2024-cv-01548

COMPLAINT filed by Blue Spring Partners, LLC; Filing fee $ 405, receipt number AILNDC-21672295.

Exhibit 1 - Trademarks and Patents

Exhibit 2 - Copyrights

(Schedule A Slip Sheet)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Blue Spring Partners, LLC by Breana Sharlynn Sicley

SEALED DOCUMENT by Plaintiff Blue Spring Partners, LLC - Schedule A to Complaint

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Spring Partners, LLC

CLAIM - AO 121 Form (Copyright) by Blue Spring Partners, LLC

(Schedule A to AO 121)

CLAIM - AO 120 Form (Trademark) by Blue Spring Partners, LLC

MOTION by Plaintiff Blue Spring Partners, LLC for leave to file excess pages re Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order

Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order

Declaration of Breana Sicley

Exhibit 1 - Jan 2011 MarkMonitor

Exhibit 2 - IP Rights Seizure Statistics

Exhibit 3 - BASCAP Report

Exhibit 4 - 2013 Registrar Agreement

Exhibit 5 - Hague Convention of Service Abroad

Exhibit 6 - Translation of Civil Procedure Law of the People of China

Declaration of Steven J. Browning

Exhibit 1 - Trademarks and Patent

(Exhibit 2 - Copyrights)

SEALED DOCUMENT by Plaintiff Blue Spring Partners, LLC - Exhibit 3 (Part 1 of 32) to Declaration of Steven J. Browning

Exhibit 3 - Part 2 of 32

Exhibit 3 - Part 3 of 32

Exhibit 3 - Part 4 of 32

Exhibit 3 - Part 5 of 32

Exhibit 3 - Part 6 of 32

Exhibit 3 - Part 7 of 32

Exhibit 3 - Part 8 of 32

Exhibit 3 - Part 9 of 32

Exhibit 3 - Part 10 of 32

Exhibit 3 - Part 11 of 32

Exhibit 3 - Part 12 of 32

Exhibit 3 - Part 13 of 32

Exhibit 3 - Part 14 of 32

Exhibit 3 - Part 15 of 32

Exhibit 3 - Part 16 of 32

Exhibit 3 - Part 17 of 32

Exhibit 3 - Part 18 of 32

Exhibit 3 - Part 19 of 32

Exhibit 3 - Part 20 of 32

Exhibit 3 - Part 21 of 32

Exhibit 3 - Part 22 of 32

Exhibit 3 - Part 23 of 32

Exhibit 3 - Part 24 of 32

Exhibit 3 - Part 25 of 32

Exhibit 3 - Part 26 of 32

Exhibit 3 - Part 27 of 32

Exhibit 3 - Part 28 of 32

Exhibit 3 - Part 29 of 32

Exhibit 3 - Part 30 of 32

Exhibit 3 - Part 31 of 32

(Exhibit 3 - Part 32 of 32)

ATTORNEY Appearance for Plaintiff Blue Spring Partners, LLC by Genesis Shin

MAILED Trademark report to Patent Trademark Office, Alexandria VA

(Exhibits)

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

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal 8 and motion for excess pages 10 are granted. The Court is also inclined to grant the ex parte motion for a temporary restraining order 9, but first requests that a proposed order be sent to the Court's proposed order box by March 14, 2024. In the interim, and subject to unsealing at an appropriate time, Plaintiff may for now file and keep under seal the documents identified in the motion to seal and appearing at docket entries 4, and 11. Mailed notice.

BOND in the amount of $10,000 company check, receipt no.100004022, posted by Blue Spring Partners, LLC. (evw,). (Text entry; no document attached.)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 16 is granted. The TRO is extended until April 11, 2024. Mailed notice.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Blue Spring Partners, LLC of Certain Defendants

SUMMONS Returned Executed by Blue Spring Partners, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint on 4/9/2024, answer due 4/30/2024.

MOTION by Plaintiff Blue Spring Partners, LLC for preliminary injunction

Memorandum of Law in Support of Plaintiff's Motion for Entry of a Preliminary Injunction

(Declaration of Breana Sicley)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 20 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 April 15, 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.

NOTICE of Voluntary Dismissal by Blue Spring Partners, LLC of Defendant Nos. 198 (dongfang-mart), 201 (haim_shop09 (haim_store)), 212 (tamiashop8), and 260 (Ivjianfeng8655)

CERTIFICATE of Service by Breana Sharlynn Sicley on behalf of Blue Spring Partners, LLC regarding text entry, 21

NOTICE of Voluntary Dismissal by Blue Spring Partners, LLC of Defendant No. 47 (XinHongTai)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 20 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 Firm of Boies Schiller Flexner LLP 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 4/16/2024. Mailed notice.

(Sicley, Breana) (Entered: 04/16/2024) (Text entry; no document attached.)

(Sicley, Breana) (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Blue Spring Partners, LLC of Certain Defendants

MOTION by Plaintiff Blue Spring Partners, LLC for leave to file excess pages in its Memorandum in Support of Plaintiff's Motion for Entry of Default Judgment

(Exhibit A)

MOTION by Plaintiff Blue Spring Partners, LLC for default judgment as to the Defaulting Defendants identified on Schedule A

Memorandum in Support of Plaintiff's Motion for Entry of Default and Default Judgment

Declaration of Breana Sicley

Exhibit A - Email of Summons and Complaint to Defaulting Defendants

Exhibit B - Case Website

Exhibit C - First Amended Schedule A

(Exhibit D - Default Judgment)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for excess pages 28 is granted. Also before the Court is Plaintiff's motion 29 for entry of default and default judgment against all 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 May 13, 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 Breana Sharlynn Sicley on behalf of Blue Spring Partners, LLC regarding order on motion for leave to file excess pages, order on motion for default judgment, text entry, 30

NOTICE of Voluntary Dismissal by Blue Spring Partners, LLC of Certain Defendant No. 250 (Xurikang)

MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 29 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 and copyrights 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 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 $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice.

ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 5/14/2024. Mailed notice.

NOTICE of Voluntary Dismissal by Blue Spring Partners, LLC of Defendant No. 207 (olgatrade)

NOTICE of Voluntary Dismissal by Blue Spring Partners, LLC of Defendant No. 209 (oralc_52)

NOTICE of Voluntary Dismissal by Blue Spring Partners, LLC of Defendant No. 46 (Qianzhou-US)

FULL SATISFACTION of Judgment regarding entered judgment 34 re Defendant Nos. 233 (Freeflight), 244 (Shengyang Zhou), and 245 (Successheng)

NOTICE of Voluntary Dismissal by Blue Spring Partners, LLC of Defendant No. 221 (Chaerie Crystal Crowns)

ATTORNEY Appearance for Plaintiff Blue Spring Partners, LLC by Jon Robert Neuleib

COMPLAINT filed by whimsyverse (217);

Exhibit A - Fee Waiver Form

Exhibit B - Payoneer Bank lifetime Payment Received History

Exhibit C - Notice of Appeal

COMPLAINT filed by whimsyverse (217);

Exhibit A - First email to plaintiff 20-june-2024

Exhibit B - Second email to plaintiff 21-june-2024

Exhibit C - All Delayed Conversation Emails with plaintiff with screenshot evide

MOTION by Attorney Breana Sicley to withdraw as attorney for Blue Spring Partners, LLC. No party information provided

MINUTE entry before the Honorable Lindsay C. Jenkins: Attorney Breana Sicley's motion to withdraw [46] is granted. Attorney Breana Sicley not longer assigned to this case. Mailed notice.

MOTION by Defendant whimsyverse (217) to clarify Legal Status of Whimsyverse

COMPLAINT VACATE DEFAULT JUDGMENT on Urgent Basis filed by whimsyverse (217);

MINUTE entry before the Honorable Lindsay C. Jenkins: The Court is in receipt of a motion to clarify [51], which the Court grants so that it can clarify the "legal status of whimsyverse." In the filing, Saqib Kafeel represents that Defendant whimsyverse is not a corporation, LLC or registered legal entity, but rather an eBay store name. Kafeel intends to represent whimsyverse himself (pro se) and not through counsel. This is something the Court has allowed in Schedule A cases in the past, so Plaintiff should be prepared to respond to this argument during the upcoming telephonic status hearing, if necessary. The matter remains set for a telephonic status hearing on October 8, 2024 at 9:00 am CT (which will be evening time in Pakistan). While the Court appreciates that Plaintiff would prefer not to have any telephonic status hearings in the case due to his location in Pakistan, this simply is not how litigation works. If Kafeel is asking the Court to vacate the judgment, then he must be prepared to litigate the case, which will include, at times, telephonic status hearings. Plaintiff's filing at [52], which seeks to vacate the default judgment, will be decided at the hearing on October 8, 2024 at 9:00 am CT. Assuming the Court grants the motion to vacate, then (a) Kafeel should be prepared to provide a date by which he will file a written answer to the complaint for whimsyverse; and (b) the parties must be prepared to set a fact discovery schedule at the hearing as required by Federal Rule of Civil Procedure 26(f). Mailed notice.

MOTION by Defendant whimsyverse (217) for hearing Convert Telephonic Hearings to Video Conference

MINUTE entry before the Honorable Lindsay C. Jenkins: The October 7, 2024 status report states the parties have settled the matter, so the status/video conference hearing set for today is stricken. Motion for hearing [54] is moot. Mailed notice.

MOTION by Plaintiff Blue Spring Partners, LLC for disbursement of funds

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for disbursement of funds [61] is granted. Separate order to issue. Mailed notice.

ORDER Signed by the Honorable Lindsay C. Jenkins on 1/24/2025. Mailed notice.