2024-cv-05990

COMPLAINT filed by Hallmark Licensing, LLC ; Filing fee $ 405, receipt number AILNDC-22249038.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Hallmark Licensing, LLC for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hallmark Licensing, LLC

Notice of Claims involving Trademarks by Hallmark Licensing, LLC

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Rachel S Miller

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Jennifer Van Nacht

CASE ASSIGNED to the Honorable Robert W. Gettleman. 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.)

MINUTE entry before the Honorable Robert W. Gettleman: I request the Executive Committee that the above captioned case be reassigned by lot to another judge of this Court. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED copyright report to Registrar, Washington DC

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Hallmark Licensing, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Hallmark Licensing, LLC in support of motion for temporary restraining order[15]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Stacey Howe regarding memorandum in support of motion[16]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Exhibit 3 - Parts 1-2 regarding declaration[18]

MOTION by Plaintiff Hallmark Licensing, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Hallmark Licensing, LLC in support of motion for miscellaneous relief[20]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[21]

Exhibit 1

Exhibit 2

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[20], motion for temporary restraining order[15], motion for leave to file[3] before Honorable Jorge L. Alonso on 7/25/2024 at 09:30 AM.

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's ex parte motions [3] [15] [20] are granted, and no appearance is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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 is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court finds that security in the amount of $111,000 - $1,000 per defendant - is sufficient to secure the injunctive relief. Motion hearing set for 7/25/24 is stricken. Notice mailed by Judge's staff

SEALED TEMPORARY Restraining Order. Signed by the Honorable Jorge L. Alonso on 7/24/2024. Notice mailed by Judge's staff

Registry Deposit Information Form by Hallmark Licensing, LLC

SURETY BOND in the amount of $111,000 posted by Hallmark Licensing, LLC. (Document not scanned)

MOTION by Defendant Fuzzluxx to dissolve Temporary Restraining Order. (Received via Box.com on 08/01/24)

MOTION by Plaintiff Hallmark Licensing, LLC to strike MOTION by Defendant Fuzzluxx to dissolve Temporary Restraining Order 28 or in the alternative, MOTION by Plaintiff Hallmark Licensing, LLC to compel Defendant to obtain U.S. counsel

NOTICE of Motion by Rachel S Miller for presentment of motion to strike, motion to compel, 29 before Honorable Jorge L. Alonso on 8/7/2024 at 09:30 AM.

MOTION by Plaintiff Hallmark Licensing, LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Hallmark Licensing, LLC in support of extension of time 31

DECLARATION of Rachel S. Miller regarding memorandum in support of motion 32

NOTICE of Motion by Rachel S Miller for presentment of extension of time 31 before Honorable Jorge L. Alonso on 8/7/2024 at 09:30 AM.

PRO SE Appearance by Defendant Xiaofei Liu. (Received via pro se email on 8/3/2024)

LETTER from Xiaofei Liu, Owner of FUZZLUX. (Received via pro se email on 8/3/2024)

HEARING STATEMENT and Response to Plaintiff's Motion filed by Xiaofei Liu. (Received via pro se email on 8/3/2024)

REQUEST FOR INTERROGATORIES and Document Production filed by Defendant Xiaofei Liu Owner, FUZZLUXX. (Received via pro se email on 8/3/2024)

COUNTERCLAIM AND REQUEST for Damages filed by Xiaofei Liu Owner, FUZZLUXX. (Received via pro se email on 8/3/2024)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 8/7/24 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. 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. Notice mailed by Judge's staff

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. For the reasons stated on the record, Plaintiff's Motion to strike Defendant's motion to dissolve the temporary restraining order 28 or in the alternative, compel Defendant to obtain U.S. counsel 29 is granted. Defendant FUZZLUXX's Motion to dissolve temporary restraining order 28 is stricken. Defendant FUZZLUXX's Request for interrogatories and document production 38 is denied. Plaintiff's Ex Parte Motion to extend the temporary restraining order 31 is granted. The temporary restraining order is extended for 14 days to 8/21/24. Telephonic status hearing set for 8/21/24 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. 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. Notice mailed by Judge's staff

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants

MOTION by Plaintiff Hallmark Licensing, LLC for preliminary injunction

(Exhibit A)

MEMORANDUM by Hallmark Licensing, LLC in support of motion for preliminary injunction 43

Declaration of Rachel S. Miller

(Exhibit 1)

NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction 43 before Honorable Jorge L. Alonso on 8/21/2024 at 09:30 AM.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

(Exhibit A)

SUMMONS Returned Executed by Hallmark Licensing, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/16/2024, answer due 9/6/2024.

Declaration of Rachel S. Miller

(Exhibit A)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 10/22/24 at 9:30 a.m. Telephonic motion hearing held. Plaintiff's Motion for entry of a preliminary injunction [43] is granted. Enter Preliminary Injunction Order. Plaintiff 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 at www.ilnd.uscourts.gov. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. 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. Notice mailed by Judge's staff

PRELIMINARY Injunction Order. Signed by the Honorable Jorge L. Alonso on 8/21/2024. Notice mailed by Judge's staff

NEW PARTIES: Qingdao Shengqiao Gongjiang Trading Co., Ltd., Yangzhou Meiya Meiya Toys And Gifts Co., Ltd., Yiwu Moyun Import & Export Co., Ltd., A17I6SWQ7JYQXB, A1SI2K2TIQNCKJ, A1XPYU46OPT3VB, AF4ASLZ77LD6U, AGVAJ53PMB87Z, ASHIHUAs, Aurkeer, banganbu, baoagoni, BieDong, Botisuny Home Direct, Caimm, CEMONG US, CharliePuthStore, che34njie1, CHENFENGDIANZI, cheyeyahua, Chigith Morte, CHZEEOSD US, CityWaler, Dearager Daily Store, DUANYUXIANGZHOU, ElectronYB, Emenx, Fangmanfu Kids, FANYOUDIANZI, Fmine-US, FUZZLUXX, gongfufanhua(10-14 Days Delivery), guangzhouqilanmaoyiyouxiangongsi3, guixiangshengweishangmao, GYSX-US, GZJC, Hollywell Store, HOUYINGYING, INHERITANCE, jercidel (7-15 Days Delivery), Ji Xiang6hao, jidnsu, jinshuo1, JinYun-7-15 Days Arrival, jiulonghuaxuechang, JoyVue, Lianglei usa, lijiumin666, liuyangsdsd, lixiaohong6, myaay, MYELJO-US, MZYBB, Natseekgo Store, Natseekgo-Store, PCHLFC, puyangwujing, PYRYSM, PYSJHD, QINGHUA-US, Queather 7-15day to arrive storefront, QUYNH THU SHOP, RaisingKoi, RsTradea, SHENGRUSHEN, shishishelou, SHJSHOP, SUxiaomi, tandehui888, TIANJUN(10-14 Days Delivery), Tienvsha US (5-16 Days Arrive), TNOLTK-US, Vadfanxa, wangyudsidiasda, weifangaimiyewangluokejiyouxiangongsi, WOHOOMI STORE, xiangxiang7788, XiaoQing888, xin_mud, xingjicx, Xintiandi Home & Kitchen, Xuogme, YaJ2037, zhougaomingdedianpu, ZunYiZhaoRongBaiHuoYouXianGongSiShopp, MAEE, Mo Yun Plush Toys, chenjkkd, CRXIN, FSJXNDZSWYXGS, guangzhoumosuoshangmaoyouxiangongsi, hahawez, Hongjin leather, hongshishangmao, jialeshangmao, jinyueboli, KAERMUSHOP, KunMingJunDuoRan, LoomGlo, MULTIY HOMELY, nelbons, ouxuanzhengshsaxs, RRuiH Store, shansuidianzishangwu, shiyuniejunshangmaoyouxian, TaiYuanShiDanYouShangMao, TunChangWeiBangXianShangMaoYouXianGongSi, WuHuShiXiaoYun, YIDENGFS, YinShiYu001 and yunmaiqishangmaoyouxiangongsi added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to Certain Defendants

MOTION by Plaintiff Hallmark Licensing, LLC for entry of default, MOTION by Plaintiff Hallmark Licensing, LLC for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Hallmark Licensing, LLC in support of motion for entry of default, motion for default judgment 54

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 55

(Exhibit 1)

NOTICE of Motion by Rachel S Miller for presentment of motion for entry of default, motion for default judgment 54 before Honorable Jorge L. Alonso on 9/24/2024 at 09:30 AM.

(Exhibit A)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 9/24/24 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. 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. Notice mailed by Judge's staff

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Plaintiff's Motion for entry of default and default judgment [54] is granted. Enter Final Default Judgment Order. Status hearing previously set for 10/22/24 is stricken. Civil case terminated. Notice mailed by Judge's staff

FINAL Default Judgment Order. Signed by the Honorable Jorge L. Alonso on 9/24/2024. Notice mailed by Judge's staff

MAILED Closing Trademark report to Patent Trademark Office, Alexandria VA.

(Closing Minute Entry dated 9/24/2024)

FULL SATISFACTION of Judgment regarding order 60 in the amount of $150,000 as to certain defendants