2024-cv-12440

2024-cv-12440 Mattel, Inc. vs The Partnerships and Unincorporated Associations Identified on Schedule A

Date :12/4/2024
BrandBarbie 芭比
Court :Northen District of Illinois
Law FirmGBC

#

Date

Document

1

Dec. 4, 2024

COMPLAINT filed by Mattel, Inc.; Filing fee $ 405, receipt number AILNDC-22797551.

Exhibit 1

Exhibit 2

2

Dec. 4, 2024

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

3

Dec. 4, 2024

MOTION by Plaintiff Mattel, Inc. for leave to file under seal

4

Dec. 4, 2024

CIVIL Cover Sheet

5

Dec. 4, 2024

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mattel, Inc.

6

Dec. 4, 2024

Notice of Claims Involving Trademarks by Mattel, Inc.

7

Dec. 4, 2024

ATTORNEY Appearance for Plaintiff Mattel, Inc. by Justin R. Gaudio

8

Dec. 4, 2024

ATTORNEY Appearance for Plaintiff Mattel, Inc. by Amy Crout Ziegler

9

Dec. 4, 2024

ATTORNEY Appearance for Plaintiff Mattel, Inc. by Rachel S Miller

10

Dec. 4, 2024

ATTORNEY Appearance for Plaintiff Mattel, Inc. by Hannah Alexa Abes

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 2). (dec,) (Text entry; no document attached.)

11

Dec. 4, 2024

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. Please note that the table's requirements were revised on October 10, 2024. 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. The submission must also provide a listing of all prior Schedule A cases filed in any court in the United States in which Plaintiff was a plaintiff, and a listing of any of the defendants included in the Schedule A in this case that Plaintiff has previously named as a defendant in any prior complaint or Schedule A case. Finally, by filing the template, Plaintiff certifies that Plaintiff has not used any of the screenshot evidence supplied in support of a motion for a TRO in this case in any prior proceeding. If the template is not completed by December 16, 2024, the Court may dismiss this matter for failure to prosecute. Mailed notice.

12

Dec. 10, 2024

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

13

Dec. 10, 2024

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

14

Dec. 10, 2024

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

15

Dec. 10, 2024

DECLARATION of Adam Sapper regarding memorandum in support of motion[13]

Exhibit 1

Exhibit 2

16

Dec. 10, 2024

SEALED EXHIBIT by Plaintiff Mattel, Inc. Exhibit 3 - Parts 1-2 regarding declaration[15]

17

Dec. 10, 2024

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

18

Dec. 10, 2024

MEMORANDUM by Mattel, Inc. in support of motion for miscellaneous relief[17]

19

Dec. 10, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]

20

Dec. 10, 2024

SEALED DOCUMENT by Plaintiff Mattel, Inc. Schedule A Template

23

Dec. 12, 2024

Registry Deposit Information Form by Mattel, Inc.

25

Dec. 16, 2024

SURETY BOND in the amount of $10,000 posted by Mattel, Inc. (Document not scanned)

24

Dec. 17, 2024

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendant

26

Dec. 20, 2024

MAILED trademark report to Patent Trademark Office, Alexandria VA

27

Dec. 20, 2024

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

28

Dec. 20, 2024

MOTION by Plaintiff Mattel, Inc. for extension of time of Temporary Restraining Order

29

Dec. 20, 2024

MEMORANDUM by Mattel, Inc. in support of extension of time[28]

30

Dec. 20, 2024

DECLARATION of Rachel S. Miller regarding memorandum in support of motion[29]

33

Dec. 20, 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 12/20/2024: Mailed notice.

31

Dec. 23, 2024

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to extend the TRO [28] is granted. The TRO is extended to January 8, 2025. Mailed notice.

32

Dec. 30, 2024

ATTORNEY Appearance for Defendant B-shine Store by Pete Scott Wolfgram

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

34

Jan. 3, 2025

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants

35

Jan. 3, 2025

MOTION by Plaintiff Mattel, Inc. for preliminary injunction

Exhibit A

36

Jan. 3, 2025

MEMORANDUM by Mattel, Inc. in support of motion for preliminary injunction[35]

37

Jan. 3, 2025

DECLARATION of Rachel S. Miller regarding memorandum in support of motion[36]

38

Jan. 3, 2025

SUMMONS Returned Executed by Mattel, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/3/2025, answer due 1/24/2025.

Declaration of Hannah A. Abes

Exhibit A

39

Jan. 6, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 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 January 9, 2025." 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.

40

Jan. 6, 2025

CERTIFICATE of Service by Plaintiff Mattel, Inc. regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, [39]

Exhibit A

41

Jan. 9, 2025

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants

42

Jan. 9, 2025

ATTORNEY Appearance for Defendant Drizzlel by Timothy Alan Duffy

43

Jan. 9, 2025

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Drizzlel

44

Jan. 9, 2025

RESPONSE by Drizzlelin Opposition to MOTION by Plaintiff Mattel, Inc. for preliminary injunction [35]

Exhibit A

Exhibit 1 to Declaration

Exhibit B

45

Jan. 10, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's reply to Defendant Drizzlel's objections are due by January 10, 2025. Mailed notice.

46

Jan. 10, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendant Drizzlel. Plaintiff's motion for a preliminary injunction [35] 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 [40] 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.

47

Jan. 10, 2025

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Lindsay C. Jenkins on 1/10/2025. Mailed notice.

NEW PARTIES: Shantou Chenghai Qilemei Toys Firm, Shantou Dihua Trading Co., Ltd., SHANTOU JINYING TOYS CO.,LTD, Shantou Longhu Longheng Toys Factory, Shantou Tempo Toys Limited, Shantou Tombo Toys Co., Ltd., Shenzhen Dongzai Duoye E-Commerce Co., Ltd., Shenzhen Lindsay Technology Co., Ltd., Shenzhen Pinyu Technology Co., Ltd., Shenzhen Yilaimi Technology Co., Ltd., Shenzhen Yitu Electronics Co., Ltd., Taizhou Luqiao Fengdao Trading Co., Ltd., Wuhan 60 Degree Animation Products Co., Ltd., Wuhan Shentai Trade Co., Ltd., Yiwu Dowell Accessories Co., Ltd., Yiwu Hongtai Electronic Commerce Co., Ltd., Yiwu Jianyu E-Commerce Firm (individual Business), Yiwu Juli Jewelry Co., Ltd., Yiwu Kuachi Import And Export Co., Ltd., Yiwu Kujie Clothing Co., Ltd., Yiwu Longsong Fashion Accessories Co., Ltd., Yiwu Mengxin Jewelry Co., Ltd., Yiwu Miqi Trading Co., Ltd., Yiwu Qixu E-Commerce Firm (individual Business), Yiwu Songchang Jewelry Co., Ltd., Yiwu Xiaocheng Trading Co., Ltd., Yiwu Xinmu Network Technology Co., Ltd., Yiwu Xinqin Trading Company Limited, Yiwu Yafei Toys Co., Ltd., Yiwu Yaotong Commodity Co., Ltd., Yiwu Yongchang Trading Co., Ltd., Yiwu Youke Jewelry Co., Ltd., Yiwu Yueyou E-Commerce Firm, Yiwu Zhen Micro Jewelry Co., Ltd., Yiwu Zise Crafts Co., Ltd., Anby families toys, Aquariusshop, BaLaA, Barbie short sleeves, Beisong, BINHONGshangmaoyouxiangongsi, Bleoavre, BNLIK, BUMMRXY, Chanli shop, ChengzhiTech, Cherrystar Mall, Chulifu, CTXXUN, DAHONGHEIJIN, DANYANJIEKEJI, Dongguanshizhengxisujiaoyuanliaoyouxiangongsi, DUEIG(7-15 Days Delivery), E Segoi US, EASYLONGJEE, EC Nails, EMDSPR, Fan Onuo, Fitness-Z, Fowecelt, fuzhoutaijiangquruixiangdianzishangwuyouxiangongsi, Lishan Custom No.99, LuFaBQ, Luminous Joy, LUYAUNGAO, Jyotri, Adofi, Aogu, Beautiful progress, BusyHub, ChaoShanAT, CHENGMINGDIANZISHANGWU, cofuo, JBee Store, Jiayi Exquisite Gift Store, Kaisarui, laika668, liulishangmaoyouxiangongsi, Ningbo Goli Toys Co.,Ltd, RED CYPRESS TREE Co., Ltd, Robotime Technology Co.,Ltd, RUILIN TRADING CO., Ltd, SEREE Technology, shen zhen shi shen yun shu an ke ji you xian gong si, shenzhenshiyouyunlaikeji, shitongwl, SUWU Online Store, WRIUOWERR, Xoyicua, yiyilaifeng, Zacro-US, zhourongxinxinxin, duiqiuhuanyi and heirry added to case caption. (Text entry; no document attached.)

48

Jan. 10, 2025

MOTION by Plaintiff Mattel, Inc. to amend/correct set motion and R&R deadlines/hearings[45] or in the alternative, MOTION by Plaintiff Mattel, Inc. for extension of time to file response/reply as to set motion and R&R deadlines/hearings[45]

49

Jan. 14, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The court amends the due date set by docket entry [45] to reflect that Plaintiff's response is due by January 21, 2025 (to account for the holiday). The motion to correct [48] is granted. Mailed notice.

50

Jan. 16, 2025

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants

51

Jan. 21, 2025

MOTION by Plaintiff Mattel, Inc. to stay regarding order on motion to amend/correct, order on motion for extension of time to file response/reply, text entry, [49] and Notice of Settlement (joint)

52

Jan. 22, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff and Defendant Drizzlel have reached a settlement, so no additional briefing is required regarding this Defendant's objections to the preliminary injunction order. By February 12, 2025, these parties are to file a status report as to their settlement, unless a stipulation of dismissal is filed sooner. Additionally, as to all remaining Defendants, by January 30, 2025, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment as to any remaining defendant aside from Drizzlel, it should be filed by that date, and if Plaintiff moves for default judgment, no status report need be filed. Mailed notice.

53

Jan. 23, 2025

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants

54

Jan. 25, 2025

ATTORNEY Appearance for Defendant SUWU Online Store by Huicheng Zhou

55

Jan. 29, 2025

STIPULATION of Dismissal as to Certain Defendants

56

Jan. 29, 2025

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain Defendants

57

Jan. 29, 2025

MOTION by Plaintiff Mattel, Inc. for entry of default, MOTION by Plaintiff Mattel, Inc. for default judgment as to all Defendants with the exception of certain Defendants

Exhibit A

58

Jan. 29, 2025

MEMORANDUM by Mattel, Inc. in support of motion for entry of default, motion for default judgment[57]

Exhibit 1

59

Jan. 29, 2025

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[58]

Exhibit 1

60

Jan. 29, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendant Drizzlel. Before the Court is Plaintiff's motion [57] 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 February 5, 2025. 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 February 3, 2025. 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.

61

Jan. 29, 2025

CERTIFICATE of Service by Plaintiff Mattel, Inc. regarding order on motion for entry of default, order on motion for default judgment, text entry, [60]

Exhibit A

62

Jan. 29, 2025

ATTORNEY Appearance for Defendants Anby families toys, Adofi, Robotime Technology Co.,Ltd, shitongwl, yiyilaifeng by Adam Edward Urbanczyk

63

Jan. 30, 2025

MOTION by Defendants Anby families toys, Adofi, Robotime Technology Co.,Ltd, shitongwl, yiyilaifeng for extension of time UNOPPOSED

64

Jan. 31, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants Anby families toys, Adofi, Robotime Technology Co.,Ltd, shitongwl, yiyilaifeng's unopposed motion for extension of time [63] is granted. These Defendants' responsive pleading is now due by February 19, 2025. Mailed notice.

65

Feb. 4, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendants Anby families toys, Adofi, Robotime Technology Co.,Ltd, shitongwl and yiyilaifeng. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [57] 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 Clerk is directed to return the surety bond posted. Enter Partial Final Judgment Order. Mailed notice

66

Feb. 4, 2025

ENTERED PARTIAL DEFAULT JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 2/4/2025. Mailed notice.

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Mattel, Inc. to Greer, Burns & Crain, Ltd. 200 W. Madison St. Suite 2100 Chicago, IL 60606 via certified mail # 9589 0710 5270 0579 7828 23. (Text entry; no document attached.)

67

Feb. 6, 2025

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendant

68

Feb. 8, 2025

ATTORNEY Appearance for Defendant BusyHub by Bole Yuan

69

Feb. 11, 2025

ATTORNEY Appearance for Defendant Kaisarui by Timothy Tiewei Wang

70

Feb. 11, 2025

MOTION by Defendant Kaisarui for extension of time to file answer regarding complaint[1] Unopposed

71

Feb. 12, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Kaisarui's unopposed motion for an extension of time [70] is granted. This Defendant has until March 4, 2025 to respond or otherwise plead. Mailed notice.

72

Feb. 13, 2025

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants

73

Feb. 13, 2025

FULL SATISFACTION of Judgment regarding entered judgment[66] in the amount of $100,000 as to certain defendant

74

Feb. 20, 2025

FULL SATISFACTION of Judgment regarding entered judgment[66] in the amount of $100,000 as to certain defendants

75

Feb. 20, 2025

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants

76

Feb. 28, 2025

MOTION by Defendant Kaisarui for extension of time to file answer regarding complaint[1] Unopposed

77

Feb. 28, 2025

MOTION by Plaintiff Mattel, Inc. Motion for Entry of an Agreed Asset Restraint Order as to Defendant No. 96 (Joint)

Exhibit A

78

March 3, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The unopposed motion for extension of time [76] is granted. Defendant Kaisarui's responsive pleading is now due by March 18, 2025. Mailed notice.

79

March 3, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for an agreed asset restraint [77] is granted. Separate order to issue. Mailed notice.

80

March 3, 2025

Agreed asset restraint order as to Defendant No. 96 Signed by the Honorable Lindsay C. Jenkins on 3/3/2025. Mailed notice.

81

March 6, 2025

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendants

82

March 10, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The Court requests that Plaintiff file a short status report as to the status of any remaining Defendants by March 14, 2025. Mailed notice.

83

March 14, 2025

STATUS Report per [82] by Mattel, Inc.

84

March 17, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: A further status report as to any remaining Defendants is due by 4/7/2025. Mailed notice.

85

March 19, 2025

MOTION by Defendant Kaisarui for extension of time to file answer regarding complaint[1] Unopposed

86

March 20, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Kaisarui's unopposed motion for an extension of time [85] is granted. Defendant's responsive pleading is now due by April 1, 2025. Mailed notice.

87

March 20, 2025

NOTICE of Voluntary Dismissal by Mattel, Inc. as to certain defendant

88

March 20, 2025

MOTION by Plaintiff Mattel, Inc. to approve consent judgment as to a Certain Defendant

Exhibit A

89

March 21, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to approve the consent judgment [88] is granted. Separate order to issue. Mailed notice.

90

March 21, 2025

CONSENT JUDGMENT. Signed by the Honorable Lindsay C. Jenkins on 3/21/2025. Mailed notice.

91

April 7, 2025

STATUS Report per [84] by Mattel, Inc.

92

April 8, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant 85 (Kaisarui)'s answer or responsive pleading was due by April 1, 2025 but nothing was filed. Plaintiff reports that it is in settlement negotiations with this Defendant and several others including No. 96 (SUWU Online Store). By April 22, 2025, Defendant Kaisarui must file its answer or responsive pleading. If nothing is filed, Plaintiff shall file a motion for default judgment as to Defendants Kaisaru and SUWU Online Store. Alternatively, the parties are free to file a stipulation of dismissal at any time before this date. Mailed notice.

93

April 10, 2025

FULL SATISFACTION of Judgment regarding entered judgment[66] in the amount of $100,000 as to certain defendant

94

April 17, 2025

FULL SATISFACTION of Judgment regarding entered judgment[66] in the amount of $100,000 as to certain defendant

95

April 18, 2025

STIPULATION of Dismissal as to a certain Defendant

96

April 22, 2025

STIPULATION of Dismissal as to a Certain Defendant

97

April 23, 2025

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed a stipulation of dismissal as to the final Defendant SUWU Online Store (Def No. 96). There is nothing remaining for the Court to do, so the clerk shall close the case. Civil case terminated. Mailed notice.

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