2025-cv-05485

COMPLAINT filed by Revelyst Operations LLC ; Filing fee $ 405, receipt number AILNDC-23497337.

Exhibit 1 - TM Registrations

Exhibit 2 - CBP

Exhibit 3 - IP Rights

(Exhibit 4 - DHS)

CIVIL Cover Sheet

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC - Schedule A to the Complaint - regarding complaint, 1

MOTION by Plaintiff Revelyst Operations LLC to seal document exhibit 3 MOTION FOR LEAVE TO FILE EXHIBIT UNDER SEAL

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Revelyst Operations LLC

ATTORNEY Appearance for Plaintiff Revelyst Operations LLC by Matthew A. Werber

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Albert Berry, III. 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.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

ATTORNEY Appearance for Plaintiff Revelyst Operations LLC by Peter Krusiewicz

MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 06/20/2025 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 06/12/2025. 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

(Status Report Requirements)

MEMORANDUM by Revelyst Operations LLC -- regarding request for joinder --

Werber Decl.

(Unpublished Order)

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC regarding memorandum 11

Ex. 1 - Comparison Chart

(Ex. 2 - Listings)

MOTION by Plaintiff Revelyst Operations LLC to seal

STATUS Report by Revelyst Operations LLC

MINUTE entry before the Honorable Edmond E. Chang: (1.) The motions 4, 13 to seal are granted for now in light of the goal of asset restraint. (2.) Applying the joinder principles in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020), joinder of the Defendants in Schedule A is rejected, given that infringement of the same trademark is not enough to join otherwise unconnected Defendants. Joinder of the narrower set of six Defendants is rejected for the same reason. Instead, Defendants 108, 123, 138, and 145 is accepted, in light of the same 23-word advertising text in the same sequence. Although the text is not as unique as other settings in which this Court has found proper joinder, it is sufficiently unique to permit it at the pleading stage. The Plaintiff shall file Amended Schedule A by 06/25/2025, under seal if needed. The tracking status hearing of 06/20/2025 is reset to 07/18/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, if the Plaintiff is going to seek provisional relief, then the Plaintiff must file the appropriate motion by 07/11/2025. Emailed notice

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

Exhibit 1 - TM Registrations

Exhibit 2 - CBP

Exhibit 3 - IP Rights

(Exhibit 4 - DHS)

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC - Amended Schedule A to the Amended Complaint - regarding amended complaint, 16

MOTION by Plaintiff Revelyst Operations LLC for temporary restraining order PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER AND OTHER RELIEF

MEMORANDUM by Revelyst Operations LLC in support of motion for temporary restraining order 18

Declaration of Paul Mills

Declaration of Matthew Werber

(Unpublished)

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC EXHIBIT 1 TO THE DECLARATION OF PAUL MILLS (SEALED) regarding memorandum in support of motion 19

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC EXHIBIT A TO THE DECLARATION OF MATTHEW A. WERBER (SEALED) regarding memorandum in support of motion 19

(Exhibit A)

MOTION by Plaintiff Revelyst Operations LLC for EXPEDITED DISCOVERY AND ELECTRONIC SERVICE

Declaration of Matthew Werber

Exhibit A - to the Declaration of Matt Werber

Exhibit B - to the Declaration of Matt Werber

(Unpublished)

MEMORANDUM by Revelyst Operations LLC -- MEMORANDUM ON JOINDER --

NOTICE of Motion by Matthew A. Werber for presentment of motion for temporary restraining order 18, motion for miscellaneous relief, 22 before Honorable Edmond E. Chang on 7/1/2025 at 08:30 AM.

MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the joinder filings, R. 21, 22, at this stage joinder of the four remaining Defendants on Amended Schedule A is proper. The Defendants use the same 23-word advertising text (in the same sequence); although the string of text is not necessarily as singularly unique as in other cases, there are enough relatively unique words and an odd capitalization of a unit of measurement to warrant joinder. (2.) The Plaintiff's motion 18 for temporary restraining order 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 Defendants 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 Defendants, who likely would seek to transfer the money elsewhere. By 07/08/2025, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion 22 for expedited discovery and electronic service of process is granted for good cause to provide reasonable notice and to obtain necessary evidence. The tracking status hearing of 07/18/2025 remains in place as scheduled, but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report by 07/11/2025 and, if appropriate, shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/11/2025. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 06/30/2025. Emailed notice

SURETY BOND in the amount of $ 10,000 posted by Revelyst Operations LLC (document not scanned)

SUMMONS Issued (Court Participant) as to Defendant Getfun and all other Defendants identified in the Amended Complain

MOTION by Plaintiff Revelyst Operations LLC for extension of time PLAINTIFF'S MOTION TO EXTEND TEMPORARY RESTRAINING ORDER

NOTICE of Motion by Matthew A. Werber for presentment of extension of time 30 before Honorable Edmond E. Chang on 7/10/2025 at 08:30 AM.

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend the TRO 30 is granted. The TRO is extended through 07/28/2025. The tracking status hearing of 07/18/2025 is reset to 08/01/2025 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 07/25/2025, or else the Plaintiff shall file a status report if no Defendant has appeared. If the Plaintiff is going to move for a preliminary injunction, then the motion must be filed by 07/25/2025 as well. Emailed notice

SUMMONS Returned Executed by Revelyst Operations LLC as to All Defendants.

(Declaration)

MOTION by Plaintiff Revelyst Operations LLC for preliminary injunction

(Unpublished)

NOTICE of Motion by Matthew A. Werber for presentment of motion for preliminary injunction 34 before Honorable Edmond E. Chang on 7/17/2025 at 08:30 AM.

ENTERED IN ERROR. (jn,) Modified on 7/14/2025.

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction is granted. On review of the return of summons, R. 33, the answer deadline is 07/29/2025. The tracking status hearing of 08/01/2025 is reset to 08/15/2025 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 08/06/2025. If the Defendants do not answer on time, then they shall be deemed in default as of 07/30/2025, and the Plaintiff shall instead file the motion for default judgment in a sum certain by 08/06/2025. Mailed notice. (jn,)

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Edmond E. Chang on 7/14/2025. Mailed notice. (jn,)

NOTICE of Correction regarding document 36. (jn,)

NOTICE of Voluntary Dismissal by Revelyst Operations LLC as to Certain Defendants

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 without prejudice as to Defendant No. 108 (Getfun) and No. 123 (ouyaer JIN). Mailed notice

MOTION by Plaintiff Revelyst Operations LLC for default judgment as to

MEMORANDUM by Revelyst Operations LLC in support of motion for default judgment 42 as to DEFAULTING DEFENDANTS

Ex. A defaulting Defendants

Werber Decl.

Unpublished 25-4431

(Other Unpublished)

NOTICE of Motion by Matthew A. Werber for presentment of motion for default judgment 42 before Honorable Edmond E. Chang on 8/12/2025 at 08:30 AM.

MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment 42 is granted in part. Judgment shall be entered in favor of the Plaintiff and against the Defendants in the amount of twenty-five thousand dollars ($25,000) as to each Defendant. Given the willfulness established by the default, a permanent injunction shall be entered. A separate AO-450 judgment shall be entered. The status hearing of 08/15/2025 is vacated. Civil case terminated. Emailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 08/11/2025. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 08/11/2025. Emailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA.