2024-cv-06917

COMPLAINT filed by Changsha Hongda Network Technology Co., Ltd.; Filing fee $ 405, receipt number AILNDC-22334493.

Exhibit Exh. 1 - An Infringing Product Listing

Exhibit Exh. 2 - U.S. Pat. D1,026,446

Errata Exh. 3 - Intellectual Property Rights Seizure Statistics

Exhibit Exh. 4 - Alibaba, Amazon, and Counterfeiting in the Age of the Internet

(Exhibit Exh. 5 - Combating Trafficking in Counterfeit and Pirated Goods)

SEALED DOCUMENT by Plaintiff Changsha Hongda Network Technology Co., Ltd. Sealed Schedule A to Complaint

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Changsha Hongda Network Technology Co., Ltd. by Konrad Val Sherinian

ATTORNEY Appearance for Plaintiff Changsha Hongda Network Technology Co., Ltd. by Depeng Bi

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 1).

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.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Changsha Hongda Network Technology Co., Ltd.

NOTICE by Changsha Hongda Network Technology Co., Ltd. re complaint, 1 Notice of Claims Involving Patents

MOTION by Plaintiff Changsha Hongda Network Technology Co., Ltd. for temporary restraining order

MEMORANDUM by Changsha Hongda Network Technology Co., Ltd. in support of motion for temporary restraining order 8

DECLARATION of Konrad Sherinian regarding motion for temporary restraining order 8

Exhibit Exh. 1 - Intellectual Property Rights Seizure Statistics

Exhibit Exh. 2 - Hague Convention

Exhibit Exh. 3 - Civil Procedure Law of the People's Republic of China

(Exhibit Exh. 4 - Binder of Unreported Cases)

DECLARATION of Xixian Cao regarding motion for temporary restraining order 8

(Exhibit Exh. 1 - D1,026,446 and Assignment Recordation)

SEALED DOCUMENT by Plaintiff Changsha Hongda Network Technology Co., Ltd. Evidence File - Stores 1-15

Exhibit Stores 16-28

Exhibit Stores 29-45

(Exhibit Stores 46-58)

MOTION by Plaintiff Changsha Hongda Network Technology Co., Ltd. to seal Schedule A to Complaint and Exhibit 2 to Declaration of Xixian Cao (Dkt. 12)

MOTION by Plaintiff Changsha Hongda Network Technology Co., Ltd. for leave to file excess pages

MAILED patent report to Patent Trademark Office, Alexandria VA

STATUS Report by Changsha Hongda Network Technology Co., Ltd.

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's unsolicited "status report" 16, which appears actually to be a motion seeking an update on Plaintiff's pending motions seeking ex parte relief in this so-called "Schedule A" case. So construed, the motion is granted, and Plaintiff is informed that its motions will be addressed in due course. Mailed notice.

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 13, ex parte motion for a temporary restraining order 8, and motion for leave to file excess pages 14 are granted in part. Plaintiff's submissions (e.g., Dkt. 11 at 16-18) 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 for now file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 12. 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, the Court holds, dubitante, that Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). This holding is subject to reconsideration in future "Schedule A" cases. Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing versions of Plaintiff's patented works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 infringing 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. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 12/27/2024.

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.

SURETY BOND in the amount of $ 10,000 posted by Changsha Hongda Network Technology Co., Ltd. Document not imaged.

MOTION by Plaintiff Changsha Hongda Network Technology Co., Ltd. for order to extend TRO

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

SUMMONS Returned Executed by Changsha Hongda Network Technology Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/8/2025, answer due 1/29/2025.

(Declaration Declaration of service)

MOTION by Plaintiff Changsha Hongda Network Technology Co., Ltd. for preliminary injunction

MEMORANDUM by Changsha Hongda Network Technology Co., Ltd. in support of motion for preliminary injunction 24

DECLARATION of Konrad Sherinian regarding motion for preliminary injunction 24

(Exhibit Exh 1 - Binder of Unreported Cases)

ATTORNEY Appearance for Defendants Linmaya US, BULKITEM, BILTRTE, Goewy, Life simple, MAXTOP Direct, Spring Store US, TAROSE DIRECT by Jeffrey Edward Schiller

NOTICE of Voluntary Dismissal by Changsha Hongda Network Technology Co., Ltd.

NOTICE of Voluntary Dismissal by Changsha Hongda Network Technology Co., Ltd.

NOTICE of Voluntary Dismissal by Changsha Hongda Network Technology Co., Ltd.

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 24 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all 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 on or before 1/27/2025." Plaintiff must file proof of service of the Court's statement within two business days of service. Plaintiff's motion 22 for an extension of the temporary restraining order 19 is dismissed as moot, as the maximum time for a TRO will expire on 1/24/2025. See Fed. R. Civ. P. 65(b)(2). To the extent the motion is not moot, it is denied in view of the pending preliminary injunction motion. Mailed notice.

DECLARATION of Depeng Bi

NOTICE of Voluntary Dismissal by Changsha Hongda Network Technology Co., Ltd.

NOTICE of Voluntary Dismissal by Changsha Hongda Network Technology Co., Ltd.

NOTICE of Voluntary Dismissal by Changsha Hongda Network Technology Co., Ltd.

NOTICE of Voluntary Dismissal by Changsha Hongda Network Technology Co., Ltd.

MOTION by Plaintiff Changsha Hongda Network Technology Co., Ltd. for default judgment as to certain defendants

MEMORANDUM by Changsha Hongda Network Technology Co., Ltd. in support of motion for default judgment 37

(Exhibit Exh. 1 - List of Defaulting Defendants)

DECLARATION of Konrad Sherinian regarding motion for default judgment 37

ORDER: Plaintiff's motion for default judgment 37 is granted. Plaintiff's motion for preliminary injunction 24 is dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 2/18/2025. Mailed notice.

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 2/18/2025. Mailed notice.

MOTION by Plaintiff Changsha Hongda Network Technology Co., Ltd. to vacate order 41 vacate default judgment

DECLARATION of Depeng Bi regarding motion to vacate 42

(Exhibit Exh 1 - Improper Service of Process Email)

MOTION by Plaintiff Changsha Hongda Network Technology Co., Ltd. for default judgment as to refiled - as to certain defendants

MEMORANDUM by Changsha Hongda Network Technology Co., Ltd. in support of motion for default judgment 44

(Exhibit Exh. 1 - List of Defaulting Defendants)

DECLARATION of Konrad Sherinian regarding motion for default judgment 44

FULL SATISFACTION of Judgment

MINUTE entry before the Honorable John F. Kness: Plaintiff's Refiled Motion for Entry of Default Judgment 44 is granted. Enter default judgment order. Mailed notice.

DEFAULT JUDGMENT ORDER signed by the Honorable John F. Kness on 3/3/2025. Mailed notice.

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Changsha Hongda Network Technology Co., Ltd. to The Law Offices Of Konrad Sherinian, Llc 1755 Park Street Suite 200 Naperville, IL 60563 via certified mail # 9589 0710 5270 0579 7776 52.

FULL SATISFACTION of Judgment

FULL SATISFACTION of Judgment