2023-cv-16129

COMPLAINT filed by Bryan Fletcher, Garrett Fletcher; Filing fee $ 402, receipt number AILNDC-21349640.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiffs Bryan Fletcher, Garrett Fletcher Schedule A regarding complaint[1]

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for leave to file under seal

CIVIL Cover Sheet

Notice of Claims Involving Trademarks by Bryan Fletcher, Garrett Fletcher

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Trevor Christian Talhami

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiffs' motion for leave to file under seal 3 is granted. Mailed notice.

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for temporary restraining order, [11]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Steve Fletcher regarding memorandum in support of motion[12]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiffs Bryan Fletcher, Garrett Fletcher Exhibit 3 - Parts 1 - 7 regarding declaration[14]

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for miscellaneous relief[16]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]

Exhibit 1

Exhibit 2

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Marcella Deshonda Slay

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte telephone hearing held. Plaintiffs' ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary transfer of the domain names, a temporary asset restraint, and expedited discovery [11] is granted. Plaintiffs' motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [16] is granted. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 11/30/2023. Mailed notice.

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

SURETY BOND in the amount of $ 111,000 posted by Bryan Fletcher, Garrett Fletcher. (Document not imaged)

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for extension of time of Temporary Restraining Order

MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of extension of time[23]

Declaration of Justin T. Joseph

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiffs' ex parte motion to extend the Temporary Restraining Order [23] is granted. The Temporary Restraining Order entered on 11/30/2023 [21] is extended by a period of fourteen (14) days until 12/28/2023. Mailed notice.

NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to a Certain Defendant

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for preliminary injunction[27]

Declaration of Justin T. Joseph

Exhibit 1

SUMMONS Returned Executed by Bryan Fletcher, Garrett Fletcher as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/18/2023, answer due 1/8/2024.

Declaration of Trevor C. Talhami

Exhibit A

MINUTE entry before the Honorable Thomas M. Durkin: Telephone hearing as to the motion for preliminary injunction [27] is set for 12/21/2023 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 12/21/2023. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 27 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Schedule A to the Complaint 2, Exhibit 3 to the Declaration of Steve Fletcher 15, and the TRO 21. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 1/22/2024 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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 Thomas M. Durkin on 12/21/2023. Mailed notice.

NEW PARTIES: Baoding Baigou Xincheng Lerong Xiaowo Plush Toy Factory, Dongguan Wanghong Toys & Gifts Co., Ltd., Dongguan Yourun Toys Ltd., Foshan Ounedy Gift Co., Ltd., Fujian Happy Corner Cultural Development Co., Ltd., Fujian Outstanding Import And Export Co., Ltd., Huizhou Bobon Clothing Co., Ltd., Nantong Opera Imp.& Exp. Co., Ltd., Shanghai Xiyuan Imp. & Exp. Co., Ltd., Shantou Qixiang Arts & Crafts Co., Ltd., Shenzhen Beian Industrial Co., Ltd., Shenzhen Ji Mi Technology Co., Ltd., Shenzhen Kakiya Technology Co., Limited, Shenzhen Oshibo Technology Co., Ltd., Shenzhen Tongfei International Trade Co., Ltd., Shenzhen Toysking Industrial Co., Ltd., Shenzhen Weida Science And Technology Co., Ltd., Shenzhen Xinyuetang Toys Gift Co., Ltd., Shenzhen Zhongjiao Zhixue Education Technology Co., Ltd., Suzhou Qianmeng Shihua Technology Co., Ltd., Yangzhou Creative Toys And Gifts Co., Ltd., Yangzhou Yanda International Trade Co., Ltd., Yiwu Jianhai E-Commerce Co., Ltd., Yiwu Jiaohao E-Commerce Firm, Yiwu Juanke E-Commerce Firm, Yiwu Misha Toys Co., Ltd., Yiwu Uwant Import & Export Co., Ltd., Yiwu Yanxi Trading Firm, A1OPZ7A9K0LRMU, A1VXPKNYITN49P, A2K1JQ0TRYSQVA, ADILAIDUN US, adyrica, B.RAOJIE02, buguangshangmao, caoxianjunxiangshangmaozhongxiN, Chen li shang, Chen lili Store, COSKEY, dehuaxiankelanyangtaocidian, DeHuaXianKeZaiYuTaoCiShangHang, Doerdon Houseware, FuJianRuiFengJianCaiMaoYiYouXianGongSi, Gaohongsheng, Green_Fun_Dress, guangzhouhuanleweimaoyiyouxiangongsi, guangzhouweiliangmaoyi, gukangnan888, haerbinshiyunzedianzishangwuyouxiangongsi, hefeijinlishaoshangmaoyouxiangongsi, HONGSHUND, huozhoushikaiweimaoyidian, jiming, Jinjiang Qiaochong Trading Co., Ltd, JiuxinhuiDirect, Juduobao-us, kunmingbinhaoshangmaoyouxiangongsi, KunMingJinKeHuiShangMaoYouXianGongSi, KunMingXinChuangFeiShangMaoYouXianGongSi, LIAOYUU, LingLiTradingUk, lixuejing, LongHaiQuZhangShaoXiongWuJinJingYingBu, Loot Lane, Mayper, MGGA, Paipo-US, panjunlaibaihuoshangmao, panlongyongyibaihuoshanghang, qujingxiludianzishangwuyouxiangongsi, shenyangshisujiatunqulanhuangbaihuodian, SHENZHEN JINBIDA, siqixiaodina, siwenjing, SuBingJian DianZi, USFLY, WhxBuNingGS, xiangyangshilijingshangmaoyouxiangongsi, XiangYiBinXIAODIAN, xixianxinqufengdongxinchengmoyutaobaihuodian, yangquanjingyishangmao, yangyangguojimaoyiyouxiangongsi, Yongchun Xiyao Trading Co., Ltd, zhijiangshibozoushangmaoyouxiangongsi, zhijiangshikanzhishangmaoyouxiangongsi3, zhijiangshixiangxiangzhushangmaoyouxiangongsi, ZhouKundedian, gzaqswkjyxgs, haihemaoyi, hollow-6687, jinhutoy, kendionly, lioploka18, no.1-limited, pinya66, shijiazhuangyinhuiqiyeguanlizixunyouxiangongsi, smj_1195, CharmHome, Dream House CSN, Royal study cultural articles, Shinetoply, Toms home, Union of Arts Toy factory, Jinan Denghulan, Magicol Toy, Nine Spring, Qiurong Wen, Sincere brothers, rainbowfriends-plushies.com and rainbowfriendsplushies.com added to case caption.

NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendant

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.

SUMMONS Returned Executed by Garrett Fletcher, Bryan Fletcher as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/29/2023, answer due 1/19/2024.

Declaration of Trevor C. Talhami

(Exhibit A)

NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendant

NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendants

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 1/22/2024. A telephone status hearing is set for 2/28/2024 at 9:15 a.m. Please note, the dial in information has changed. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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 Bryan Fletcher, Garrett Fletcher as to Certain Defendants

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for entry of default, MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for entry of default, motion for default judgment, 40

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 41

(Exhibit 1)

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 2/28/2024 is vacated. A telephone hearing as to the motion for entry of default, motion for default judgment 40 is set for 1/31/2024 at 8:45 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 1/31/2024. No one appeared on behalf of any defendants. For the reasons stated on the record, the motion for entry of default, motion for default judgment [40] is granted. Plaintiff's counsel is to either send a proposed default judgment order with a revised statutory damages amount, or file a renewed motion for default judgment. Civil case terminated. Mailed notice.

NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendants

FINAL Default Judgment Order. Signed by the Honorable Thomas M. Durkin on 2/6/2024. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

FULL SATISFACTION of Judgment regarding order 46 in the amount of $100,000 as to certain defendants

MAILED trademark report with certified copy of minute order dated 1/31/2024 to Patent Trademark Office, Alexandria VA.

FULL SATISFACTION of Judgment regarding order 46 in the amount of $150,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 46 in the amount of $150,000 as to certain defendant