2024-cv-05184

COMPLAINT filed by Collectanea J. Limited, a Hong Kong Limited Corporation; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-22167329.

Exhibit One: Registration

Exhibit Two: Registration (Six Steps Photo) with Sample

Exhibit Three: Registration (Group Series) with Samples

Exhibit Four: CBP Report

Exhibit Five: Law Review Article

(Exhibit Six: DHS Report)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation by Lydia Pittaway

SEALED DOCUMENT by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation SCHEDULE A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collectanea J. Limited, a Hong Kong Limited Corporation

ATTORNEY Appearance for Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation by Michael Thomas Stanley

CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. 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.

DECLARATION of Yu Chung Ting

Exhibit One: Trademark Registration

Exhibit Two: Copyright Registration "Six Steps" with Sample

(Exhibit Three: Copyright Registration "Group Series" with Samples)

SEALED DOCUMENT by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation Exhibits to the Declaration of Yu Chung Ting (D.E. 9): Exhibit Four (Schedule A)

(Exhibit Five: Evidence)

MOTION by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation to seal

MOTION by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) AND MEMORANDUM OF LAW

MOTION by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation FOR LEAVE TO CONDUCT EXPEDITED THIRD-PARTY DISCOVERY AND MEMORANDUM OF LAW

MOTION by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation for temporary restraining order and memorandum of law

Declaration L. Pittaway

(Exhibit Side By Side Examples)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion to seal 11, ex parte application for a temporary restraining order, including a temporary injunction and a temporary asset restraint 14, motion for leave to conduct expedited third-party discovery 13, and motion for electronic service of process 12 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. The Court presumptively requires a bond of $1,000 per defendant. Enter Sealed Temporary Restraining Order at 12:00 p.m. on 7/2/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 7/9/2024. Telephone status hearing is set for 7/16/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 7/2/2024. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 7/16/2024 is stricken. Mailed notice

SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A

MOTION by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation for preliminary injunction

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 18 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 20 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. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 7/30/2024 is stricken. Summons was issued on 7/22/2024, and Defendants' responses to the complaint are due by 8/15/2024. Plaintiff should file any motion for entry of default and default judgment by 9/5/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 9/17/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 7/29/2024. Mailed notice

ATTORNEY Appearance for Defendant Tropical Sirens Store by Ahad Syed

Defendant Tropical Sirens Corp d.b.a. Tropical Sirens Store ANSWER to Complaint with Jury Demand by Tropical Sirens Store

BOND in the amount of $ 8,000 posted, Law Firm, Receipt No.: 100009238, Check by Collectanea J. Limited, a Hong Kong Limited Corporation.

NOTICE of Voluntary Dismissal by Collectanea J. Limited, a Hong Kong Limited Corporation as to Defendant (No. 2) Blue Heart Global LLC

MOTION by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation for entry of default as to Def. Nos. 1, 3-7, MOTION by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation for default judgment as to as to Def. Nos. 1, 3-7

(Declaration of L. Pittaway)

CERTIFICATE of Service by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 27 for entry of default and default judgment against Defendant Nos. 1, 3-7. Defendant Nos. 1, 3-7 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 9/17/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 9/17/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. 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. A tentative default judgment hearing is set for 9/26/2024 at 9:15 a.m. Status hearing set for 9/17/2024 is stricken. Mailed notice.

CERTIFICATE of Service by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation

MINUTE entry before the Honorable Sunil R. Harjani: The following order does not apply to Defendant Tropical Sirens Store. Defendant Nos. 1, 3-7 have failed to respond to plaintiff's motion for entry of default judgment. Accordingly, the motion [27] 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 mark and 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 $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established [30] that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 9/26/2024 is stricken. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any defendant. Enter separate Final Default Judgment Order. Mailed notice

FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 9/18/2024. Mailed notice

MOTION by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation for bond release

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion for Release of Injunction Bond 41 is granted. The eight-thousand-dollar ($8,000.00 USD) bond posted by Plaintiff, including any applicable or earned interest, is hereby released to Plaintiff's counsel: Michael Stanley and Associates, P.C. The Clerk of the Court is directed to return said bond previously deposited with the Clerk of the Court to Plaintiff's counsel by check made out to: Michael Stanley and Associates, P.C., 5455 N. Sheridan Road, Unit 503, Chicago, Illinois 60640. Mailed notice

ORDER ON PLAINTIFF'S MOTION FOR RELEASE OF INJUNCTION BOND 41 42. Signed by the Honorable Sunil R. Harjani on 10/11/2024. Mailed notice

MAILED trademark report with certified copy of minute order dated 10/4/2024 to Patent Trademark Office, Alexandria VA. (jn,)

MOTION by Defendant ArcherSkyes, LLC to set aside default JUDGMENT

Affidavit

(Exhibit)

MOTION by Defendant ArcherSkyes, LLC to amend/correct MOTION TO SET ASIDE DEFAULT JUDGMENT

Affidavit

(Exhibit)

MINUTE entry before the Honorable Sunil R. Harjani: Defendant ArcherSkyes, LLC's Amended Motion to Set Aside Default Judgment 46 shall be briefed as follows: Plaintiff's response is due by 11/20/2024 and Defendant's reply is due by 11/27/2024. In-person motion hearing set for 12/5/2024 at 9:30 a.m. in Courtroom 1925. Defendant ArcherSkyes, LLC's Motion to Set Aside Default Judgment 45 is denied as moot. Mailed notice

RESPONSE by Collectanea J. Limited, a Hong Kong Limited Corporationin Opposition to MOTION by Defendant ArcherSkyes, LLC to amend/correct MOTION TO SET ASIDE DEFAULT JUDGMENT 46

Exhibit One: Declaration of L. Pittaway

Exhibit Two: July 25 Service Email

Exhibit Three: Sept. 9 Service Email

(Exhibit Four: Sept. 11 Service Email)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collectanea J. Limited, a Hong Kong Limited Corporation (Amended)

MOTION by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation to compel notice of affiliates for Defendant ArcherSkyes LLC **OPPOSED**

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion to compel 50 is set for 12/5/2024 at 9:30 a.m. in Courtroom 1925. Mailed notice

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ArcherSkyes, LLC

REPLY by ArcherSkyes, LLC to response in opposition to motion, 48

Affidavit Affidavit of Scott Browdy

Exhibit XHIBIT 1_2024-10-01 SB email to Ms. Pittaway of Ford Banister

(Exhibit EXHIBIT 2_2024-10-31 SB email to Ms. Pittaway of Ford Banister + attachment)

MINUTE entry before the Honorable Sunil R. Harjani: In-person motion hearing held. As stated on the record, and without objection, Defendant ArcherSkyes, LLC amended motion to set aside default judgment 46 is granted. The default judgment against Defendant ArcherSykes is vacated. Plaintiff's motion to compel 50 is stricken as moot. In light of the oral notice of voluntary dismissal by Plaintiff, this case is hereby dismissed without prejudice. Civil case terminated. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA