2024-cv-00683

COMPLAINT filed by Patent Rightsholder Identified in Exhibit 1; Filing fee $ 405, receipt number AILNDC-21571430.

Exhibit 1

Exhibit Schedule A

(Civil Cover Sheet)

EXHIBITS by Plaintiff Patent Rightsholder Identified in Exhibit 1 Exhibit 1 regarding complaint 1. Modified on 3/14/2024.

SCHEDULE A by Plaintiff Patent Rightsholder Identified in Exhibit 1 Schedule A regarding complaint 1. Modified on 3/14/2024.

ATTORNEY Appearance for Plaintiff Patent Rightsholder Identified in Exhibit 1 by Christopher George Ktenas

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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.

MAILED Patent report to Patent Trademark Office, Alexandria VA.

MOTION by Plaintiff Patent Rightsholder Identified in Exhibit 1 for temporary restraining order

(Declaration Declaration of Christopher Ktenas)

DECLARATION of Zhongde Zhang by Plaintiff Patent Rightsholder Identified in Exhibit 1 regarding MOTION by Plaintiff Patent Rightsholder Identified in Exhibit 1 for temporary restraining order 6. Modified on 3/14/2024.

Exhibit

Exhibit

(Exhibit)

MOTION by Plaintiff Patent Rightsholder Identified in Exhibit 1 to seal document exhibit 2, exhibit, 7, exhibit 3, MOTION by Plaintiff Patent Rightsholder Identified in Exhibit 1 for service by publication electronic

(Declaration Declaration of Christopher Ktenas)

BOND in the amount of $10,000.00 cashier's check, Receipt No. 100002314, posted by Ktenas Law LLC.

Order Signed by the Honorable Lindsay C. Jenkins on 2/1/2024: Plaintiff's motion for leave to file under seal 8, and ex parte motion for a temporary restraining order 6, are granted. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2, 3, and 7. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to Defendants. As other judges in this District have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice.

SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 2/1/2024. Mailed notice.

BOND in the amount of $10,000.00 cashier's check, Receipt No. 100002314, posted by Ktenas Law LLC.

REGISTRY DEPOSIT INFORMATION FORM.

MOTION by Plaintiff Patent Rightsholder Identified in Exhibit 1 for extension of time

(Declaration)

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to extend the TRO 12 is granted. The TRO is extended to February 29, 2024. Mailed notice.

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

MOTION by Plaintiff Patent Rightsholder Identified in Exhibit 1 for preliminary injunction

(Declaration)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 14 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 March 7, 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.

SUMMONS Returned Executed by Patent Rightsholder Identified in Exhibit 1 as to The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A on 3/5/2024, answer due 3/26/2024.

SUMMONS Returned Executed by Patent Rightsholder Identified in Exhibit 1

CERTIFICATE of Service Court's March 4, 2024 Order by Christopher George Ktenas on behalf of Patent Rightsholder Identified in Exhibit 1

ATTORNEY Appearance for Defendant Rivcadio Store by Hua Chen

MINUTE entry before the Honorable Lindsay C. Jenkins: A proposed preliminary injunction Order should be sent to the Court's proposed order box by March 14, 2024. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 14 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 18 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 Firm Ktenas Law, 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.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 3/13/2024. Mailed notice.

NEW PARTIES: XZJMY online store, zhangqiandedianpu, ZRCCOX, esa_bu0, JA-Online-Service, Jiji Retail, ohad_shop0, SavvaStore, TuttoInTutto, Alphabet Lore, ARUBY, ForHome, GAODE, HENGSHI, Huawuque, Iqueenla, KOWSi PLUSH, ome, Splatter Beads Gun, WowSuper and YUN YUEYUE added to case caption.

NEW PARTIES: 100FIXEO, abbageba, Aloha Toii, Bobasndm, BREIS, Dreamy Home Store, Dsseng Co., Ltd, FNNMNNR Co. Ltd, Godven, Hadanceo, Hahasong, jangslng, Kakidly, kiel, Kolababla Co. ltd, leaveforme, Lohuatrd, Mandee, Noetoy, ONXE, PIKADINGNIS, porfeet, QIUSNANB, QJUHUNG Co. Ltd, Rivcadio Store, Ruanlalo, Sarkoyar, SENCU, Skindy, SOAC, Sunjoy Tech, TOFOTL, TRF STORE, UEGEQU Co.ltd, Veronic, YIDEDE, Yihui and Zhehui added to case caption.

NEW PARTIES: Zhenxiang Information Technology Service Department, Tongan District, Xiamen City added to case caption.

NEW PARTIES: Zhenxiang Information Technology Service Department, Tongan District, Xiamen City added to case caption.

NEW PARTIES: Ololele, A-Spring-Flowers Store, Bless-all, comerss, fengyius88, GentleFang, Harrenhal, JIATUOTD, JIDOANCK, KingStone Trading, KOWSi, LEAQU, LIBER8ED GOODS, LiuPengJinUS, Minimin LLC, Moviller, Moviller, MO-YAN, NatureMan, NianBing, Nuqundoy, Ocean Heroine, Ololele, quescu, sail-star, Securitoday LLC, Simulation home, SunZhenUS, SUPRITEN, Ucy-LA, vicereine, wonunfei and Wvesvibe added to case caption.

ATTORNEY Appearance for Defendant LIBER8ED GOODS by David J. Sheikh

MOTION by Defendant LIBER8ED GOODS for extension of time to file answer regarding complaint 1 Liber8ed Goods, LLC's Unopposed Motion for An Extension of Time to Respond to Complaint

NOTICE of Voluntary Dismissal by Patent Rightsholder Identified in Exhibit 1

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Liber8ed Goods, LLC's 24 unopposed motion for extension of time to respond is granted. Defendant iber8ed Goods, LLC's responsive pleading is to be filed by May 27, 2024. Given the length of time requested, the Court does not anticipate granting any further extension of time. Mailed notice.

MOTION by Defendant Rivcadio Store for extension of time to file answer regarding complaint 1 UNOPPOSED

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Rivcadio Store's unopposed motion for extension of time 27 is granted. Defendant Rivcadio Store's responsive pleading is due by May 10, 2024. Given the length of time provided for the response, the Court does not anticipate granting a further extension of time. Mailed notice.

MOTION by Plaintiff Patent Rightsholder Identified in Exhibit 1 to substitute attorney

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to substitute counsel 23 is granted. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: The Court observes that Plaintiff filed this case using the pseudonym "Patents Right Holder" but never filed a motion requesting permission to proceed using a pseudonym. Even if a motion had been filed, no-name litigation is disfavored in general. The Seventh Circuit has repeatedly voiced disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings. Plaintiff's Complaint has not identified any circumstances that rise to the level of truly exceptional; hundreds of other "Schedule A" cases proceed without anonymity and the Court cannot see why this case is any different. The Clerk is directed to amend the case caption to reflect that Yiwu Mode E-Commerce Co Ltd. is the Plaintiff. Mailed notice.

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: certain defendants

ATTORNEY Appearance for Plaintiff Yiwu Mode E-Commerce Co Ltd. by Adam Edward Urbanczyk

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: Def. No. 61

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: Def. Nos. 10, 12, 15, 100, 108

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: Def. 113

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: Dkt. 19

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: Def. No. 14

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: Def. No. 24

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: Def. Nos. 75, 111

ATTORNEY Appearance for Plaintiff Yiwu Mode E-Commerce Co Ltd. by Brian Swift

MOTION by Plaintiff Yiwu Mode E-Commerce Co Ltd. Expedited Discovery and Electronic Service of Process, Renewed

Exhibit 1

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's renewed motion for expedited discovery and electronic [42] is granted. Separate Order to issue. Mailed notice.

ORDER Signed by the Honorable Lindsay C. Jenkins on 6/3/2024.Mailed notice.

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: Def. No. 34

MINUTE entry before the Honorable Lindsay C. Jenkins: By July 12, 2024, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice.

STATUS Report by Yiwu Mode E-Commerce Co Ltd.

MINUTE entry before the Honorable Lindsay C. Jenkins: A further status report is due by 8/29/2024. Mailed notice.

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: Def. 68

ALIAS Summons Issued as to Defendant The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A.

SUMMONS Returned Executed by Yiwu Mode E-Commerce Co Ltd. as to The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A on 7/22/2024, answer due 8/12/2024.

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: Def. 92

MOTION by Plaintiff Yiwu Mode E-Commerce Co Ltd. for default judgment as to Defaulting Defendants in Schedule A Hereto

Errata Schedule A

Declaration of Adam E. Urbanczyk

STATUS Report by Yiwu Mode E-Commerce Co Ltd.

MINUTE entry before the Honorable Lindsay C. Jenkins: A status report as to settlement as between Plaintiff and Defendants 65 ARUBY, 66 ForHome, 67 GAODE, 88 Kakidly, and 112 Yihui is due by September 16, 2024. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [52] for entry of default and default judgment against certain Defendants. Aside from Defendants 65 ARUBY, 66 ForHome, 67 GAODE, 88 Kakidly, and 112 Yihui, all other 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 September 6, 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.

CERTIFICATE of Service by Adam Edward Urbanczyk on behalf of Yiwu Mode E-Commerce Co Ltd. regarding text entry, [55]

NOTICE of Voluntary Dismissal by Yiwu Mode E-Commerce Co Ltd. re: Def. 112

MOTION by Plaintiff Yiwu Mode E-Commerce Co Ltd. to approve consent judgment JOINT

MINUTE entry before the Honorable Lindsay C. Jenkins: The joint motion for an entry of consent judgment [ 58] is granted. Separate order to issue. Notices Mailed.

CONSENT Judgment. Signed by the Honorable Lindsay C. Jenkins on 9/16/2024. Notices Mailed.

MINUTE entry before the Honorable Lindsay C. Jenkins: A status report as to the status of Defendants 65 ARUBY, 66 ForHome, and 67 GAODE, as to the status of settlement efforts remains due today, unless a proposed default judgment order as to these defendants is sent to the Court's proposed order box sooner. Notices Mailed.

MINUTE entry before the Honorable Lindsay C. Jenkins: As to the remaining Defendants, the motion [52] the motion for entry of default is granted. Enter Final Judgment Order. Civil case terminated. Mailed notice.

ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 9/17/2024. Mailed notice.

FULL SATISFACTION of Judgment re: Def. 65 and 66

SATISFACTION of Judgment re: Def. 67

MOTION by Plaintiff Yiwu Mode E-Commerce Co Ltd. for release of bond obligation re: Dkt. 10

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for release of bond [66] is granted. Separate order to issue. Mailed notice.

ORDER releasing bond Signed by the Honorable Lindsay C. Jenkins on 3/4/2025. Mailed notice.