2024-cv-07871

COMPLAINT filed by Bug Art Limited; Filing fee $ 405, receipt number AILNDC-22418758.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Bug Art Limited Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Bug Art Limited by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Bug Art Limited by Yanling Jiang

ATTORNEY Appearance for Plaintiff Bug Art Limited by Yi Bu

ATTORNEY Appearance for Plaintiff Bug Art Limited by Adam Grodman

ATTORNEY Appearance for Plaintiff Bug Art Limited by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Bug Art Limited by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Bug Art Limited by Christopher Romero

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bug Art Limited

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3).

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.

MAILED Copyright report to Registrar, Washington DC

SEALED DOCUMENT by Plaintiff Bug Art Limited [Amended] Schedule A to Complaint 1 and Schedule A 2

MOTION by Plaintiff Bug Art Limited for leave to file under seal

MOTION by Plaintiff Bug Art Limited for leave to file excess pages

MEMORANDUM in Support of 16 Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's Declaration

Declaration of Jane Crowther

(Exhibit 1, of Jane Crowther's Declaration)

SEALED EXHIBIT by Plaintiff Bug Art Limited Sealed Exhibit 2, Declaration of Jane Crowther regarding memorandum in support of motion, 17

(Exhibit 2)

Presentment for Exparte Motion 16 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file 14, motion for leave to file excess pages 15 before Honorable John Robert Blakey on 9/18/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: In this case, Plaintiff seeks to sue 32 defendants for infringement of 39 copyrights, see 1, 13. Joinder of multiple defendants in a single copyright infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). Although Plaintiff does not specifically reference joinder, the complaint alleges that the defendants "share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." 1 7, 10, 14. Plaintiff alleges, upon information and belief, that Defendants "are an interrelated group of infringers working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products," id. 28, and that the "Infringing Products for sale in the Defendant Internet Stores bear similarities and indicia of being related to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated." Id. 31. These are legal conclusions, which the Court need not accept. More importantly, Plaintiff's screenshot evidence belies the allegations. The evidence shows a variety of products, not a single product; and although some of the defendants' stores feature the same or similar products and photos, that is not true of all of the defendant stores. Rather, the evidence shows different products and arrangements, undermining Plaintiff's allegations concerning relatedness. As a result, the Court finds that Plaintiff has failed to support the joinder of all 32 Defendants in this single action, and the Court thus dismisses the complaint 1, denies the pending motions 14, 15, 16, and strikes the 9/18/24 Notice of Motion date. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support the joinder of all Defendants in this single action, it may do so by 10/4/24. If Plaintiff fails to comply, the Court will dismiss this case. If Plaintiff elects to amend its complaint, it should also ensure that its allegations support the exercise of personal jurisdiction over each Defendant; allegations concerning the mere maintenance of a website accessible in Illinois remain insufficient to confer personal jurisdiction. See, e.g., Am. Bridal & Prom Indus. Ass'n, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 192 F. Supp. 3d 924, 93435 (N.D. Ill. 2016) (simply alleging the existence of purported counterfeiting via an interactive website is not enough, by itself, to confer personal jurisdiction). Mailed notice

AMENDED complaint by Bug Art Limited against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Bug Art Limited Second Amended Schedule A 2 13 to Amended Complaint 21

MOTION by Plaintiff Bug Art Limited for leave to file under seal [RENEWED]

MOTION by Plaintiff Bug Art Limited for leave to file excess pages [RENEWED]

MEMORANDUM in Support of 25 Renewed Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's Declaration

Declaration of Jane Crowther

(Exhibit 1, of Jane Crowther's Declaration)

SEALED EXHIBIT by Plaintiff Bug Art Limited [Amended] Sealed Exhibit 2, Declaration of Jane Crowther regarding memorandum in support of motion, 26

(Exhibit 2)

Presentment for Renewed Exparte Motion 25 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file excess pages 24, motion for leave to file 23 before Honorable John Robert Blakey on 10/2/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Plaintiff has filed an amended complaint and now seeks to sue four Defendants in this single action. See 21, 22. Joinder of multiple defendants in a single infringement action remains appropriate only if the claims against the Defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all Defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff alleges that Defendants "share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." 1, paragraphs 7, 10, 14. Plaintiff also alleges that the "Infringing Products for sale in the Defendant Internet Stores bear similarities and indicia of being related to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated." Id., paragraph 31. The screenshot evidence submitted in support of Plaintiff's TRO motion confirms these allegations, see [27-1], and the Court thus finds that the record supports the joinder of all four Defendants in this single suit. Plaintiff's amended allegations also support the exercise of personal jurisdiction over Defendants, see 21, paragraph 15 ("each defendant has offered to sell and has shipped one or more infringing products into this judicial district."). Plaintiff may proceed on the amended complaint 21, and, based upon the record, the Court grants Plaintiff's renewed motions for leave to file under seal 23 and to file excess pages 24. The Court also grants Plaintiff's renewed ex parte motion for entry of a temporary restraining order 25. Enter Sealed. Order. Absent further order, this TRO will expire 10/15/24. The 10/2/24 Notice of Motion date is stricken. Mailed notice

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

MOTION by Plaintiff Bug Art Limited for preliminary injunction

MOTION by Plaintiff Bug Art Limited for extension of time for the Temporary Restraining Order

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion 38 to extend the temporary restraining order entered 10/01/2024 29. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 10/29/24. The 10/16/24 Notice of Motion date is stricken. Mailed notice

ATTORNEY Appearance for Defendant Yundily by Steven G Kalberg

ATTORNEY Appearance for Defendant Yundily by David Randolph Bennett

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 10/25/24. Defendant #3 present in court via defense counsel. As discussed in court and based upon the same findings made in this Court's TRO 30, this Court finds that a preliminary injunction is appropriate and warranted and thus grants Plaintiff's motion for preliminary injunction 32. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff shall file an updated status report by 11/29/24 and shall add all defendants listed on Schedule A to the Court's docket within three business days of this order. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 10/25/2024. Mailed notice

NEW PARTIES: helloladies, NOVEBERSNO and HI MISS added to case caption. Terminating The Partnerships and Unincorporated Associations Identified on Schedule A

NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 45 this case is dismissed without prejudice under Rule 41(a) as to the following Defendants: helloladies (No. 1); NOVEBERSNO (No. 2); HI MISS (No. 4); and Yundily (No. 3). Absent reinstatement by 12/31/24, this dismissal as to these Defendants shall automatically convert to a dismissal with prejudice. Mailed notice.

STATUS Report by Bug Art Limited

MINUTE entry before the Honorable John Robert Blakey: All matters in dispute now having been resolved, this case is closed. Civil case terminated. Mailed notice

ENTERED JUDGMENT Mailed notice