2024-cv-12136

COMPLAINT filed by Those Characters from Cleveland, LLC; Filing fee $ 405, receipt number AILNDC-22769442.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Adam Grodman

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Christopher Romero

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Yanling Jiang

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Yi Bu

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC [Amended] Schedule A to Complaint 1 and Schedule A 2

MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file under seal

MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages

MEMORANDUM in Support of 14 Exparte Motion

Declaration of Keith A. Vogt

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

Declaration of Sean Gorman

Exhibit 1, of Sean Gorman's Declaration

(Exhibit 2, of Sean Gorman's Declaration)

SEALED EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Sealed Exhibit 3, Declaration of Sean Gorman regarding memorandum in support of motion, 15

Exhibit 3-1

(Exhibit 3-2)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal [12], motion for leave to file excess pages [13], and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process [14] are granted as to amended schedule A. Plaintiff's submissions 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 file under seal the documents identified in the motion to seal. 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, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows 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 counterfeit 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 2/3/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice.

SEALED ORDER. Signed by the Honorable Jeffrey I Cummings on 12/4/2024. Mailed notice.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

SURETY BOND in the amount of $ 10,000.00 posted by Those Characters from Cleveland, LLC. (Document not scanned). (jn,)

MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction

MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction[20]

Declaration of Keith A. Vogt

Exhibit 1, of Keith A. Vogt's Declaration

SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/11/2024, answer due 1/1/2025.

Declaration of Service

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction [20]. 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 or before December 23, 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 order entering the TRO, the TRO is extended to and including the date upon which 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 Fed.R.Civ.P. 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 Those Characters from Cleveland, LLC regarding text entry, [23]

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

((List of Tradmarks, Ex. 1))

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

MAILED Copyright report to Registrar, Washington DC.

((List of Copyrights))

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 12/20/2024: Mailed notice.

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction [20] 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 that it provided electronic notice to defendants of the pendency of this action and the motion, 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 Jeffrey I Cummings on 12/30/2024. Mailed notice

ATTORNEY Appearance for Defendant JINWU Co., Ltd by He Cheng

NEW PARTIES: Chengdegaoxinquhuahuaguliangxiaoshoubu, chenjianquan123, Chistepper, ENMOON Direct-JS, GlobalSlelct, HNKUGF, HTImy, Ke Yu, liuboart, LuckyOnly, MiZhuCharms, NanPingMaoYiYouXianGongSi, New Starting point, Order, Yarsman, Yourbaby, zongdashangmao, acoback, Aimaruiwal, Amandaa, AOFITGLS, ben36339652225, chenyangtaiyang, chenyanmaoyi, chuangxunkeji, Circleprints, CRDWN Co.Ltd, Cynthiaa, Dealzilla, DingJianHui, DJWCB, Dongjiedianzi Co. ltd, DuDiKa, DuiMaXiMaoYi, gjnfMMF, Great Shopping Day, GuangZhouFuLong, guangzhouqingzhimaoyi, Guosongsong123, HCHPEJ, Heavenly gifts, huangyiyun, INPERCUST, invdc, jinanningboxinxikeji, JINWU Co.Ltd, jjuiyc, Kinbax, KTFETY and Defendant 9 added to case caption. (Text entry; no document attached.)

MOTION by Defendant JINWU Co., Ltd to dismiss for lack of jurisdiction

Exhibit Ex. 1 - Declaration of Jincheng Wu

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

MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of defendant JINWU's motion to dismiss [32]. Plaintiff shall respond by 1/21/25 and defendant JINWU shall reply by 1/31/25. The Court will review the parties' submissions and will either issue a ruling by mail or set a hearing if appropriate. Mailed notice

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

MOTION by Plaintiff Those Characters from Cleveland, LLC for default judgment as to the Defendants Identified in First Amended Schedule A

MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for default judgment 36

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

MOTION by Plaintiff Those Characters from Cleveland, LLC to stay regarding MOTION by Defendant JINWU Co., Ltd to dismiss for lack of jurisdiction [32] [Opposed] Plaintiffs Motion and Incorporated Memorandum in Support to Stay Defendants Motion [32], and For Leave to Conduct Jurisdictional Discovery

Exhibit 1

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion [39] for entry of default and default judgment. Excluding defendant no. 47 (JINWU), all remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure against the remaining defendants, excluding defendant no. 47 (JINWU). Any objections to the motion for entry of default judgment must be filed on or before 1/24/25. 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. Mailed notice

CERTIFICATE of Service by Plaintiff Those Characters from Cleveland, LLC regarding text entry, 39

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

MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of plaintiff's motion for leave to stay briefing on defendant Jinwu's motion to dismiss and for leave to conduct jurisdictional discovery 38. Defendant Jinwu shall respond by 3/10/25 and plaintiff shall reply by 3/17/25. The Court will review the parties' submissions and will either issue a ruling by mail or set a hearing if appropriate. The previously set 2/3/25 tracking status hearing is stricken and re-set to 4/21/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

RESPONSE by JINWU Co.Ltdin Opposition to MOTION by Plaintiff Those Characters from Cleveland, LLC to stay regarding MOTION by Defendant JINWU Co., Ltd to dismiss for lack of jurisdiction 32 [Opposed] Plaintiffs Motion and Incorporated Memorandum in Support to Stay Def 38

Exhibit Ex. 1 - Recent courts decisions

(Exhibit Ex. 2 - Recent courts decisions)

REPLY by Plaintiff Those Characters from Cleveland, LLC to motion to dismiss/lack of jurisdiction 32, motion to stay, 38

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

(Exhibit 7)

MINUTE entry before the Honorable Jeffrey I Cummings: Excluding defendant no. 47 (Jinwu) who has appeared in this matter, no remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [36] 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 and copyrights 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 $75,000 is an appropriate award of statutory damages. Enter Judgment Order as to the remaining defendants excluding no. 47 (Jinwu). The parties' motions as to defendant Jinwu [32] [38] remain under advisement and the Court will issue a ruling in due course. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Jeffrey I Cummings on 4/8/2025. Mailed notice

ENTERED JUDGMENT Mailed notice

ORDER: The Court has reviewed plaintiff's motion to stay briefing on defendant Jinwu's motion to dismiss and for leave to conduct jurisdictional discovery [38] and the briefs related thereto [43] [44]. For reasons set forth below plaintiff's motion [38] is granted. This case is referred to the assigned Magistrate Judge for discovery supervision and scheduling, including resolution of any forthcoming disputes regarding the scope of jurisdictional discovery, the authority to set, adjust, and extend all discovery deadlines, and to conduct a settlement conference, if requested by the parties. Defendant's motion to dismiss on jurisdictional grounds [32] is terminated without prejudice and with leave to renew as appropriate after the completion of jurisdictional discovery. The 4/21/25 tracking status hearing is stricken and re-set to 6/16/25 at 9:00 a.m. (to track the case only, no appearance is required) Signed by the Honorable Jeffrey I Cummings on 4/21/2025: Mailed notice.

MOTION by Plaintiff Those Characters from Cleveland, LLCto Require Compliance with Local Rule 3.2

MINUTE entry before the Executive Committee: Case referred to the Honorable Young B. Kim for all further proceedings pursuant to Local Rule 72.1. Mailed notice.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by JINWU Co.Ltd

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to require compliance with Local Rule 3.2 [49] is terminated as moot in light of defendant's Local Rule 3.2 filing [50]. Mailed notice

MINUTE entry before the Honorable Young B. Kim: A status hearing is scheduled for May 13, 2025, at 2:30 p.m. by phone. The conference call number for the hearing is (650) 479-3207 and the passcode is 23158661611#. (Press # when prompted for an attendee number.) Plaintiff and Defendant Jinwu Co., Ltd. are ordered to appear for the hearing by phone and be prepared to discuss the scope and form of jurisdictional discovery they require. Emailed notice

SATISFACTION of Judgment as to defendant no. 4 ENMOON Direct-JS and defendant no. 12 MiZhuCharms

MINUTE entry before the Honorable Young B. Kim: Status hearing held and continued to June 13, 2025, at 10:00 a.m. by phone. Parties are to use the same call-in information. Defendant JINWU Co., Ltd did not appear for today's hearing. Plaintiff updated the court that the parties exchanged written discovery requests on April 25, 2025, and responses thereto are due by May 27, 2025. The court expects the parties to timely respond to written discovery requests. Parties may not notice any depositions without leave of court. Mailed notice (ec)

MINUTE entry before the Honorable Young B. Kim: Parties have resolved this case. Parties are to file the necessary joint motion with the presiding District Judge by May 30, 2025, to close the case out. The status hearing scheduled for June 13, 2025, is cancelled. All matters relating to the referral of this action having been concluded, the referral is closed, and the case is returned to the presiding District Judge. Mailed notice

MOTION by Plaintiff Those Characters from Cleveland, LLC to approve consent judgment Joint Motion for Entry of Consent Judgment as to Defendant No. 47 JINWU Co.Ltd

MINUTE entry before the Honorable Jeffrey I Cummings: The parties' joint motion for entry of consent judgment as to Defendant No. 46 (Jinwu) [57] is granted. Enter Consent Judgment. All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice

CONSENT JUDGMENT Signed by the Honorable Jeffrey I Cummings on 5/21/2025. Mailed notice

AMENDED MINUTE entry before the Honorable Jeffrey I Cummings: The parties' joint motion for entry of consent judgment as to Defendant No. 47 (Jinwu) [57] is granted. Enter Consent Judgment. All pending deadlines and hearings are stricken. Civil case terminated.Mailed notice

ENTERED JUDGMENT Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED copyright report to Registrar, Washington DC.