2024-cv-07467

COMPLAINT filed by Converse Inc.; Filing fee $ 405, receipt number AILNDC-22382302.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Converse Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Converse Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Converse Inc.

Notice of Claims Involving Trademarks by Converse Inc.

ATTORNEY Appearance for Plaintiff Converse Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Converse Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Converse Inc. by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiff Converse Inc. by Berel Yonathan Lakovitsky

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. 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.

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 September 3, 2024, the Court may dismiss this matter for failure to prosecute. Mailed notice.

MOTION by Plaintiff Converse Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Converse Inc. in support of motion for temporary restraining order[12]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Joe Pallett regarding memorandum in support of motion[13]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Converse Inc. Exhibit 3 - Parts 1-3 regarding declaration[15]

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

MEMORANDUM by Converse 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.

SEALED DOCUMENT by Plaintiff Converse Inc. Schedule A Template per [11]

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

Registry Deposit Information Form by Converse Inc.

INJUNCTION BOND in the amount of $ 10,000.00 posted by Converse Inc. (Document not scanned).

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

MOTION by Plaintiff Converse Inc. for preliminary injunction as to Certain Defendants

(Exhibit A)

MEMORANDUM by Converse Inc. in support of motion for preliminary injunction 27

DECLARATION of Marcella D. Slay regarding memorandum in support of motion 28

(Exhibit 1)

SUMMONS Returned Executed by Converse Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/30/2024, answer due 9/20/2024.

Declaration of Berel Y. Lakovitsky

(Exhibit A)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 27 for entry of a preliminary injunction as to certain Defendants. 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 September 4, 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. Mailed notice.

CERTIFICATE of Service by Plaintiff Converse Inc. regarding order on motion for preliminary injunction, text entry, 31

(Exhibit A)

MOTION by Plaintiff Converse Inc. for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Converse Inc. in support of motion for preliminary injunction[33]

DECLARATION of Marcella D. Slay regarding memorandum in support of motion[34]

Exhibit 1

SUMMONS Returned Executed by Converse Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/9/2024, answer due 9/30/2024.

Declaration of Berel Y. Lakovitsky

Exhibit A

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [33] 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 September 12, 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. Mailed notice.

CERTIFICATE of Service by Plaintiff Converse Inc. regarding order on motion for preliminary injunction, text entry, [37]

Exhibit A

NOTICE of Voluntary Dismissal by Converse Inc. as to certain defendants

MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's motions for a preliminary injunction [27] and [33] is granted. 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 [32] [38] 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. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice

PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 9/13/2024. Mailed notice

NEW PARTIES: Beijing Newsoon Garments Co., Ltd., Dongguan No. 8 Footwear Co., Ltd., Dongguan Rui Teng Gift Co., Ltd., Fujian Kaizhong Electronic Co., Ltd., Fuzhou My Ten E-Commerce Co., Ltd., Guangzhou Cengxin Technology Co., Ltd., Guangzhou Fonsenx Technology Co.,ltd, Guangzhou Huayufei Trading Co., Ltd., Guangzhou Lihaisheng Maternal And Infant Products Co., Ltd., Hangzhou Magic Kids Products Co., Ltd., Hangzhou Meixixi Technology Co., Ltd., Hefei Fengsida Trading Co., Ltd., Hefei Shali Trade Co., Ltd., Henan Huaxin Import & Export Trade Co., Ltd., Jinhua Pulatu Trading Co., Ltd., Ningbo General Union Co., Ltd., Quanzhou Hongda Business Co., Ltd., Quanzhou Lanjin Trading Co., Ltd., Quanzhou Longting Import And Export Trading Co., Ltd., Quanzhou Minshan Import & Export Trading Co., Ltd., Quanzhou Situo New Materials Co., Ltd., Quanzhou Weshine Imp & Exp Co., Ltd., Shanghai Xiangsheng Trade Co., Ltd., Shenzhen Baitejia Technology Co., Ltd., Shenzhen Chaos Bebe Kids Products Co., Ltd., Shenzhen Good Baby Kids Products Co.,limited, Shenzhen Oneok Metal & Plastic Products Co., Ltd., Shenzhen Rui Cai Gifts Co., Ltd., Suzhou NuoWeiSi Gifts Co., Ltd., Wenzhou Jun Yue Shoes Co., Ltd., Xi An Hao Baby Trading Co., Ltd., Xiamen Kaisun Trading Co., Ltd., Yangzhou Deerjia Footwear Products Co., Ltd., Yangzhou Home Ka Crafts Ltd., Yiwu Chaoshu Garment Co., Ltd., Yiwu City Chenran Trading Co., Ltd., Yiwu City Meigu Trading Co., Ltd., Yiwu Dinghong Supply Chain Management Co., Ltd., Yiwu Huanhuan Garments Co., Ltd, Yiwu Linxi Import & Export Co., Ltd., Yiwu Qiji Trading Co., Ltd., Yiwu Sangtu Import And Export Co., Ltd., Yiwu Shangshuai Trading Co., Ltd., Yiwu Xiangguan Children Products Co., Ltd., Yiwu Youwu E-Commerce Firm, Yiwu Zuanxin Import And Export Co., Ltd., Zhejiang Miyue Shoes Co., Ltd., Zhuji Northcrest Import& Export Co., Ltd., A2GQ6HK42310N, A2L6E7F2QBQ42D, A3BCH2X7E5N2BC, anxin-US, bairf, Beiping, bozongmaoyi, Comisen, DongYanXu Shop, ENSHIZHOULINDIESHANGMAOYOUXIANGONGSI, Fast delivery zzy, FengChengYu-Shop, gaoyiping, Global boutique discount stores, GuangZhouGeYingShangMao, howhaouaoudy, huai'nan'hong'tingshangmao, HZSX MZD, jhkdsah, JianDan, jieyangdianzishangwuyouxiangongsi, JiNanJuanQiFuShangMaoYouXianGongSi, kangyaa, LINSHIYINGSHOP, LiuJunBH, LiuYangG, Lqauto, luyixianxizishangmaoyouxiangongsi, lvjun111, mengzhican, MiNGHuaChEN, ndshfd, Orange-123456 Sold Store, Pin SEN Son, pingdingshanwuweishangmaoyouxiangongsi, Pljjddme US, QiYinG, SHUY, songyibin, sunmin123., TEMAOSTORE, tianqizhuaeztlm, Tongliao City Junyang Trade Bank, xianlanyikeji, Yang Shao Rui De Dian, YangBofghjk, YiQianBh, YouniPuzi, YuanYuE, ZhangMei2024, Zhejiang Fadizi E-commerce Co.,Ltd, zhengzhoushimuwenshangmaoyouxiangongsi, ZhiMAI, zjychay, shilai188-top, yiz02363, zeakmotor, BlissBox, CAI ZHEN PEI, chenkaikaishu, CY Co.Ltd., FenTu, Honest, jinanhaifengxuwangluokeji, meilichangfushi, MHD co.,ltd, Play It Again Sports LTD, SSR Wonderful Store, UBNADK, uq9e65ymsln1038, Weitian Industrial Co., Ltd., Wing Shing sports LTD, YouQiShangMaoYouXianGongSi and yuanmeishufang added to case caption.

NOTICE of Voluntary Dismissal by Converse Inc. as to certain defendant

MINUTE entry before the Honorable Lindsay C. Jenkins: By October 1, 2024, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice.

NOTICE of Voluntary Dismissal by Converse Inc. as to certain defendants

STATUS Report per [43] by Converse Inc.

MINUTE entry before the Honorable Lindsay C. Jenkins: A further status report as to regarding next steps in this case shall be filed by November 4, 2024. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice.

NOTICE of Voluntary Dismissal by Converse Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Converse Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Converse Inc. as to certain defendants

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

(Exhibit A)

MEMORANDUM by Converse Inc. in support of motion for entry of default, motion for default judgment 50

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 51

(Exhibit 1)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 50 for entry of default and default judgment against all 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 November 12, 2024. If no objections are filed by that date, the court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by November 8, 2024. A hearing may be requested by filing a Request for Hearing as a separate entry on the docket. 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.

CERTIFICATE of Service by Plaintiff Converse Inc. regarding order on motion for entry of default, order on motion for default judgment, text entry, 53

(Exhibit A)

NOTICE of Voluntary Dismissal by Converse Inc. as to certain defendant

MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [50] 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 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 $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice.

ENTERED FINAL JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 11/14/2024. Mailed notice.

FULL SATISFACTION of Judgment regarding entered judgment[57] in the amount of $100,000 as to certain defendant

MAILED trademark closing report with certified copy of orders dated 11/14/2024 to Patent Trademark Office, Alexandria VA.

FULL SATISFACTION of Judgment regarding entered judgment 57 in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding entered judgment 57 in the amount of $100,000 as to certain defendants