2024-cv-00445

COMPLAINT filed by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.; Filing fee $ 405, receipt number AILNDC-21537534.

Exhibit Exh. 1 - An Infringing Product Listing

Exhibit Exh. 2 - U.S. Pat. No. D980,990 and Copyright Reg. VA 2-343-827

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

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

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

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

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(Exhibit Exh 4 - Binder of Unpublished Decisions)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 - Intellectual Property)

SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. Exh 2 to Dec Yulin Zhou Main Doc Stores 1 - 57

(Supplement Stores 58-113)

MAILED patent report to Patent Trademark Office, Alexandria VA.

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

NOTICE of Motion by Konrad Val Sherinian for presentment of motion for leave to file excess pages 9, motion to seal 14, motion for temporary restraining order 7 before Honorable John Robert Blakey on 1/24/2024 at 11:00 AM.

Document Corrected NOTICE of Motion by Konrad Val Sherinian for presentment of motion for leave to file excess pages 9, motion to seal 14, motion for temporary restraining order 7 before Honorable John Robert Blakey on 1/24/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion to seal 14 and motion to exceed the page limit 9. The Court also finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged that "Defendants create e-commerce stores operating under one or more Seller Aliases that are making, using, offering for sale, selling, and/or importing into the United States for subsequent sale or use Infringing Products to unknowing consumers," and that e-commerce stores operating under the Seller Aliases "share unique identifiers establishing a logical relationship between them, suggesting that Defendants' operation arises out of the same transaction, occurrence, or series of transactions or occurrences." 1 5. Plaintiff also alleges (and supports its allegations with Yulin Zhou's declaration) that, even though Defendants operate under multiple fictitious aliases, "the ecommerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use. E-commerce stores operating under the Seller Aliases include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images. Additionally, Infringing Products for sale by the Seller Aliases bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." 1 19; 11 15. Plaintiff alleges that Defendants "are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products in the same transaction, occurrence, or series of transactions or occurrences." 1 22; 11 18. For present purposes, this satisfies the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2), and Plaintiff may proceed against the identified Defendants in this single action. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 7. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 2/6/24. The 1/24/24 Notice of Motion date is stricken. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 1/23/2024. Mailed notice

SURETY BOND in the amount of $ 10,000.00 posted by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Document not scanned). Modified on 1/26/2024.

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for extension of time extend TRO

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 20 to extend the temporary restraining order entered 1/23/24 18. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 2/20/24. The 2/7/24 Notice of Motion date is stricken. Mailed notice

SUMMONS Issued as to Defendant THE PARTNERSHIPS and all other Defendants identified in the Complaint"

SUMMONS Returned Executed by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. as to THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A" on 2/1/2024, answer due 2/22/2024.

(Declaration Declaration of service)

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

MEMORANDUM by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. in support of motion for preliminary injunction 24

DECLARATION of Konrad Sherinian regarding motion for preliminary injunction 24

(Exhibit Binder of Unreported Decisions)

NOTICE of Motion by Konrad Val Sherinian for presentment of motion for preliminary injunction 24 before Honorable John Robert Blakey on 2/7/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court takes Plaintiff's motion for preliminary injunction 24 under advisement, strikes the 2/7/24 Notice of Motion date, and resets the matter for hearing on 2/21/24 at 11:00 a.m. in Courtroom 1203. Mailed notice

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

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 29, this case is dismissed with prejudice as to Defendant yibeisi (17). Mailed notice

MINUTE entry before the Honorable John Robert Blakey: To accommodate the Court's trial schedule, the 2/21/24 hearing on Plaintiff's preliminary injunction motion 24 is stricken and reset for 2/28/24 at 11:00 a.m. in Courtroom 1203. Mailed notice

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

MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 32, this case is dismissed with prejudice as to the following Defendants: Crave Entity (No. 46); Honeyya (No. 105); MINIJOY Life Shop (No. 59); Te lai yue bai huo (No. 24). Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 2/28/2024. Plaintiff appeared and no Defendants appeared or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction 24. Accordingly, and based upon the same findings made in this Court's TRO 18, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 24. Enter Preliminary Injunction Order. The Court directs the Clerk 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. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. By 3/29/24, Plaintiff shall file a status report regarding the status of service of process, settlement discussions, and any further information that Plaintiff wishes to bring to the Court's attention. Telephonic status hearing set for 5/7/2024 at 11:00 a.m. Counsel shall call into 877-402-9753 and use participant code 9955840. 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

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 2/28/2024. Mailed notice

NEW PARTIES: B.DANDONG03, MOUSE DREAMS, Nouramjad, QTZFKFLHD and YuQinZ added to case caption.

NEW PARTIES: B.YANGXIAODAN04, qjkfhkjfsmm, American stores deliver 777 goods in 48 hours, Shop 888, TaiYuanYouQingShangMao, NIXRET, JADA Store, DouWenHang1, Dark Yellow, yibeisi, OILKOH, Posture Guy Mike, Reseldda, FINFG.IUN, Sunmix Outdoor, Tatibana, Te lai yue bai huo and LITHFEQA added to case caption.

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

NEW PARTIES: MvdShop, LANGU, Waladaseller, Ciujoy, ZANER YIKUBING, Pro Sports Outlet 2023, chenxi--us, YUXIAOHUIFSFEF, Shawnzhang's shop, CMZ SHOP, LIUTINGMAO, RENSISHOOP and Maiora Design added to case caption.

NEW PARTIES: why speed 7-12days, LacuTech, XXX DOE6, XXX DOE7, HCBH-US, yongjilinxunbaihuoyouxiangongsi, AWangQunDan, Rafpow1490, binchengqujingyuelanbaihuojingying-dian, Crave Entity, XXX DOE47, gubka store, kunminghanlimaoyishanghang, xundarui, ZHENG JUAN, guangzhoutingshishangmaoyouxian-gongsi, HAN-QIONG, Muggz Haven and more, XiamenGreenSprout, TooManyThingz, FeelT, CUCDOFO Store, MINIJOY Life Shop, solebell, Alieeez, MAIhuoisbigboy, DKOLTEANU, Danny US, hefeibujiesiqishangmaoyouxiangongsi, Vecom-Home, KuiChe, JCAkejiyouxiangongsi, yuannadianzi and ZhaFong added to case caption.

NEW PARTIES: Dandelion.store, YH US, rprshop, lvxuyyse and zanmeibierenaiziji added to case caption.

NEW PARTIES: PapoS, The A-B Store, yanshihao-us, liuchangshengshanghang, MMMOOOLLL, LINGYA, Li Li Shop, WANGYQSHOP, JakesTings, Blue Light Century, Rosy Taylor's, RetailDeals1738 and MyBestMe365 LLC added to case caption.

NEW PARTIES: xue long03us, WEIGENGZHANGdianzishangwuy-ouxiangongsi, Super-Star Market, XXX DOE92, XXX DOE93, GlobalPulse, Tiger fei, nonoyiyimm, SMDISTRIBUTION, OCEANLEAF, MaoMaoCha, Kyle Lin, youguansheng, Furkish, Auyate, tryand, Honeyya, WATER SPREAD CLOUD 939843 TRADE STORE, ABRARCH LLC and SLEEK TURTLE TWILIGHT 837439 TRADE STORE added to case caption.

NEW PARTIES: DIGNITY STYLE DAZE 734382 TRADE STORE, SWEET STAR TECH 734935 GOOD STORE, xhj-xinxin, C.YANGXIAODAN07 and Techwhiz added to case caption.

NEW PARTIES: Jingyao Dianzi Shangwu Gonzuoshi, Kai Ni Ge, Wang Li Shang Mao Hang, Wang Le De Xiao Dian and Lu Jin Feng De Dian Pu added to case caption.

MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for default judgment as to Defendants Identified in the List of Defaulting Defendants

MEMORANDUM by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. in support of motion for default judgment 37

Exhibit Exh. 1 - List of Defaulting Defendants

Exhibit Exh. 2 - White Paper on Remixes, First Sale, and Statutory Damages

(Exhibit Exh. 3 - Out of Cycle Review)

DECLARATION of Konrad Sherinian regarding motion for default judgment 37

NOTICE of Motion by Konrad Val Sherinian for presentment of motion for default judgment 37 before Honorable John Robert Blakey on 3/13/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 34, this case is dismissed with prejudice as to the following Defendants: MaoMaoCha 99; SLEEK TURTLE TWILIGHT 837439 TRADE STORE 108; and xundarui 50. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 3/13/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for entry of default judgment 37 is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 3/13/2024. Mailed notice

MAILED patent report to Patent Trademark Office, Alexandria VA

MAILED copyright report to Registrar, Washington DC

FULL SATISFACTION of Judgment

STATUS Report by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.

FULL SATISFACTION of Judgment

FULL SATISFACTION of Judgment