2024-cv-12450

COMPLAINT filed by Mattel, Inc.; Filing fee $ 405, receipt number AILNDC-22798418.

Exhibit 1

(Exhibit 2)

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

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

CIVIL Cover Sheet

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

Notice of Claims Involving Trademarks by Mattel, Inc.

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

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

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

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

CASE ASSIGNED to the Honorable Matthew F. Kennelly. 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.)

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

MEMORANDUM by Mattel, Inc. in support of motion for temporary restraining order 11

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12

DECLARATION of Adam Sapper regarding declaration 12

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Mattel, Inc. Exhibit 3 - Parts 1-2 regarding declaration 14

Exhibit 3-1

(Exhibit 3-2)

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

MEMORANDUM by Mattel, Inc. in support of motion for miscellaneous relief 16

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 3 and motion for electronic service of process 16 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 11 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 12/23/2024 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO must be filed by 12/18/2024. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. In addition plaintiff must serve summons promptly and should not wait until too close to the preliminary injunction hearing to do so. If there is an insufficient interval between electronic service of summons and the preliminary injunction hearing then the Court may deny entry of a preliminary injunction due to inadequate notice. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 12/9/2024.

Registry Deposit Information Form by Mattel, Inc.

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

MOTION by Plaintiff Mattel, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Mattel, Inc. in support of motion for preliminary injunction 23

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

(Declaration of Rachel S. Miller)

SUMMONS Returned Executed by Mattel, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/18/2024, answer due 1/8/2025.

Declaration of Hannah A. Abes

(Exhibit A)

ATTORNEY Appearance for Defendant shen zhen shi jing xi ke ji you xian gong si by Pete Scott Wolfgram

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 Matthew F. Kennelly: At the Court's instance, the telephonic preliminary injunction hearing set for 12/23/2024 is vacated and reset to 1/6/2025 at 9:20 AM due to the fact that summons was not until 12/18/2024. The following call-in number will be used: 650-479-3207, access code 2305-915-8729. The ex parte temporary restraining order previously entered by the Court is extended through 1/6/2025.

ATTORNEY Appearance for Defendant Temitoys by Ge Lei

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

ANSWER to Complaint with Jury Demand by shen zhen shi jing xi ke ji you xian gong si

MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic preliminary injunction hearing set for 9:20 AM on 1/6/2025 is advanced to 9:05 AM on that same date. The following call-in number will be used: 650-479-3207, access code 2305-915-8729.

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

RESPONSE by Temitoysin Opposition to MOTION by Plaintiff Mattel, Inc. for preliminary injunction 23

Declaration

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MEMORANDUM by WERNNSAI DIRECT, WERNNSAI DIRECT, in Opposition to motion for preliminary injunction 23

MOTION by Defendant Temitoys for extension of time to file answer UNOPPOSED

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 1/6/2025. Plaintiff's reply to defendants Temitoys and Wernnsai Direct's responses to the preliminary injunction motion is due 1/13/2025. The motion for preliminary injunction 23 is granted as to all defendants except for Temitoys and Wernnsai Direct. Plaintiff is directed to send a revised preliminary injunction order to Judge Kennelly's proposed order email address. The Temporary restraining order is extended to 1/21/2025 as to defendants Temitoys and Wernnsai Direct. The case is set for a telephonic status hearing on 1/21/2025 at 8:45 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Temitoys's unopposed motion for extension of time 36 is granted; response to complaint is to be filed by 2/12/2025.

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

PRELIMINARY INJUNCTION ORDER signed by the Honorable Matthew F. Kennelly on 1/10/2025.

NEW PARTIES: Caoxian Gefini Clothing Co., Ltd., Dongyang Yilibei Hair Accessory Factory, Guangzhou Juntu Electronics Technology Co., Ltd., Guangzhou Liaoyuan International Trade Co., Ltd., Guangzhou Lin Xia Network Technology Co., Ltd., Guangzhou Tianhe Fenghuang St Qiandu Dress Store (Individual Business), Guangzhou Wanlihao Trade Co., Ltd., Gucheng Glund Trading Co., Ltd., Hang Wing Plastic Industry Co., Ltd., Hangzhou Zhouyue Trade Co., Ltd., Huizhou Mingxu Industrial Co., Ltd., Jiangxi Qianya Cosmetics Co., Ltd., Ningbo East Wonder Import And Export Co., Ltd., Ningbo Reginfield Imp.&Exp. Co., Ltd., Pingyi County Qirui Toy Factory, Qingdao Awlison Industry & Trade Co., Ltd, Quanzhou Interlink Trading Co., Ltd., Quanzhou Jiangyue Trade Co., Ltd., Shantou Chenghai Lele Brother Toys Limited, meilaixl, MeiManLeJi, MICARA, MOEPAPA Jewelry, msoxuq, NAILDOO NAILOOK, o-MSL-o, PillowhaleUS, qianqianflower, RENCHUNYAN, Ruilongxing, sapphire store, shanass, sharly999, shen zhen shi jing xi ke ji you xian gong si, shenzhenshilanounimaoyiyouxiangongsi, ShunKui, Special Gift for You, sujiazhi0305, tongnisen, VA StoreNUD, Vinyl Frog, VUSHOP425263, wei wei Smart poster, weixinguojimaoyiyouxianzerengongsi, wuxoqz, XGWYANT, XUZHUANG, yangjialeart, yanhuqumingbowangluokejiyouxiangongsi, Yaque, Yosiyo Store, YueMuXi, yunknight, zhangdeleisa2024, zhengzhouwangwanqiufengshangmaoyouxiangongsi, Clothing701, dajianl, doer69, flies_like_gold, guccicap, guwenx, hafshygasi, homepro13, landaikeji, littlebirdofficialst, lkiuj86, makeup_tool01, oriental_bell, paris_014, pong07, ren07, semicase, shanier, shoes_croccharms, us_mississippi, wuppai, xpreal, yanzma, yao008, yijewelry and zara04 added to case caption. (Text entry; no document attached.)

MOTION by Plaintiff Mattel, Inc. to compel Defendant Temitoys

DECLARATION of Rachel S. Miller regarding motion to compel 41

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Exhibit 7

(Exhibit 8)

REPLY by Plaintiff Mattel, Inc. in Support of its Motion for Entry of a Preliminary Injunction 23

DECLARATION of Rachel S. Miller regarding reply 43

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Exhibit 13

(Exhibit 14)

MOTION by Plaintiff Mattel, Inc. to compel Defendant WernnsaiDirect

DECLARATION of Rachel S. Miller regarding motion to compel 45

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Exhibit 2

Exhibit 3

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Exhibit 6

(Exhibit 7)

REPLY by Plaintiff Mattel, Inc. in Support of its Motion for Entry of a Preliminary Injunction 23

EXHIBIT by Plaintiff Mattel, Inc. Exhibit A regarding reply 47

DECLARATION of Rachel S. Miller regarding reply 47

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Exhibit 5

(Exhibit 6)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motions to compel 41 45 will be addressed at the telephonic preliminary injunction hearing on 1/21/2025 at 8:45 AM. Any objection to the motions to compel by Temitoys or Wernnsai Direct must be filed by no later than 1/17/2025.

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

RESPONSE by Plaintiff WERNNSAI DIRECT to order on motion for preliminary injunction, motion hearing, set motion and R&R deadlines/hearings, set/reset hearings, 37, memorandum in support of motion 24

Exhibit

(Exhibit)

RESPONSE by Temitoysin Opposition to MOTION by Plaintiff Mattel, Inc. to compel Defendant Temitoys 41

ATTORNEY Appearance for Defendant WERNNSAI DIRECT, by Mingzi Ouyang

MOTION by Plaintiff Mattel, Inc. to strike Response, 52

MOTION by Defendant Temitoys for leave to file sur-reply

SUR-REPLY by Defendant Temitoys to reply 43

Declaration

Exhibit A1

Exhibit A2

(Exhibit B)

SUPPLEMENT to sur-reply[57]

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status and motion hearings held on 1/21/2025. Counsel for defendant Wernnsai Direct failed to appear for the hearing. Plaintiff's motions to compel as to defendants Temitoys [41] and Wernnsai Direct [45] is set for an in-person hearing on 1/24/2025 at 9:30 a.m. The hearing will be held in Courtroom 2103. Temitoys motion to file surreply [56] is granted. Plaintiff's motion to strike the response [55] is terminated as moot. The temporary restraining order is extended through 1/24/2025. Mailed notice.

MINUTE entry before the Honorable Matthew F. Kennelly: This order corrects docket entry [59] which contained a typographical error. Telephonic status and motion hearings held on 1/21/2025. Counsel for defendant Wernnsai Direct failed to appear for the hearing. The preliminary injunction motion as to defendants Temitoys and Wernnsai Direct is set for an in-person hearing on 1/24/2025 at 9:30 a.m. The hearing will be held in Courtroom 2103. Temitoys motion to file surreply [56] is granted. Plaintiff's motion to strike the response [55] is terminated as moot. The temporary restraining order previously entered by the Court is extended through the close of business on 1/24/2025. Mailed notice.

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

SUPPLEMENT to sur-reply[57]

Declaration

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MINUTE entry before the Honorable Matthew F. Kennelly: In person motion hearing held on 1/24/2025. Plaintiff is directed to file by 1/31/2025 a supplement to its motion for preliminary injunction as outlined during the hearing. Defendant Temitoys is to file a response to the plaintiff's supplement by 2/7/2025. Defendant Wernnsai is directed to promptly obtain and provide to plaintiff a declaration as outlined during the hearing. Plaintiff and defendant Wernnsai are then directed to confer to attempt to reach a resolution on the amount secured by the TRO/preliminary injunction. A joint status report by plaintiff and defendant Wernnsai is to be filed by 1/31/2025. The temporary restraining order previously entered by the Court is extended through the close of business on 2/14/2025 as to defendants Temitoys and Wernnsai Direct. The case is set for a telephonic status hearing on 2/14/2025 at 9:30 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff's motion to compel against defendant Wernnsai Direct [45] is entered and continued. Mailed notice.

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

STATUS Report per [63] (joint) by Mattel, Inc.

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. A further joint status report regarding discussions between plaintiff and defendant Wernnsai is to be filed on 2/11/2025.

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 9:30 AM on 2/14/2025 is advanced to 9:10 AM on that same date. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729.

STATUS Report per [66] by Mattel, Inc.

Exhibit A

Exhibit B

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report. Defendant's counsel is ordered to show cause why a sanction should not be imposed due to counsel's claimed failure to participate in the filing of a joint status report as ordered by the Court. Telephonic hearing remains set for 2/14/2025 at 9:10 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729.

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

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

MEMORANDUM by Mattel, Inc. in support of motion for entry of default, motion for default judgment[71]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[72]

Exhibit 1

STATUS Report and Response to Order To Show Cause by WERNNSAI DIRECT

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Exhibit 8

DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 2/13/2025: Motion for entry of default judgment as to certain defendants [71] is granted. Motion to compel as to defendant Temitoys [41] is denied moot due to the dismissal of plaintiff's claims against Temitoys. The order to show cause as to defendant Wernnsai's counsel is vacated in light of Wernnsai's filing of a separate status report, but the Court admonishes counsel that "joint" means what it says and that in the future counsel is expected to cooperate in the filing of joint status reports, not separate reports. All remaining matters regarding defendant Wernnsai will be addressed at the 2/14/2025 telephonic status hearing.

SUPPLEMENT to memorandum in opposition to motion[35] for Preliminary Injunction

MOTION by Plaintiff Mattel, Inc. for entry of default against Defendant WernnsaiDirect (Def. No. 55)

Declaration of Justin R. Gaudio

MOTION by Plaintiff Mattel, Inc. to strike supplement[76]

Wernnsai Direct ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by WERNNSAI DIRECT, against All Plaintiffs. by WERNNSAI DIRECT

RESPONSE by WERNNSAI DIRECT,in Opposition to MOTION by Plaintiff Mattel, Inc. for entry of default against Defendant WernnsaiDirect (Def. No. 55) [77]

Declaration Declaration ISO Opposition

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 2/14/2025. The parties are directed to file a joint status report by 2/20/2025. The case is set for a telephonic status hearing on 2/24/2025 at 9:15 a.m. The temporary restraining order previously entered by the Court is extended to 2/24/2025. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

STATUS Report Pursuant to [81] (Joint) by Mattel, Inc.

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The telephonic status hearing set for 2/24/2025 is vacated and reset to 3/17/2025 at 9:00 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. A joint status report is to be filed on 3/10/2025 unless a stipulation for dismissal is on file by that date. The temporary restraining order is hereby extended until further order of court.

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

ATTORNEY Appearance for Defendant Vinyl Frog by Christopher Paul Keleher

MOTION by Defendant Vinyl Frog to vacate order on motion to compel, order on motion for entry of default, order on motion for default judgment, terminate motions, [75]

Exhibit Store representative declaration

MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion by defendant VInyl Frog to vacate default judgment 86 is to be filed by 3/10/2025. Telephonic hearing is set for 3/17/2025 at 9:00 AM, using call-in number 650-479-3207, access code 2305-915-8729.

STIPULATION of Dismissal as to Defendant WernnsaiDirect

MOTION by Plaintiff Mattel, Inc. to stay All Deadlines and Notice of Settlement (Joint)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's claims against defendant Wernnsai Direct are dismissed with prejudice and without costs pursuant to the parties' stipulation. Plaintiff's motion for entry of default against Wernnsai [77] and motion to strike [78] are denied as moot. Because all defendants have now been disposed of by judgment or dismissal the Clerk is directed to terminate the case. The motion by defendant Vinyl Frog to vacate default judgment [86] remains pending. With regard to that motion the Court grants the joint motion to stay [89] and vacates the motion hearing date of 3/17/2025. The case is set for a telephonic status hearing on 4/18/2025 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff and defendant Vinyl Frog are directed to file a joint status report on 4/11/2025. Mailed notice.

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

MINUTE entry before the Honorable Matthew F. Kennelly: Based on the notice of voluntary dismissal filed on 3/13/2025 [91], the motion by Vinyl Frog to vacate default judgment [86] is denied as moot. The telephonic hearing set for 4/18/2025 is vacated.

STATUS Report Pursuant to [90] by Mattel, Inc.

MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the status report filed on 4/11/2025 93, all defendants have been disposed of by judgment or settlement. Any hearing dates before this Court are stricken. Civil case remains terminated. Mailed notice.