2023-cv-15262

COMPLAINT filed by David Lozeau; Filing fee $ 402, receipt number AILNDC-21253575.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff David Lozeau Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff David Lozeau by Keith A. Vogt

ATTORNEY Appearance for Plaintiff David Lozeau by Yanling Jiang

ATTORNEY Appearance for Plaintiff David Lozeau by Yi Bu

ATTORNEY Appearance for Plaintiff David Lozeau by Adam Grodman

ATTORNEY Appearance for Plaintiff David Lozeau by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff David Lozeau by Monica Rita Martin

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 3).

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 David Lozeau for leave to file under seal

MOTION by Plaintiff David Lozeau for leave to file excess pages

MEMORANDUM in support of 12 Exparte motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of David Lozeau

(Exhibit 1, of David Lozeau's declaration)

SEALED EXHIBIT by Plaintiff David Lozeau Sealed Exhibit 2, Declaration of David Lozeau regarding memorandum in support of motion, 13

Exhibit 2-1

(Exhibit 2-2)

SEALED ORDER written by the Honorable Lindsay C. Jenkins on 10/26/2023. Mailed notice.

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

MOTION by Plaintiff David Lozeau for preliminary injunction

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 19 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by November 8, 2023." 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. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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. Mailed notice.

CERTIFICATE of Service by Plaintiff David Lozeau regarding order on motion for preliminary injunction, text entry, 22

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 19 is granted. Plaintiff's filings 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 stated 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 23 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Jiangip Llc., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 11/9/2023. Mailed notice.

NEW PARTIES: foshanshitaihuiweimaoyiyouxiangongsi, bansongtuwen, erfeer, HanJiangQuQiuLuZhenZhangZhiTaoGongYiPinShangHang, ChenLiJunXiaoDian, chengduyirongbukejiyouxiangongsi, Crazyool Socks, LiuXiangJiaQinWen, moshenfeidianzishangwuyouxiangongsi, TRAN THI KHAI, taianbaixiangguomaoyiyouxiangongsi, LIHONGHUI, zhengdechaobeimeidian, xuchang88, yuanzhouquhuitianrebaihuodian, yihanshangmaoguangzhouyouxiangongsi, Bing Sign, Gaoyuzhe, SAADEH AKRAM EL11, backRelaxing 7-15 Days Delivery, Bear Hut, MIVAMIYA 7-15 Days Delivery, KINGOLDON, wangjingkuajing, LH*DLe, Desmond Tins, Siam7-USA, TARAKING, SUNGTUK, ONATUTI, TH Autodaily, maggie store, Black sticker shop, WenChengShangWu, guodongya11, lingaojiayudianzishangwuyouxiangongsi, hongdongsangyeshengmaoyiyouxiangongsi, HVT GLOBAL, taianhaiyijimaoyiyouxiangongsi, Warmth Art, Changsha Kaiyucheng Trading Co., Ltd., balijiang jieensimeiguoshangmao, guche750004, TXCHMUG, YCF SIGN, ForhouseDecorsh0p, XINYINMA, yangsiyao666, Jianligang, JXIANGSHOP, JiaZhiDeDian, The Sky Home, putianshichengxiangquhaozhidengbaihuoshanghang and kunminglujinliwangluokejiyouxiangongsi added to case caption.

NEW PARTIES: foshanshitaihuiweimaoyiyouxiangongsi, bansongtuwen, erfeer, HanJiangQuQiuLuZhenZhangZhiTaoGongYiPinShangHang, ChenLiJunXiaoDian, chengduyirongbukejiyouxiangongsi, Crazyool Socks, LiuXiangJiaQinWen, moshenfeidianzishangwuyouxiangongsi, TRAN THI KHAI, taianbaixiangguomaoyiyouxiangongsi, LIHONGHUI, zhengdechaobeimeidian, xuchang88, yuanzhouquhuitianrebaihuodian, yihanshangmaoguangzhouyouxiangongsi, Bing Sign, Gaoyuzhe, SAADEH AKRAM EL11, backRelaxing 7-15 Days Delivery, Bear Hut, MIVAMIYA 7-15 Days Delivery, KINGOLDON, wangjingkuajing, LH*DLe, Desmond Tins, Siam7-USA, TARAKING, SUNGTUK, ONATUTI, TH Autodaily, maggie store, Black sticker shop, WenChengShangWu, guodongya11, lingaojiayudianzishangwuyouxiangongsi, hongdongsangyeshengmaoyiyouxiangongsi, HVT GLOBAL, taianhaiyijimaoyiyouxiangongsi, Warmth Art, Changsha Kaiyucheng Trading Co., Ltd., balijiang jieensimeiguoshangmao, guche750004, TXCHMUG, YCF SIGN, ForhouseDecorsh0p, XINYINMA, yangsiyao666, Jianligang, JXIANGSHOP, JiaZhiDeDian, The Sky Home, putianshichengxiangquhaozhidengbaihuoshanghang and kunminglujinliwangluokejiyouxiangongsi added to case caption.

NEW PARTIES: hongdongxianaidefeikejiyouxiangongsi, hengguolankong, foshanshifuhangliangkejiyouxiangongsi, MA-SIGN, pmayu87, Lanruiyou, xusuoyedz8963, SXCHEN, xin qiang, wanxiujing, putianshixiuyuqupengjiashengshangmaoyouxiangongsi, GODAKSIGN, HSSSIGN, zanliyouxiangongsi, yanin, wenchangchengguaiqiangwangluokejiyouxiangongsi, Ruouthigil, JiuJiangGuoErYuanShangMaoYouXianGongSi, jiujiangweiruobao, changjiangdeshanshangmaoyouxiangongsi, manyanzhenqinyanbaihuoshanghang, Layliw Art Store, hhhaozjisg, taiyuannuoxiaodianzishangwuyouxiangongsi, DKKSIGN, BaNanQuXinLeYiMuYingYongPinShangXing, ZhouHuixiaodian, jinanchunyudaibaihuofuzhuangyouxiangongsi, Laylow Art Store, LiJiaChengDeDian, gaoshuai123, Jiidicghle, yuedengshangboma, wenchangshihuoyoumengshangmaoyouxiangongsi, zhuoxinxiefu, zhangxianweidedianpu, sichuanweiaoxiaoxiadianzishangwuyouxiangongsi, zb20210412, Liuyang Lujinfu E-commerce Co., Ltd, xiezhilandianpu, changchunshi02, rongxir, hainanmoumoujian., Yakksigop, ALOVEY, Lin Living, Guard-DT, Bsnabsnan, PORDYMOR, cysfx7722, JiangYanQiugShiFangLianShangMaoYo, XJSHOP-AIR, wuhushiyijiangquxinxidianzishangwugongzuoshi, Hajimi, suizhoushizengduquduoduoyimengfuzhuangdian, shangshuixianhuimushangmaoyouxiangongsi, O2TEE and LinChiYanxiaodian added to case caption.

NEW PARTIES: Li Paint Shop, shangshuixianmengmengshangmaoyouxiangongsi, lijinqishangmao, KmoMUS, tokidokiii, Beixinchen, HUTJDHA, mudaou store, SHANGLIN, (8-10 days delivery)-KUNPENG, Raymust Store, houquandongdianpu, hongdongcangpiaoshangmaoyouxiangongsi, Quelife, yuyaohua, Jair wall art, Chengmai Kekong Trading Co., Ltd., Plowerme, WnursK, MeiZhaoHe Art, Wamajoly, xiehailang-shop, WUJINWU, Good culture wall art, CYRSHOP-X, Gfauzkorr, CGFkjisn, CYSHOPN, Needelmz-US, Yuvesment, Gergeos and QingChengAJ added to case caption.

NEW PARTIES: WKRfY, CHENWEITING-US, MZISEEM-US, SanDiDa, QINSHANG, Boyseae, Homedecor us-direct, FOVIGUO, Anewoneson, NAMTYQX, Pin Lo Co., Ltd., NDVYXX, yoeyez, IGETELY, maikeldJS, Changshashiwangchengqubaibofuzhuangdian, Yidamm, shanshan stroe, Cmade Studio, KCQSDAOT, HXH INC, terbklf, Ai Lin, fangqiaoqiao123, jintingAND, tunchangzijiayushangmaoyouxiangongsi, KAIMEI, Grianlook, Jiwenxiang, shenzhenshileituoyuankejiyouxian Co. ltd, Zhuoshengben., Ltd, Shuntuo., Ltd, Shelby'T Trading, Bextsrack Houseware, GZJHKJ CO.ltd, HBTWLKJ Co,ltd, Elbourn, shenzhenshilishenzhaoyuanmaoyiyouxiangongsi, Family Bedding and Jiahualiren added to case caption.

NEW PARTIES: guanbinGENOBL added to case caption.

NEW PARTIES: liuxuelifg3(7-15 Day Delivery) added to case caption.

<!--SB--> (Bu, Yi) (Entered: 11/13/2023)

NEW PARTIES: WQG STORE7-14 Days Delivery added to case caption.

NEW PARTIES: Defendant no. 2, Defendant no. 13, Defendant no. 14, Defendant no. 15, Defendant no. 64, Defendant no. 58, Defendant no. 67, Defendant no. 70, Defendant no. 75, Defendant no. 84, Defendant no. 100, Defendant no. 117, Defendant no. 140, Defendant no. 169, Defendant no. 181 and Defendant no. 182 added to case caption.

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

MOTION by Plaintiff David Lozeau for default judgment as to The Defendants Identified In The First Amended Schedule A

MEMORANDUM by David Lozeau in support of motion for default judgment 27

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 27 for entry of default and default judgment against all remaining Defendants. All remaining defendants 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 December 6, 2023. 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. Mailed notice.

ATTORNEY Appearance for Defendant Family Bedding by Yong Chen

MOTION by Defendant Family Bedding for extension of time to file answer regarding complaint 1, CONSENTED

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 163 CHENWEITING-US and defendant no. 164 MZISM - US

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Family Bedding's unopposed motion for extension of time to answer 31 is granted. Defendant Family Bedding's responsive pleading is due by December 22, 2023. Mailed notice.

MOTION by Defendants Bextsrack Houseware, Elbourn, GZJHKJ CO.ltd, Shelby'T Trading for extension of time to file answer regarding complaint[1]

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants Bextsrack Houseware, Elbourn, GZJHKJ CO.ltd, Shelby'T Trading's motion for extension of time [36] is granted. These Defendants' responsive pleading is now due by December 28, 2023. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendants Family Bedding, Bextsrack Houseware, Elbourn, GZJHKJ CO.ltd, Shelby'T Trading. No other Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 27 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, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $50,000 is an appropriate award of statutory damages. Mailed notice.

ENTERED PARTIAL DEFAULT JUDGMENT ORDER Signed by the Honorable Lindsay C. Jenkins on 12/8/2023. 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.

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

SATISFACTION of Judgment as to Defendant no. 115 PORDYMOR

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 201 Elbourn

MOTION by Plaintiff David Lozeau for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendant No. 203 Family Bedding

MEMORANDUM by David Lozeau in support of motion for default judgment[45]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 45 for entry of default and default judgment against all Defendants. All remaining defendants 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 February 20, 2024. 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. Mailed notice.

CERTIFICATE of Service by Plaintiff David Lozeau regarding order on motion for default judgment, set motion and R&R deadlines/hearings, 47

MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 45 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 $50,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice.

ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 2/21/2024. Mailed notice.

MAILED Copyright report with certified copy of minute order dated 2/21/24 to Registrar, Washington DC

SATISFACTION of Judgment as to [Certain] defendants