2023-cv-03188

COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number AILNDC-20659102.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray

MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Emoji Company GmbH

CASE ASSIGNED to the Honorable Robert W. Gettleman. 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.

MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Emoji Company GmbH for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, 10

Declaration Santiago Declaration

Exhibit 1

Declaration Reiter Declaration

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration

Notice of Claims Involving Trademarks by Emoji Company GmbH

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's Motion for Leave to File Under Seal 6, Motion to Exceed Page Limitation 9, and Ex Parte Motion For Entry Of A Temporary Restraining Order, Including A Temporary Injunction, A Temporary Asset Restraint, Expedited Discovery, And Service Of Process By E-Mail And Electronic Publication 10 are granted. Enter sealed order. Telephonic hearing set for 6/1/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the 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

SEALED TEMPORARY Restraining Order signed by the Honorable Robert W. Gettleman on 5/22/2023. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

SURETY BOND in the amount of $ 10,000.00 posted by Emoji Company GmbH (Document not scanned).

MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's ex parte motion to extend the Temporary Restraining Order to and including 6/19/2023 24 is granted. Telephonic hearing set for 6/1/2023 is stricken and reset to 6/15/2023 at 9:10 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the 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

MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction[26]

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[26]

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 6/15/2023. For the reasons stated on the record, Plaintiff's motion for entry of a Preliminary Injunction 26 is granted. Enter order. The law firm of Hughes Socol Piers Resnick & Dym, Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. The Clerk is directed to unseal Plaintiff's Schedule A to the Complaint 7 and the Temporary Restraining Order 20. Telephonic hearing set for 8/17/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the 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

PRELIMINARY INJUNCTION ORDER signed by the Honorable Robert W. Gettleman on 6/15/2023. Mailed notice

NEW PARTIES: AlbertPearce, AmandaStone, BarbaraPapkey, BarryGreen8, butikuti, CodyGlover, DanielDreveskracht, GraceMccann, HeatherSmith, JacobJohnMartinez, JamesClifton, JeremyMiller, JerodLynch, JimmySanford, JocelynAlbee, JodyArias, JulieKnapp, KimDavis, KimmiBarker, LeahThompson, MikeCCady, MollieWeisberger, PatriciaPounders, RalphThomas, RebeccaHubbard, RichardDingwall, RichardLandenberg, RobertSandavalArbolida, RobertWells, sepatukembang, TinaClark, HuyHoangstoreCP, Manhdung.Store, ashalmu-54, homemaker_store, obletter-trade, shrijico0, Guangzhou Liujun Trading Company, Jinanruidaohuliangwangyouxiangongsi, Maanshandechudianzishangwuyouxiangongsi, Shandongshengwanjiaxinxikejiyouxiangongsi, Shenzhen Aizuo Technology Innovation, Shenzhen Jienuoyi Trading, Wuhanqingzhiyunjiafangyouxiangongsi, Anam, AniyahGordon, Artcasess, asatya, baztartartwork and BethJustina added to case caption.

SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/14/2023, answer due 7/5/2023.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 126

NEW PARTIES: AlbertPearce, AmandaStone, BarbaraPapkey, BarryGreen8, butikuti, CodyGlover, DanielDreveskracht, GraceMccann, HeatherSmith, JacobJohnMartinez, JamesClifton, JeremyMiller, JerodLynch, JimmySanford, JocelynAlbee, JodyArias, JulieKnapp, KimDavis, KimmiBarker, LeahThompson, MikeCCady, MollieWeisberger, PatriciaPounders, RalphThomas, RebeccaHubbard, RichardDingwall, RichardLandenberg, RobertSandavalArbolida, RobertWells, sepatukembang, TinaClark, HuyHoangstoreCP, Manhdung.Store, ashalmu-54, homemaker_store, obletter-trade, shrijico0, Guangzhou Liujun Trading Company, Jinanruidaohuliangwangyouxiangongsi, Maanshandechudianzishangwuyouxiangongsi, Shandongshengwanjiaxinxikejiyouxiangongsi, Shenzhen Aizuo Technology Innovation, Shenzhen Jienuoyi Trading, Wuhanqingzhiyunjiafangyouxiangongsi, Anam, AniyahGordon, Artcasess, asatya, baztartartwork and BethJustina added to case caption.

NEW PARTIES: bodiantem, BrandyDiggs, BruceMarsalis, bummersausage, cafaroolandh, CharlotteShasta, Conyers Yoder, DavidPalenko, designisfun, Disanderra, DongSondles, edalatlutharl, ErickaGardner, EStore, HATTA1976, hocuttjlyeattsh, JacqulinMarinBingham, JeanScott, JordynFletcher, JosephEWest, JOSHUAMBROOKS, kaosmotip, kaptensudawirat, KaylynnCheater, KellyMacDonld, KevinPowell, kitbitart, LarryMcclish, LonnieGabbard, Makjelaz, MatthewKelly, mejapaku, MichaelSmith, nemlikurduapuluhenam, NICKGARASCIA, NitaForty, OlgaVirginia, opobener, prettiugli, RedLine77, RickAmburgy, RobertWegner, RobinNeels, RobMccrary, sherriandersona, SHOPDOIA0, smittynbhaagy, SONJAMCMILLAN, STACYFTORRES and StevenDavidAnderson added to case caption.

NEW PARTIES: tahoeboelat, TerryToler, ThomasBatt, ThomasGoss, Tiyar Needs, TonjiAllen, ToriLarsen, twistedchromes, WaingArt, walleyelimaa, YaelSutton, yanevbikiz, Yunita33, AIZHIYI, Alizay DiY, AMPHEOUS, ATDMEI STORE, bagchic, BDMP, Bevan, Chaoying Shop, Chow Sang Sang, daaodi, Donna68, Dreamlizer-Direct, DYMSUP, Extramon, fanbaopp, GIBA store, Guangdong FUNGENE Technology Co., Ltd, guangzhongzhongfushangmaoyouxiangongsi, guozoubaihuo, hezaomaoyi, homerug, hongyunwu, jiangpeitong, JIAZHIYANG, jjzuo, Juan Juan Art Store, jusaichao123, kunmingquesuishangmaoyouxiangongsi, Laghima jadon, LUONGNV, mengchengxianhuitongshangmaoyouxiangongsi, New Trade, nxipinglvlintaoshangmaoyouxiango, Purpledip, ShanXiShengXinRunShangMaoYouXianGongSi, somepleasure, THANH THANH EMTM SHOP, TUVAN LUONGSH, wantapeach, Xiayans, xibeiipianbei, yidiz, yunnanfushuaidianzishangwuyouxiangongsi, yunnanwenshenjiedianzishangwuyouxiangongsi and zhanfeikeji added to case caption.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 132, 136

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 134, 155

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 38, 43

ATTORNEY Appearance for Defendant Chow Sang Sang by Michael R. La Porte (La Porte, Michael)

MOTION by Defendant Chow Sang Sang for leave to file an answer or otherwise plead. (La Porte, Michael)

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 122

MINUTE entry before the Honorable Robert W. Gettleman: Defendant Chow Sang Sang, Jewellry Company Limited, identified in "Schedule A" as "Chow Sang Sang" Motion For Leave To File Answer And Affirmative DefensesOr To Otherwise Plead by 8/2/2023 37 is granted. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 40, 116

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 117

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 120, 147

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 114, 149

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 8/17/2023. No defendant appeared on the hearing. Plaintiff reported they are continuing to negotiate with defendants. Telephonic hearing set for 8/31/2023 at 9:00 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the 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

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 8/31/2023. No defendant appeared on the hearing. Plaintiff's counsel reported they have settled with many defendants and will be moving for default on the remaining defendants. Telephonic hearing set for 9/21/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the 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

DECLARATION of Robert P. McMurray Declaration of Service

MOTION by Plaintiff Emoji Company GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

MEMORANDUM by Emoji Company GmbH in support of motion for default judgment[47]

Exhibit 1

Exhibit 2

DECLARATION of Michael A. Hierl regarding motion for default judgment[47]

Exhibit Hierl Exhibit 1

ATTORNEY Appearance for Defendant Dreamlizer-Direct by Yong Chen

MOTION by Defendant Dreamlizer-Direct for extension of time to file answer regarding complaint 1, CONSENTED

MINUTE entry before the Honorable Robert W. Gettleman: Defendant Dreamlizer-Direct's motion for extension of time 51 to 9/29/2023 to file its responsive pleading is granted. Mailed notice

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 9/21/2023. No defendant appeared on the hearing. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment against the defendants identified in Amended Schedule A 47 is granted. Enter order. Telephonic hearing set for 10/10/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the 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

FINAL JUDGMENT ORDER signed by the Honorable Robert W. Gettleman on 9/21/2023. Mailed notice

SATISFACTION of Judgment

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 10/10/2023. Plaintiff's Counsel appeared via the Webex platform. No defendant appeared on the hearing. Plaintiff's Counsel informed the Court of their Satisfaction of Judgement 55. For the reasons, stated on the record, civil case terminated. Mailed notice

SATISFACTION of Judgment

SATISFACTION of Judgment

ANSWER to Complaint by ashalmu-54.

MOTION by Plaintiff Emoji Company GmbH to strike Plaintiff's Motion to Strike the Answer of Defendant No. 34 "ASHALMU-54" [Dkt. No. 59]

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's Motion To Strike The Answer Of Defendant No. 34 "ASHALMU-54" [DKT NO. 59] 60 is granted. Defendant ASHALMU-54's Answer 59 is stricken as untimely filed and improper in form. Mailed notice