2024-cv-06637

COMPLAINT filed by Calvin Klein Trademark Trust, Tommy Hilfiger Licensing LLC, Calvin Klein, Inc.; Filing fee $ 405, receipt number AILNDC-22301194.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC Schedule A regarding complaint, [1]

MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC

Notice of Claims Involving Trademarks by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC

ATTORNEY Appearance for Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC by Jennifer Van Nacht

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Maria Valdez. 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.

MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC 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 Dawn Buonocore-Atlas regarding memorandum in support of motion[12]

Exhibit 1

SEALED EXHIBIT by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC Exhibit 2 - Parts 1-7 regarding declaration[14]

MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC in support of motion for miscellaneous relief[16]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 3 and motion for electronic service of process 16 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 11 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Preliminary injunction hearing is set for 8/16/2024 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33. Motion for preliminary injunction or motion to extend TRO must be filed by 8/13/2024. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. In addition plaintiff must promptly serve process electronically now that an order allowing this has been entered. If plaintiff waits until too close to the date for the preliminary injunction hearing the Court may deny entry of a preliminary injunction on the basis that the defendants have not had a fair chance to respond. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 8/2/2024.

Registry Deposit Information Form by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC

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

MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for preliminary injunction as to certain Defendants

Exhibit A

RESPONSE by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLCin Support of MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for preliminary injunction as to certain Defendants [22]

Declaration of Marcella D. Slay

Exhibit 1

MEMORANDUM by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC in support of motion for preliminary injunction[22]

Declaration of Marcella D. Slay

Exhibit 1

SUMMONS Returned Executed by Calvin Klein Trademark Trust, Tommy Hilfiger Licensing LLC, Calvin Klein, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/12/2024, answer due 9/2/2024.

Declaration of Jennifer V. Nacht

Exhibit A

SURETY BOND in the amount of $ 10,000 posted by Calvin Klein Trademark Trust (Document not scanned).

MINUTE entry before the Honorable Matthew F. Kennelly: The hearing date previously set for plaintiff's motion for preliminary injunction is 8/16/2024. The docket reflects that plaintiff electronically served process on the defendants on 8/12/2024. In the Court's view this does not give the defendants sufficient notice of the lawsuit to be able to address the preliminary injunction motion just a few days later (as the Court at least suggested in its order setting the date). The Court therefore, at its own instance, extends the ex parte temporary restraining order through 8/23/2024 and resets the telephonic preliminary injunction hearing 8/23/2024 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33.

SUMMONS Returned Executed by Calvin Klein Trademark Trust, Tommy Hilfiger Licensing LLC, Calvin Klein, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/16/2024, answer due 9/6/2024.

Declaration of Marcella D. Slay

(Exhibit A)

ATTORNEY Appearance for Defendant Cocoinsity by Baruch Simcha Gottesman

MOTION by Defendant CocoinsityOrder pursuant to Rule 5(c)(1) that Service of Pleadings and Motions on Plaintiff Constitutes Notice of the Pleading or Motion on All Parties

MOTION by Defendant Cocoinsity to vacate SEALED Order[20], order on motion for leave to file, order on motion for temporary restraining order, order on motion for miscellaneous relief, set deadlines/hearings, [19]

Supplement Memorandum of Law in Support of Motion to Vacate Temporary Restrainin

Affidavit Affidavit in Support

Exhibit A - Supporting Paperwork that Allegedly Demonstrates Cocoinsity's I

Exhibit B - Plaintiffs' USPTO Registration that were Allegedly Infringed

Exhibit C - Other Examples of Use of Design

Exhibit D - Financials of Actual Sales

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic hearing on motion pursuant to Rule 5(c)(1) and motion to vacate the TRO (etc.) as to defendant Cocoinsity is set for 8/23/2024 at 8:35 AM, using call-in number 650-479-3207, access code 980-394-33. The Court emphasizes that it has not moved the hearing on plaintiff's motion for preliminary injunction, which will be addressed separately and remains set for 8:50 AM on 8/23/2024.

NOTICE of Voluntary Dismissal by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC as to certain defendant

RESPONSE by Defendants Cocoinsity, The Partnerships and Unincorporated Associations Identified on Schedule A to motion for miscellaneous relief 30, set motion and R&R deadlines/hearings, 32, motion to vacate, 31 Letter to Court Advising that Settlement has been Reached and therefore Motion to Vacate Mooted and Respectfully Withdrawn

ATTORNEY Appearance for Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC by Rachel S Miller

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 8/23/2024. Defendant Cocoinsity's motions for Order pursuant to Rule 5(c)(1) 30 and to Vacate Sealed Order 31 are terminated as moot based on the parties' reported settlement. Mailed notice.

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing on the preliminary injunction held on 8/23/2024. Plaintiff's motion for preliminary injunction 22 is granted. Plaintiff's counsel is to send a revised preliminary injunction order to Judge Kennelly's proposed order email address. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Greer, Burns and Crain, Ltd. 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 located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a telephonic status hearing on 11/6/2024 at 8:50 a.m. The following call-in number will be used for the hearing: 650-479-3207, access code 980-394-33. Plaintiff's counsel is directed to file a status report by 10/30/2024. 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.

NEW PARTIES: Dongguan Laboer Technology CO.,LTD, Dongguan Shatian Chengming Garment Accessories Factory, Guangzhou Fugui Clothing Co., Ltd., Guangzhou Shiwai Foreign Trade Clothing Co., Ltd., Jiangxi Kaishun Garments Imp.& Exp. Co., Ltd., Nanchang Atop Garment Co., Ltd., Shenzhen Mailanda Trading Co., Ltd., Xiamen Qianyou Delin Trading Co., Ltd., Yiwu City Fumiao Leather Co., Ltd., Yiwu Union Splendor Imp & Exp Co., Ltd., Shop Yawn-- I am asleep Store, Acelitly, bluewolfsea, FYDHAI store, Haloladies, hengyangzhenpinqingdaohaichanyouxiangongsi, JIHAJU STORE, MRSYVES, NZMY shop, Remxi, XibeiTrading, Yuehu188, zundabaihuo, kithh2, lifecycle, uohp, wev8, Xmlongbida, Allen s-stone, aowoii, athrdb, camema-21, DD.DIY.BEADS., fefeaas2 shop, hahome, hanyanye shop, Harvest Corner, hello20200928 shop, hennanquedingzhege, iiio, isp-73, ix9659, jaijiarui01, James-and-Smith, kevinlee468 shop, kusr6975, Linda-and-Betty, liuyuan01, lumbe_6296, luosanfang, uhrb_96, unifection, Wholesale-Fashion-Store, yichunshi_7853, youaregonnaloveme, zwtgunj88, BEAUTIFUL LIFES A, CBR Curve, Eterna, Fashionclothes, HANI, LovelyWholesale, Doyfacai store, YT E-Commerce Co.,Ltd, kristindorn.com, calvinklein-eu.com, calvinkleinofficial.com, calvinkleinoutlet-usa.com, ckthailandonline.com, calvinandkleingreece.com, calvinandkleinportugal.com, ckportugaloutlet.com, ckaustraliasale.com, cksaudiarabia.com, ckirelandsale.com, ckphilippinesdistributor.com, calvin-kleinireland.com, calvin-kleinuk.com, ckvipstore.com, ckshopnow.com, calvinkleinstyles.com, ckvogueshop.com, cksouthafrica.com, calvinbrasil.com, calvinkleinessentials.com, svipsaleck.com, ck-uruguay.com, ck-saudiarabia.com, ckvoguestore.com, calvinsvip.com, vipshopck.com, ckclothingonline.com, shopkidsoutdoortoys.com, annamariavenuto.shop, uteflamm.shop, andreabeaudion.shop, caroltidwell.shop, jessicamanini.shop, blousonsvestesfr.com, hotsalekitchenwares.com, emporiumaccessory.com, finestmakeups.com, rusticluminaire.com, ownermen.com, jewelry-fashionary.com, paddedzip-jacket.com, durablevogue.com, fashionuskids.com, voguewomansale.com, menclothingfr.com, finestcosplayitems.com, valeriecognet.shop, librariaubt.com, salefashionclothes.com, ckofficialsite.com, calvinsivp.com, hilfliger-canada.com, tommycanadaoutlet.com, geacatommyromania.com, tommyhilfigeroutletonlineuk.com, tommyhilfigeroutletcanada.com, tommyclothingstore.shop, newyorktommyhilfiger.com, tommycanadawebsite.com, tommysales.shop, tommyegyptstores.com, tommyfactoryoutlet.com, tommyshophungary.com, hilfiger-sk.com, tommycanadaonlinestore.com, tommyclothingstores.shop, tommygroup.shop, tommyhilfigerscanada.com, hilflger-chile.com, hilfger-canadas.com, tommyhilfigerchile.com, tommyhilfiger-hrvetska.top, usatommyhilfiger.us.com, clothingsincere.com, online-toolsale.com and fashionablewise.com added to case caption.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 8/23/2024. Mailed notice.

NOTICE of Voluntary Dismissal by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC as to certain defendants

MOTION by Defendant LovelyWholesale to extend deadline to answer or otherwise respond. (Received via pro se email on 8/30/24).

MOTION by Defendant CBR Curve to extend deadline to answer or otherwise respond. (Received via pro se email on 8/30/24).

MOTION by Defendant Eterna to extend deadline to answer or otherwise respond. (Received via pro se email on 8/30/24).

MINUTE entry before the Honorable Matthew F. Kennelly: Motions by defendants LovelyWholesale 40, CBR Curve 41, and Eterna 42 for extension of time are granted; these defendants' responses to the complaint are to be filed by 10/3/2024. This does not affect any other date or deadline set by the Court.

MINUTE entry before the Honorable Matthew F. Kennelly: Order: It has come to the Court's attention that the access code for its telephonic conference line was changed without notice. For any telephonic hearing set in this case the following call-in number will be used: 650-479-3207; access code 2305-915-8729. That is the number that should be used for any telephonic hearing in this case after today's date. Mailed notice

NOTICE of Voluntary Dismissal by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC as to a certain Defendant

MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for entry of default, MOTION by Plaintiffs Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC for default judgment as to all Defendants with the exception of certain Defendants

Exhibit A

MEMORANDUM by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC in support of motion for entry of default, motion for default judgment, [46]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[47]

Exhibit 1

DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 9/11/2024: Plaintiff's motion for entry of default judgment as to certain defendants is granted.

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions 49 in the amount of $100,000 as to certain defendants

NOTICE of Voluntary Dismissal by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC as to certain defendants

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions 49 in the amount of $100,000 as to certain defendants

NOTICE of Voluntary Dismissal by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC as to certain defendant

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions[49] in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions 49 in the amount of $100,000 as to a certain Defendant

STATUS Report pursuant to [37] by Calvin Klein Trademark Trust, Calvin Klein, Inc., Tommy Hilfiger Licensing LLC

MINUTE entry before the Honorable Matthew F. Kennelly: It appears from plaintiff's status report that all defendants in this case have been disposed of by judgment or settlement. The telephonic status hearing set for 11/6/2024 is vacated. The Clerk is directed to close the case. Civil case terminated. Mailed notice

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions 49 in the amount of $100,000 as to certain defendant