2024-cv-02247

COMPLAINT filed by Volkswagen Group of America, Inc.; Filing fee $ 405, receipt number AILNDC-21761469.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Volkswagen Group of America, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Volkswagen Group of America, Inc.

Notice of Claims Involving Trademarks by Volkswagen Group of America, Inc.

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2).

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.

MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal [3] is granted. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MOTION by Plaintiff Volkswagen Group of America, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for temporary restraining order[14]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Dana A. Cizmadia regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Exhibit 3 - Parts 1-5 regarding declaration[17]

MOTION by Plaintiff Volkswagen Group of America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for miscellaneous relief[19]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte telephone conference held on 3/22/2024. Transcript is to remain sealed. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 14 is granted. Plaintiff's motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 19 is granted. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 3/22/2024. Mailed notice.

Registry Deposit Information Form by Volkswagen Group of America, Inc.

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

INJUNCTION BOND in the amount of $ 74,000.00 posted by Volkswagen Group of America, Inc. (Document not scanned).

MOTION by Plaintiff Volkswagen Group of America, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for preliminary injunction[26]

Declaration of Kahlia R. Halpern

Exhibit 1

SUMMONS Returned Executed by Volkswagen Group of America, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/2/2024, answer due 4/23/2024.

Declaration of Thomas J. Juettner

Exhibit A

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction [26] is set for 4/5/2024 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 4/5/2024. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 26 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Schedule A to the Complaint 2, Exhibit 3 to the Declaration of Dana A. Cizmadia 18, and the TRO 23. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 5/9/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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 Thomas M. Durkin on 4/5/2024. Mailed notice.

NEW PARTIES: A8TWRKE0BTKWU, ASCUBL8DZD198, dibaowujinyou, GuangZhouYaNianShangMaoYouXianGongSi, haiyishenshangmaoxf, haomiaotianjinshangmaoyouxiangongsi, hefeiguyukundianzishangwuyouxiangongsi, hubeishenglifenglanbaihuodiana, huizhoushibaorongdayingerwanjuyongpinzhizaoyouxiangongsi, hungly, iangshidingta, izongyi, jinanchufujiajuyouxiangongsi, Kun Ming Mi Chen Shang Mao You Xian Gong Si, Kun Ming Xin Zhou Shang Mao You Xian Gong Si, kunmingchazengshangmaoyouxiangongsi, LYQ Tech, MANGRY1, mengchengxianjianyunzaishengziyuanhuishouyouxiangongsi, Pazhou Commercial., QISHENGMAOYI, Ryphal, Saffi handmade west grand, shenzhenshiruishishangmaoyouxiangongsi, SHIOSHI, Sweety Smelling, WooYee US Store, xkwco, YangZhiMinkjhgfd, yichangshiyilingqujuezhenwangluokejigongzuoshi, yingyingkuajing, yuxiyanhuimaoyiyouxiangongsi, zhenghong321, zhongshanshiaoxiemaoyiyouxiangongsi, zhongshanyuncangfurengongyinglianguanliyouxiangongsi, ai808, fzctg7, googjle, hxas, leey1, sdwe889, tikok, anhiyif, auto-exterior23, autofun520, auto-parts5157, camelliajap0, cap-wholesale, changshengauto, diannan014, donwellauto, dqax_75, ebkang, enterautoparts, evilspiritsliveonearth, gouzoushu-62, gyuuehu, hk_1675, hkopauto, huk-98, leiizvj77, lifes825, mamie-7474, markertrad0, oyioywett, xinshuo178, xsy644, yakq-34, yangqing1990, yangx5691, yinshifen-74, zhanmaot_12, Au DiPart and dashigh added to case caption.

NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants

MOTION by Plaintiff Volkswagen Group of America, Inc. for entry of default, MOTION by Plaintiff Volkswagen Group of America, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for entry of default, motion for default judgment, 33

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 34

(Exhibit 1)

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing is set for 5/9/2024 is vacated. A telephone hearing as to the motion for entry of default and for default judgment 33 is set for 5/2/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Andrew Daniel Burnham

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 5/2/2024. No defendants appeared and no answers filed. Motion for entry of default and for default judgment [33] is granted. Enter order. Case closed. Mailed notice (jcc,)

DEFAULT Final Judgment Order Signed by the Honorable Thomas M. Durkin on 5/2/2024:Mailed notice(jcc,)

MAILED trademark closing report with certified copies of orders dated 5/02/24 to Patent Trademark Office, Alexandria VA.

FULL SATISFACTION of Judgment regarding order 39 in the amount of $200,000 as to certain defendants