2024-cv-12483

COMPLAINT for Trademark Infringement filed by XYZ Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22801401.

Exhibit 1 to the Complaint

Exhibit 2 to the Complaint

Exhibit 3 to the Complaint

Exhibit 4 to the Complaint

Exhibit 5 to the Complaint

Exhibit 6 to the Complaint

CIVIL Cover Sheet

SEALED EXHIBIT by Plaintiff XYZ Corporation Exhibit 1 to the Complaint regarding complaint, [1]

Exhibit 2 to the Complaint

(Exhibit 3 to the Complaint)

MOTION by Plaintiff XYZ Corporation to seal

Declaration of Shawn A. Mangano ISO Motion to Seal

Exhibit 1 to the Declaration of S. Mangano

SEALED EXHIBIT by Plaintiff XYZ Corporation Exhibit 1 to the Declaration of S. Mangano regarding MOTION by Plaintiff XYZ Corporation to seal [4]

MOTION by Plaintiff XYZ Corporation for leave to file excess pages in Plaintiff's Motion for Temporary Restraining Order

MOTION by Plaintiff XYZ Corporation for temporary restraining order INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION

Declaration of S. Mangano ISO Motion for Temporary Restraining Order

Exhibit 1 to the Declaration of S. Mangano

Exhibit 2 to the Declaration of S. Mangano

SEALED EXHIBIT by Plaintiff XYZ Corporation SEALED Motion for Temporary Restraining Order regarding MOTION by Plaintiff XYZ Corporation for temporary restraining order INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION [7]

Exhibit 1 to the Declaration of S. Mangano

(Exhibit 2 to the Declaration of S. Mangano)

DECLARATION of Jillian Sullivan regarding motion for temporary restraining order, [7]

Exhibit 1 to the Declaration of J. Sullivan

SEALED EXHIBIT by Plaintiff XYZ Corporation Declaration of Jillian Sullivan regarding declaration[9]

(Exhibit 1 to the Declaration of J. Sullivan)

DECLARATION of Fang regarding motion for temporary restraining order, [7]

Exhibit 1 to the Declaration

Exhibit 2 to the Declaration

SEALED EXHIBIT by Plaintiff XYZ Corporation Declaration of Fang regarding declaration[11]

Exhibit 1 to the Declaration

(Exhibit 2 to the Declaration)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by XYZ Corporation

SEALED EXHIBIT by Plaintiff XYZ Corporation regarding notification of affiliates pursuant to local rule 3.2[13]

ATTORNEY Appearance for Plaintiff XYZ Corporation by Shawn Anthony Mangano

ATTORNEY Appearance for Plaintiff XYZ Corporation by Joseph Wendell Droter

ATTORNEY Appearance for Plaintiff XYZ Corporation by Nihat Deniz Bayramoglu

ATTORNEY Appearance for Plaintiff XYZ Corporation by Gokalp Bayramoglu

CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

Plaintiff's NOTICE of Motion by Shawn Anthony Mangano for presentment of motion to seal[4], motion for leave to file excess pages[6], motion for temporary restraining order, [7] before Honorable Elaine E. Bucklo on 12/18/2024 at 09:45 AM.

MINUTE entry before the Honorable Elaine E. Bucklo: "XYZ Corporation" claims that defendants listed in schedule A have violated its trademark. XYZ is nowhere identified, but is presumably not a real corporation. The defendants are not identified in schedule A, or in a sealed addition to the complaint. The trademark can only be guessed at. By 12/19/24, plaintiff shall provide its name, its trademark and the identity of all defendants in a sealed filing. Ruling set for 12/20/24. No appearance required on 12/18/2024. The court will issue ruling by mail. Mailed notice.

SEALED DOCUMENT by Plaintiff XYZ Corporation Supplement in Compliance with Docket 20

MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiffs' motion for leave to file under seal [4]; Plaintiffs' motion to exceed page limitation [6]; and Plaintiffs' motion for temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery and service of process by e-mail and/or electronic publication [7] are granted. Enter Sealed Temporary Restraining Order. Because the temporary restraining order will expire on 1/3/2025 any motion for preliminary injunction or to extend the temporary restraining order must be filed by no later than 12/27/2024. Bayramoglu Law Offices LLC is ordered to add all defendant names listed in the Schedule A to the docket within three business days of the expiration of the TRO. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Additionally, no later than 1/3/2025, plaintiff shall file an unsealed amended complaint naming the plaintiff, the trademark, and the defendants. The case is set for a status hearing on 2/3/2025 at 9:45 a.m. (to track the case only, no appearance is required). By 1/27/2025 plaintiff is to file a status report regarding the status of service of process, settlement discussions, and any further information that plaintiff wishes to bring to the Court's attention. Mailed notice.

NEW PARTIES: 2024 Todays Daily Deal Clearance, Azeralia, Best Sellers(6-12Day)9999+AMZ-Choice, BXJX Direct, Ceboyel, FUNLINGO, Gallant_E-30, JEGULV-clearance sales today deals prime, JJHAEVDY, JJHAEVDY Prime Day Deals Today, KIKX0DE, L-Peng JEGULV Storefront, Muscularfit, Neiak112z. 1, Newchoice, Pa01.3, PinkQueen, TANGNADE Direct, YAFINMO aka MIXBPA and ZEAGOO added to case caption. (Text entry; no document attached.)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/20/2024: Mailed notice.

TEMPORARY Restraining Order signed by the Honorable Elaine E. Bucklo on 12/26/2024. Mailed notice.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Schedule A Hereto (Text entry; no document attached.)

MOTION by Plaintiff HONG KONG YU'EN E-COMMERCE CO. LTD. to deposit funds into Court Registry

Exhibit Registry Deposit Information Form

SURETY BOND in the amount of $ $5,000.00 posted by HONG KONG YU'EN E-COMMERCE CO. LTD., XYZ Corporation

MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's motion for leave to deposit funds into court registry [24] is granted in amount of $5,000.00 USD. Mailed notice.

FIRST AMENDED complaint by HONG KONG YU'EN E-COMMERCE CO. LTD. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Schedule A Hereto for Trademark Infringement

Exhibit 1 to the First Amended Complaint

Exhibit 2 to the First Amended Complaint

Exhibit 3 to the First Amended Complaint

Exhibit 4 to the First Amended Complaint

Exhibit 5 to the First Amended Complaint

Exhibit 6 to the First Amended Complaint

SUMMONS Returned Executed by HONG KONG YU'EN E-COMMERCE CO. LTD. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Schedule A Hereto on 1/3/2025, answer due 1/24/2025.

CERTIFICATE of Service by Plaintiff HONG KONG YU'EN E-COMMERCE CO. LTD. regarding amended complaint, [27]

MOTION by Plaintiff HONG KONG YU'EN E-COMMERCE CO. LTD. for extension of time of TEMPORARY RESTRAINING ORDER

Memorandum in Support of Motion to Extend the Temporary Restraining Order

Declaration of S. Mangano in Support of Motion to Extend Temporary Restraining O

MOTION by Plaintiff HONG KONG YU'EN E-COMMERCE CO. LTD. for preliminary injunction

Memorandum of Law in Support of Motion for Preliminary Injunction

Declaration of S. Mangano in Support of Motion for Preliminary Injunction

Declaration of E. Fang in Support of Motion for Preliminary Injunction

NOTICE of Motion by Shawn Anthony Mangano for presentment of motion for preliminary injunction, [32], extension of time, [31] before Honorable Elaine E. Bucklo on 1/15/2025 at 09:45 AM.

MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's motion to extend the temporary restraining order [31] is granted. Plaintiff's motion for preliminary injunction [32] is granted. Enter Order for Preliminary Injunction. The Clerk of Court is directed to modify the case caption and docket to reflect the Plaintiff's identity per the Amended Complaint filed on 1/3/2025. Mailed notice.

ORDER for PRELIMINARY INJUNCTION signed by the Honorable Elaine E. Bucklo on 1/22/2025. Mailed notice.

STATUS Report in Compliance with Docket 22 by HONG KONG YU'EN E-COMMERCE CO. LTD.

NOTICE of Voluntary Dismissal by HONG KONG YU'EN E-COMMERCE CO. LTD. ONLY as to Defendants 4, 5, 7, 8, 13, 14, 15, 16, 18 and 19

MINUTE entry before the Honorable Elaine E. Bucklo: The Court has reviewed plaintiff's status report. Plaintiff will move for default judgment against remaining defendant(s). Status hearing is reset for 3/18/2025 at 9:45 a.m. (to track the case only; no appearance is required). Status report is due 3/11/2025. The court will enter an order based on the report. Mailed notice.

ATTORNEY Appearance for Defendant FUNLINGO by Zheng Gao

NOTICE by HONG KONG YU'EN E-COMMERCE CO. LTD. re amended complaint, [27] Notice of Errata

Exhibit 1 to Notice of Errata

MOTION by Attorney Shawn A. Mangano to withdraw as attorney for HONG KONG YU'EN E-COMMERCE CO. LTD. No party information provided

MOTION by Defendant FUNLINGO for extension of time to file answer regarding amended complaint, [27], notice of filing[40] or otherwise plead (unopposed motion)

Declaration

Exhibit A Email

NOTICE of Voluntary Dismissal by HONG KONG YU'EN E-COMMERCE CO. LTD. ONLY as to Defendants 2, 3, 9 and 11

NOTICE of Motion by Zheng Gao for presentment of motion for extension of time to file answer, [42] before Honorable Elaine E. Bucklo on 2/21/2025 at 09:45 AM.

MINUTE entry before the Honorable Elaine E. Bucklo: Motion for leave to withdraw as counsel of record [41] is granted. Attorney Shawn Anthony Mangano terminated. Funlingo's unopposed motion for extension of time to answer or otherwise plead [42] is granted to 3/14/2025. Status hearing is reset for 4/21/2025 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint written status report by 4/14/2025. The court will enter a scheduling order in response to the status report. Mailed notice.

NOTICE of Voluntary Dismissal by HONG KONG YU'EN E-COMMERCE CO. LTD. ONLY as to Defendant 17

MOTION by Defendant FUNLINGO to vacate preliminary injunction[35] dissolve preliminary injunction and for leave to conduct expedited discovery

Declaration of Zheng Gao

Exhibit A_List of 129 URLs

Exhibit B_Funlingo URL with Modlily

Exhibit C_Funlingo URL without Modlily

Exhibit D_Funlingo URL with ASIN only

Exhibit E_Funlingo URL_with coca-cola

Exhibit F_Funlingo URL_with clarks

Exhibit G_Diet-Coke URL_with Modlily

Exhibit H_Civil Docket for Case # 1:24-cv-11029

Exhibit I_Original Complaint in Case # 1:24-cv-11029

Exhibit J_Transcript for 11.12.2024 Hearing in Case # 1:24-cv-11029

Exhibit K_Email of Counsel

NOTICE of Motion by Zheng Gao for presentment of motion to vacate, [47] before Honorable Elaine E. Bucklo on 3/12/2025 at 09:45 AM.

MOTION by Defendant FUNLINGO for order Granting Access to Sealed Documents

NOTICE of Motion by Zheng Gao for presentment of motion for order[49] before Honorable Elaine E. Bucklo on 3/12/2025 at 09:45 AM.

MOTION by Defendant FUNLINGO for extension of time to file answer regarding amended complaint, [27]

NOTICE of Motion by Zheng Gao for presentment of motion for extension of time to file answer[51] before Honorable Elaine E. Bucklo on 3/14/2025 at 09:45 AM.

MINUTE entry before the Honorable Elaine E. Bucklo: The Court sets the following briefing scheudule on the memorandum in support of Defendant Funlingo's opposed motion to dissolve preliminary injunction and for leave to conduct expedited discovery [47] as follows: Responses due by 4/4/2025. Replies due by 4/18/2025. Ruling set for 5/16/2025. The Court will issue ruling by mail. Defendant Funlingo's unopposed motion to motion for access to documents filed under seal [49] is granted. The Clerk of Court is directed to unseal the following sealed documents: Docket #3, Docket #5, Docket #8, Docket #10, Docket # 12, Docket #14 and Docket #21. Defendant Funlingo's unopposed second motion for extension of time to answer or otherwise plead [51] is granted to 4/14/2025. Status hearing to stand as to remaining non-dismissed defendant. Mailed notice.

ATTORNEY Appearance for Defendant ZEAGOO by Ivan Miles Posey

MOTION by Defendant ZEAGOO for extension of time to file answer regarding amended complaint, [27]

MINUTE entry before the Honorable Elaine E. Bucklo: Parties to take note of Judge Bucklo's motion call practice posted on her webpage at www.ilnd.uscourts.gov. Unopposed first motion of Defendant Zeagoo for extension of time to answer or plead to Plaintiff's amended complaint [55] is granted to 4/16/2025. Status hearing to stand as to remaining non-dismissed defendant. Mailed notice.

NOTICE of Voluntary Dismissal by HONG KONG YU'EN E-COMMERCE CO. LTD. ONLY as to Defendants 1 and 10

RESPONSE by HONG KONG YU'EN E-COMMERCE CO. LTD.in Opposition to MOTION by Defendant FUNLINGO to vacate preliminary injunction[35] dissolve preliminary injunction and for leave to conduct expedited discovery [47]

NOTICE by HONG KONG YU'EN E-COMMERCE CO. LTD. re response in opposition to motion, [58] Notice of Errata

Exhibit Red Line Correction of Motion

RESPONSE by HONG KONG YU'EN E-COMMERCE CO. LTD.in Opposition to MOTION by Defendant FUNLINGO to vacate preliminary injunction[35] dissolve preliminary injunction and for leave to conduct expedited discovery [47] Amended Response in Opposition to Motion

ATTORNEY Appearance for Plaintiff HONG KONG YU'EN E-COMMERCE CO. LTD. by William Brees

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant FUNLINGO, MOTION by Defendant FUNLINGO to dismiss for lack of jurisdiction (insufficient process and insufficient service of process)

Declaration of Zheng Gao ISO Funlingo's Mtn to Dismiss

Exhibit A_First Amended Complaint ("FAC") with all Exhibits

Exhibit B_List of 129 URL as Purported Evidence of Infringement

Exhibit C_orignial Complaint with all Exhibits

Exhibit D_Wrong Schedule A

Exhibit E_P's Proof of Service

Exhibit F_Mangano Decl. ISO P's Mtn for TRO

Exhibit G_Dkt. #8-1 (Ex. 1 to Mangano Decl.)

Exhibit H_Dkt. #8-2 (Ex. 2 to Mangano Decl.)

Exhibit I_Former Action, Civil Docket

Exhibit J_Former Action Complaint

Exhibit K_Former Action Rule 11 OSC

Exhibit L_Former Action Transcript for 11.12.2024 Hearing

Exhibit M_Gao Decl. ISO Funlingo's Mtn to Dissolve PI

Exhibit N_Email between Counsel

(Opposed) NOTICE of Motion by Zheng Gao for presentment of

(Refiled) NOTICE of Motion by Zheng Gao for presentment of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction, [62] before Honorable Elaine E. Bucklo on 4/17/2025 at 09:45 AM.

STATUS Report JOINT Report by HONG KONG YU'EN E-COMMERCE CO. LTD.

MEMORANDUM by FUNLINGO in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction, [62] replace Dkt #62, to conform to 15-page limit

NOTICE by FUNLINGO re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant FUNLINGO MOTION by Defendant FUNLINGO to dismiss for lack of jurisdiction (insufficient process and insufficient service of process) [62] Notice of Errata

Exhibit Redlined correction of Motion Memo

STIPULATION regarding preliminary injunction[35] modifying amount of asset restraint as to Defendant Zeagoo

ANSWER to amended complaint by ZEAGOO

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ZEAGOO

REPLY by FUNLINGO to MOTION by Defendant FUNLINGO to vacate preliminary injunction[35] dissolve preliminary injunction and for leave to conduct expedited discovery [47], response in opposition to motion, [60]

MINUTE entry before the Honorable Elaine E. Bucklo: The Court has reviewed the parties' joint status report and adopts the case schedule. Fact Discovery ordered closed by 10/31/2025. Dispositive motions with supporting memoranda due by 3/2/2026. Status hearing set for 7/21/2025 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file the joint written status report by 7/14/2025. The court will enter a scheduling order in response to the status report. Plaintiff will move for default judgment against remaining non-dismissed defendant(s). Mailed notice.

MINUTE entry before the Honorable Elaine E. Bucklo: The court sets the following briefing schedule on Defendant Funlingdo's motion to dismiss and memorandum of law in support of motion to dismiss 62 as follows: Responses due by 5/14/2025. Replies due by 5/28/2025. Ruling set for 6/27/2025. The Court will issue ruling by mail. Mailed notice.

RESPONSE by HONG KONG YU'EN E-COMMERCE CO. LTD.in Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant FUNLINGO MOTION by Defendant FUNLINGO to dismiss for lack of jurisdiction (insufficient process and insufficient service of process) [62]

Exhibit A to the Opposition to Motion to Dismiss

Exhibit B to the Opposition to Motion to Dismiss

MEMORANDUM OPINION and ORDER: Defendant Funlingo's motion to dissolve preliminary injunction and for leave to conduct expedited discovery [47] is granted in part and denied in part. It is granted to the extent that the preliminary injunction is dissolved as to defendant Funlingo in its entirety. It is further granted to the extent that Funlingo may serve an interrogatory on plaintiff for the identities of all defendants named in the original complaint filed in Case No. 1:24-cv-11029 in this district. The motion is otherwise denied. Signed by the Honorable Elaine E. Bucklo on 5/15/2025.

NOTICE of Voluntary Dismissal by HONG KONG YU'EN E-COMMERCE CO. LTD. ONLY as to Defendant 6

NOTICE of Voluntary Dismissal by HONG KONG YU'EN E-COMMERCE CO. LTD. ONLY as to Defendant 20

STIPULATION of Dismissal as to Defendant Zeagoo

MINUTE entry before the Honorable Elaine E. Bucklo: Pursuant to notice of voluntary dismissal [76], Defendant Funlingdo's motion to dismiss and memorandum of law in support of motion to dismiss [62] is moot, and its briefing schedule is stricken. Mailed notice.

MOTION by Plaintiff HONG KONG YU'EN E-COMMERCE CO. LTD. for default judgment as to the only remaining Defendant No. 12

Memorandum in Support of Motion for Entry of Default and Default Judgment

Declaration of W. Brees in Support of Motion for Entry of Default and Default Judgment

(Exhibit A to the Declaration of W. Brees in Support of Motion for Entry of Default and Default Judgment)

NOTICE of Motion by Joseph Wendell Droter for presentment of motion for default judgment, 80 before Honorable Elaine E. Bucklo on 7/9/2025 at 09:45 AM.

MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's motion for entry of default and default judgment against Defendant No. 12 80 is granted. Enter Final Default Judgment Order. The Clerk of the Court is directed to return the surety bond posted in the amount of five thousand dollar ($5,000) to Plaintiff or its counsel, Bayramoglu Law Offices LLC, 1540 West Warm Springs Road Ste. 100, Henderson, NV 89014 by certified mail. All pending dates and motions are terminated as moot. Civil case terminated. Mailed notice.

FINAL DEFAULT JUDGMENT ORDER signed by the Honorable Elaine E. Bucklo on 7/9/2025. Mailed notice.