2024-cv-05123

COMPLAINT filed by Medicom Toy Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22161698.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Medicom Toy Corporation by John Wilson

MOTION by Plaintiff Medicom Toy Corporation to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Medicom Toy Corporation

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. 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.)

MOTION by Plaintiff Medicom Toy Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Medicom Toy Corporation 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 Medicom Toy Corporation in support of motion for temporary restraining order, 11

Declaration Akashi Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 1 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 2 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 3 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 4 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 5 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 6 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 7 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 8 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 9 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 10 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 11 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 12 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 13 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 14 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 15 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 16 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 17 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 18 of Akashi Declaration

SEALED DOCUMENT by Plaintiff Medicom Toy Corporation Exhibit 2 Part 19 of Akashi Declaration

Notice of Claims Involving Trademarks by Medicom Toy Corporation

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions (7, 10, 11) filed by plaintiff, and plaintiff's supporting memorandum 12, plaintiff's motions to seal, 7, for leave to file excess pages, 10, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, and electronic service, 11, 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 sales 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 6/28/2024:

MOTION by Plaintiff Medicom Toy Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

CIVIL BOND in the amount of $ 10,000 posted by Medicom Toy Corporation (Document not Imaged). (Received by Intake Counter on 7/3/24).

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO, 37 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, 36, entered on 6/28/24 is extended until 7/26/24.

MOTION by Plaintiff Medicom Toy Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

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

MEMORANDUM by Medicom Toy Corporation in support of motion for preliminary injunction 40

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 40

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction, 40, under advisement and will consider the motion unopposed if no defendant appears and objects by 8/2/2024. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering and extending the TRO, as well as in plaintiff's earlier motion, 38, to extend the TRO, the TRO is further 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). 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.

SUMMONS Returned Executed by Medicom Toy Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 7/23/2024, answer due 8/13/2024.

LETTER from Mooyor Mory. (Received by Box.Com on 7/25/24).

Exhibit

Exhibit

(Exhibit)

ATTORNEY Appearance for Defendants Chaozhou Fengxi Xinyifeng Ceramic Factory, Chong Qing Spring Planting International Trade Co., Ltd., Fujian Maotai Crafts Co., Ltd., Jiangsu Dzx Technology Co., Ltd., Quanzhou Zhoufan Craft Co., Ltd., Shenzhen Jia He Xin Industrial Co., Ltd., Xiamen Rising Source Trading Co., Ltd. by Benjamin Solter

MOTION by Defendants Chaozhou Fengxi Xinyifeng Ceramic Factory, Chong Qing Spring Planting International Trade Co., Ltd., Fujian Maotai Crafts Co., Ltd., Jiangsu Dzx Technology Co., Ltd., Quanzhou Zhoufan Craft Co., Ltd., Shenzhen Jia He Xin Industrial Co., Ltd., Xiamen Rising Source Trading Co., Ltd. for extension of time to file response/reply as to motion for preliminary injunction 40 unopposed

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for extension of time to file a response to plaintiff's motion for preliminary injunction, 47 is granted. Defendants' response to the motion for preliminary injunction 40 is due by 8/13/2024. Plaintiff's reply is due by 8/20/2024.

MOTION by Defendants Quanzhou Zhoufan Craft Co., Ltd., Chaozhou Fengxi Xinyifeng Ceramic Factory, Fujian Maotai Crafts Co., Ltd., Xiamen Rising Source Trading Co., Ltd., Chong Qing Spring Planting International Trade Co., Ltd., Shenzhen Jia He Xin Industrial Co., Ltd., Jiangsu Dzx Technology Co., Ltd. to dismiss for lack of jurisdiction

Memorandum of Law in Support of Motion

Declaration of Jelly Pu

Declaration of Jing Yang

Declaration of Adam Su

Declaration of Janice Yu

Declaration of Cherry Teng

Declaration of Alice Liu

(Declaration of Helen Chen)

RESPONSE by Chaozhou Fengxi Xinyifeng Ceramic Factory, Chong Qing Spring Planting International Trade Co., Ltd., Fujian Maotai Crafts Co., Ltd., Jiangsu Dzx Technology Co., Ltd., Quanzhou Zhoufan Craft Co., Ltd., Shenzhen Jia He Xin Industrial Co., Ltd., Xiamen Rising Source Trading Co., Ltd.in Opposition to MOTION by Plaintiff Medicom Toy Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 40

MINUTE entry before the Honorable Martha M. Pacold: The court has received defendants' motion to dismiss, 49. Plaintiff's response is due by 9/11/2024. Defendants' reply is due by 9/25/2024.

REPLY by Plaintiff Medicom Toy Corporation Plaintiff's Reply in Support of Entry of a Preliminary Injunction Against Defendants

Exhibit A

Exhibit Group Exhibit B

(Exhibit Group Exhibit C)

MOTION by Plaintiff Medicom Toy Corporation for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Response to Defendants' Motion to Dismiss [Dkt. No. 49]

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for a first extension of time to file a response to defendants' motion to dismiss 53 is granted. Plaintiff's response to defendants' motion to dismiss 49 is due by 9/18/2024. Defendants' reply is due by 10/2/2024.

RESPONSE by Plaintiff Medicom Toy Corporation Plaintiff's Response to Defendants' Motion to Dismiss Pursuant to Federal Rule 12(b)(6) [Dkt. No. 49]

Exhibit A

Exhibit Group Exhibit B

Exhibit Group Exhibit C

(Exhibit D)

REPLY by Chaozhou Fengxi Xinyifeng Ceramic Factory, Chong Qing Spring Planting International Trade Co., Ltd., Fujian Maotai Crafts Co., Ltd., Jiangsu Dzx Technology Co., Ltd., Quanzhou Zhoufan Craft Co., Ltd., Shenzhen Jia He Xin Industrial Co., Ltd., Xiamen Rising Source Trading Co., Ltd. to Response, [55]

Declaration of Adam Su

MOTION by Plaintiff Medicom Toy Corporation for leave to file Motion for Leave to File Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 57 is granted. Defendants No. 7 kimjohn1990, No. 32 alvineshop, No, 49 mooyor_moryoo, No. 115 barweer888 Store, No. 227 Bengbu Chuangyuan Electronic Commerce Co., Ltd., and No. 258 Shenzhen Better Industry Co., Ltd. are dismissed with prejudice. Plaintiff is directed to file an amended Schedule A on the docket by 10/18/2024.

Amended Schedule A by Medicom Toy Corporation

MOTION by Plaintiff Medicom Toy Corporation for leave to file Motion for Leave to File Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing set for 11/19/2024 at 8:45 a.m. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court.

Amended Schedule A by Medicom Toy Corporation

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 11/19/2024 and continued to 12/17/2024 at 9:00 a.m. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court. Plaintiff's motion for leave to file an amended Schedule A 60 is granted. Defendants No. 235 Dongguan Songli Plastic Industry Co., Ltd., and No. 250 Pujiang Wenzhen Crafts Factory are hereby dismissed with prejudice with each party bearing its own attorney's fees and costs. Plaintiff has filed the amended Schedule A on the docket 62. Plaintiff's motion for preliminary injunction 40 and certain defendants' motion to dismiss 49 remain under advisement.

MINUTE entry before the Honorable Martha M. Pacold: Telephone ruling on defendants' motion to dismiss, 49 is set for 11/25/2024 at 10:00 a.m. CST. The court will rule on the basis of the parties' filings; no argument is necessary. If there are any developments in the status of the case that the court should be aware of prior to ruling (e.g., settlement; not supplemental briefing on the parties' arguments, which have already been addressed in the briefing on the motion), the parties are directed to file a notice with the court at least 24 hours before the hearing. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court.

MOTION by Plaintiff Medicom Toy Corporation for leave to file Plaintiff's Opposed Motion for Leave to File a Surresponse to Defendants' Reply in Support of its Motion to Dismiss [Dkt. No. 56]

Exhibit Proposed Surresponse

Exhibit Figueroa Declaration

Exhibit Exhibit 1 to Figueroa Declaration

Exhibit Exhibit 2 to Figueroa Declaration

Exhibit Exhibit 3 to Figueroa Declaration

Exhibit Exhibit 4 to Figueroa Declaration

Exhibit Exhibit 5 to Figueroa Declaration

Exhibit Exhibit 6 to Figueroa Declaration

(Exhibit Exhibit 7 to Figueroa Declaration)

MOTION by Plaintiff Medicom Toy Corporation for leave to file Motion for Leave to File Amended Schedule A

Amended Schedule A by Medicom Toy Corporation

MINUTE entry before the Honorable Martha M. Pacold: Telephone ruling on defendants' motion to dismiss 49 held on 11/25/2024. Plaintiff's motion for leave to file a surresponse to defendants' reply in support of its motion to dismiss 65 is granted. Defendants' motion to dismiss 49 is granted for the reasons stated on the record. Defendants Chaozhou Fengxi Xinyifeng Ceramic Factory, Chong Qing Spring Planting International Trade Co., Ltd., Fujian Maotai Crafts Co., Ltd., Jiangsu Dzx Technology co., Ltd., Quanzhou Zhoufan Craft Co., Ltd., Shenzhen Jia He Xin Industrial Co., Ltd., Xiamen Rising Source Trading Co., Ltd., are hereby dismissed without prejudice for lack of personal jurisdiction. Plaintiff to file an amended Schedule A on the docket and submit an updated proposed preliminary injunction order to the court's proposed order inbox by 11/25/2024. Plaintiff to file a status report proposing next steps by 12/9/2024.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended schedule A, 66, is granted. Plaintiff has already filed an amended schedule A on the docket, 67. Defendants have not appeared or filed an objection to the motion for preliminary injunction, 40. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction, 40, is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Mailed notice. (jn,)

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Martha M. Pacold on 11/27/2024. Mailed notice. (jn,)

MINUTE entry before the Honorable Martha M. Pacold: The status hearing set for 12/17/2024 is stricken. The status report filing date of 12/9/2024 68 stands.

STATUS Report by Medicom Toy Corporation

MOTION by Plaintiff Medicom Toy Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Medicom Toy Corporation in support of motion for default judgment, 73

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 73

(Exhibit Hierl Exhibit 1)

CERTIFICATE of Service by John Wilson on behalf of Medicom Toy Corporation

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, 73, must enter an appearance and file a written objection by 1/15/2025. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice, and file a certificate of service on the docket.

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, 73, must enter an appearance and file a written objection by 1/20/2025. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice, and file a certificate of service on the docket.

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Medicom Toy Corporation

ORDER: None of the remaining defendants have appeared to respond to plaintiff's motion for entry of default and default judgment, [73]. The motion 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 defaulting defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks 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. None of the remaining defendants have appeared to argue otherwise. Thus, the court also finds that the balance of the hardships favors an injunction. The Clerk of the Court is directed to return the $10,000 surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd., 70 West Madison Street, Suite 4000, Chicago, IL 60602, via certified mail. Enter Final Judgment Order. Terminate civil case. Civil case terminated. Signed by the Honorable Martha M. Pacold on 1/24/2025. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 1/24/2025. Mailed notice

MAILED trademark report with order dated 1/24/2025 to Patent Trademark Office, Alexandria VA

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Medicom Toy Corporation to Michael A. Hierl Hughes Socol PIers Resnick & Dym Ltd Three First National Plaza 70 West Madison Street Suite 4000 Chicago, IL 60602 via certified mail # 9589 0710 5270 0579 7776 14. (Text entry; no document attached.)

RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7776 14.