2024-cv-10938

COMPLAINT filed by Ubisoft Entertainment, S.A., Ubisoft, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22646881.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. by Michael A. Hierl

ATTORNEY Appearance for Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. by John Wilson

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ubisoft Entertainment, S.A., Ubisoft, Inc.

CASE ASSIGNED to the Honorable Martha M. Pacold. 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.

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Ubisoft Entertainment, S.A., Ubisoft, Inc. in support of motion for temporary restraining order, 11

Declaration Muraccini Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 1 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 2 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 3 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 4 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 5 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 6 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 7 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 8 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 9 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 10 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 11 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 12 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 13 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 14 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 15 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 16 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 17 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 18 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 19 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 20 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 21 of Muraccini Declaration

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Exhibit 2 Part 22 of Muraccini Declaration

Notice of Claims Involving Trademarks by Ubisoft Entertainment, S.A., Ubisoft, Inc.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

AMENDED complaint by Ubisoft Entertainment, S.A., Ubisoft, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Amended Schedule A

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.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file excess pages, 10, is granted. Plaintiff's motion for leave to file under seal, 7, is denied. Plaintiff's motion for a temporary restraining order, expedited discovery, and electronic service of process, 11, is granted in part and denied in part. Plaintiff seeks leave to file under seal so that plaintiff may obtain a temporary restraining order freezing the defendants' assets before revealing the defendants' identities. See 7. "The Supreme Court has made clear that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable monetary relief." Zorro Productions, Inc. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 23-cv-5761, 2023 WL 8807254, at *4 (N.D. Ill., Dec. 20, 2023) (citing Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999)); see also Shenzhen Yihong Lighting Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-cv-1560, at Dkt. 15 (N.D. Ill. Nov. 22, 2023). Indeed, "[a]s a general matter [ ] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." Id. (second alteration in original) (quoting Banister v. Firestone, No. 17-cv-8940, 2018 WL 4224444, at *9 (N.D. Ill. Sept. 5, 2018)). In Schedule A cases, plaintiffs often initially demand equitable relief in the form of an accounting of profits, but after obtaining a temporary asset freeze, plaintiffs uniformly shift their focus to demanding statutory damages. Id. at *3-4. In substance, then, if not in form, Schedule A plaintiffs seek prejudgment asset restraints to establish a fund from which money damages may be awarded. So, despite the demand in plaintiff's complaint that it be awarded defendants' profits, the court is not persuaded that plaintiff will actually seek or obtain such equitable relief-as opposed to statutory damages-in this case. See Zorro, 2023 WL 8807254, at *3-4. Thus, even if plaintiff's initial demand for an accounting of profits could provide this court with the power to issue a prejudgment asset freeze, see Grupo Mexicano, 527 U.S. at 333; Banister, 2018 WL 4224444, at *9, the court is not persuaded that such a freeze is warranted. Because the court denies the motion for a temporary restraining order, there is no reason to seal plaintiff's filings pending such relief. Plaintiff's motion for leave to file under seal, 7, is denied. Plaintiff's sealed exhibits, 8, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 38, are stricken. If plaintiff wishes to proceed with this case, plaintiff must file its exhibits publicly on the docket by 1/31/2025. To the extent plaintiff's motion, 11, seeks a temporary restraining order and expedited discovery, the motion is denied. To the extent the motion, 13, seeks electronic service of process, the motion is granted. The court finds that electronic service of process is proper under Fed. R. Civ. P. 4(f)(3). 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. To the extent that the motion requests service of process of any temporary restraining order in this case, service is not necessary because this court has already denied the motion for a TRO.

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Plaintiffs' Motion to Direct the Clerk of the Court to Unseal Docket Nos. 8, 13-34 and 38

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion to unseal Docket Nos. 8, 13-34 and 38, 41, is granted. The Clerk of the Court of directed to unseal 8, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 38.

MINUTE entry before the Honorable Martha M. Pacold: By 4/1/2025, plaintiff should file a status report updating the court on the status of this case, including the status of service.

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. to expedite Plaintiff's Motion for Expedited Discovery

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for electronic service of process, 45, is denied as moot. The court has already granted the motion for electronic service of process. 40.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for expedited discovery, 44, is granted in part and denied in part. Enter Order.

ORDER Signed by the Honorable Martha M. Pacold on 3/28/2025:

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. Plaintiff's Motion to Direct the Clerk of the Court to Issue a Summons

STATUS Report Initial Status Report by Ubisoft Entertainment, S.A., Ubisoft, Inc.

ORDER: Plaintiff's motion to issue summons, 50, is granted. Enter order. Signed by the Honorable Martha M. Pacold on 4/3/2025. Mailed notice. (jn)

ORDER. Signed by the Honorable Martha M. Pacold on 4/3/2025. Mailed notice. (jn,)

SUMMONS Issued (Court Participant) as to Defendant 24K Pure Handsome Store and all other Defendants identified in the Amended Complaint. (jn,)

MINUTE entry before the Honorable Martha M. Pacold: By 5/30/2025, plaintiff is directed to file a joint status report updating the court on the status of this case.

ATTORNEY Appearance for Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. by Elizabeth Aubree Miller

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Ubisoft Entertainment, S.A., Ubisoft, Inc.

STATUS Report by Ubisoft Entertainment, S.A., Ubisoft, Inc.

SUMMONS Returned Executed by Ubisoft Entertainment, S.A., Ubisoft, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 5/29/2025, answer due 6/19/2025.

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for leave to file Plaintiff's Motion for Leave to File an Amended Schedule A

(Exhibit 1)

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Ubisoft Entertainment, S.A., Ubisoft, Inc.

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Ubisoft Entertainment, S.A., Ubisoft, Inc. in support of motion for default judgment, 62

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 62

(Exhibit Hierl Exhibit 1)

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for default judgment as to Plaintiff's Revised Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Ubisoft Entertainment, S.A., Ubisoft, Inc. in support of motion for default judgment, 65

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 65

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A, 60, is granted. In light of plaintiff's revised motion for entry of default and default judgment, 65, plaintiff's original motion for default and default judgment, 62, is denied as moot. Any defendant who objects to the entry of default judgment shall file a response to the revised motion, 65, by 8/22/2025.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file a supplemental brief (not to exceed 10 pages) by 8/22/2025, explaining the basis for personal jurisdiction over defendant. On 7/28/2025, plaintiff moved for entry of default and default judgment against defendant. 24. "Before a court can enter a default judgment, however, it must be satisfied that it has personal jurisdiction over the defendants." Simonsen v. Bd. of Educ. of City of Chicago, No. 01 C 3081, 2002 WL 230777, at *15 (N.D. Ill. Feb. 14, 2002) (citation omitted). That is because "this Court cannot enter a default judgment against a party over whom it lacks personal jurisdiction." Pardo v. Mecum Auction, Inc., No. 12 C 08410, 2014 WL 627690, at *8 (N.D. Ill. Feb. 18, 2014); see also Deckers Outdoor Corp. v. Does 1-55, No. 11-cv-10, 2011 WL 2036454, at *2 (N.D. Ill. May 24, 2011) ("To enter a default judgment against one or more of the Defendants, the Court must have personal jurisdiction." (citing Relational, LLC v. Hodges, 627 F.3d 668, 671 (7th Cir. 2010))); Barry v. Islamic Republic of Iran, 410 F.Supp.3d 161, 171 (D.D.C. Sept. 4, 2019) ("The court must also 'satisfy itself that it has personal jurisdiction before entering judgment against an absent defendant.'" (quoting Mwani v. bin Laden, 417 F.3d 1, 6-7 (D.C. Cir. 2005))). The Seventh Circuit has, in some cases, found the existence of specific personal jurisdiction in trademark, copyright, and patent infringement suits against online retailers, but only when the defendant has shipped the allegedly infringing products to the forum state. See, e.g., NBA Props., Inc. v. HANWJH, 46 F.4th 614, 622-23 (7th Cir. 2022); Curry v. Revolution Lab'ys, LLC, 949 F.3d 385, 399 (7th Cir. 2020); Illinois v. Hemi Group, LLC, 622 F.3d 754, 758 (7th Cir. 2010). Absent fulfillment and shipment of an order into the forum state, the operation of an "interactive" online storefront is insufficient to establish personal jurisdiction. See Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."). Here, the complaint alleges that "Defendants conduct business throughout the United States, including Illinois and within this Judicial District, through the operation of the fully interactive commercial websites and online marketplaces operating under the Defendants' Internet Stores." 1 para. 16. However, "displaying products online that are shippable to Illinois amounts to nothing more than maintaining an interactive website that is accessible in Illinois. That alone cannot confer personal jurisdiction." Rubik's Brand, Ltd. v. P'ships and Unincorporated Ass'ns Identified in Schedule A, No. 20-cv-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) ("The maintenance of an interactive website, without more, is insufficient to vest a court with personal jurisdiction."). Further, the complaint alleges that each defendant, "on information and belief, has sold and continues to sell counterfeit products to consumers within the United States, including Illinois, and this Judicial District." 1 para. 16. However, "conclusory allegations stated only upon 'information and belief,' are insufficient to establish that the court has personal jurisdiction over a defendant." Cagan v. Gadman, CV 08-3710 (SJF) (ARL), 2009 WL 10712634, at *4 (E.D.N.Y. July 6, 2009) (citation omitted).

ENTERED in Error Modified on 8/8/2025.

NOTICE of Correction regarding pc request for waiver of service 70

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. to withdraw Plaintiffs' Motion to Withdraw its Motion for Entry of Default and Default Judgment [Dkt. Nos. 65, 66]

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Ubisoft Entertainment, S.A., Ubisoft, Inc.

MOTION by Plaintiffs Ubisoft Entertainment, S.A., Ubisoft, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Ubisoft Entertainment, S.A., Ubisoft, Inc. in support of motion for default judgment, 74

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 74

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is ordered again, see 69, to file a supplemental brief explaining the basis for personal jurisdiction. The brief should not exceed 10 pages and must be filed by 9/12/2025.

NOTICE of Voluntary Dismissal by Ubisoft Entertainment, S.A., Ubisoft, Inc. Plaintiff's Notice of Voluntary Dismissal Without Prejudice of all Remaining Defendants

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiffs' notice of voluntary dismissal without prejudice of all remaining defendants. 78. This dismissal took effect without court intervention. See Fed.R.Civ.P. 41(a)(1)(A)(i); Waetzig v. Haliburton Energy Servs., 145 S. Ct. 690, 694 (2025). All pending motions, 65, 72, 74, are denied as moot. Civil case terminated.