2023-cv-02718

COMPLAINT filed by Merch Traffic, LLC; Filing fee $ 402, receipt number AILNDC-20591934.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Schedule A regarding complaint 1

MOTION by Plaintiff Merch Traffic, LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Merch Traffic, LLC

Notice of Claims Involving Trademarks by Merch Traffic, LLC

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Berel Yonathan Lakovitsky

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Jeffrey Cummings. 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 Merch Traffic, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Merch Traffic, LLC 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 Emily Holt regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Exhibit 2 - Parts 1 - 6 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

(Exhibit 2-6)

MOTION by Plaintiff Merch Traffic, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Merch Traffic, LLC in support of motion for miscellaneous relief 18

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

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 18, motion for temporary restraining order 13, motion for leave to file 3 before Honorable Sara L. Ellis on 5/9/2023 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: M The Court grants Plaintiff's motions for leave to file under seal [3], for electronic service of process [18], and for entry of a temporary restraining order [13]. The Court sets a status date for 5/23/2023 at 9:30 a.m. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

MOTION by Plaintiff Merch Traffic, LLC for Entry of Sealed Order

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 23 before Honorable Sara L. Ellis on 5/17/2023 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for entry of sealed order 23. The Court enters the TRO and finds that it expires on 5/29/2023. The Court strikes the status date set for 5/23/2023 and resets it to 5/30/2023 at 9:30 a.m. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeffrey Cummings on 5/15/2023. Mailed notice.

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

SURETY BOND in the amount of $ 10,000 posted by Merch Traffic, LLC. (Document not imaged)

MOTION by Plaintiff Merch Traffic, LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Merch Traffic, LLC in support of extension of time[28]

Declaration of Kahlia R. Halpern

NOTICE of Motion by Kahlia Roe Halpern for presentment of extension of time[28] before Honorable Sara L. Ellis on 5/30/2023 at 09:30 AM.

MINUTE entry before the Honorable Sara L. Ellis: M The Court grants Plaintiff's motion for extension of the temporary restraining order 28. The Court extends the TRO through 6/12/2023. The Court strikes the status date set for 5/30/2023 and resets it to 7/27/2023 at 1:30 p.m. Plaintiff should file and notice for presentment any motion for default judgment to the next status date. The Court will not be sitting when the TRO expires and directs Plaintiff to file any motion for preliminary injunction before the Emergency Judge. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable LaShonda A Hunt to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Sara L. Ellis no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023.

MOTION by Plaintiff Merch Traffic, LLC for preliminary injunction

Exhibit A

MEMORANDUM by Merch Traffic, LLC in support of motion for preliminary injunction[33]

Declaration of Kahlia R. Halpern

Exhibit 1

SUMMONS Returned Executed by Merch Traffic, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/6/2023, answer due 6/27/2023.

Declaration of Berel Y. Lakovitsky

Exhibit A

MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Plaintiff's motion for preliminary injunction 33 filed on 6/6/2023, telephonic motion hearing is set for 6/12/2023 at 10:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Emailed notice.

MINUTE entry before the Honorable LaShonda A. Hunt: Motion hearing held telephonically. Defendants did not appear. Plaintiff's motion for entry of a preliminary injunction [33] is granted. Plaintiff's filings and statements at the hearing establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as relied upon by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, including this hearing, but no objection to the motion for entry of a preliminary injunction has been filed on behalf of any defendant. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Signed order to follow. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 6/12/2023. Emailed notice.

NEW PARTIES: 260 High End Case Store, 7TH ONLINE Store, A Warm Blanket Shop Store, Bao Keai Store, Blanket Throwing Store, Daily Blanket Store, Fine Blanket No 1 Store, Fuyan Art Prints Store, GZTC Dropshipping Store, JIBZ Decoration Shop Store, LINGDANGS Store, Mr-Liau Store, Nuan Nuan Blanket Store, rongji jewelry factory Store, shinehope Official Store, Shop1102064053 Store, Shop1102487420 Store, shop3216412146 Store, Shop5798067 Store, Shop911222163 Store, XHL anime fan Store, XinQi Jewelry Factory Store, YANG 05 Store, A10XBKFZ869W7C, A2ZPGWSKSY0YMT, A3F2K6ED4JHXS, AABBjiajuzhuanmai, ai shi xiao, Aiutee, anqingmiaogushangmaoyouxiangongsi, ASB01CQ2NB5ZH, avown3, BMhianZWuYXianGongSi, Car Badge Shop US, chengduhuaidongtongdianzishangwuyouxiangongsi, chenyided, chiyuquanyufacai, CHUIXUi, CLYQYLC, CUNGLIN, Design Custom, dinganyiqiuxiaoshangmaoyouxiangongsi, ehpliangwen, Empty Tea Wall Art, FCHMY-US, fengge flag, FENNI Direct, FuGaoYao, Fvrkiafa Direct, Gailpisi, gaofengxie, Gormcore, guanxiangmeiguoshangmao, haohaotaidian, Harry's TinStore, heweikangksfdr, HS FAN GO GET, jinjinagshiqingyangjiedaozhangzhengyubaihuoling, JOUCY, kkshangmaohangyouxian, MaYongHengFDLKJGDK, moguiling, ningyangxianhuitengfushifuzhuangdian, oudinxiaoyunyanriyonpindian, pengtianqing, PinWangShangMao, PORTO-US, Qi Xiaoyue Handmade Workshop, qinglangshangdian, qufuhaojiecanyinzhongxin, QuSanJianSiNing, SDINM VISION, shangqiuyuanoushangmaoyouxiangongsi, TJIUSI, tree-bai312, USHAIWEI, uUIJRI9656D, Walsung Solutions, wangd-us, Wqxd, XB-dfhfl, xczdawdqgsacxzs, xiangdong1, XiBaaBaa, yangsendemeiguodian, YinghuaLiu, YINGSHOPPING, Yiwu Shi Liangtu Maoyi Youxiangongsi, yong ji yun yi shui guo dian, yunxiaoxianjifengbaihuodian, zhengzuping, Ai801, backpacks68, catherine010, channe, daye08, himalayastore, hippel_clothing688, jcuz, magarete, puddingstation, stylishyslbags, us_hawaii, digtalshack, Ealeh, Putian Suzhong Trade Co., Ltd., tai yuan ji ha mu, Accessories Museum, Caiyunfen, chenww741, Cynthiayyy, liujunqi fashion, liziwei43929, Louvnajs, LUOZHIWU2019, Mansgeren anmoyi, shiweiwei521, We returned at dusk, Whitney Home Textiles, wuqiong4257, xiaoqidedian, xuchaolong, yuxiwxren, ZHANGJUNDD, zjnu and ZYZZZU added to case caption.

NOTICE of Voluntary Dismissal by Merch Traffic, LLC as to certain defendants

NOTICE of Voluntary Dismissal by Merch Traffic, LLC as to certain defendants

NOTICE of Voluntary Dismissal by Merch Traffic, LLC as to certain defendant

NOTICE of Voluntary Dismissal by Merch Traffic, LLC as to Certain Defendants

MOTION by Plaintiff Merch Traffic, LLC for entry of default, MOTION by Plaintiff Merch Traffic, LLC for default judgment as to all Defendants with the Exception of a Certain Defendant

Exhibit A

MEMORANDUM by Merch Traffic, LLC in support of motion for entry of default, motion for default judgment, [43]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[44]

Exhibit 1

MOTION by Plaintiff Merch Traffic, LLC to approve consent judgment as to Defendant No. 106

Exhibit A

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Agreed Motion to Approve Consent Judgment as to Defendant Number 106 46 is granted. Emailed notice.

CONSENT JUDGMENT Signed by the Honorable LaShonda A. Hunt on 7/11/2023. Emailed notice

NOTICE of Voluntary Dismissal by Merch Traffic, LLC as to certain defendant

MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion 43 for entry of default and default judgment against the remaining defendants, all of whom have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 7/28/23. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Emailed notice.

CERTIFICATE of Service by Plaintiff Merch Traffic, LLC per 50

(Exhibit A)

FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on August 14, 2023. Civil case terminated. Emailed notice.

MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 43 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $20,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Emailed notice. Modified on 8/14/2023.

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, order dismissing case 52 in the amount of $20,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, order dismissing case 52 in the amount of $20,000 as to certain defendant

NOTICE of Removal Material from the custody of the Clerk's Office by Justin R. Gaudio Greer Burns & Crain Ltd. regarding surety bond 27. (Received at the Intake Counter on 3/29/2024)