2022-cv-07053

COMPLAINT filed by Dyson Technology Limited; Filing fee $ 402, receipt number AILNDC-20141707.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Schedule A regarding complaint[1]

MOTION by Plaintiff Dyson Technology Limited for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dyson Technology Limited

Notice of Claims Involving Trademarks by Dyson Technology Limited

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R Harjani. 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 Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order[13]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Giles Samuel Lane regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

Exhibit 3

SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 4 - Parts 1-4 regarding declaration[16]

MOTION by Plaintiff Dyson Technology Limitedfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief[18]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions (3, 13, 18), the supporting memoranda (14, 19), and the temporary restraining order, plaintiff's motions for leave to file under seal 3 ] for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 18, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 13 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/21/2022:

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

SURETY BOND in the amount of $10,000.00 posted by Dyson Technology Limited (Document not scanned)

MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order

MEMORANDUM by Dyson Technology Limited in support of extension of time 24

(Declaration of Jake M. Christensen)

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.

MOTION by Plaintiff Dyson Technology Limited for preliminary injunction as to certain Defendants

Exhibit A

MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction[27]

Declaration of Jake M. Christensen

Exhibit 1

SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/12/2023, answer due 2/2/2023.

Declaration of Andrew D. Burnham

Exhibit A

MINUTE entry before the Honorable Martha M. Pacold: For the reasons in the attached order, Plaintiff's ex parte motion to extend the TRO 24 is granted. The court's TRO 22 entered on 12/21/2022 is extended until 1/18/2023. Enter order extending TRO.

EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/13/2023:

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 27 under advisement and will consider the motion unopposed if no defendant appears and objects by 1/23/2023. Plaintiff shall serve defendants with this notice.

SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/23/2023, answer due 2/13/2023.

Declaration of Andrew D. Burnham

Exhibit A

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 32. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction 27 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 1/24/2023:

ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 1/24/2023. Mailed notice

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MOTION by Plaintiff Dyson Technology Limitedfor Leave to Amend Schedule A to the Complaint instanter

AMENDED exhibit[2] Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 37 is granted. Plaintiff has already filed the amended Schedule A on the docket 38.

MOTION by Plaintiff Dyson Technology Limited for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

MOTION by Plaintiff Dyson Technology Limited for entry of default, MOTION by Plaintiff Dyson Technology Limited for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Dyson Technology Limited in support of motion for entry of default, motion for default judgment[42]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[43]

Exhibit 1

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 40 is granted. Plaintiff has already filed the amended Schedule A on the docket 41.

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 42 must enter an appearance and file a written objection by 2/23/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

ATTORNEY Appearance for Defendant wanghongfeiamz by Adam Edward Urbanczyk

MOTION by Defendant wanghongfeiamz for extension of time

MINUTE entry before the Honorable Martha M. Pacold: Defendant wanghongfeiamz's motion for extension of time [48] is granted. Defendant wanghongfeiamz shall file an answer by 3/14/2023.

MOTION by Plaintiff Dyson Technology Limitedfor Leave to Amend Schedule A to the Complaint as to certain defendants

AMENDED exhibit[2] Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter [50] is granted. The amended Schedule A has already been filed separately on the docket [51]. Defendants No. 29 wanghongfeiamz and No. 30 wanghongfeiamz (2) terminated.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [42]. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Greer, Burns & Crain, Ltd., 300 South Wacker Drive, 25th Floor, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 3/10/2023. Mailed notice

DEFAULT JUDGMENT Order signed by the Honorable Martha M. Pacold on 3/10/2023. Mailed notice

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Justin R. Gaudio Greer Burns & Crain Ltd 300 South Wacker Drive Suite 2500 Chicago, IL 60606 via certified mail #70149 2280 0000 0962 5599.

MAILED trademark report to Patent Trademark Office, Alexandria VA

RETURN of U.S. Post Office receipt, article no. 70149 2280 0000 0962 5599.

FULL SATISFACTION of Judgment regarding order[54] in the amount of $500,000 as to certain defendants