2024-cv-04534

COMPLAINT filed by WhaleCo Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22094036.

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff WhaleCo Inc. by Shengmao Mu

SEALED DOCUMENT by Plaintiff WhaleCo Inc. Schedule A

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.

Exhibit 1 to Complaint by WhaleCo Inc.

Exhibit 2 to Complaint by WhaleCo Inc.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by WhaleCo Inc.

MOTION by Plaintiff WhaleCo Inc. for leave to file certain documents under seal

MOTION by Plaintiff WhaleCo Inc. for service by publication

MEMORANDUM motion for service by publication 9 by WhaleCo Inc.

ATTORNEY Appearance for Plaintiff WhaleCo Inc. by Keaton David Smith

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

SEALED DOCUMENT by Plaintiff WhaleCo Inc. Exhibit 3

MOTION by Plaintiff WhaleCo Inc. for leave to file certain documents under seal

MOTION by Plaintiff WhaleCo Inc. for temporary restraining order

MEMORANDUM motion for temporary restraining order 16 by WhaleCo Inc.

SEALED DOCUMENT by Plaintiff WhaleCo Inc. CHRISTENSEN Declaration

NOTICE of Motion by Shengmao Mu for presentment of motion for leave to file 15, motion for temporary restraining order 16, motion for service by publication 9 before Honorable Manish S. Shah on 6/12/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions 8 9 15 16 are granted, and no appearance is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants and stopping the infringement. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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 is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants. If any defendant were to appear and object, the court will take a fresh look at joinder and personal jurisdiction. The court finds that security in the amount of $1,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices Mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 6/11/2024. Notices Mailed.

REGISTRY Deposit Information form by WhaleCo Inc. (Received at the Intake Counter on 6/13/2024). (jn,)

MOTION by Plaintiff WhaleCo Inc.to Extend the Temporary Restraining Order

MEMORANDUM by WhaleCo Inc. in support of motion for miscellaneous relief 23

(Declaration of Shengmao Mu)

NOTICE of Motion by Keaton David Smith for presentment of motion for miscellaneous relief 23 before Honorable Manish S. Shah on 6/25/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: The motion for an extension of the TRO 24 is granted, and no appearance on the motion is necessary. The TRO is extended to 7/9/24.

MOTION by Plaintiff WhaleCo Inc. for service by publication

AFFIDAVIT by Plaintiff WhaleCo Inc. in Support of MOTION by Plaintiff WhaleCo Inc. for service by publication 27

SEALED DOCUMENT by Plaintiff WhaleCo Inc. Exhibit 1 - Email Addresses

NOTICE of Motion by Shengmao Mu for presentment of motion for service by publication 27 before Honorable Manish S. Shah on 7/3/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: The motion for service by publication 27 is granted, and no appearance is necessary. Plaintiff may serve a defendant by publication if plaintiff does not have an email address for that defendant. Notices Mailed.

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

MOTION by Plaintiff WhaleCo Inc. for preliminary injunction

MEMORANDUM motion for preliminary injunction 32 by WhaleCo Inc.

NOTICE of Motion by Shengmao Mu for presentment of motion for preliminary injunction 32 before Honorable Manish S. Shah on 7/9/2024 at 09:45 AM.

CERTIFICATE of Service by Plaintiff WhaleCo Inc. regarding MOTION by Plaintiff WhaleCo Inc. for preliminary injunction 32

SUMMONS Returned Executed by WhaleCo Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/3/2024, answer due 7/24/2024.

(Declaration Mu Declaration)

MINUTE entry before the Honorable Manish S. Shah: For the reasons stated on the record, plaintiff's motion for preliminary injunction 32 is granted. Plaintiff must email a proposed order to proposed_order_shah@ilnd.uscourts.gov. The Clerk is directed 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. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Mailed notice.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 7/10/2024. Notices Mailed.

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MOTION by Plaintiff WhaleCo Inc. for entry of default, MOTION by Plaintiff WhaleCo Inc. for default judgment as to all Defendants

MEMORANDUM by WhaleCo Inc. in support of motion for entry of default, motion for default judgment 39

(Declaration of Shengmao Mu)

NOTICE of Motion by Abby Marie Neu for presentment of motion for entry of default, motion for default judgment 39 before Honorable Manish S. Shah on 8/28/2024 at 09:45 AM.

ATTORNEY Appearance for Plaintiff WhaleCo Inc. by Abby Marie Neu

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for entry of default judgment 39 is granted. Enter Default Judgment Order. Terminate civil case. Notices Mailed.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 8/28/2024. Notices Mailed.

MAILED trademark report with certified copy of minute order dated 8/28/2024 to Patent Trademark Office, Alexandria VA. (jn,)

MOTION by Plaintiff WhaleCo Inc. for bond to Return Posted Bond

ORDER. Signed by the Honorable Manish S. Shah on 11/6/2024: Plaintiff's motion for return of the posted bond 46 is granted. The Clerk of Court is directed to return the $1,000 bond, plus interest and minus the Court's Registry fee, via check by U.S. mail to Plaintiff's counsel Keaton Smith at Whitewood Law, 57 W. 57th Street., 3rd Floor, Manhattan, NY 10019. Notices mailed.

NEW PARTIES: The Partnerships and Unincorporated Associations Identified on Schedule A added to case caption.