2024-cv-05812

COMPLAINT filed by Fox Head, Inc.; Filing fee $ 405, receipt number AILNDC-22225416.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Fox Head, Inc. Schedule A regarding complaint 1

MOTION by Plaintiff Fox Head, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fox Head, Inc.

Notice of Claims Involving Trademarks by Fox Head, Inc.

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Rachel S Miller

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Trevor Christian Talhami

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Maria Valdez. 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 Fox Head, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Fox Head, Inc. in support of motion for temporary restraining order 11

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Vance Lommen regarding memorandum in support of motion 12

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Fox Head, Inc. Exhibit 2 - Parts 1-10 regarding declaration 14

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

Exhibit 2-6

Exhibit 2-7

Exhibit 2-8

Exhibit 2-9

(Exhibit 2-10)

SEALED EXHIBIT by Plaintiff Fox Head, Inc. Exhibit 2 - Parts 11-14 regarding declaration 14

Exhibit 2-11

Exhibit 2-12

Exhibit 2-13

(Exhibit 2-14)

MOTION by Plaintiff Fox Head, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Fox Head, Inc. in support of motion for miscellaneous relief 17

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18

Exhibit 1

(Exhibit 2)

MAILED Trademark report to Patent Trademark Office, Alexandria VA

((List of Trademarks ex 1))

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Luana Faria De Souza (Faria De Souza, Luana)

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.

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Yu Hin Jeffrey Tsai (Tsai, Yu Hin)

MINUTE entry before the Honorable Andrea R. Wood: This matter comes before the Court on Plaintiff's motion for leave to file under seal 3, Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 11, and Plaintiff's motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 17. Having reviewed the motions and supporting documentation in chambers, the Court grants Plaintiff's motion for leave to file under seal 3, motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 11, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 17. Enter Sealed Temporary Restraining Order. Plaintiff is advised that the Court has granted the request for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) for Defendants to be served by emailing Defendants with both copies of the documents to be served and a link to the website containing the documents. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 2, and (2) Exhibit 2 to the Declaration of Vance Lommen 15, 16. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:00 a.m. on 3/19/2025 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 4/2/2025 at 10:30 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 3/19/2025. Mailed notice

Registry Deposit Information Form by Fox Head, Inc.

SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Fox Head, Inc.

SUMMONS Issued (Court Participant) as to Changzhou Kuqi Intelligent Technology Co., Ltd. and all other Defendants identified in the Complaint

INJUNCTION BOND in the amount of $ 10,000 posted by Fox Head, Inc. (Document not scanned).

MOTION by Plaintiff Fox Head, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Fox Head, Inc. in support of extension of time[30]

DECLARATION of Trevor C. Talhami regarding memorandum in support of motion[31]

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex parte motion to extend the temporary restraining order [30] is granted. The Court finds good cause to extend the temporary restraining order an additional 14 days to 4/16/2025. Telephonic status hearing set for 4/2/2025 is stricken and reset for 4/16/2025 at 12:45 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Rachel Ackerman

MOTION by Plaintiff Fox Head, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Fox Head, Inc. in support of motion for preliminary injunction[35]

Declaration of Trevor C. Talhami

SUMMONS Returned Executed by Fox Head, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/11/2025, answer due 5/2/2025.

Declaration of Rachel M. Ackerman

Exhibit A

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of a preliminary injunction [35] will be heard at the telephonic hearing set for 4/16/2025 at 12:45 PM. Any person wishing to be heard on the motion shall file an appearance and contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Hannah Alexa Abes

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 4/16/2025. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [35] is granted. Enter Preliminary Injunction Order. Plaintiff's anticipated motion for default and default judgment shall include a spreadsheet that identifies up-to-date information on the amounts that are being restrained for each of the remaining defendants. The Clerk's Office is directed to unseal: (1) Schedule A to the complaint [2], (2) Exhibit 2 to the Declaration of Vance Lommen [15], [16], and (3) the sealed temporary restraining order [25]. Plaintiff's counsel is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic status hearing set for 5/20/2025 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 4/16/2025. Mailed notice

NEW PARTIES: Changzhou Kuqi Intelligent Technology Co., Ltd., CYS(Guangzhou) Import&Export Trade Co., Ltd., Dongguan Siweilu Outdoor Products Co., Ltd., Fortunate apparel & accessories (Xiamen) Co., Ltd., Guangzhou Boyi Trading Co., Ltd., Guangzhou Moda Qishou Trade Co., Ltd., Guangzhou Mosaike Modification Accessories Co., Ltd., Guangzhou Sinuoge Electronic Commerce Co., Ltd., Hangzhou Fuaiou Science & Technology Co., Ltd., Hangzhou Fuqi Imp.& Exp. Co., Ltd., Hangzhou Hooye Technology Co., Ltd., Hangzhou Yiaisi Import And Export Co., Ltd., Nantong Ice Bear Trading Co., Ltd., Ningde Fuma Motorcycle Parts Co., Ltd., Qingdao Yuhongjie International Trade Co., Ltd., Quanzhou Nsby E-Commerce Co., Ltd., Quanzhou Xinyu International Trade Co., Ltd., Shangrao Yingran Electronic Commerce Co., Ltd., Shenzhen Chenxi Sports Goods Co., Ltd., Wenzhou Feixun Trading Co., Ltd., Wenzhou Leiden Helmet Manufacturing Co., Ltd., Wenzhou Yabisi Sporting Goods Co., Ltd., Xi'an Mpm Import And Export Trading Co., Ltd., Xiamen Jiatex Import And Export Co., Ltd., Xiamen Wellgold Industry Co., Ltd., Yiwu Riding Ornament Outdoor Products Co., Ltd., Yiwu Subo Motorcycle Fittings Co., Ltd., Yongkang Cp Import & Export Co., Ltd., Yueqing Yile Model Co., Ltd., Zhangzhou Sincere Apparel Co., Ltd., ATV-Moto Store, basecampcycling Store, BATFOX Cycling Store, BATFOX Official Store, Belong To You Gloves Store, Dirt MoFox01 Store, Excellent Cycling Gloves Store, FOXThor Store, MonsterBikers Store, Moto-MBX Store, One-X Store, ORBEAFOX Specialty Store, Proxima Toy Store, RACEGEAR SPORT Store, Ride a Motorcycle Store, Rossi Store, Route66 Store, Shop1102405178 Store, Shop1102647277 Store, Shop1102816090 Store, Shop1102818751 Store, Shop1102858992 Store, Shop1102879902 Store, Shop1102883298 Store, Shop1103038214 Store, Shop1103191307 Store, Shop1103312711 Store, Shop5041254 Store, Shop911261172 Store, Smart Gloves Store, XDONG MOTOR Store, xiao H Store, xiaohan Store, xueshanyangongsi, asfafafa1, asfafafa4, buydh007, buydhgategg, buydhgatess, buydhgatexp, buylulu545488, ccarcar, chihouse, chlh, chpkus, chrome7, chrome8, cow08, cyyxxmm, dhgate_beautiful, dhgate_lovey, dhgate_lt, dhgate_mv, dhgate_naive, dhgate_qm, dhgate520i, fashionclothing2023, fzcte4, gear_garage, ghcoats10, ghcoats6, ghcoats7, ghcoats8, ghcoats9, gracetop66, gracetop88, gracetop9, h5204520, hawks, hh668899, highendbrandstores01, hkshenyusheng05, homepro3, homepro7, hpqg, isbj, jin007, jiz8, k9hz, kaiser01, lang09, lian09, ljj6586, lowr, lu096lu, luxuryclothing1688, lyouyiq3, ma2233, men05, mfhy, mirabell, mkol, mqbr, mvdh, nbaq, niao009, p7gt, p94y, pang06, pcpu, ping07, pplove11, quality_store004, qyas, rcfs, rhgy, salecool, sdc_clothing888, shen8402, smarteara55, suiui, superstarfashion, tshirt222, umxt, uvds, veoc, vs0q, wfashion_outfit, wyl3136549, xianqig, xiaolinzi123, xinhemei2021, you09, youe, youyif1, yuranjiaju988, z08u, zcehao, zhangjuan008, ahamed828, bbnamned, crapo66, CyclingFactoryStore, dollvo_93, hotai18, mohomgcmgll5, outdoorsportings and welage added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Fox Head, Inc. as to certain defendants

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

Exhibit A

MEMORANDUM by Fox Head, Inc. in support of motion for entry of default, motion for default judgment[43]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[44]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default and default judgment as to all remaining Defendants [43] will be heard at the telephonic hearing set for 5/20/2025 at 10:15 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 5/20/2025. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment as to all remaining Defendants [43] is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 5/21/2025. Mailed notice

ATTORNEY Appearance for Defendant Zhangzhou Sincere Apparel Co., Ltd. by Shaoyi Che

MOTION by Defendant Zhangzhou Sincere Apparel Co., Ltd. to vacate order 48 granting default judgement

MEMORANDUM by Zhangzhou Sincere Apparel Co., Ltd. in support of motion to vacate 50 default judgement

Affidavit of Tina You

Exhibit A

(Exhibit B)

RESPONSE by Fox Head, Inc.in Opposition to MOTION by Defendant Zhangzhou Sincere Apparel Co., Ltd. to vacate order[48] granting default judgement [50]

DECLARATION of Rachel M. Ackerman regarding response in opposition to motion[52]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

MOTION by Defendant Zhangzhou Sincere Apparel Co., Ltd. for extension of time to file reply in support of its motion to vacate default judgment.

REPLY by Zhangzhou Sincere Apparel Co., Ltd. to response in opposition to motion[52] Reply in Support of Motion to Vacate Default Judgment

Exhibit 1

Exhibit 2

Declaration of Tina You

MINUTE entry before the Honorable Andrea R. Wood: Defendant's motion for extension of time [54] is granted as follows. Defendant's reply in support of its motion to vacate default judgment [55] is accepted as timely filed. Defendant's motion to vacate default judgment [50] is taken under advisement fully-briefed for ruling. Telephonic status hearing set for 8/6/2025 at 9:15 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 8/6/2025 and continued to 8/27/2025 at 10:00 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Berel Yonathan Lakovitsky

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 8/27/2025 and continued to 10/2/2025 at 10:45 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

ATTORNEY Appearance for Plaintiff Fox Head, Inc. by Lucas Allen Peterson

MINUTE entry before the Honorable Andrea R. Wood: Defendant Zhangzhou Sincere Apperal Co., Ltd's motion for vacate defendant judgment [50] remains under advisement. Telephonic status hearing set for 10/2/2025 is stricken and reset for 10/23/2025 at 9:15 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jn,)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 10/23/2025 is stricken and reset for 11/5/2025 at 10:00 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice