2022-cv-05530

COMPLAINT filed by Qi Chen; Jury Demand. Filing fee $ 402, receipt number AILNDC-19925723.

(Exhibit Registration)

CIVIL Cover Sheet

SEALED DOCUMENT by Plaintiff Qi Chen Exhibit Two to the Complaint--Sealed Schedule A

ATTORNEY Appearance for Plaintiff Qi Chen by Lydia Pittaway

CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment.

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.

AMENDED complaint by Qi Chen against The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A

(Exhibit One: Registration)

SEALED DOCUMENT by Plaintiff Qi Chen Exhibit Two to the First Amended Complaint--Sealed Schedule A

DECLARATION of Qi Chen

(Exhibit 1: Registration)

SEALED DOCUMENT by Plaintiff Qi Chen Exhibit 2 to the Declaration of Qi Chen--Sealed Schedule A

SEALED DOCUMENT by Plaintiff Qi Chen Exhibit 3 to the Declaration of Qi Chen--Screenshot Evidence of Infringement

MOTION by Plaintiff Qi Chen to seal Doc. 3, 6, 8, and 9

MOTION by Plaintiff Qi Chen Motion for Electronic Service of Process Pursuant to Fed. R. Civ P. 4(f)(3)

(Supplement Unreported Cases)

MOTION by Plaintiff Qi Chen for temporary restraining order

(Supplement Unreported Cases)

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John Robert Blakey for all further proceedings pursuant to 28:294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 10/12/22.

ATTORNEY Appearance for Plaintiff Qi Chen by Charles Edward McElvenny

MAILED copyright report to Registrar, Washington DC.

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal 10 and motion for electronic service of process 11. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 12. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 10/27/22. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 10/14/2022. Mailed notice

MOTION by Plaintiff Qi Chen to amend/correct SEALED Order 17

MOTION by Plaintiff Qi Chen for temporary restraining order Extension of Fourteen (14) Days

SUMMONS Issued as to Defendant The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A

MOTION by Plaintiff Qi Chen for preliminary injunction

NOTICE of Motion by Lydia Pittaway for presentment of motion for preliminary injunction 20, motion to amend/correct 18 before Honorable John Robert Blakey on 11/8/2022 at 11:00 AM.

SUMMONS Returned Executed by Qi Chen as to Defendants 1-42, 44 on 11/2/2022, answer due 11/23/2022.

CERTIFICATE of Service by Plaintiff Qi Chen regarding notice of motion 21, MOTION by Plaintiff Qi Chen for preliminary injunction 20 as to Defendants 1-42, 44

SUMMONS Returned Executed by Qi Chen as to Defendant 43 on 11/2/2022, answer due 11/23/2022.

CERTIFICATE of Service by Plaintiff Qi Chen regarding notice of motion 21, MOTION by Plaintiff Qi Chen for preliminary injunction 20 as to Defendant 43

ATTORNEY Appearance for Defendant (Defendant 21) Picniva Inc. by Daniel I. Konieczny

MINUTE entry before the Honorable John Robert Blakey: Oral motion to convert 11/8/2022 in-person motion hearing to a telephonic motion hearing is granted. Counsel/Parties shall call into 877-402-9753 and utilize participant code 9955840. 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 John Robert Blakey: The Court grants Plaintiff's motion to amend/correct 18 and motion to extend the TRO entered 10/14/22 19. Enter Amended TRO. This TRO shall expire 11/10/22. The 11/8/22 hearing on Plaintiff's motion for preliminary injunction shall proceed via telephone. Counsel and any interested parties shall call into 877-402-9753 and utilize participant code 9955840. Members of the public and media will be able to call in to listen to this hearing. 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

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by (Defendant 21) Picniva Inc.

SEALED ORDER Signed by the Honorable John Robert Blakey on 11/7/2022. Mailed notice

MOTION by Defendant Zai Ju Fu to dismiss Plaintiff's complaint and dissolve restraining order.

MINUTE entry before the Honorable John Robert Blakey: Telephonic motion hearing held on 11/8/2022. Defendants 21, 8, 37 and 40 appeared thru counsel for today's hearing. Defendant's motion to dismiss 31 is taken under advisement. For the reasons stated in open court, Defendant Picniva's oral motion to vacate the TRO is denied and Plaintiff's motion for preliminary injunction 20 is denied without prejudice. Plaintiff's counsel shall file an amended motion for preliminary injunction (which includes any response to 31) by 11/10/2022 or earlier, and shall submit an update proposed order consistent with this Court's standing orders. Mailed notice

MOTION by Plaintiff Qi Chen for preliminary injunction (Amended)

ATTORNEY Appearance for Defendant (Def. 8) GuangZhouXiaoYuWangLuoYouXianGongSi by Daniel I. Konieczny

ATTORNEY Appearance for Defendant (Def. 37) QuanzhoushiXingleXingmeidianzishangwuyouxiangongsi by Daniel I. Konieczny

ATTORNEY Appearance for Defendant (Def. 40) qingdaominganranguojimaoyiyouxiangongsi by Daniel I. Konieczny

MINUTE entry before the Honorable John Robert Blakey: Based upon the representations in Plaintiff's motion for preliminary injunction, the Court denies as moot Defendant's motion to dismiss 31. On 11/8/22, this Court denied Plaintiff's preliminary injunction motion, in part, because of jurisdictional concerns raised in the motion to dismiss. Plaintiff now renews its motion for preliminary injunction arguing that, with the motion to dismiss resolved as moot, nothing has changed since the Court entered the TRO, thereby justifying the entry of a preliminary injunction. But something has changed: Plaintiff's representations concerning personal jurisdiction. In its initial motion Plaintiff represented that its investigation established that Defendants are using various storefronts on, at least, the Walmart.com ecommerce platform, to sell products to consumers in the United States and the State of Illinois, including the Northern District of Illinois, and that Defendants sell retail items through these platforms by marketing, advertising and soliciting sales using the Chen Works without permission. 12 at 3. Such alleged conduct provided the ostensible basis for this Court's personal jurisdiction over Defendants, see 17 at 1 ("This Court further finds that it has personal jurisdiction over the defendants since the defendants directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants are reaching out to do business with Illinois residents by operating one or more commercial, interactive internet stores through which Illinois residents can and do purchase products utilizing Plaintiff's photography series 'Chen Works.'"); 30 at 1 (same). In the current motion, Plaintiff fails to specifically address personal jurisdiction, but the related proposed preliminary injunction order (submitted by the Plaintiff per this Court's order) now bases personal jurisdiction on a new representation: "Defendants are reaching out to do business with Illinois residents by advertising, marketing, and displaying on Defendants' commercial, interactive internet stores in violation of Plaintiff's Copyright Registration No. VA2-301-296." But the maintenance of an interactive website, without more, is not enough to confer personal jurisdiction over foreign defendants with no other connection to the forum state. See, e.g., Illinois v. Hemi Grp. LLC, 622 F.3d 754, 760 (7th Cir. 2010) (Maintaining an interactive website accessible in the forum state alone does not establish purposeful availment); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014)("Having an 'interactive website' (which hardly rules out anything in 2014) should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."). The law in this area is clear. For example, in Hemi, the court found more than a website accessible in the forum state, noting the operation of a website that sold to customers in every state (except New York), and the existence of personal jurisdiction over a defendant who actually sold 300 packs of cigarettes to Illinois customers via that website. 622 F.3d at 755-58. The 7th Circuit has also found personal jurisdiction where a defendant seller offers the forum state as a "ship to" option. Curry v. Revolution Laboratories, LLC, 949 F.3d 385, 399 (7th Cir. 2020) (Given the ship to function, the court found personal jurisdiction because "the defendant reasonably could foresee that its product would be sold in the forum."). Likewise, in NBA Properties, Inc. v. HANWJH, 46 F.4th 614, 622, 624 (7th Cir. 2022), the court held that jurisdiction was proper because the defendant had "established an online store, using a third-party retailer, Amazon.com. Through this online store, it unequivocally asserted a willingness to ship goods to Illinois and established the capacity to do so. When an order was placed, it filled the order, intentionally shipping an infringing product to the customer's designated Illinois address." See also Richardson v. Kharbouch, No. 19 C 02321, 2020 WL 1445629, at *4 (N.D. Ill. Mar. 25, 2020) ("It is true that the Seventh Circuit has cautioned courts to 'be careful in resolving questions about personal jurisdiction involving online contacts to ensure that a defendant is not haled into court simply because the defendant owns or operates an interactive website. accessible in the forum state.'. Richardson does not suggest only that Kharbouch operated an interactive website accessible in Illinois; rather, he offers some evidence that Kharbouch used an interactive website to sell Illinois consumers a song that violates federal copyright law. If true, then these facts would show that the Defendants' 'offending activities significantly related to the forum state,' thus allowing the exercise of specific jurisdiction.")(citing Matlin v. Spin Master Corp., 921 F.3d 701, 706 (7th Cir. 2019)); uBID, Inc. v. GoDaddy Group, Inc., 623 F.3d 421, 424, 428 (7th Cir. 2010) (reversing a dismissal for want of personal jurisdiction where defendant directed an advertising campaign at the entire nation, including at the forum state, and generated significant revenue from forum customers). Given the current record, it appears Plaintiff seeks to hale Defendants into the Northern District of Illinois based upon nothing more than the maintenance of websites accessible in Illinois, but this remains insufficient to justify the injunctive relief Plaintiff seeks. Therefore, this Court denies Plaintiff's motion 33. If Plaintiff can offer additional facts to support the exercise of personal jurisdiction and the maintenance of this suit here, it may seek reconsideration of today's ruling. Mailed notice

MOTION by Defendants (Def. 37) QuanzhoushiXingleXingmeidianzishangwuyouxiangongsi, (Def. 40) qingdaominganranguojimaoyiyouxiangongsi, (Def. 8) GuangZhouXiaoYuWangLuoYouXianGongSi to set a briefing schedule

MOTION by Defendants (Def. 37) QuanzhoushiXingleXingmeidianzishangwuyouxiangongsi, (Def. 40) qingdaominganranguojimaoyiyouxiangongsi, (Def. 8) GuangZhouXiaoYuWangLuoYouXianGongSi, (Defendant 21) Picniva Inc. for extension of time to file answer regarding amended complaint 5 Unopposed Motion to Set Deadline to Answer or Otherwise Plead

MINUTE entry before the Honorable John Robert Blakey: On 11/10/22, this Court denied Plaintiff's motion for preliminary injunction based upon concerns about personal jurisdiction. See 37. At that time, the Court advised Plaintiff that if it could offer additional facts to support the exercise of personal jurisdiction and the maintenance of this lawsuit here, it could seek reconsideration. To date, Plaintiff has taken no action in response to the Court's order. If Plaintiff fails to respond by 12/6/22, the Court will assume that Plaintiff cannot support the exercise of personal jurisdiction and dismiss the case. The Court denies without prejudice Defendants' motions to set a briefing schedule 38 and motion to extend time 39. Unless and until Plaintiff makes some showing that personal jurisdiction exists here, the Court will not require Defendants to appear and defend. Mailed notice

MOTION by Plaintiff Qi Chen for leave to file Second Amended Complaint

Exhibit Proposed Second Amended Complaint

(Supplement Unreported Cases)

MOTION by Plaintiff Qi Chen to vacate order requiring submission of motion for preliminary injunction, or in the alternative, for extension of time and incorporated memorandum of law

NOTICE of Motion by Lydia Pittaway for presentment of motion for leave to file 41, motion to vacate 42 before Honorable John Robert Blakey on 12/20/2022 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to file an amended complaint [41], which appears to allege personal jurisdiction based upon sales in Illinois and not just the maintenance of an interactive website in the state. Plaintiff shall file the amended complaint as a separate docket entry. The Court denies as moot Plaintiff's motion to vacate [42]; having responded to the Court's order with its motion for leave to amend [41], Plaintiff complied with the Court's prior order and the motion is unnecessary. The 12/20/22 Notice of Motion date is stricken. Mailed notice

SECOND AMENDED complaint by Qi Chen against The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A

(Exhibit Registration)

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 Executive Committee on 12/29/2022: Mailed notice.

CERTIFICATE of Service by Plaintiff Qi Chen

MOTION by Defendants XingJian LLC, Typk LLC, KWDZ to approve consent judgment

Text of Proposed Order

Exhibit Two: Statement of Consent and Proposed Order (Def. No. 32 XingJian LLC)

Exhibit Three: Statement of Consent and Proposed Order (Def. No. 30, Typk LLC)

(Exhibit Four: Statement of Consent and Proposed Order (Def. No. 15, KWDZ))

NOTICE of Motion by Lydia Pittaway for presentment of motion to approve consent judgment, 48 before Honorable John Robert Blakey on 3/15/2023 at 11:00 AM.

ATTORNEY Appearance for Plaintiff Qi Chen by Michael Thomas Stanley

MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion and to accommodate the Court's trial schedule, the 3/15/23 hearing shall proceed at 1:00 p.m. and not at 11:00 a.m. Note time change only. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 3/15/2023. No defendants appeared or contacted Chambers regarding any scheduling conflicts. Plaintiff's motion for entry of consent judgment 48 is taken under advisement subject to the submission of the amended revised consent judgment order. Any motion for default shall be noticed for 3/29/2023 at 11:00 a.m. in Courtroom 1203. Mailed notice

MOTION by Plaintiff Qi Chen for leave to file PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED SCHEDULE A

(Exhibit One: Proposed Amended Schedule A)

MINUTE entry before the Honorable John Robert Blakey: The Court strikes the 3/29/23 motion hearing date, as Plaintiff has not filed any motion for default judgment. Mailed notice

NOTICE of Motion by Michael Thomas Stanley for presentment of motion for leave to file 53 before Honorable John Robert Blakey on 4/5/2023 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion for leave to amend 53 and directs Plaintiff to file its amended complaint, along with its amended Schedule A, by 4/5/23. The 4/5/23 Notice of Motion date is stricken. Mailed notice

AMENDED Schedule A

NOTICE of Motion by Michael Thomas Stanley for presentment of motion to approve consent judgment, 48 before Honorable John Robert Blakey on 5/17/2023 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court denies without prejudice Plaintiff's motion for entry of consent judgment 48. After filing this motion, Plaintiff sought leave to amend its complaint and to file an amended Schedule A, see 53, which identifies the Defendants using numbers different than those described in the prior motion 48. Before this Court can enter the requested judgments, Plaintiff must conform the motion and proposed orders to the current pleadings; Plaintiff shall also file the amended complaint (with the amended Schedule A attached), as previously ordered to eliminate any disconnect between the pleadings and the judgment orders. The 5/17/23 Notice of Motion date is stricken. Mailed notice

MOTION by Plaintiff Qi Chen to approve consent judgment

NOTICE of Motion by Michael Thomas Stanley for presentment of motion to approve consent judgment, [60] before Honorable John Robert Blakey on 5/24/2023 at 11:00 AM.

SECOND AMENDED complaint by Qi Chen against KWDZ, Typk LLC, XingJian LLC

Exhibit One: Registration

(Exhibit Amended Schedule A)

CONSENT JUDGMENT AND PERMANENT INJUNCTION Signed by the Honorable John Robert Blakey on 5/19/2023. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's agreed motion for entry of a consent judgment as to Defendants KWDZ (No. 1); Typk LLC (No. 2); and XingJian LLC (No. 3) and strikes the 5/24/23 Notice of Motion date. Enter Consent Judgment. All matters in dispute having been resolved, this case is closed. Civil case terminated. Mailed notice

MAILED copyright report with certified copy of minute order dated 05/22/23 to Register of Copyrights, Washington, D.C.

(Certified Minute Order)