2024-cv-00190

COMPLAINT filed by Svenja Schmitt; Filing fee $ 405, receipt number AILNDC-21498267.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SCHEDULE A by Plaintiff Svenja Schmitt Schedule A to Complaint 1 Modified on 2/2/2024.

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Svenja Schmitt by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Svenja Schmitt by Yanling Jiang

ATTORNEY Appearance for Plaintiff Svenja Schmitt by Yi Bu

ATTORNEY Appearance for Plaintiff Svenja Schmitt by Adam Grodman

ATTORNEY Appearance for Plaintiff Svenja Schmitt by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Svenja Schmitt by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Svenja Schmitt by Christopher Romero

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3).

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 Svenja Schmitt for leave to file under seal

MOTION by Plaintiff Svenja Schmitt for leave to file excess pages

MEMORANDUM in support of 13 Exparte motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of Svenja Schmitt

(Exhibit 1, of Svenja Schmitt's declaration)

EXHIBIT 2 by Plaintiff Svenja Schmitt Sealed Exhibit 2, Declaration of Svenja Schmitt regarding memorandum in support of motion, 14 Modified on 2/2/2024.

Exhibit 2-1

(Exhibit 2-2)

MAILED copyright report to Registrar, Washington DC.

(Copyrights)

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

ORDER written by the Honorable Lindsay C. Jenkins on 1/16/2024. Mailed notice. Modified on 2/2/2024.

SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 1/16/2024. Mailed notice.

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

SURETY BOND in the amount of $10,000 posted by Svenja Schmit. (Document not scanned)

NEW PARTIES: wangshangang, Stravel Outdoor, BoHao Shop, GDTNStore, Tra Store, HA MY SHOP 02, PhanVy88, Gundrios Eos, GREEN LAND USA, fengjunhao, Fashion-Saiziao, Meiwei Department Store, HYYK-US, PHELIKA US, Shanghai Dianchang Trading Co., Ltd., GZYifangda, changshamingchenmaoyiyouxiangongsi, LXJMY-US, Yestory, Mingyaah, Senlin Store, Hoodie No. 1, Best Gift 1268 and Kaizen Global Distribution added to case caption.

MOTION by Plaintiff Svenja Schmitt for preliminary injunction

MEMORANDUM by Svenja Schmitt in support of motion for preliminary injunction 19

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

SUMMONS Returned Executed by Svenja Schmitt as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/24/2024, answer due 2/14/2024.

(Declaration of Service, Keith A. Vogt)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 19 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by January 29, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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). Because 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. Mailed notice.

CERTIFICATE of Service by Plaintiff Svenja Schmitt regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, 22

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 19 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 23 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Keith Vogt, Ltd. is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. Modified on 1/30/2024. (Main Document 24 replaced on 1/30/2024).

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 1/30/2024. Mailed notice.

NEW PARTIES: QinHuanjue, VBCW, anime supermarket, anime supermarket, Tusstory, shouyangxianhoujiashanghang, strictLinr, WARM HEART COLD, Yazzy Store, Hoang Kan, VALENCIA GINGER LEE, CASEZILY, Somlatic, The Tea and Coffee House, putianshilichengquweicaimaoyiyouxiangongsi, Redida, shanshan stroe, jia&qing, New Shiny Things, panlongqufubinbaihuoshanghang, Fan shi si Department Store, KingPlusfield, HBLX, dehualaishen, Kacm, Sucor-us, HaoTI, yimingxinbaihuoshangdian, DuyManhGiftStore, MHFLAY, Onkuey, FoneExpert, Wu Jinkun, linxiantianqiaopingzonghemenshibu, CUONGFAKE, wu han dong hu xin ji shu kai fa qu xiu xiu li li, Flyily, Gale Abeop, Generic (7-15days deliveried), guohaifang and suizhoushizengduqushaoweirushangmaohang added to case caption.

NEW PARTIES: Lixing Sugar, Pucipuci, LEINTEREST, Sun&Moo, SSUYEURI-US, Smoochey, Brigen, Brigen, JSFOIRYROU *7-15 Day Delivery, Baiouyuan, XIAODONGDIAN, MINHCHEN, MMTTO, ShanXiYaSuoDianZiShangWuYouXianGongSi, crafts2018, chi hen, Yimiduo, GuangZhouHuaLiuShangMaoYouXianGongSi, daxiongmaofubao, putianshilichengqucuiqubaihuoshanghang, Original-Power, ONLINE LEGGINGS STORE, HUAANG, xintuowangluo, LINCHENGMAOYI, WIRGCUS, xinsha, BE-STRONG, Belle vie, SYHlove, LAN WHALE, Gods_Eye, wanyanbaihuo, Suxina, NGUYENTHIHONG141414, DQYYPGS and 30130 added to case caption.

NEW PARTIES: SAGEKEY, kako star123, PIOLY, tookkata, VUATUS, THUNGKARAT, HONGJIASHOP, lwlwlwl, liuchenyao888, kidunj, Yanyijiang, Yuandai Clothing CoLtd, Cozy time, World Deal, WQQZJJ, GiliGiliso, Moocorvic, VSONTOR Clothing Shop, TUTUnaumb, Moobody, US DEALS, UR BEST CHOICE, Techonline, Pink Vine, Better and Easy Life, Exclusive OutLet, LesoGood Shop, GearUP Store, Free Choice, Amacok, Vikakiooze, Jiwenxiang, JeashCHAT, Zhuoshengben., Ltd and Chengdujieshiying Co., Ltd. added to case caption.

NEW PARTIES: Grianlook, Shuntuo., Ltd, Beiwei, cllios, Surpdew Decoration Shop, SEROYE-Fashion clothing, jsaierl, ICHUANYI, HONHUZH, N's Clothes Co.ltd, Fengqque, Kizly, Binmer, simplmasygenix, YOTAMI Co. Ltd, babysbule, Penkiiy, SBYOJLPB Clearance, LYXSSBYX, PATLOLLAV, JIOAKFA Clothing Shop, Timegard Online Shop and NAMANYLE added to case caption.

NEW PARTIES: Cloud, Aihimol, Fnochy Co.Ltd, Leesechin, loopsun, Awdenio, AOOCHASLIY, TIHLMK, C-N-M-D, Inleife, CHGBMOK, TAOTEHUI, BELLZELY, UTTOASFAY Clearance, KIHOUT, Levmjia, Vivianyo HD, Stamzod, Eebuyyd, Wanghero, Pld LLC, HSMQHJWE Clothing, Mylike Clothing, Clothing and Home Decor, Zlekejiko, GWAABD Clothing, LBECLEY Clothing, KI-8jcuD Clothing, Nightingale and KUNMINGLITINGXIANGDIANZISHANGWUYOUXIANGONGS I added to case caption.

NEW PARTIES: Defendant 36, Defendant 59 and Defendant 75 added to case caption.

NEW PARTIES: Defendant 36, Defendant 59 and Defendant 75 added to case caption.

ATTORNEY Appearance for Defendants Better and Easy Life, Cozy time, Exclusive OutLet, Free Choice, GearUP Store, LesoGood Shop, Moobody, Pink Vine, QinHuanjue, Techonline, UR BEST CHOICE, US DEALS, World Deal, jia&qing by Mark K. Suri

MOTION by Defendants Better and Easy Life, Cozy time, Exclusive OutLet, Free Choice, GearUP Store, LesoGood Shop, Moobody, Pink Vine, QinHuanjue, Techonline, UR BEST CHOICE, US DEALS, World Deal, jia&qing for extension of time to file answer regarding complaint 1 (unopposed)

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants Cozy Time (118), World Deal (119), Moobody (125), US Deals (126), UR Best Choice (127), Techonline (128), Pink Vine (129), Better and Easy Life (130), Exclusive OutLet (131), LesoGood Shop (132), GearUP Store (133), Free Choice (134), QinHuanjue (25) and jia@qing (43) unopposed motion for extension of time 28 is granted. These Defendants' responsive pleading is due by March 15, 2024. Mailed notice.

MOTION by Plaintiff Svenja Schmitt for default judgment as to The Defendants Identified In The First Amended Schedule A

MEMORANDUM by Svenja Schmitt in support of motion for default judgment 30

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

ATTORNEY Appearance for Defendants Clothing and Home Decor, Nightingale by Adam Edward Urbanczyk

MOTION by Defendants Clothing and Home Decor, Nightingale for extension of time UNOPPOSED

MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendants Clothing and Home Decor, Nightingale, Cozy Time (118), World Deal (119), Moobody (125), US Deals (126), UR Best Choice (127), Techonline (128), Pink Vine (129), Better and Easy Life (130), Exclusive OutLet (131), LesoGood Shop (132), GearUP Store (133), Free Choice (134), QinHuanjue (25) and jia@qing (43). Before the Court is Plaintiff's motion [30] for entry of default and default judgment against certain remaining Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before February 26, 2024. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins:Defendants Clothing and Home Decor, Nightingale motion for extension of time [33] is granted. These Defendants' responsive pleading is due by March 18, 2024. Mailed notice.

CERTIFICATE of Service by Plaintiff Svenja Schmitt regarding order on motion for default judgment, text entry, [34]

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendants Nightingale and QinHuanjue. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [30] is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by the remaining Defendants (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $50,000 is an appropriate award of statutory damages. Enter Partial Final Judgment Order. Mailed notice.

PARTIAL DEFAULT JUDGMENT ORDER Signed by the Honorable Lindsay C. Jenkins on 2/27/2024. Mailed notice.

SATISFACTION of Judgment as to Defendant no. 99 LAN WHALE and no. 158 SBYOJLPB Clearance

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 33 Yazzy Store

MOTION by Plaintiff Svenja Schmitt to approve consent judgment Joint Motion for Entry of Consent Judgment

MINUTE entry before the Honorable Lindsay C. Jenkins:The joint motion for entry of a consent judgment as to Defendant Nightingale [42] is granted. Separate Order to issue. Mailed notice.

ENTERED CONSENT JUDGMENT AS TO DEFENDANT Nightingale Signed by the Honorable Lindsay C. Jenkins on 3/13/2024. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: On February 27, 2024, the Court entered partial default judgment. Plaintiff has live claims pending against several Defendants who are not in default, all of which appear to be represented by the same counsel. The docket reflects that their responsive pleadings are due on March 15, 2024. [29] Unless the parties take other action sooner, by March 25, 2024, Plaintiff and these Defendants shall file a joint status report that proposes a discovery plan (whether individual plans or a joint plan) and states any prospects for settlement. Mailed notice.

ANSWER to Complaint with Jury Demand by Better and Easy Life, Cozy time, Exclusive OutLet, Free Choice, GearUP Store, LesoGood Shop, Moobody, Pink Vine, QinHuanjue, Techonline, UR BEST CHOICE, US DEALS, World Deal, jia&qing

STATUS Report Joint Status Report Pursuant to [45] by Svenja Schmitt

MINUTE entry before the Honorable Lindsay C. Jenkins: A status report as to the progress of finalizing the settlement with all remaining parties is due by April 19, 2024, unless a stipulation of dismissal is filed sooner. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 25 QinHuanjue and no. 43 jia&qing

SATISFACTION of Judgment as to Defendant no. 38 Somlatic

STIPULATION of Dismissal as to multiple Defendants

MINUTE entry before the Honorable Lindsay C. Jenkins:The parties have filed a stipulation of dismissal as to the remaining Defendants 51, the terms of which are set forth therein. Civil closed closed. Mailed notice.