2023-cv-16238

COMPLAINT filed by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.; Filing fee $ 402, receipt number AILNDC-21362977.

Exhibit Exh. 1 - An Infringing Product Listing

Exhibit Exh. 2 - U.S. Pat. No. D980,990

Exhibit Exh. 3 - Intellectual Property Rights Seizure Statistics

Exhibit Exh. 4 - Alibaba, Amazon, and Counterfeiting in the Age of the Internet

Exhibit Exh. 5 - Combating Trafficking in Counterfeit and Pirated Goods

(Exhibit Exh. 6 - U.S. PTO Communication)

ATTORNEY Appearance for Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. by Depeng Bi

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.

SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. Sealed Schedule A to Complaint

ATTORNEY Appearance for Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. by Konrad Val Sherinian

CIVIL Cover Sheet

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 1).

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 Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for temporary restraining order

MEMORANDUM motion for temporary restraining order 7 by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.

DECLARATION of Konrad Sherinian regarding motion for temporary restraining order 7

Exhibit Exh 1 - Intellectual Property Rights Seizure Statistics

Exhibit Exh. 2 - Hague Convention

Exhibit Exh 3 - Civil Procedure of the People's Republic of China

(Exhibit Exh 4 - Binder of Unpublished Decisions)

DECLARATION of Yulin Zhou regarding motion for temporary restraining order 7

(Exhibit Exh. 1 - US Pat D980,990)

SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. Exh. 2 - Dec. Yulin Zhou - Stores 1-40

SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. Exh 2 Dec Yulin Zhou Stores 41-79

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. to seal Schedule A to Complaint and Exhibit 2 to Declaration of Yulin Zhou

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for leave to file brief with excess pages

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 1).

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 Martha M. Pacold: For the reasons set forth in the motions 7, 13, 14 filed by plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd., the supporting memorandum 8, and the temporary restraining order, plaintiff's motions for leave to file certain documents under seal 13, for leave to file excess pages 14, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 7 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 the offering of products for sale 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 11/30/2023:

MAILED Patent report to Patent Trademark Office, Alexandria VA

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for extension of time extnd TRO to 12/28/2023

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for preliminary injunction

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction 21. 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 12/29/23. Plaintiff shall promptly serve defendants with this notice and file a certificate of service. The court has also received plaintiff's motion to extend the TRO 19. For the reasons stated in the motion 19, in the Court's orders entering the TRO 15, 16, and in plaintiff's memoranda in support of plaintiff's motions for a temporary restraining order 8 and preliminary injunction 22, 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). To the extent 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.

CERTIFICATE of Service by Konrad Val Sherinian on behalf of Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. regarding order on motion for extension of time, set motion and R&R deadlines/hearings, 24

NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.

(Exhibit First Amended Schedule A)

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.

AMENDED First Amended Schedule A as a separate entry on the docket

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. to amend/correct pleadings - Schedule A

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. to amend/correct Second Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to amend Schedule A to the complaint 30 is granted. Defendants No. 4 Wei Bo Trading Co. Ltd., No. 16 Zhuo Mei Heng Tong Trade Co. Ltd., No. 21 Fashion BOYuan, and No. 30 Liuyuchen are dismissed. Plaintiff has already filed an Amended Schedule A form on the docket 31. Plaintiff's amended Schedule A form appears to have been mistakenly designated on the docket as a motion, however 31. Plaintiff is advised that although a motion for leave to amend should be designated as a motion (as plaintiff's most recent motion was designated 30), the separate amended schedule A document should not be designated as a motion. Additionally, upon submitting a motion for leave to amend the Schedule A form, plaintiff should submit to the court's proposed order inbox a revised version of any proposed order that is currently pending with the court. Here, since plaintiff has previously submitted a proposed order on plaintiff's motion for a preliminary injunction 21, plaintiff should submit to the court's proposed order inbox by 1/24/24 a new version of plaintiff's proposed order that has been revised to remove the newly dismissed defendants.

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for default judgment as to remaining defendants FILED on the incorrect docket. Modified on 2/12/2024.

MEMORANDUM by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. in support of motion for default judgment 33 FILED on the incorrect docket. Modified on 2/12/2024.

(Exhibit List of Defaulting Defendants)

DECLARATION of Konrad Sherinian regarding motion for default judgment 33 FILED on the incorrect docket. Modified on 2/12/2024.

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for default judgment as to remaining defendants - CORRECTED

MEMORANDUM by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. in support of motion for default judgment 36 CORRECTED

(Exhibit List of Defaulting Defendants)

DECLARATION of Konrad Sherinian regarding motion for default judgment 36

NOTICE of Correction regarding 33, 34, 35.

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 Schedule A to the complaint 4 to the court's docket within five business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 2/20/2024:

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for default judgment 36. The court will take the motion under advisement and will consider it unopposed if defendants do not appear and object by 2/27/2024. Plaintiff shall promptly serve defendants with this notice and file a certificate of service on the docket.

CERTIFICATE of Service by Depeng Bi on behalf of Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.

NEW PARTIES: Pavkey Products, renyu2918, yuanxin009, Wei Bo Trading Co., Ltd., maopo, Yunshao Qijian, bigbig111, yaolele2134, qianlei6393, ZZXzhengzhixi, yanlinglll, iamnotcool, luojiasheng, linpengsope, daichangyao4945, Zhuo Mei Heng Tong Trade, xd865, Brandon P Mitchell, CHild Prodigy Store, yangcong2134, Fashion BOYuan, time1234567, DecHomeLover, yanghongsheng5118, chencong2134, SHARK, Clickeo, liyuebin5409, Otecola, Liuyuchen, FD8569, Ghuncornet Cava, Brand Mall, yanjinhui2286, Sunny Store-753, mopan, 32simplet, dabaozha, Fire of Stars, Hillsback, Lucky QAQA, Clebourg Clairet, dalehowdin, Shiny Shop1988, YXHM QUEEN and lingyeqin added to case caption.

NEW PARTIES: Shenzhen Optical Valley Lighting Technology C., HH_mango, FireGluvzDOTCOM, dandelion002 and XMTB2O7XZ added to case caption.

NEW PARTIES: IG fashion Co., Ltd., ZWJweijian, richmoney, yuanxin008, caopp, huijuanfan, Superhero, Hekiway, sunzhao780801, vinice, brighturlifee, AWL personal care store, Art Zone, Art Zone, FGCC, Reddy4, dandelion001 and yuanxin001 added to case caption.

NEW PARTIES: shuangying2020, Hello Nicola, N1ARSTOREOFFICIAL, ancientdivination, zhouxuejiao5550, xiyoudrink, wangenyuan2134, chejietong, Suli Store, CSA SYSTEMS, wangjingshuiguo, POLLFIRE, fairyland, jianhua66, Fenas, liangzhijun0998 and maruJack added to case caption.

NEW PARTIES: space12345678, zhonghuayan, songjiang-xiaochidian, liuyayun668 and wuyuqing4932 added to case caption.

NEW PARTIES: ONTARIOCORP1000359435 added to case caption.

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 2/20/2024. Mailed notice

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 36. The motion 36 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 amounts reflected in the attached default final judgment order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of plaintiff's design patents causes plaintiff irreparable harm in the form of 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 ten thousand dollars ($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 The Law Offices of Konrad Sherinian, LLC, 1755 Park Street, Suite 200, Naperville, IL 60563, via certified mail. Enter Default Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 2/28/2024. Mailed notice

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 2/28/2024. Mailed notice

MAILED Surety bond $10,000 18 to Law Offices of Konrad Sherinian, LLC, 1755 Park Street, Suite 200, Naperville, IL 60563 via certified mail article # 7022 3330 0001 8848 9413.

RETURN of U.S. Post Office Receipt, article no. 7022 3330 0001 8848 9414. (Received in the Mailroom on 3/7/24)