2023-cv-16861

COMPLAINT filed by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-21431888.

Exhibit One (Trademark Registration)

Exhibit Two (Copyright Registration with Sample)

Exhibit Three (CBP Report)

Exhibit Four (Law Review Article)

(Exhibit Five (DHS Article))

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation by Lydia Pittaway

SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation

ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation by Michael Thomas Stanley

MAILED trademark report to Patent Trademark Office, Alexandria VA.

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Maria Valdez. 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.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

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.

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) AND MEMORANDUM OF LAW

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation FOR THIRD PARTY EXPEDITED DISCOVERY AND INCORPORATED MEMORANDUM OF LAW

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to seal

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for TRO 15 is taken under advisement. The plaintiff is directed to submit a proposed order on the motion, including the amended schedule A, in Microsoft Word format to the Court's proposed order inbox, Proposed_Order_Tharp@ilnd.uscourts.gov. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for TRO 12 is denied without prejudice. The complaint and motion for TRO assert violations of both the plaintiff's copyright and trademark; however, the Exhibit D to Decl. of Jun Wu Evidence only appears to demonstrate potential violations of the plaintiff's copyright. Accordingly, the motion is denied, and the plaintiff has leave to either (1) reassert its complaint and motion for TRO only on the basis of copyright violations or (2) provide further evidence that the defendants violated plaintiff's mark, including a breakdown of which defendants violated the copyright, trademark, or both. The renewed filings, including a renewed proposed order if appropriate, are due 1/24/24. Mailed notice

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for reconsideration regarding terminate motions, [18] ON PLAINTIFF'S MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER [DOC. 12] and MOTION FOR RULING ON MOTION FOR ALTERNATE SERVICE [DOC. 13] AND MOTION FOR EXPEDITED DISCOVERY [DOC. 14]

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for reconsideration of the denial of the plaintiff's motion for TRO 19 is denied. Upon further review, the Exhibit 2 to the Declaration presenting screenshots of the alleged infringements does not appear to correspond to the plaintiffs on the amended schedule A. The plaintiff is directed to refile, under seal, the exhibit 2 to show preliminarily plausible copyright and/or trademark infringements by all defendants (in a clear and organized manner identifying which screenshots correspond to which defendants, as well as whether the asserted copyright, trademark, or both are allegedly being infringed by each defendant). To the extent that any refilings have any effect on the text of a proposed order, the plaintiff is directed to send a renewed proposed order in word format to the Court's proposed order inbox. Mailed notice

SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AMENDED EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER, INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT AND EXPEDITED DISCOVERY AND INCORPORATED MEMORANDUM OF LAW

Exhibit One (Declaration of L. Pittaway)

Exhibit Two (Side by Side Evidence of Trademark Infringement)

Exhibit Three (Side by Side Evidence of Copyright Infringement)

(Exhibit Four (Evidence with Commentary))

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO 12 is granted. Plaintiff's motions for leave to file under seal 15, motion for third party discovery 14, and for electronic service of process 13 are granted. Enter temporary restraining order. Mailed notice

SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 2/15/2024. Mailed notice

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for temporary restraining order Extension of Fourteen Days

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 25 is granted. Enter order. Mailed notice

EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 2/23/2024. Mailed notice

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for preliminary injunction

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction 29 is taken under advisement. Any objection or response is due before 3/14/24. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before March 14, 2023. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 22 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 6/30/23 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice

PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 3/14/2024. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: The Court's 3/14/24 minute entry is corrected as follows. On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 22 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 3/23/24 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice

NEW PARTIES: AnJieLu, apculy, Dfuvm, FABFEGU, FangBeiJiShuFuWuBu, foshanqinaxiangmaoyiyouxiangongsi, foshanshinanhaiquyukemanmaoyiyouxiangongsi, foshantuoxinyuanmaoyiy, foshantuoxinyuanmaoyiyouxiangongsi, gao wen, gaoyanxinMG, guang zhou xin ru rong zhong biao you xian gong si, guangzhouzhenyu12, GZXDSY, Haibara Ai, hinojiftcresnjkhiu, huaquyuedu, huishengyuan, HYUIYYEAA, idolleij, Jerry lee shop Delivered 8-15 Days, jiangping202102, jiayukuajing, jiujiangshihejiaojieshangmaoshanghang, JKRED, Jolincc store, jujianhongamz, Kauounady, Kenndkji, Kiosan, KJGH, Kmasnf, Kvasira Anh, LE THE HIEP SHIOPP, LIbby, LQQHHS and Lunafina added to case caption. Terminating -Reasoncool

Terminating AnJieLu

Terminating Dfuvm

Terminating GZXDSY, HYUIYYEAA, Haibara Ai, JKRED, Jerry lee shop Delivered 8-15 Days, Jolincc store, KJGH, Kauounady, Kenndkji, Kiosan, Kmasnf, Kvasira Anh, LE THE HIEP SHIOPP, LIbby, LQQHHS, Lunafina, apculy, foshanqinaxiangmaoyiyouxiangongsi, foshanshinanhaiquyukemanmaoyiyouxiangongsi, foshantuoxinyuanmaoyiy, foshantuoxinyuanmaoyiyouxiangongsi, gao wen, guangzhouzhenyu12, hinojiftcresnjkhiu, huaquyuedu, huishengyuan, idolleij, jiangping202102, jiayukuajing, jiujiangshihejiaojieshangmaoshanghang, jujianhongamz, FABFEGU and FangBeiJiShuFuWuBu

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for entry of default pursuant to Fed.R.Civ.P. 55(a)

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment against defendants nos. 1-10 [36] is taken under advisement. Any objections or responses are due by 4/12/24. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 4/4/24. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order and (2) sending an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. Mailed notice

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for default judgment as to Def. No. 1-10 pursuant to Fed.R.Civ.P. 55(b)

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment against defendants nos. 1-10 39 is taken under advisement. Any objections or responses are due by 4/17/24. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 4/9/24. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order and (2) sending an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. Mailed notice

NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation as to Def. 5 (CTXXUN) and Def. 7 (Dongm)

CERTIFICATE of Service by Lydia Pittaway on behalf of Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 41 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 5 and 7 are dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 39 is granted. Enter default judgment order. Civil case terminated. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 4/15/2024. Mailed notice