2022-cv-06941

COMPLAINT filed by Sneaker Match LLC; jury demand. Filing fee $ 402, receipt number AILNDC-20127769.

DOCUMENT by Plaintiff Sneaker Match LLC Schedule A Modified on 2/16/2023.

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sneaker Match LLC

MOTION by Plaintiff Sneaker Match LLC to seal

DOCUMENT by Plaintiff Sneaker Match LLC First Amended Schedule A Modified on 2/16/2023.

ATTORNEY Appearance for Plaintiff Sneaker Match LLC by Eric Charles Turnbull

CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Susan E. Cox. 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.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Sneaker Match LLC for temporary restraining order

MEMORANDUM by Sneaker Match LLC in support of motion for temporary restraining order 10

DECLARATION of ALEJANDRO RODRIGUEZ regarding memorandum in support of motion 11

Exhibit Compiled TM Registrations

(Exhibit Compiled Copyright Registrations)

DOCUMENT by Plaintiff Sneaker Match LLC Exhibit 3 to Rodriguez Declaration Modified on 2/16/2023.

MOTION by Plaintiff Sneaker Match LLC Electronic Service

MEMORANDUM by Sneaker Match LLC in support of motion for miscellaneous relief 14

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.

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's ex parte motion to seal 5, ex parte motion for a temporary restraining order 10, and motion for electronic service 14. Provided that Plaintiff provides the security described in paragraph 11 of the temporary restraining order, the temporary restraining order shall become effective on January 9, 2023 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Emailed notice

TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 1/4/2023. Emailed notice (axc). Modified on 2/16/2023.

MOTION by Plaintiff Sneaker Match LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Sneaker Match LLC in support of extension of time 19

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 19. The Temporary Restraining Order 18 shall now expire on 2/6/2023 at 6:00 p.m. Emailed notice

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

SUMMONS Returned Executed by Sneaker Match LLC as to sneakershirtspty.com on 2/6/2023, answer due 2/27/2023; mysportt.com on 2/6/2023, answer due 2/27/2023; gruntbasic.com on 2/6/2023, answer due 2/27/2023; bearmatchtees.com on 2/6/2023, answer due 2/27/2023; yamanapparel.live on 2/6/2023, answer due 2/27/2023; droptees.co on 2/6/2023, answer due 2/27/2023; sneakerhoodies.com on 2/6/2023, answer due 2/27/2023; teeapricot.com on 2/6/2023, answer due 2/27/2023; sneakersshirt.com on 2/6/2023, answer due 2/27/2023; goodygoodstores.com on 2/6/2023, answer due 2/27/2023; statelinerc.com on 2/6/2023, answer due 2/27/2023; puppyprinty.com on 2/6/2023, answer due 2/27/2023; jwsplumbinginc.com on 2/6/2023, answer due 2/27/2023; jonpliske.com on 2/6/2023, answer due 2/27/2023; portot.com on 2/6/2023, answer due 2/27/2023; killingfloorrecords.com on 2/6/2023, answer due 2/27/2023; mac-tran-tung on 2/6/2023, answer due 2/27/2023; shirtinblue.com on 2/6/2023, answer due 2/27/2023; ebay.com/str/wadekistore on 2/6/2023, answer due 2/27/2023; ebay.com/str/adfcstore on 2/6/2023, answer due 2/27/2023; ebay.com/str/kimbru179 on 2/6/2023, answer due 2/27/2023.

(Exhibit Declaration of Service)

MOTION by Plaintiff Sneaker Match LLC for preliminary injunction

MEMORANDUM by Sneaker Match LLC in support of motion for preliminary injunction 23

MOTION by Plaintiff Sneaker Match LLC for extension of time of Temporary Restraining Order as to Defendants 19 and 20 only

MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's motion for preliminary injunction 23 and motion for extension of time of temporary restraining order as to Defendants 19 and 20 only 25. The Court has reviewed the docket in this case and confirmed with the Clerk of the Court's office that bond has not been posted in this matter to date. Plaintiff is directed to provide the ten thousand dollar ($10,000) surety bond to the Clerk's office as soon as possible. The Court enters and continues the motions for decision until the surety bond has been received. Emailed notice

RESPONSE by Plaintiff Sneaker Match LLC to order on motion for preliminary injunction, order on motion for extension of time, text entry, 26

Exhibit Surety Bond

(Exhibit Confirmation of Delivery)

SURETY BOND in the amount of $ $10,000.00 posted by Sneaker Match LLC

MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's motion to extend the temporary restraining order as to Defendants 19 and 20 only 25. The temporary restraining order 18 has already been extended by a period of 14 days 21. Plaintiff has not argued that Defendants 19 or 20 have consented to this extension. The Court declines to extend the temporary restraining order beyond the 28-day period, and denies the motion with prejudice. H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012) ("In our view, the language of Rule 65(b)(2) and the great weight of authority support the view that 28 days is the outer limit for a TRO without the consent of the enjoined party, regardless of whether the TRO was issued with or without notice.") Emailed notice

MINUTE entry before the Honorable Franklin U. Valderrama. On the grounds set forth in the motion, and based on the information and exhibits included in Plaintiff's filing confirming that a bond has been posted 27 28, Plaintiff's motion for an entry of a preliminary injunction 23 is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint and First Amended Schedule A to the Complaint 2 6, (2) Exhibit 3 to the Declaration of Alejandro Rodriguez 13, and (3) the Temporary Restraining Order 18. Revision Legal, Pllc is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instruction can be found in the attachment to this entry. Emailed notice.

(Add and Terminate Party) (axc)

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 2/14/2023. Emailed notice

SUMMONS Returned Executed by Sneaker Match LLC as to Amazon Brand: Bordeaux 1s Match Sneaker Maroon Crying Heart on 2/15/2023, answer due 3/8/2023; Amazon Brand: Lightning 4s Match Tees Heartbreak Bear on 2/15/2023, answer due 3/8/2023.

(Exhibit Declaration of Service)

MOTION by Plaintiff Sneaker Match LLC for preliminary injunction as to Defendants 19 and 20

MEMORANDUM by Sneaker Match LLC in support of motion for preliminary injunction 33 as to Defendants 19 and 20

MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, 33, Plaintiff's motion for an entry of a preliminary injunction as to Defendants 19 and 20 is granted. Enter Preliminary Injunction Order. Pursuant to the prior minute entry granting preliminary injunction as to the remaining Defendants, the following documents have already been unsealed: (1) Schedule A to the Complaint and First Amended Schedule A to the Complaint 2 6, (2) Exhibit 3 to the Declaration of Alejandro Rodriguez 13, and (3) the Temporary Restraining Order 18. Revision Legal, Pllc is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instruction can be found in the attachment to this entry. Mailed notice.

PRELIMINARY INJUNCTION Signed by the Honorable Franklin U. Valderrama on 2/16/2023. Mailed notice.

MOTION by Plaintiff Sneaker Match LLC for default judgment as to the Defaulting Defendants

MEMORANDUM by Sneaker Match LLC in support of motion for default judgment 37

Exhibit Ex 1 - Damages Allocation

(Exhibit Ex 2 - Misterovich Declaration)

ATTORNEY Appearance for Defendants gruntbasic.com, puppyprinty.com by Adam Edward Urbanczyk

ATTORNEY Appearance for Defendant droptees.co by Misty J. Cygan

MOTION by Defendant droptees.co for extension of time to Answer or Otherwise Plead to Plaintiff's Complaint

ATTORNEY Appearance for Defendant droptees.co by George S. Bellas

MOTION by Defendants gruntbasic.com, puppyprinty.com for extension of time UNOPPOSED

RESPONSE by Sneaker Match LLC to MOTION by Defendant droptees.co for extension of time to Answer or Otherwise Plead to Plaintiff's Complaint[41]

MINUTE Entry before the Honorable Franklin U. Valderrama: The Court denies Defendant droptees.co motion to vacate any technical defaults and for extension of time to answer or otherwise plead to plaintiff's complaint [41] without prejudice because Defendant's counsel has failed to indicate in the title and the body of the motion whether the motion is opposed or unopposed. Pursuant to the Court's Standing Order, "[b]efore filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion. Whether the motion is opposed or unopposed should be so identified in the title and body of the motion." Defendant may file another motion for leave to file an amended complaint by 03/23/2023, and in that motion Defendant's counsel must indicate in the title and the body of the motion whether the motion is opposed or unopposed. Emailed notice

MINUTE Entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion [43], the Court grants Defendants Puppyprinty.com and Gruntbasic.com's unopposed motion for extension of time to respond to the complaint. The deadline for Defendants Puppyprinty.com and Gruntbasic.com to file their answer or other responsive pleading is extended to 04/04/2023. Emailed notice

MOTION by Defendant droptees.co for extension of time to Answer or Otherwise Plead to Plaintiff's Complaint

MOTION by Defendant droptees.co for extension of time Defendant's Uncontested Motion to Vacate Any Technical Defaults and for Extension of Time to Answer or Otherwise Plead to Plaintiff's Complaint

MINUTE Entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion [48], the Court grants in part and denies in part Defendants droptees.co's uncontested motion to vacate any technical defaults and for extension of time to answer or otherwise plead to Plaintiff's complaint. The deadline for Defendant droptees.co to file its answer or other responsive pleading is extended to 04/14/2023. The Court denies Defendant droptees.co's motion to the extent it requests the Court vacate any technical defaults without prejudice, as the motion does not include any argument on this point, and it appears in the title of the motion only. The Court terminates Defendant droptees.co's previously filed motion for extension [47] as moot. Emailed notice

NOTICE of Voluntary Dismissal by Sneaker Match LLC as to Defendant No. 6 (Droptees.co)

MOTION by Defendants gruntbasic.com, puppyprinty.com for extension of time UNOPPOSED

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants puppyprinty.com and gruntbasic.com's unopposed motion for extension of time [51] is granted. Defendants puppyprinty.com and gruntbasic.com's response to the complaint is due on or before 04/11/2023. Emailed notice

MOTION by Defendants gruntbasic.com, puppyprinty.com for extension of time Unopposed, in part

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants puppyprinty.com and gruntbasic.com's unopposed motion for extension of time [53] is granted. Defendants puppyprinty.com and gruntbasic.com's response to the complaint is due on or before 04/18/2023. Emailed notice

MOTION by Defendants gruntbasic.com, puppyprinty.com for extension of time UNOPPOSED

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants puppyprinty.com and gruntbasic.com's unopposed motion for extension of time 55 is granted. Defendants puppyprinty.com and gruntbasic.com's response to the complaint is due on or before 05/02/2023. Emailed notice

MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's Motion for Entry of Default and Default Judgment 37 is granted as modified. Statutory damages are awarded in the amount of $200,000 per each designated Defaulting Defendant for trademark infringement, and $50,000 per each designated Defaulting Defendant for copyright infringement. The rationale for the amount is discussed in Paragraph 5 of the Judgment Order. Enter Default Judgment Order. The ten thousand dollar ($10,000.00) surety bond posted by Plaintiff, including any interest minus the registry fee, is hereby released to Eric Misterovich of Revision Legal, PLLC. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Eric Misterovich, Revision Legal, PLLC, 8051 Moorsbridge Road, Portage, MI 49024 via certified mail. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Franklin U. Valderrama on 5/11/2023. Mailed notice

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Sneaker Match LLC to Eric Misterovich, Revision Legal, PLLC, 8051 Moorsbridge Road, Portage, MI 49024 via certified mail #7008 1830 0000 4138 9028.

MAILED trademark report with certified copies of orders dated 5/11/23 (doc. #'s 58, 59) to Patent Trademark Office, Alexandria VA.

RETURN of U.S. Post Office Receipt, article no. 7008 1830 0000 4138 9028.