2023-cv-04081

COMPLAINT filed by Merch Traffic, LLC; Filing fee $ 402, receipt number AILNDC-20773104.

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

MAILED trademark report to Patent Trademark Office, Alexandria VA

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. 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 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)

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 [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 7/6/2023:

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[24]

Declaration of Kahlia R. Halpern

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 7/6/2023 is extended until 8/3/2023. Enter order extending TRO.

EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 7/19/2023:

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

Exhibit A

MEMORANDUM by Merch Traffic, LLC in support of motion for preliminary injunction, extension of time[28]

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 7/31/2023, answer due 8/21/2023.

Declaration of Berel Y. Lakovitsky

Exhibit A

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for a preliminary injunction [28] under advisement and will consider the motion unopposed if no defendant appears and objects by 8/9/2023. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering and extending the TRO, as well as in plaintiff's earlier motion [24] to extend the TRO, the TRO is further extended to and including the date on which the court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844.

MOTION by Plaintiff Merch Traffic, LLCfor 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 file an amended Schedule A [32] is granted. Defendants No. 53 Kirako; No. 87 bai02; No. 88 bangdaotiehe; No. 89 FANCY CHILDHOOD Store; No. 90 lu003; No. 91 luo04; and No. 92 sportop_company are terminated. Plaintiff has already filed an amended Schedule A form separately on the docket [33].

MOTION by Plaintiff Merch Traffic, LLCfor 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 file an amended Schedule A 35 is granted. Defendant No. 45 IZOOMIHOME is terminated. Plaintiff has already filed an amended Schedule A form separately on the docket 36.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 28. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction 28 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 ODER Signed by the Honorable Martha M. Pacold on 8/11/2023:

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 8/11/2023: Mailed notice

NEW PARTIES: Jun Voge Store, SIAN Store, ASIFN Franchised Store, JokerArt Store, DUO BLANKETS Store, VIP-trend73 Store, No.35 Store, Shop1102808152 Store, MuBai-E Store, 259 New Shell Store, 265 UP Phone Case Store, HANCHANG KW Store, Shop910934041 Store, KK66 Art Store, Art Of Selling Store, Hi New JJewelry Store, Shop5890802 Store, YC Store, Rainbery Store, jinjiangshimeilingjiedaocaizhichaobaihuolinsuochao, xianyouxianbangtouzhenxiejingjingbaihuolingshoucha, xianyouxianlichengxiuyanfuzhuangdian, Zyyyuio, shenzhenaitaolejuzhuangs, xiaoguasngyu, Bidener, chongzhoushilongxinghezhongyuxianr, chenguilinde, A cao, AS17ZUS8YFKDQ, DuChangXianYanBinBaiHuoDian, Changsha Zhouwenrong Trading Co., Ltd, Dingqing Co, FL-SIGN, Qewfwe, liu an yi sheng wang luo ke ji you xian gong si, feihuomaoyi, jiujiangzhenxiangwanshangmaoyouxiangongsi, qianzhengchenwangluokeji, zhangzhengrongg312, shandongyanruianzhuanggongchengyouxiangongsi, huminghao825baihuodian, CYRSHOP-X, Ashley Grier, MetalInnov8, NANCHANGWANGHENGHUIMAOYIYOUXIANGONGSI, JK.ART, JMdkY09, JN.ART, xianyouxianlinanzhenluoxingyuerizayongpinjingyingb, Do five, jinjiangshiqingyangjiedaolinyuechengbaihuolingshou, liqianghg, Abum poster, yyus-shop, Pkingser, xiexiaohuisopkdr, Caoxianbei, Lydia Begg, kunmingangxiamaoyiyouxianzerengongsi, guangzhouqiguanshangmao, MicheleDovan (USA SELLER), xianyouxianzhongshanzhenjiangqingyanguanggaojingyi, WangShuyadalsdalk, yaojunSFSF, xianghaodedianpu, ytshangguang, yaobenmei, ODYQIG, H-Styles, DNF5, tanfei719737, Hillmax, chengfeishangmao, Sijitianxia1, jinjiangshiqingyangjiedaowenghongbinbaihuolingshou, DouChengYiWangLuo, lijinqishangmao, foshanshinanhaiqusahaoshangmaoyouxiangongsi, xianyouxiantaiminbaihuoshanghang, HFDDSSASA, DualUS Decor, Syshuohe, ZhenTe, vefp, by30fshp, LYMUDAN, liuyumeng1314, huangqiu fashion, wemcvrjh, fqeh43shop, wygaijsdghaibx, YoPgiea, wytxjxjxidnsicn, lurongsuo, Light Magic Store, john j fitapelli and linhanying fashion added to case caption.

MOTION by Plaintiff Merch Traffic, LLC for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

MOTION by Plaintiff Merch Traffic, LLC for entry of default, MOTION by Plaintiff Merch Traffic, LLC for default judgment as to all Defendants

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

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 41 is granted. Defendant No. 43 H-Styles is terminated. Plaintiff has already filed an amended Schedule A form separately on the docket 42. Mailed notice.

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 43 must enter an appearance and file a written objection by 8/31/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. Mailed notice.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [43]. 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 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 9/13/2023:Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 9/13/2023: Mailed notice

MAILED the ten thousand dollars ($10,000) surety bond posted by Plaintiff to Amy Crout Ziegler, via Certified Mail Receipt Article Number: 7019 2280 0000 0962 9344.

FULL SATISFACTION of Judgment regarding entered judgment 49 in the amount of $500,000 as to certain defendants

RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 9344.