2025-cv-05788

COMPLAINT filed by Fendi S.R.L.; Filing fee $ 405, receipt number AILNDC-23529208.

Exhibit 1 to the Complaint

Exhibit 2 to the Complaint

Exhibit 3 to the Complaint

(Exhibit 4 to the Complaint)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Fendi S.R.L. by Paul Joseph Kossof

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fendi S.R.L.

Notice of Claims Involving Trademarks by Fendi S.R.L.

Trademark Report by Fendi S.R.L.

MOTION by Plaintiff Fendi S.R.L. to seal Schedule A, Exhibit 2 to the Declaration of Nicolas Lambert, and Plaintiffs Memorandum Establishing That Joinder Is Proper

SEALED DOCUMENT by Plaintiff Fendi S.R.L. Schedule A

DECLARATION of Nicolas Lambert

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Fendi S.R.L. Exhibit 2 to the Declaration of Nicolas Lambert

CASE ASSIGNED to the Honorable John Robert Blakey. 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.

SEALED DOCUMENT by Plaintiff Fendi S.R.L. Plaintiff's Memorandum Establishing that Joinder is Proper

DECLARATION of Paul Kossof

Exhibit 1 to the Declaration of Paul Kossof

Exhibit 2 to the Declaration of Paul Kossof

(Exhibit 3 to the Declaration of Paul Kossof)

Motion for Electronic Service by Fendi S.R.L.

Supplement Memorandum in Support of Motion for Electronic Service

Declaration of Paul Kossof

Exhibit 1 of Declaration of Paul Kossof

(Exhibit 2 of Declaration of Paul Kossof)

MOTION by Plaintiff Fendi S.R.L. for temporary restraining order

(Supplement Memorandum in Support of Motion for Temporary Restraining Order)

MINUTE entry before the Honorable John Robert Blakey: Plaintiff has filed a complaint seeking to sue nine separate defendants in this single trademark infringement suit, see 1, 8. Joinder of multiple defendants in a single trademark infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff alleges that the "E-commerce stores operating under the Seller Aliases share unique identifiers, establishing a logical relationship between them and giving rise to the inference that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences." 1 4. Plaintiff alleges that, even though defendants "operate under multiple fictitious aliases, the e-commerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other aliases they operate or use. E-commerce stores operating under the Seller Aliases include other notable common features such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar or misspellings, and/or the use of the same text and images. Additionally, Counterfeit Fendi Products for sale by the Seller Aliases bear similar irregularities and indicia of being counterfeit to one another, suggesting that the Counterfeit Fendi Products were manufactured by and come from a common source and that Defendants are interrelated"; and that, on information and belief, defendants constitute "an interrelated group of counterfeiters working in active concert to manufacture, import, distribute, offer for sale, and sell Counterfeit Fendi Products in the same transaction, occurrence, or series of transactions or occurrences." Id. 27, 30. Plaintiff also submitted a memorandum in support of joinder, indicating that it named these nine defendants in this single suit because their "business practices are evidently so closely linked that they properly establish joinder"; that defendants "exhibit clear interconnections through overlapping marketing practices and product materials"; and that "nearly all Defendants in this case. openly share images of these serial numbers which are identical across their products, further proving a partnership between them." 11 at 2. To bolster the point, Plaintiff emphasizes that defendants use "the exact same counterfeit [product] image," captured in non-stock, "amateur photographs with distinct, identifiable features, including a visible line in the left corner of the backdrop." Id. at 3. Plaintiff argues that the "unpolished nature of these photos further confirms they were taken by the same source and shared among coordinated sellers." Id. Plaintiff also alleges that Defendants 1, 2, 3, 5, 6, 7, 8, and 9 share other common photos as well and these defendants also assign a common model number to their products a number not assigned by Plaintiff, but rather a number created and assigned by defendants. Id. at 5. Defendant 4 is excluded from these latter allegations, which suggests this Defendant is not related to the others. But, based upon Plaintiff's submissions, the Court finds that Plaintiff has demonstrated the propriety of joinder as to Defendants 1, 2, 3, 5, 6, 7, 8, and 9, and Plaintiff may therefore proceed on the complaint as to these Defendants. The case is dismissed as to Defendant 4. The Court grants the motion to seal 7 and the motion to serve Defendants 1, 2, 3, 5, 6, 7, 8, and 9 electronically. The Court also grants Plaintiff's motion for entry of a temporary restraining order as to Defendants 1, 2, 3, 5, 6, 7, 8, and 9, 14 but denies the motions as to Defendant 4. Enter Ex Parte Sealed Temporary Restraining Order. Absent further order, this Temporary Restraining Order shall expire on 6/10/25. The Court reminds counsel that all motions must be noticed for presentment or they may be stricken. Finally, Plaintiff's counsel is not a member of the trial bar and must ensure strict compliance with LR 83.12 ("Attorneys admitted to the general bar, but not to the trial bar, may appear alone in proceedings that are not testimonial proceedings or criminal proceedings but may not appear as the lead attorney at trial."). Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable John Robert Blakey on 5/27/2025. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

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

SUMMONS Returned Executed by Fendi S.R.L. as to All Defendants.

MOTION by Plaintiff Fendi S.R.L. for preliminary injunction

Supplement Memorandum in Support of Motion for Preliminary Injunction

Declaration Declaration of Paul Kossof in Support of Motion for Preliminary Injunction

(Exhibit 1 to the Declaration of Paul Kossof in Support of Motion for Preliminary Injunction)

MINUTE entry before the Honorable John Robert Blakey: Plaintiff has moved for entry of a preliminary injunction, see 22. But Plaintiff's evidence fails to establish that each of the named defendants has in fact shipped counterfeit products to Illinois, see 10 at 7-8, 22, 48, 53, 68, 80, 98, 100-01, 113 (showing that Defendants 1, 2, 5, 6, 7, 8, 9 may have shipped to Missouri, but not Illinois). It also appears that Plaintiff's buys of counterfeit bags may have come, not via the fully interactive websites allegedly operated by the Defendants, but through purchases solicited and arranged via personal messages. See id. This evidence undermines the allegations in the complaint concerning personal jurisdiction and undermines Plaintiff's likelihood of success on the merits of its claims. As a result, the Court denies Plaintiff's motion for preliminary injunction 22. Mailed notice.

MOTION by Plaintiff Fendi S.R.L.for Leave to File Supplemental Memorandum in Support of Plaintiffs Motion for Preliminary Injunction

Supplement Memorandum in Support of Plaintiffs Motion for Preliminary Injunction

(Declaration of Dilpreet Aujla in Support of Plaintiffs Motion for Preliminary Injunction)

NOTICE of Voluntary Dismissal by Fendi S.R.L.

MINUTE entry before the Honorable John Robert Blakey: By notice of voluntary dismissal, 25, this case is dismissed without prejudice under Rule 41(a) as to Defendants Lau (Def. No. 7) and Baker (Def. No. 1). Mailed notice.

MOTION by Plaintiff Fendi S.R.L. for default judgment as to Defendants 2, 3, 5, 6, 8, and 9 Identified on Schedule A

Supplement Memorandum in Support of Motion for Default Judgment

Declaration Declaration of Paul Kossof in Support of Motion for Default Judgment

(Exhibit 1 to the Declaration of Paul Kossof in Support of Motion for Default Judgment)

NOTICE of Motion by Paul Joseph Kossof for presentment of motion for default judgment, 27 before Honorable John Robert Blakey on 7/2/2025 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion for leave to file supplemental materials 24 and will consider Plaintiff's additional memorandum and declaration when it takes up Plaintiff's motion for default judgment 27 at the 7/2/25 motion hearing. Mailed notice.

SURETY BOND in the amount of $ 10,000.00 posted by Fendi S.R.L.

NOTICE of Voluntary Dismissal by Fendi S.R.L.

MINUTE entry before the Honorable John Robert Blakey: By notice of voluntary dismissal, 31, this case is dismissed without prejudice under Rule 41(a) as to Defendant Betty Bags (Def. No. 3). Mailed notice.

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 7/2/2025 as to Plaintiff's motion for default judgment 27. Despite proper service, no defendant has appeared in response to the complaint, to object to the motion for default, or otherwise. Additionally, based upon the supplemental materials submitted by Plaintiff, [24-1], [24-2], Plaintiff has established both the propriety of personal jurisdiction here and the propriety of injunctive relief as to the Defendants identified on the accompanying Schedule A. Accordingly, and for the additional reasons explained in the accompanying order, the Court grants Plaintiff's motion 27 for entry of default and default judgment as to the Defendants identified in the accompanying Schedule A. Enter Default Judgment Order. All matters in dispute now having been resolved, the case is closed. Civil case terminated. Mailed notice.

DEFAULT Judgment Order. Signed by the Honorable John Robert Blakey on 7/2/2025. Mailed notice.