2024-cv-04636

COMPLAINT filed by ARTDECO Inc. ; Filing fee $ 405, receipt number AILNDC-22105166.

SEALED DOCUMENT by Plaintiff ARTDECO Inc. Schedule A

ATTORNEY Appearance for Plaintiff ARTDECO Inc. by Shengmao Mu

CIVIL Cover Sheet

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

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

MAILED Copyright Request Letter to Plaintiff's counsel Shengmao Mu.

SEALED DOCUMENT by Plaintiff ARTDECO Inc. response to copyright request letter

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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.

SEALED DOCUMENT by Plaintiff ARTDECO Inc. Exhibit 1 Copyright Registrations and Deposits

SEALED DOCUMENT by Plaintiff ARTDECO Inc. Exhibit 2 Infringing Evidence

MOTION by Plaintiff ARTDECO Inc. for temporary restraining order

SEALED DOCUMENT by Plaintiff ARTDECO Inc. Zeng Declaration

SEALED DOCUMENT by Plaintiff ARTDECO Inc. Memorandum in support of TRO

MOTION by Plaintiff ARTDECO Inc. for service by publication

MEMORANDUM motion for service by publication[14] by ARTDECO Inc.

ATTORNEY Appearance for Plaintiff ARTDECO Inc. by Keaton David Smith

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal [6], ex parte motion for a temporary restraining order and expedited discovery [11], and motion for service of process by electronic publication [14] 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 file under seal the documents identified in the motion to seal. 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 on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 8/19/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeffrey I Cummings on 6/27/2024. Mailed notice.

NOTICE of Voluntary Dismissal by ARTDECO Inc. as to a certain Defendant

SURETY BOND in the amount of $10,000 posted by ARTDECO Inc.

MOTION by Plaintiff ARTDECO Inc. for preliminary injunction

MEMORANDUM by ARTDECO Inc. in support of motion for preliminary injunction 21

DECLARATION of Shengmao Mu regarding memorandum in support of motion[22], motion for preliminary injunction[21]

DECLARATION of Shengmao Mu regarding memorandum in support of motion[22], motion for preliminary injunction[21] CORRECTED

SUMMONS Returned Executed by ARTDECO Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint on 7/8/2024, answer due 7/29/2024.

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion [21] for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all 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 July 17, 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 order entering the TRO, the TRO is extended to and including the date upon 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). Because this extension exceeds the maximum duration for a TRO under Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

CERTIFICATE of Service by Plaintiff ARTDECO Inc. regarding text entry, [26]

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction [21] 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 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The 8/19/24 tracking status hearing is stricken and re-set to 9/13/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

NEW PARTIES: ABADANEE, Even's shop, Hunnianw, HUXSHAMKO, JasonBMontes, jing elaborate poster, Masuira, SWEETSS, yearnjear, YONGgui, Add Colour, dilahome, GONGXIFAFA, GUUC, HELMOS, Jinyu home textile home, Lanp Rover, Luck Y, meetoo studio, Necoo, One begets, RUOQIAN, The hong home textile, TOBFASHION, WallPlate, xinghaojiaju, Xinranjiaju, Xukun Industry and Trade, Yawwo, YueYao and Zoomchic added to case caption. Terminating The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 7/22/2024. Mailed notice

NOTICE of Voluntary Dismissal by ARTDECO Inc. as to certain Defendants

NOTICE of Voluntary Dismissal by ARTDECO Inc. as to certain Defendants

ATTORNEY Appearance for Plaintiff ARTDECO Inc. by Abby Marie Neu

MOTION by Plaintiff ARTDECO Inc. for entry of default, MOTION by Plaintiff ARTDECO Inc. for default judgment as to defaulting defendants

MEMORANDUM by ARTDECO Inc. in support of motion for entry of default, motion for default judgment[33]

Declaration of Shengmao Mu

ATTORNEY Appearance for Defendants ABADANEE, yearnjear by Christopher Paul Keleher

MOTION by Defendants ABADANEE, yearnjear for extension of time to file answer regarding complaint[1] AGREED

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion [33] 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, an order of 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 8/14/24. 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 Plaintiff ARTDECO Inc. regarding text entry, [37]

MINUTE entry before the Honorable Jeffrey I Cummings:Defendants' unopposed motion for extension of time to answer or otherwise plead [36] is granted. If plaintiff and defendant nos. 1 and 10 do not resolve this matter, those defendants shall answer or otherwise plead by 8/21/24. Mailed notice

NOTICE of Voluntary Dismissal by ARTDECO Inc. as to certain Defendants

MOTION by Plaintiff ARTDECO Inc. to amend/correct MOTION by Plaintiff ARTDECO Inc. for entry of default MOTION by Plaintiff ARTDECO Inc. for default judgment as to defaulting defendants [33]

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to file an amended schedule A [41] to reflect the remaining defendants is granted. Mailed notice

Amended Schedule A by ARTDECO Inc.

NOTICE of Voluntary Dismissal by ARTDECO Inc. as to certain Defendants

MOTION by Plaintiff ARTDECO Inc. to amend/correct MOTION by Plaintiff ARTDECO Inc. for entry of default MOTION by Plaintiff ARTDECO Inc. for default judgment as to defaulting defendants [33]

Second Amended Schedule A by ARTDECO Inc.

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to file an amended schedule A [45] to reflect the remaining defendants is granted. Mailed notice

MINUTE entry before the Honorable Jeffrey I Cummings: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [33] 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 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 $20,000 is an appropriate award of statutory damages. Enter Final Judgment Order. All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice

ENTERED JUDGMENT Mailed notice

MAILED Copyright report to Registrar, Washington DC

FULL SATISFACTION of Judgment as to a certain Defendant

FULL SATISFACTION of Judgment as to certain Defendants

FULL SATISFACTION of Judgment as to a certain Defendant

FULL SATISFACTION of Judgment as to a certain Defendant