2023-cv-05964

COMPLAINT filed by Sharp Shirter, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20963428.

CIVIL Cover Sheet

MOTION by Plaintiff Sharp Shirter, Inc. to seal Complaint, Motion for Temporary Restraining Order, Supporting Memorandum, Declarations, and Exhibits

SEALED MOTION by Plaintiff Sharp Shirter, Inc. for Leave to File Under Seal

Complaint

Exhibit A to Complaint

Exhibit B to Complaint

Exhibit C to Complaint

Schedule A

(Text of Proposed Order)

SEALED MOTION by Plaintiff Sharp Shirter, Inc. for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process By E-Mail and/or Electronic Publication

Memorandum in Support of Motion

Declaration of Mackenzie Paladino

Exhibit 1 to Paladino DL

Exhibit 2 to Paladino DL

Exhibit 3 to Paladino DL

Exhibit 4 to Paladino DL

Declaration of Dan Lachman

Exhibit 1 to Shirter DL

(Text of Proposed Order)

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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 Copyright Request Letter to Plaintiff's counsel Mackenzie Paladino.

REPORT on the Filing of an Action Regarding a Copyright by Sharp Shirter, Inc.

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motions. The court directs plaintiff to review the court's standing order on Schedule A cases.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for a TRO 5 is stricken without prejudice to refiling in compliance with this court's standing order on Schedule A cases. The court directs plaintiff to review the court's standing order on Schedule A cases.

SEALED MOTION by Plaintiff Sharp Shirter, Inc. for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process By E-Mail and/or Electronic Publication (Attachments: # (1) Declaration of Dan Lachman, # (2) Exhibit 1 to Lachman DL, # (3) Exhibit 2 to Lachman DL (Part 1 of 5), # (4) Exhibit 2 to Lachman DL (Part 2 of 5), # (5) Exhibit 2 to Lachman DL (Part 3 of 5), # (6) Exhibit 2 to Lachman DL (Part 4 of 5), # (7) Exhibit 2 to Lachman DL (Part 5 of 5), # (8) Declaration of Mackenzie Paladino, # (9) Exhibit 1 to Paladino DL, # (10) Exhibit 2 to Paladino DL, # (11) Exhibit 3to Paladino DL, # (12) Exhibit 4 to Paladino DL, # (13) Text of Proposed Order)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal 4 is granted. For the reasons set forth in the motion 3 filed by plaintiff Sharp Shirter, Inc., the supporting memoranda 11 and the temporary restraining order, plaintiff's motions for electronic service of process 11, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 11 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 10/6/2023:

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

SUMMONS Returned Executed by Sharp Shirter, Inc. as to All Defendants.

MINUTE entry before the Honorable Martha M. Pacold: For the reasons in the attached order, plaintiff's ex parte motion to extend the TRO 15 is granted. The court's TRO 13 entered on 10/6/2023 is extended by fourteen (14) days, or until 11/3/2023.

NOTICE of Voluntary Dismissal by Sharp Shirter, Inc. as to Defendant xuzhouyuanzhiyinwangluokejiyouxiangongsi only

MOTION by Plaintiff Sharp Shirter, Inc. for preliminary injunction

DECLARATION of Mackenzie Paladino regarding motion for preliminary injunction 21 in Support of Plaintiff's Motion for Entry of Preliminary Injunction

MEMORANDUM by Sharp Shirter, Inc. in support of motion for preliminary injunction 21

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 21 under advisement and will consider the motion unopposed if no defendant appears and objects by 11/15/2023. 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 15 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 Sharp Shirter, Inc. for leave to file Second Amended Schedule A

CERTIFICATE of Service by Mackenzie Paladino on behalf of Sharp Shirter, Inc. regarding set motion and R&R deadlines/hearings, 24

Notice of Withdrawal by Sharp Shirter, Inc. of Motion for Leave to File Second Amended Schedule A [Dkt. 25]

MOTION by Plaintiff Sharp Shirter, Inc. for leave to file Second Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file second amended Schedule A 28 is granted. Defendants No. 1 yiwushikuanyudianzishangwushanghang, No. 13 qingdaohaiqinghuixinguojiwuliuyouxiangongsi, No. 49 Lianglian Store, No. 57 Aertemisi, and No. 67 Yuiyth are dismissed with prejudice. Plaintiff's motion for leave to file a second amended Schedule A 25 is stricken as moot.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff should file an amended Schedule A on the docket by 11/17/2023.

NOTICE by Sharp Shirter, Inc. re text entry 30 of Filing of Second Amended Schedule A

(Second Amended Schedule A)

MINUTE entry before the Honorable Martha M. Pacold: By 11/22/23, plaintiff shall comply with the procedures listed on the court's website and submit to the court's Proposed Order Inbox (Proposed_Order_Pacold@ilnd.uscourts.gov) an updated proposed preliminary injunction order and track changes version showing any differences between plaintiff's proposed order and the court's template order.

MOTION by Plaintiff Sharp Shirter, Inc. for leave to file Third Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 21. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction 21 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. (Main Document 36 replaced on 12/8/2023).

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/8/2023:

ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 12/8/2023. Mailed notice.

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21420611.

ORDER: Trevor W. Barrett's motion for leave to appear pro hac vice on behalf of plaintiff Sharp Shirter, Inc. 39 is granted. Signed by the Honorable Martha M. Pacold on 12/18/2023. Mailed notice.

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 12/28/2023: Mailed notice.

MOTION by Plaintiff Sharp Shirter, Inc. for leave to file Fourth Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file a fourth amended Schedule A 42 is granted. By 1/19/24, plaintiff should file the new amended Schedule A on the docket. ASIOADWNA, BEILIAN, BOSHI, BUI THI THU PHUONG, Brook Margery, ChengMaiXuZhenYanDianZiShangWuYouXianGongSi, Chengqianqihouputianshangmaoyouxiangongsi, DUPACT, Dalykf, Dingzhou Sipujia Trading Co., Ltd, Duicangma, EVNOI, Etymess, FSTXYY, GRILLX, GSANEI, GuangZhouShiBaiYunQuManWanXiangHunTunDian, JIANGCHENGQI, JOYPLUS, Jiaozuoshichenqiaoshangmaoyouxiangongsi, LEGOTOYJ, LJYHLAA, LNSIN, MATYBATE, MIHOOD, Muyaomaoyi, NIUMOWANG, Nudge Audio Electronics, PEDLR, Qqmstore, Qyufan, REDAEL, SIMONO, SIPJIA, Shi Meng, Shvieiart, Smindsolove, Tunchanglaiyunandianzishangwuyouxiangongsi, WULAOBAN, XINSILU, XUWEIX, XianYouXianLongHuaZhenChenZhiWeiFuZhuangChang, YAV, Yangmingxuan, Yangruidebeimeidianpu, YiYlunneo, Yzixulet, ZCYY, ZZPT, Zhansan660, Zhichaonanyemen, chenyangjisyd, duchangxiandengxinshangmaoyouxiangongsi, funanmiaoyueshangmaoyouxiangongsi, gaor32iyongpinjingyin, guangzhouranjiedianzishangwuyouxiangongsi, hubeishengbaochengshangmaoyouxiangongsi, jiujiangliumilishangmaoyouxiangongsi, putianshili cheng qu chu lan maoyiyouxian gongsi, shenzhenshilonggangquhaotianshangmaohang, unchanglaiyunandianzish, xian you xian li nan zhen xiao wei jie fu zhuang, xian66youxianduweizh, xianyoukudadianzishangwuyouxiangongsi, xianyouxianbangtouzhenchenzihuagongyipinjingyingbu, xianyouxianbangtouzhenlindefengshoushishanghang, 2but and 7yezi terminated.

NOTICE by Sharp Shirter, Inc. re order on motion for leave to file, add and terminate parties, 43 of Filing of Fourth Amended Schedule A

(Fourth Amended Schedule A)

MINUTE entry before the Honorable Martha M. Pacold: By 2/27/2024, plaintiff is directed to file a status report updating the court on the status of the case and proposed next steps.

STATUS Report by Sharp Shirter, Inc.

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report, 46. By 3/8/2024, plaintiff should either (1) file the motion for default and submit a proposed order to the proposed order inbox or (2) file a status report updating the court on the status of the case and proposed next steps.

MOTION by Plaintiff Sharp Shirter, Inc. for default judgment as to Defendant Does #36, 42, and 47

Memorandum in Support of Motion

Declaration of Mackenzie Paladino

(Exhibit 1 to Declaration of Mackenzie Paladino)

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, 48, must enter an appearance and file a written objection by 3/18/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

CERTIFICATE of Service by Mackenzie Paladino on behalf of Sharp Shirter, Inc. regarding set motion and R&R deadlines/hearings, 49

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment, 48. 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 $14,184.89 from defendant No. 42 qinhanxinchengheyunbaihuodian, $35,330.75 from defendant No. 36 SUNSIST, and $18,503.67 from defendant No. 47 Art-Decorrr, 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 $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 Doniger / Burroughs, 603 Rose Avenue, Venice, CA 90291, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 3/19/2024. Mailed notice.

DEFAULT JUDGMENT. (Exhibits). Signed by the Honorable Martha M. Pacold on 3/19/2024. Mailed notice.

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Sharp Shirter Inc. to plaintiff's counsel Trevor William Barrett at Doniger / Burroughs, 603 Rose Avenue, Venice, CA 90291, via certified mail #7008 1830 0000 4138 9042.

RETURN of Service, via certified mail #7008 1830 0000 4138 9042, of MAILED original ten-thousand-dollar ($10,000) surety bond posted by Sharp Shirter Inc. to plaintiff's counsel Trevor William Barrett at Doniger / Burroughs, 603 Rose Avenue, Venice, CA 90291, returned executed on 3/25/2024 as to plaintiff's counsel Trevor William Barrett at Doniger / Burroughs. (Received by mail in the Clerk's Office on 4/1/24.)