2023-cv-16246

COMPLAINT filed by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.; Filing fee $ 402, receipt number AILNDC-21363432.

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)

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

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

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

MAILED patent report to Patent Trademark Office, Alexandria VA.

CIVIL Cover Sheet

CASE ASSIGNED to the Honorable Manish S. Shah. 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

Errata Exh 2 - Hague Convention on the Service Abroad

Errata 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(Exhibit Exh 4 - Binder of Unpublished Decisions)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 to Dec Yulin Zhou

Exhibit Stores 41-80

(Exhibit Stores 81-118)

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. to seal document 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

NOTICE of Motion by Konrad Val Sherinian for presentment of motion for leave to file 13, motion to seal document 12, motion for temporary restraining order 7 before Honorable Manish S. Shah on 12/5/2023 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Judge Shah is not hearing motions on 12/5/23. Plaintiff has leave to re-notice its motions for presentment on another date. Notices mailed.

NOTICE of Motion by Konrad Val Sherinian for presentment of motion for leave to file 13, motion to seal document 12, motion for temporary restraining order 7 before Honorable Manish S. Shah on 12/6/2023 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions 7 12 13 are granted, and no appearance on the motions is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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 is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court requires security in the amount of $100,000 to secure the injunctive relief against over 100 defendants, because the asset freeze likely will interfere with other non-infringing sales causing damage if the TRO is wrongfully entered. Enter Sealed Temporary Restraining Order. Notices mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 12/5/2023. Notices mailed.

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for extension of time for TRO until Jan. 2, 2024

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

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time [20] is granted, and no appearance on the motion is necessary. The TRO is extended to 1/2/24. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 23 is granted. Enter Preliminary Injunction Order. 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 court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Manish S. Shah on 12/19/2023. Mailed notice.

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

NEW PARTIES: Yiwu fengqi fitness equipment, Ideal future, Possible, Shenzhen Xinghan Electronic Si, Decisive, Animation toys, Xinghan The ONE, JingYiKeJi, YZLSPORTS, Qianmeng excellent product, DIYPrint, weijianzheng, Dongguan Watt Silicone Mold Co, YI CHENG, YANGJINHUA, Caomushoping, AIYOGA, SLURERBE, Volitant, Micah, Cocalero, HZ Zhenning Technology, ToLugui, Irenehome, Sunday Outdoor Shop, baiyida, sosoland, giraffe, JIAQISPORT, fintess, HZ Mike Technology, YFCC, ZYDepartment, YinLan, Xuesheng, Peiqi Fashion, UKELAI, Fitness Factory, KUERBODY, Jarley, CYY Shop, O KE, MLG, ZXF factory, WOOJACK, Lawn Garden shop, Cinsey Home, Lulu Home Gadgets, COMTOP, SELERS, Hi Sco Life Hall, lizopolo, Go health Outdoor Products, Niuluze, Duoli, Glittering CY, MKEB, xiniukeji, Sincere gift, ZHONG KO, KENSOSO, YangYang Supplies, Lynva Creative Life, sunny mimi, AliceFeng, A lifetime of true love, XILAIYA, Jinanhongyuan, RyanAu, WUYUEYUE, Famous insulation cup, WIZFOKO, Kang Household Goods and YiDung added to case caption.

NEW PARTIES: Sunrise Culture Love, FITZONE, XinYiGuoFFF, Propagate, Reputation shopping, WICEN, METABEST, Secret Home, CY Home Series, Wind edge clothing, YEUNG HOME, Home furnishing city, Insect control, CassyJil Outdoor, Linson Sporting Goods, HuangShuai, legend tree, Dear make friends, Shuai Shuai home shoes and, Raccoons, ROOFTREE, HL Sporter, Naina, Funny Big Shot, SPAISEN patch, Yan huang, langyuanfushi, Homemart, Diandian Toys, HCY HOME, GOOD THING, nice surprise, FitPro, BoBing, ChiYingCY, Fitness seller, AIESON, FITNESS CENTER, EVENTOYS, Yanjin Trading, WEILORI, abc super factory, Laicbua and ZYF HOME added to case caption.

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

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 Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.

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

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

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

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

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

MEMORANDUM by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. in support of motion for default judgment 39

EXHIBIT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. Exh 1 to Memorandum - List of Defaulting Defendants regarding memorandum in support of motion 40

DECLARATION of Konrad Sherinian regarding motion for default judgment 39

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for leave to file corrected Declaration - Dkt. No. 42

(Exhibit Corrected Declaration)

NOTICE of Motion by Konrad Val Sherinian for presentment of motion for leave to file 43, motion for default judgment 39 before Honorable Manish S. Shah on 2/22/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. The motion for leave to file corrected declaration [43] is granted. For the reasons stated in open court, the motion for entry of default judgment order [39] is granted. Plaintiff shall file a supplemental declaration with defendants' revenue amounts included. Once submitted, the court will enter the Default Judgment Order. Notices mailed.

DECLARATION of Konrad Sherinian

MINUTE entry before the Honorable Manish S. Shah: The court has reviewed the corrected and supplemental declaration and plaintiff's proposed orders. The court declines to award the full amount requested by plaintiff when plaintiff multiplied the number of sales by $8.485, and arrived at a figure substantially greater than the amount restrained. The court appreciates that plaintiff has received insufficient information to provide a full accounting of its lost profits (or the gross revenue received by defendants), but plaintiff is now seeking substantially greater sums than plaintiff had proposed in its proposed order of 2/17/24. Without more evidence from plaintiff explaining why its new figures of revenue are a reasonable estimate of lost profits, the court is not persuaded. Instead, the court awards the minimum $250 when the amount restrained is under $250, and uses the number of sales multiplied by $8.485 when that amount is greater than $250 but less than the amount restrained. Enter Default Judgment Order and terminate civil case. Notices mailed.

DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 2/27/2024. Notices mailed.

MAILED Patent report with certified copy of minute order dated 02/27/2024 to Patent Trademark Office, Alexandria VA

FULL SATISFACTION of Judgment