2023-cv-15811

COMPLAINT filed by PBL, Inc.; Filing fee $ 402, receipt number AILNDC-21314274.

Exhibit Exhibit 1

Declaration Declaration of Plaintiff

Declaration Declaration of David Gulbransen

Declaration Declaration of David Gulbransen

SEALED DOCUMENT by Plaintiff PBL, Inc. Complaint, Ex. 1, and Schedule A

(Appendix Schedule A)

Declaration Declaration of David Gulbransen

(Exhibit Exhibit to Declaration of David Gulbransen)

(Exhibit Exhibit 1)

CIVIL Cover Sheet

Exhibit Exhibit 1 to Declaration of David Gulbransen (1 of 12)

ATTORNEY Appearance for Plaintiff PBL, Inc. by David Lee Gulbransen, Jr

Exhibit Exhibit 1 to Declaration of David Gulbransen (2 of 12)

SEALED DOCUMENT by Plaintiff PBL, Inc. Affiliate Disclosure

Exhibit Exhibit 1 to Declaration of David Gulbransen (3 of 12)

SEALED DOCUMENT by Plaintiff PBL, Inc. USPTO Cover Sheet

Exhibit Exhibit 1 to Declaration of David Gulbransen (4 of 12)

MOTION by Plaintiff PBL, Inc. to seal document sealed document 5, sealed document 2, sealed document 6

Exhibit Exhibit 1 to Declaration of David Gulbransen (5 of 12)

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

SUMMONS Issued as to Defendant Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

NEW PARTIES: Pure Body Logistics, Inc. added to case caption. (Text entry; no document attached.)

MOTION by Plaintiff PBL, Inc. for temporary restraining order

Exhibit Exhibit 1 to Declaration of David Gulbransen (6 of 12)

SEALED DOCUMENT by Plaintiff PBL, Inc.

Exhibit Exhibit 1 to Declaration of David Gulbransen (7 of 12)

MOTION by Plaintiff PBL, Inc. for leave to file excess pages

Exhibit Exhibit 1 to Declaration of David Gulbransen (8 of 12)

MOTION by Plaintiff PBL, Inc. to seal document sealed document, 9

Exhibit Exhibit 1 to Declaration of David Gulbransen (9 of 12)

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.

Exhibit Exhibit 1 to Declaration of David Gulbransen (10 of 12)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motions for leave to file under seal 7 11, ex parte motion for a temporary restraining order and other relief 8, and motion for leave to file excess pages 10 are granted in part. Plaintiff's submissions (e.g., Dkt. 9) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motions to seal and appearing at docket entries 2, 5, 6, and 9. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit and infringing goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. 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 several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that 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 reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order.

Exhibit Exhibit 1 to Declaration of David Gulbransen (11 of 12)

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 2/9/2024.

Exhibit Exhibit 1 to Declaration of David Gulbransen (12 of 12)

SURETY BOND in the amount of $ 10,000 posted by PBL, Inc. (Document not Imaged)

(Exhibit Exhibit 2 to Declaration of David Gulbransen)

MOTION by Plaintiff PBL, Inc. for extension of time of Temporary Restraining Order

NOTICE of Voluntary Dismissal by PBL, Inc. of Certain Doe Defendants

NOTICE of Voluntary Dismissal by PBL, Inc. of Certain Doe Defendants

NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants

ATTORNEY Appearance for Plaintiff Pure Body Logistics, Inc. by David Lee Gulbransen, Jr

CERTIFICATE of Service by Plaintiffs PBL, Inc., Pure Body Logistics, Inc.

SUMMONS Returned Executed by Pure Body Logistics, Inc., PBL, Inc. as to Partnerships and Unincorporated Associations Identified on Schedule A on 3/7/2024, answer due 3/28/2024.

MOTION by Plaintiffs PBL, Inc., Pure Body Logistics, Inc. for preliminary injunction

MEMORANDUM by PBL, Inc., Pure Body Logistics, Inc. in support of motion for preliminary injunction 23

MOTION by Plaintiffs PBL, Inc., Pure Body Logistics, Inc. for extension of time of Temporary Restraining Order, for Does 1-85

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 23 seeking the entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith 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 on or before 3/14/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. Plaintiff's motions 16 25 seeking to extend the expired temporary restraining order 14 are denied as moot. See Fed. R. Civ. P. 65(b)(2). Mailed notice

CERTIFICATE of Service by Plaintiffs PBL, Inc., Pure Body Logistics, Inc. regarding order on motion for extension of time, text entry, 26

CONFIDENTIALITY SETTLEMENT Agreement by Erick Avila Ramirez.

LETTER from Erick Avila Ramirez dated 3/13/2024. (Received via pro se email on 3/13/24.)

NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants

NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants

NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants

CERTIFICATE of Service by Plaintiffs PBL, Inc., Pure Body Logistics, Inc. regarding MOTION by Plaintiffs PBL, Inc., Pure Body Logistics, Inc. for preliminary injunction 23, complaint 1, sealed document 2

SUMMONS Returned Executed by Pure Body Logistics, Inc., PBL, Inc. as to Partnerships and Unincorporated Associations Identified on Schedule A on 3/22/2024, answer due 4/12/2024.

NOTICE of Voluntary Dismissal by PBL, Inc., Pure Body Logistics, Inc. of Certain Doe Defendants

NOTICE of Voluntary Dismissal by PBL, Inc., Pure Body Logistics, Inc. of Certain Doe Defendants

NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants

NOTICE of Voluntary Dismissal by PBL, Inc., Pure Body Logistics, Inc. of Certain Doe Defendants

NOTICE of Voluntary Dismissal by PBL, Inc., Pure Body Logistics, Inc. of Certain Doe Defendants

NOTICE of Voluntary Dismissal by PBL, Inc., Pure Body Logistics, Inc. of Certain Doe Defendants

NOTICE of Voluntary Dismissal by PBL, Inc., Pure Body Logistics, Inc. of Certain Doe Defendants

NOTICE of Voluntary Dismissal by PBL, Inc., Pure Body Logistics, Inc. of Certain Doe Defendants

MOTION by Plaintiffs PBL, Inc., Pure Body Logistics, Inc. for default judgment as to all remaining defendants

MEMORANDUM by PBL, Inc., Pure Body Logistics, Inc. in support of motion for default judgment 43

ORDER: Plaintiff's motion 43 seeking a default judgment is granted. Plaintiff's motion 23 seeking entry of a preliminary injunction is dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 5/16/2024. Mailed notice.

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 5/16/2024. Mailed notice.

SATISFACTION of Judgment of Certain Doe Defendants

SATISFACTION of Judgment of Certain Doe Defendants

SATISFACTION of Judgment of Certain Doe Defendants

SATISFACTION of Judgment of Certain Doe Defendants

SATISFACTION of Judgment of Certain Doe Defendants

SATISFACTION of Judgment of Certain Doe Defendants

SATISFACTION of Judgment of Certain Doe Defendants

SATISFACTION of Judgment of Certain Doe Defendants

SATISFACTION of Judgment of Certain Doe Defendants

SATISFACTION of Judgment of Certain Doe Defendants