2023-cv-15917

COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 402, receipt number AILNDC-21326084.

(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. (Civil Category 2).

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

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 7 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 8 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 11/28/2023 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

SEALED TEMPORARY Restraining Order signed by the Honorable Robert W. Gettleman on 11/15/2023. Mailed notice

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 23 is granted. The TRO entered on 11/15/2023 22 is extended to 12/13/2023. Telephonic hearing set for 11/28/2023 is stricken and reset to 12/12/2023 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

CIVIL BOND in the amount of $ 10,000 posted by Emoji Company GmbH. (DOCUMENT NOT SCANNED).

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

Entered in error by attorney Timothy Tiewei Wang Modified on 12/12/2023.

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 27

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 27

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 12/8/2023, answer due 12/29/2023.

NOTICE of Correction regarding attorney appearance 26.

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 12/12/2023. No defendant appeared on the hearing. For the reasons stated on the record, Plaintiff's Motion For Entry Of A Preliminary Injunction 27 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. The Clerk is directed to unseal Plaintiffs' Complaint 1, Schedule A to the Complaint 7, Exhibit 2 to the Declaration of Anna Reiter [Dkt. Nos. 12-19], and the TRO 22. Telephonic hearing set for 1/30/2024 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

PRELIMINARY INJUNCTION ORDER signed by the Honorable Robert W. Gettleman on 12/12/2023. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 50, 181

MOTION by Defendant Yang Guangzhuan to dismiss Plaintiff's Complaint and Vacate Preliminary Injunction. (Exhibits).

MINUTE entry before the Honorable Robert W. Gettleman: The court sets the following briefing schedule on defendant Fastest Shipping's Motion to Dismiss Plaintiff's Complaint and Vacate Preliminary Injunction 35 : plaintiff's response due 1/3/2024; defendant's reply due 1/17/2024. The court will issue its ruling on CM/ECF. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 22, 47

MOTION by Defendant PIMOXV to dismiss Plaintiff's Complaint and Vacate Preliminary Injunction

ATTORNEY Appearance for Defendants Seashell World, garmentprinting1 by Casey Ann Hewitt

MOTION by Defendants Seashell World, garmentprinting1 for extension of time to file answer (UNOPPOSED)

PRO SE Appearance by Defendant Francisco Navas

MINUTE entry before the Honorable Robert W. Gettleman: Unopposed Motion For Extension Of Time To Respond 40 is granted. Defendants SEASHELL WORLD and GarmentPrinting1's responsive pleading due on or before 1/12/2024. 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.

MINUTE entry before the Honorable Robert W. Gettleman: Due to a change in the court's schedule, telephonic hearing set for 1/30/2024 is stricken and reset to 1/24/2024 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

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 176

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate

MINUTE entry before the Honorable Robert W. Gettleman: On Plaintiff's Notice 48 and pursuant to Federal Rule of Civil Procedure 41(a)(1), all claims against defendant No. 145, Fastest Shipping, are dismissed without prejudice with leave to reinstate on or before 4/2/2024. If a motion to reinstate is not filed by 4/2/2024, the dismissal will automatically convert to with prejudice without further order of court. In light of the dismissal, Defendant Fastest Shipping's motion to dismiss and vacate 35 is terminated without prejudice. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants

RESPONSE by Plaintiff Emoji Company GmbH Plaintiff's Response to the Motion to Dismiss and Vacate the Preliminary Injunction by Defendant No. 185 "PIMOXV"

Exhibit A

Exhibit B

(Exhibit C)

ATTORNEY Appearance for Defendant theteeexpert by Benjamin C.R. Lockyer

NOTICE OF MOTION Withdrawal by Defendant PIMOXV.

MINUTE entry before the Honorable Robert W. Gettleman: On defendant PIMOXV's Notice of Motion Withdrawal 53, the court grant's defendant's request and PIMOXV's motion to dismiss and vacate 38 is withdrawn. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant No. 104

MOTION by Defendants Seashell World, garmentprinting1 for extension of time to file answer (Unopposed Second Extension)

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 30

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendants No. 24, 184, 189

MINUTE entry before the Honorable Robert W. Gettleman: Defendants SEASHELL WORLD and GarmentPrinting1's Unopposed Second Motion for Extension of Time to Respond 56 is granted. Defendants' however have been dismissed without prejudice 58. Mailed notice

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal Without Prejudice of All Remaining Defendants

MINUTE entry before the Honorable Robert W. Gettleman: On plaintiff's Notice 60 and pursuant to Federal Rule of Civil Procedure 41(a)(1) all remaining defendants are dismissed without prejudice. Each party shall bear its own attorney's fees and costs. Telephonic hearing set for 1/24/2024 is stricken. Civil case terminated. Mailed notice

MOTION by Defendant theteeexpert for sanctions against Plaintiff Emoji Company

Exhibit One

(Exhibit Two)

MINUTE entry before the Honorable Robert W. Gettleman: The court sets the following briefing schedule on defendant theteeexpert's Motion for Sanctions Against Plaintiff Emoji Company GMBH and Motion to Find Case Exceptional Under 15 U.S.C. § 1117 62 : plaintiff's response due 3/1/2024; defendant's reply due 3/15/2024. The court will issue its ruling on CM/ECF. Mailed notice

RESPONSE by Plaintiff Emoji Company GmbH Plaintiff's Response to the Motion for Sactions by Defendant No. 51 ("THETEEEXPERT")

Exhibit A

Exhibit B

(Exhibit C)

REPLY by theteeexpert to Response 64, MOTION by Defendant theteeexpert for sanctions against Plaintiff Emoji Company 62

(Affidavit Lockyer Declaration & Fee Affidavit)

ORDER signed by the Honorable Robert W. Gettleman on 3/21/2024: For the reasons set forth in the attached Order, Tee Expert's motion for sanctions against plaintiff 62 is denied. The court is concerned, however, that plaintiff and its counsel have, on more than one occasion, added non-foreign defendants to cases where numerous defendants have been joined based on their foreign status. The court cautions both plaintiff and its counsel to be more careful in the future. Mailed notice