2024-cv-00165

COMPLAINT filed by Kelly Toys Holdings, LLC; Filing fee $ 405, receipt number AILNDC-21494885.

Exhibit 1

Exhibit 2

Exhibit 3-1

Exhibit 3-2

Exhibit 4

Exhibit 5

(Exhibit 6)

SEALED EXHIBIT by Plaintiff Kelly Toys Holdings, LLC Schedule A regarding complaint, 1

MOTION by Plaintiff Kelly Toys Holdings, LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kelly Toys Holdings, LLC

Notice of Claims Involving Trademarks by Kelly Toys Holdings, LLC

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Berel Yonathan Lakovitsky

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Andrew Daniel Burnham

CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

MAILED Trademark report to Patent Trademark Office, Alexandria VA

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

MOTION by Plaintiff Kelly Toys Holdings, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for temporary restraining order 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Jeremy Padawer regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3-1

(Exhibit 3-2)

SEALED EXHIBIT by Plaintiff Kelly Toys Holdings, LLC Exhibit 4 - Parts 1-10 regarding declaration 16

Exhibit 4-1

Exhibit 4-2

Exhibit 4-3

Exhibit 4-4

Exhibit 4-5

Exhibit 4-6

Exhibit 4-7

Exhibit 4-8

Exhibit 4-9

(Exhibit 4-10)

MOTION by Plaintiff Kelly Toys Holdings, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for miscellaneous relief 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 18, motion for leave to file 3, motion for temporary restraining order 13 before Honorable Virginia M. Kendall on 1/17/2024 at 09:00 AM.

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 1/17/2024. Plaintiff's Motion for leave under seal 3 and Motion for electronic service of process 18 are granted. Plaintiff's Sealed Motion for Temporary Restraining Order 13 is granted and shall remain in effect up to and including 1/31/2024. Sealed Order to follow. Status hearing set for 1/31/2024 at 9:00 AM. Mailed notice

SEALED Temporary Restraining Order signed by the Honorable Virginia M. Kendall on 1/17/2024. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

SURETY BOND in the amount of $ 10,000.00 posted by Kelly Toys Holdings, LLC (Document not scanned).

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to a certain Defendant

MOTION by Plaintiff Kelly Toys Holdings, LLC for preliminary injunction as to certain Defendants

(Exhibit A)

MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for preliminary injunction 26

Declaration of Berel Y. Lakovitsky

(Exhibit 1)

NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion for preliminary injunction 26 before Honorable Virginia M. Kendall on 1/31/2024 at 09:00 AM.

(Exhibit A)

SUMMONS Returned Executed by Kelly Toys Holdings, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/26/2024, answer due 2/16/2024.

Declaration of Andrew D. Burnham

(Exhibit A)

MINUTE entry before the Honorable Virginia M. Kendall. Status and Motion hearing set for 1/31/2024 is reset for 9:30 AM (PLEASE NOTE TIME CHANGE ONLY). Mailed notice

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 3/7/2024. Plaintiff's Motion for Preliminary Injunction [26] is granted. Order to enter. Status hearing set for 3/7/2024 at 9:00 AM. Mailed notice

PRELIMINARY Injunction Order signed by the Honorable Virginia M. Kendall on 1/31/2024. Mailed notice

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendant

NEW PARTIES: Yangzhou Yu Chen Textile Products Co., Ltd., Shop1103181227 Store, A2P0Y02TJZL986, A388903BUZVEZ3, A3V8A4TC0VQ3VK, BeanFun 682, cainapingdexiaodian, CAO ZHI HAO, Carlion DIRECT, ChenSiYuan8, CKCCDZ-US, CNWH, DISPRA, douqiusongshangmao, FAWALOEN, FeiL-US, FONBALLOON PARTY, Fordmever, FUNPARTY US, GCYHOME, Grain Rain Store, HADAN STORE, Hasslly, HOOTWL, HSJKAKLXC, HuaWeiZhe, HUYGTR, HYYJL, JinHanRanBaiHuo US, Jupiter Creature, KMHSYSMYXGS, kunmingchouchanshangmaoyouxiangongsi, Lianmei self-employed, litianjiandejingpindianpu, little boy shop, liuxi-us, Liuxling-PARTY SUPPLIES and liweibin1122 added to case caption. (Text entry; no document attached.)

NEW PARTIES: Lucky Ten Times, maiqin, manmaxiaowanzi, Manmiao, MU Happy Party, Naletee, NAVWOD, QIYUE Store, Shaoguanshichuchengdianzishangwuyouxiangongsi, SHWfcwy, SHYU ON line, Sonyeea, TeLaiDian, TIANXIN888, UCIBO, WANG-SHIHAO, WUSHUANGs, Xiaoningmeng-us, YATAR SHOP US, Yiwanlai, yongchunjingchuangmaoyiyouxiangongsi, YOUCAI001, YOUR love ppptt, YuanQiuSS, YU-CHENGWEI, zhangminglaoidedian, zhengguominde, ZHOU YI123, zhouhaobaihuodian, Zhoushuimu, ZHUWEN-US, cbej, czou, encharm, gt9q, kellop, shoes_charm, vs0q, wdkdk99, card-1688, cherish_2023, fxf187345, guocale_50, htuworldshopping, ku5-45, lls_4229, make-7028, manhong6678, mingfu22, natsaf56, pej489, pengyu0527, quhaitaottbh, three2546, wangshiyao, wangxudong04, wenping2023, wojtasze-4, yanshengdu, yiqichua82, zhan-6873, zuolinbaihuo, bird, Charms Maker, CULPEOFOX, DIY FUN, Girl Heart Screening, HAZWEOU, HENGSHI, JJPET, KUKIab, LUCK LIFE HOME, skyleshine, Trongyi, Vlumioxn Shop, ZHDWC, BREIS, CHOOOAN, COFEST, DagobertNiko, EJWQWQE, Emon-Water Filter Store, HFY Marketplace LLC, huahua, LingyuKejiyouxian Co.ltd, Lopecy-Sta, Noetoy, N's Clothes, ONXE, Rewenti, SENCU, ShenZhen Yi Mi Da KeJi GongSi, TUTUnaumb, Vntub, YiFudd, YiXing TOYS LLC, wubinian8723 and Y&P Mall added to case caption. (Text entry; no document attached.)

NEW PARTIES: Yangzhou Yu Chen Textile Products Co., Ltd., Shop1103181227 Store, A2P0Y02TJZL986, A388903BUZVEZ3, A3V8A4TC0VQ3VK, BeanFun 682, cainapingdexiaodian, CAO ZHI HAO, Carlion DIRECT, ChenSiYuan8, CKCCDZ-US, CNWH, DISPRA, douqiusongshangmao, FAWALOEN, FeiL-US, FONBALLOON PARTY, Fordmever, FUNPARTY US, GCYHOME, Grain Rain Store, HADAN STORE, Hasslly, HOOTWL, HSJKAKLXC, HuaWeiZhe, HUYGTR, HYYJL, JinHanRanBaiHuo US, Jupiter Creature, KMHSYSMYXGS, kunmingchouchanshangmaoyouxiangongsi, Lianmei self-employed, litianjiandejingpindianpu, little boy shop, liuxi-us, Liuxling-PARTY SUPPLIES and liweibin1122 added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

SUMMONS Returned Executed by Kelly Toys Holdings, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/8/2024, answer due 2/29/2024.

Declaration of Andrew D. Burnham

(Exhibit A)

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 3/7/2024 at 9:00 AM stands and will now proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov You can use the dial in option ONLY if you do not have access to a device with video capability: (650)-479-3207, the access code is: 180 698 4009. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 1-650-479-3207 and the call-in Access Code is 180 698 4009. Any party calling in is reminded to please mute their phones/devices. 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 Virginia M. Kendall. On the Court's own Motion, Status hearing set for 3/7/2024 is reset for 3/8/2024 at 9:00 AM and will remain proceeding vie Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov You can use the dial in option ONLY if you do not have access to a device with video capability: (650)-479-3207, the access code is: 180 698 4009. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 1-650-479-3207 and the call-in Access Code is 180 698 4009. Any party calling in is reminded to please mute their phones/devices. 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 Kelly Toys Holdings, LLC as to certain defendant

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Jennifer Van Nacht

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 3/8/2024 via Webex. Plaintiff's Counsel reports they are working on resolution with Defendants. Status hearing set for 3/28/2024 at 9:00 AM. Mailed notice

MOTION by Plaintiff Kelly Toys Holdings, LLC for entry of default, MOTION by Plaintiff Kelly Toys Holdings, LLC for default judgment as to all Defendants with the exception of a certain Defendant

Exhibit A

MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for entry of default, motion for default judgment, [44]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[45]

Exhibit 1

NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion for entry of default, motion for default judgment, [44] before Honorable Virginia M. Kendall on 3/18/2024 at 09:00 AM.

Exhibit A

MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 3/18/2024 is reset for 3/28/2024 at 9:00 AM. Mailed notice

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

MOTION by Plaintiff Kelly Toys Holdings, LLC to approve consent judgment as to defendants zhouhaobaihuodian and ShenZhen Yi Mi Da KeJi GongSi

(Exhibit A)

NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion to approve consent judgment 50 before Honorable Virginia M. Kendall on 3/28/2024 at 09:00 AM.

(Exhibit A)

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 3/28/2024 at 9:00 AM will now proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov You can use the dial in option ONLY if you do not have access to a device with video capability: (650)-479-3207, the access code is: 180 698 4009. 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 Virginia M. Kendall. Motion and Status hearing held on 3/28/2024 via Webex. Plaintiff's Motion for entry of Default and Default Judgment against Defendants as outlined in Schedule A 44 is granted. Enter Order of Default as to Defendants as outlined in Schedule A. Final Judgment Order to follow. Plaintiff's Motion for Consent Judgment as to Defendants zhouhaobaihuodian and ShenZhen Yi Mi Da KeJi GongSi 50 is granted. Consent Judgment to enter. Mailed notice

CONSENT Judgment signed by the Honorable Virginia M. Kendall on 3/28/2024. Mailed notice

FINAL Judgment Order signed by the Honorable Virginia M. Kendall on 3/28/2024. Civil case terminated. Mailed notice

FULL SATISFACTION of Judgment regarding order, terminated case[55] as to certain defendants

FULL SATISFACTION of Judgment regarding order, terminated case[55] in the amount of $150,000 as to certain defendant