2024-cv-02228

COMPLAINT filed by Art Ask Agency; Jury Demand. Filing fee $ 405, receipt number AILNDC-21758083.

(Exhibit Group Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Art Ask Agency by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Art Ask Agency by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Art Ask Agency by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Art Ask Agency by John Wilson

MOTION by Plaintiff Art Ask Agency to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Art Ask Agency Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Art Ask Agency

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. 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 Art Ask Agency for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Art Ask Agency in support of motion for temporary restraining order, 10

Declaration Strid Declaration

Exhibit Group Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 1 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 2 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 3 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 4 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 5 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 6 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 7 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 8 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 9 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 10 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 11 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 12 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 13 of Strid Declaration

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 Part 14 of Strid Declaration

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions 7, 10 filed by plaintiff Art Ask Agency, the supporting memorandum 11 and the temporary restraining order, plaintiff's motions for leave to file certain documents under seal 7 and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 10 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 substantial likelihood of success on the merits (including evidence of active infringement and the offering of products for sale into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 genuinely intends to pursue an accounting, but at this preliminary stage, 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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/22/2024:

SURETY BOND in the amount of $ 10,000.00 posted by Art Ask Agency. (Document not imaged)

MOTION by Plaintiff Art Ask Agency for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 29 is granted. Under Rule 65(b)2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO 27 entered on 3/22/24 is extended until 4/19/24.

MOTION by Plaintiff Art Ask Agency for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Art Ask Agency in support of motion for preliminary injunction 31

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 31

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

MOTION by Plaintiff Art Ask Agency for leave to file Plaintiff's Motion for Leave to File an Amended Schedule A

SUMMONS Returned Executed by Art Ask Agency as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/17/2024, answer due 5/8/2024.

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction, 31. The court has taken the motion for preliminary injunction 31, under advisement and will consider the motion unopposed if no defendant appears and objects by 4/25/2024. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's order entering the TRO, the TRO is extended to and including the date on which 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). To the extent 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.

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Art Ask Agency

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A, 34 is granted. Defendants No. 80 XiangJunYunShu and No. 85 YiDingKun are dismissed. By 4/22/24, plaintiff should file the amended Schedule A on the docket. By 4/25/24, plaintiff should submit to the court's proposed order inbox, proposed_order_pacold@ilnd.uscourts.gov, a revised proposed order on plaintiff's motion for preliminary injunction, 31.

by Art Ask Agency Amended Schedule A

ATTORNEY Appearance for Defendant Little Leaves by Adam Edward Urbanczyk

RESPONSE by Little Leavesin Opposition to MOTION by Plaintiff Art Ask Agency for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction [31]

Declaration of Lijuan Wu

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Little Leaves

MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant Little Leaves's opposition [41] to plaintiff's motion for preliminary injunction [31]. Plaintiff's reply in support of plaintiff's motion is due by 5/3/2024.

MOTION by Plaintiff Art Ask Agency for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Reply in Support of Plaintiff's Motion for Entry of a Preliminary Injunction

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for a first extension of time to file a reply in support of plaintiff's motion for entry of a preliminary injunction, [44] is granted. Plaintiff's should file its reply by 5/10/2024.

MOTION by Plaintiff Art Ask Agency for leave to file Plaintiff's Motion for Leave to File an Amended Schedule A

MOTION by Plaintiff Art Ask Agency for extension of time Plaintiff's Unopposed Motion for a Second Extension of Time to File a Reply in Support of Plaintiff's Motion for Entry of a Preliminary Injunction

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A, [46], is granted. Defendants No. 50 NEWCREATAST, No. 53 OMER FARUK TATLI, No. 55 Qinlunuho Resin Mold, No. 69 Suzhou Jumeijia Textile Co., Ltd., No. 72 US-TANG, and No. 76 Wanlong Spring Tree, are dismissed. By 5/20/24, plaintiff should file the amended Schedule A on the docket. By 5/20/24, plaintiff should also submit to the court's proposed order inbox, proposed_order_pacold@ilnd.uscourts.gov, a revised proposed order on plaintiff's motion for preliminary injunction, [31].

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for a second extension of time to file a reply in support of plaintiff's motion for entry of a preliminary injunction, [47] is granted. Plaintiff should file its reply by 5/17/2024.

NOTICE of Voluntary Dismissal by Art Ask Agency Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 43 "Little Leaves"

Amended Schedule A by Art Ask Agency

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal, [50], which seeks to voluntarily dismiss defendant No. 43 Litte Leaves. But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 43 Litte Leaves from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. By 5/30/24, plaintiff should file the amended Schedule A form on the docket. By 5/30/24, plaintiff should also submit to the court's proposed order inbox, proposed_order_pacold@ilnd.uscourts.gov, a revised proposed order on plaintiff's motion for preliminary injunction, [31].

Amended Schedule A by Art Ask Agency

MOTION by Plaintiff Art Ask Agency for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

(Exhibit A)

MEMORANDUM by Art Ask Agency in support of motion for default judgment 54

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 54

(Exhibit Hierl Exhibit 1)

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Art Ask Agency

MINUTE entry before the Honorable Martha M. Pacold: No defendant has responded to plaintiff's motion for entry of default and default judgment, 54. The motion, 54, is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $100,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its copyrights causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise. Thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand-dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602. Plaintiff's motion for a preliminary injunction, 31, is denied as moot. Enter Default Final Judgment Order. Terminate civil case. Mailed notice.

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 8/23/2024. Mailed notice.