2024-cv-05610

COMPLAINT filed by Collectanea J. Limited; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-22209168.

Exhibit One: Registration with Sample ("Six Steps")

Exhibit Two: Registration with Samples ("Group Series")

Exhibit Three: CBP Report

Exhibit Four: Law Review Article

(Exhibit Five: DHS Report)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Collectanea J. Limited by Michael Thomas Stanley

ATTORNEY Appearance for Plaintiff Collectanea J. Limited by Lydia Pittaway

SEALED DOCUMENT by Plaintiff Collectanea J. Limited SCHEDULE A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collectanea J. Limited

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. 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.

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. If the template is not completed by July 22, 2024, the Court may dismiss this matter for failure to prosecute. Mailed notice.

SEALED DOCUMENT by Plaintiff Collectanea J. Limited AMENDED SCHEDULE A

(Exhibit One: Evidence)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should file a status report as to next steps (or any appropriate motion) no later than July 25, 2024. Mailed notice.

DECLARATION of Yu Chung Ting

Exhibit One: Registration with Sample

(Exhibit Two: Registration with Samples)

SEALED DOCUMENT by Plaintiff Collectanea J. Limited Exhibit Three (Schedule A) and Four (Evidence) to the Declaration of Yu Chung Ting

(Exhibit Four: Evidence)

MOTION by Plaintiff Collectanea J. Limited to seal

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

MOTION by Plaintiff Collectanea J. Limited FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3)

MOTION by Plaintiff Collectanea J. Limited for temporary restraining order

(Exhibit Declaration of L. Pittaway)

SEALED ORDER Signed by the Honorable Lindsay C. Jenkins on 7/24/2024. Mailed notice.

SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 7/24/2024. Mailed notice.

MOTION by Plaintiff Collectanea J. Limited for temporary restraining order extension of 14 days

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to extend the TRO 18 is granted. The TRO is extended to August 20, 2024. Mailed notice

BOND in the amount of $ 10,000.00 check, Receipt No. 100009478 posted by Collectanea J. Limited

REGISTRY DEPOSIT INFORMATION FORM by attorney Michael Thomas Stanley for Collectanea J. Limited. (Received at the Intake Counter on 08/09/2024.)

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

MOTION by Plaintiff Collectanea J. Limited for preliminary injunction

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 21 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 August 19, 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 orders entering the TRO, the TRO is extended until 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.

CERTIFICATE of Service by Plaintiff Collectanea J. Limited

SUMMONS Returned Executed by Collectanea J. Limited as to HASIDE-SHOP on 8/15/2024, answer due 9/5/2024; huanfen478-US on 8/15/2024, answer due 9/5/2024; huhushop on 8/15/2024, answer due 9/5/2024; Hurmers on 8/15/2024, answer due 9/5/2024; Kangmusi on 8/15/2024, answer due 9/5/2024; kasidter-US on 8/15/2024, answer due 9/5/2024; KMKChan on 8/15/2024, answer due 9/5/2024; LOPRGJO-US on 8/15/2024, answer due 9/5/2024; lvyexianzong on 8/15/2024, answer due 9/5/2024; LYKK-UKS on 8/15/2024, answer due 9/5/2024; LYK-UKS on 8/15/2024, answer due 9/5/2024; Meilishop-US on 8/15/2024, answer due 9/5/2024; Mongtos on 8/15/2024, answer due 9/5/2024; Mon-K on 8/15/2024, answer due 9/5/2024; Necus on 8/15/2024, answer due 9/5/2024; PSYSHOP on 8/15/2024, answer due 9/5/2024; QIUZHENWEISHOP on 8/15/2024, answer due 9/5/2024; Queenbox on 8/15/2024, answer due 9/5/2024; Ruaniy-US on 8/15/2024, answer due 9/5/2024; sale rush on 8/15/2024, answer due 9/5/2024; seatism61-US on 8/15/2024, answer due 9/5/2024; Senlixinr-US on 8/15/2024, answer due 9/5/2024; Siladetu-US on 8/15/2024, answer due 9/5/2024; theAAABeads on 8/15/2024, answer due 9/5/2024; TTTBQQ on 8/15/2024, answer due 9/5/2024; Udith on 8/15/2024, answer due 9/5/2024; Vakitar-m on 8/15/2024, answer due 9/5/2024; Vuslo on 8/15/2024, answer due 9/5/2024; WINYES on 8/15/2024, answer due 9/5/2024; Wostidbik-US on 8/15/2024, answer due 9/5/2024; Wroad-US on 8/15/2024, answer due 9/5/2024; wtwxj on 8/15/2024, answer due 9/5/2024; WUXINFU on 8/15/2024, answer due 9/5/2024; Xiecaiboe-US on 8/15/2024, answer due 9/5/2024; Ximkee on 8/15/2024, answer due 9/5/2024; Xocus on 8/15/2024, answer due 9/5/2024; XUNQIU on 8/15/2024, answer due 9/5/2024; XUNYINGSHANGMAOGONGSI on 8/15/2024, answer due 9/5/2024; Xzhan-US on 8/15/2024, answer due 9/5/2024; Yaminger-US on 8/15/2024, answer due 9/5/2024; Yinoua-us on 8/15/2024, answer due 9/5/2024; zxqjzhbhsh on 8/15/2024, answer due 9/5/2024.

ATTORNEY Appearance for Defendants Hurmers, Kangmusi, Ruaniy-US, Xzhan-US, Yinoua-us, huhushop by Timothy Tiewei Wang

RESPONSE by Hurmers, Kangmusi, Ruaniy-US, Xzhan-US, Yinoua-us, huhushopin Opposition to MOTION by Plaintiff Collectanea J. Limited for preliminary injunction 21

Exhibit A - Declaration of Tao Yuan

Exhibit B - Declaration of Ying Huang

Exhibit C- Declaration of Xiang Zhan

(Exhibit D - Declaration of Jie Zhao)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's reply to the motion for a preliminary injunction 21 is due by September 3, 2024. By September 6, 2024, Plaintiff and Defendants Hurmers, Kangmusi, Ruaniy-US, Xzhan-US, Yinoua-us, huhushopin, shall file a joint status report detailing their efforts to resolve or settle the matter. Plaintiff shall separately submit a revised preliminary injunction order deleting these Defendants (and any others who file a response today), to the Court's proposed Order mailbox by August 20, 2024. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendants Hurmers, Kangmusi, Ruaniy-US, Xzhan-US, Yinoua-us, huhushopin. Plaintiff's motion for a preliminary injunction 21 is granted in part. 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 23 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Michael Stanley and Associates, P.C., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 8/20/2024. Mailed notice.

ATTORNEY Appearance for Defendants Hurmers, Kangmusi, Ruaniy-US, Xzhan-US, Yinoua-us, huhushop by Tong Jin

MINUTE entry before the Honorable Lindsay C. Jenkins: The September 6, 2024 status report should also provide Plaintiff's proposal regarding next steps in this case (with the exception of the Defendants who have opposed the preliminary injunction order.) If Plaintiff intends to file a motion for default judgment as to any other Defendant, it should be filed by that date. Mailed notice.

MOTION by Plaintiff Collectanea J. Limited for extension of time Extend TRO as to Select Defendants

(Exhibit Exhibit 1)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO as to certain Defendants 32 is granted. The Court clarifies that, as to Defendants Hurmers, Kangmusi, Ruaniy-US, Xzhan-US, Yinoua-us and huhushopin, the TRO previously entered in the case is extended until 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). As previously requested, by September 6, 2024, once briefing is complete, Plaintiff and Defendants Hurmers, Kangmusi, Ruaniy-US, Xzhan-US, Yinoua-us, huhushopin, shall file a joint status report detailing their efforts to resolve or settle the matter. Mailed notice.

MOTION by Plaintiff Collectanea J. Limited for extension of time to file reply brief *AGREED*

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's agreed motion for an extension of time 34 is granted. Plaintiff's reply is now due by September 10, 2024. The parties' report detailing their efforts to resolve or settle the matter is now due by September 16, 2024. Mailed notice.

ATTORNEY Appearance for Defendant Mon-K by Timothy Tiewei Wang

MOTION by Defendants Hurmers, Kangmusi, Mon-K, Ruaniy-US, Xzhan-US, Yinoua-us, huhushop for extension of time to file answer regarding complaint, 1

MOTION by Plaintiff Collectanea J. Limited for default judgment as to Defendant Nos. 1-2, 6-13, 15-18, 20-38, 40, and 42, MOTION by Plaintiff Collectanea J. Limited for entry of default Defendant Nos. 1-2, 6-13, 15-18, 20-38, 40, and 42

(Declaration of L. Pittaway)

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants huhushop (No. 3), Hurmers (No. 4), Kangmusi (No. 5), Mon-K (No. 14), Ruaniy-US (No. 19), Xzhan-US (No. 39), and Yinoua-us (No. 41) motion for an extension of time 37 is granted. These Defendants' answers are due by September 19, 2024. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 39 for entry of default and default judgment against certain Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 September 13, 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. Mailed notice.

MOTION by Plaintiff Collectanea J. Limited for extension of time to file response/reply as to response in opposition to motion, 26 Plainitiff's Agreed Motion for Extension of Time

CERTIFICATE of Service by Plaintiff Collectanea J. Limited

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's unopposed motion for an extension of time 41 is granted. Plaintiff's reply to certain Defendants' opposition to a preliminary injunction is now due by September 16, 2024, unless a notice of settlement is filed sooner. Mailed notice.

ATTORNEY Appearance for Defendant Queenbox by Adam Edward Urbanczyk

OBJECTIONS by Queenbox to MOTION by Plaintiff Collectanea J. Limited for default judgment as to Defendant Nos. 1-2, 6-13, 15-18, 20-38, 40, and 42 MOTION by Plaintiff Collectanea J. Limited for entry of default Defendant Nos. 1-2, 6-13, 15-18, 20-38, 40, and 42 38

NOTICE by Collectanea J. Limited re objections, 45 of Non-Opposition to Defendant Queenbox's Objections to Motion for Entry of Default and Default Judgment

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Queenbox has filed objections to the entry of default, so the Court provides Defendant Queenbox until October 14, 2024 to answer or otherwise plead, without objection. If the partes reach a settlement sooner, Plaintiff should promptly file a stipulation of dismissal on the docket. Notices Mailed.

MINUTE entry before the Honorable Lindsay C. Jenkins: The following order applies only to Defendant Nos. 1-2, 6-13, 15-17, 20-38, 40, and 42. None of these Defendants have responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 38 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 marks 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. Enter Partial Final Judgment Order. Notices Mailed.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Lindsay C. Jenkins on 9/16/2024. Notices Mailed.

ATTORNEY Appearance for Plaintiff Collectanea J. Limited by Larry Ford Banister, II

MOTION by Plaintiff Collectanea J. Limited for extension of time to file response/reply as to response in opposition to motion, 26 (Agreed)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's unopposed motion for an extension of time 51 is granted. In light of the forthcoming settlements, Plaintiff has until October 7, 2024 to either file a reply to the motion for a preliminary injunction or file stipulations of dismissal. Mailed notice.

MOTION by Defendants Hurmers, Kangmusi, Mon-K, Ruaniy-US, Xzhan-US, Yinoua-us, huhushop for extension of time to file answer regarding complaint, 1

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants Hurmers, Kangmusi, Mon-K, Ruaniy-US, Xzhan-US, Yinoua-us, huhushop's unopposed motion for an extension of time 53 is granted. In light of the settlement efforts, no answer or responsive pleading is due until further order of the court. Mailed notice.

NOTICE of Voluntary Dismissal by Collectanea J. Limited DEF. (NO. 29) WINYES and (NO. 31) Wroad-US.

NOTICE of Voluntary Dismissal by Collectanea J. Limited DEF. (NO. 1) HASIDE-SHOP

NOTICE of Voluntary Dismissal by Collectanea J. Limited DEF. (NO. 35) Ximkee

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ruaniy-US

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by huhushop

NOTICE of Voluntary Dismissal by Collectanea J. Limited DEF. (NO. 4) Hurmers

as to Defs. No. 29 (WINYES) and No. 31 (Wroad-US) SATISFACTION of Judgment regarding order 49 in the amount of all amounts due

MOTION by Plaintiff Collectanea J. Limited to stay regarding response in opposition to motion, 26 Motion to Stay Briefing to Select Defendants' Response in Opposition to Plaintiff's Motion for Preliminary Injunction

MINUTE entry before the Honorable Lindsay C. Jenkins: As between Plaintiff and Defendants Ruaniy-US and Huhushop, the parties report that they have reached a settlement. Plaintiff's reply brief need not be filed by today. The parties also report that an agreement has been reached as to the other remaining Defendants, Kangmusi, Yinoua-US, and Xzhan-US. A status report as to next steps is due by October 21, 2024 unless stipulations of dismissal are filed sooner. Mailed notice.

NOTICE of Voluntary Dismissal by Collectanea J. Limited against DEF. (No. 5) Kangmusi, (No. 39) Xzhan-US, and (No. 41) Yinoua-us

STATUS Report by Collectanea J. Limited

MINUTE entry before the Honorable Lindsay C. Jenkins: A further status report as to Defendants 3, 14 and 19 is due by November 1, 2024 unless a stipulation of dismissal is filed sooner. Mailed notice.

Full SATISFACTION of Judgment regarding order 49 in the amount of All amounts due as to Defendant No. 1 (QUIZHENSHOP) Only

NOTICE of Voluntary Dismissal by Collectanea J. Limited AS TO DEF. (NO. 3) huhushop, (NO. 14) Mon-K, (NO. 19) Ruaniy-US

NOTICE of Voluntary Dismissal by Collectanea J. Limited AS TO DEF. (NO. 18) Queenbox

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed voluntary dismissals as to the last remaining Defendants [68]. There is nothing left for the Court to do, so the clerk is directed to close the case. Civil case terminated. Mailed notice.

Full SATISFACTION of Judgment regarding order[49] in the amount of All amounts due as to Defendant No. 16 (PSYSHOP) only

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collectanea J. Limited (Amended)

MOTION by Plaintiff Collectanea J. Limited for bond return

MOTION by Plaintiff Collectanea J. Limited for bond (AMENDED)

MINUTE entry before the Honorable Lindsay C. Jenkins: The motions for release of bind funds [73] [74] are granted. The clerk is directed to return and release the injunction bond funds, including the principal and any interest accrued, related to the case payable to Michael Stanley and Associates PC. Mailed notice.

ORDER regarding motion for bond signed by the Honorable Lindsay C. Jenkins on 11/25/2024. Mailed notice.

Full SATISFACTION of Judgment regarding order 49 in the amount of All amounts due as to Defendant No. 24 (theAAABeads) only