.

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Justin Tyler Joseph

MOTION by Plaintiff Merch Traffic, LLC for entry of default, MOTION by Plaintiff Merch Traffic, LLC for default judgment as to Defendant No. 11

Exhibit A

MEMORANDUM by Merch Traffic, LLC in support of motion for entry of default, motion for default judgment[50]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[51]

Exhibit 1

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for entry of default and default judgment [50] is set for 8/5/2025 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.

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 8/5/2025. Appearing defendants are to respond to the complaint by 8/26/2025. A telephone status hearing is set for 8/28/2025 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.

NOTICE of Voluntary Dismissal by Merch Traffic, LLC as to Defendant Melliflo

NOTICE of Voluntary Dismissal by Merch Traffic, LLC as to certain defendants

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 8/28/2025. Plaintiff's counsel reported that all defendants have been disposed of. Civil case terminated. Mailed notice.

MAILED Trademark report with certified copy of minute order dated 8/28/2025 to Patent Trademark Office, Alexandria VA