2025-cv-00203

COMPLAINT filed by Roku, Inc.; Filing fee $ 405, receipt number AILNDC-22926176.

(1 - Trademark Registrations)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Roku, Inc. by Christopher Tom

SEALED DOCUMENT by Plaintiff Roku, Inc. - Schedule A to Complaint

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

CLAIM - AO 120 Form (Trademark) by Roku, Inc.

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.)

MEMORANDUM in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order

MOTION by Plaintiff Roku, Inc. for leave to file excess pages re Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order

(Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order)

DECLARATION of Christopher Tom in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order

Exhibit 1 - Jan 2011 Mark Monitor

Exhibit 2 - IP Rights Seizure Statistics

Exhibit 3 - BASCAP Report

Exhibit 4 - 2013 Registrar Agreement

Exhibit 5 - Hague Convention on Service Abroad

(Exhibit 6 - Translation of Civil Procedure Law of the People of China)

DECLARATION of Karina Levitian in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order

(Exhibit 1 - Trademark Registrations)

SEALED DOCUMENT by Plaintiff Roku, Inc. Exhibit 2 to Declaration of Karina Levitian (Part 1 of 34)

Exhibit 2 - (Part 2 of 34)

Exhibit 2 - (Part 3 of 34)

Exhibit 2 - (Part 4 of 34)

Exhibit 2 - (Part 5 of 34)

Exhibit 2 - (Part 6 of 34)

Exhibit 2 - (Part 7 of 34)

Exhibit 2 - (Part 8 of 34)

Exhibit 2 - (Part 9 of 34)

(Exhibit 2 - (Part 10 of 34))

SEALED DOCUMENT by Plaintiff Roku, Inc. Exhibit 2 to Declaration of Karina Levitian (Part 11 of 34)

Exhibit 2 - (Part 12 of 34)

Exhibit 2 - (Part 13 of 34)

Exhibit 2 - (Part 14 of 34)

Exhibit 2 - (Part 15 of 34)

Exhibit 2 - (Part 16 of 34)

Exhibit 2 - (Part 17 of 34)

Exhibit 2 - (Part 18 of 34)

Exhibit 2 - (Part 19 of 34)

Exhibit 2 - (Part 20 of 34)

(Exhibit 2 - (Part 21 of 34))

SEALED DOCUMENT by Plaintiff Roku, Inc. Exhibit 2 to Declaration of Karina Levitian (Part 22 of 34)

Exhibit 2 - (Part 23 of 34)

Exhibit 2 - (Part 24 of 34)

Exhibit 2 - (Part 25 of 34)

Exhibit 2 - (Part 26 of 34)

Exhibit 2 - (Part 27 of 34)

Exhibit 2 - (Part 28 of 34)

Exhibit 2 - (Part 29 of 34)

Exhibit 2 - (Part 30 of 34)

Exhibit 2 - (Part 31 of 34)

Exhibit 2 - (Part 32 of 34)

Exhibit 2 - (Part 33 of 34)

(Exhibit 2 - (Part 34 of 34))

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal and motion to file excess pages are granted. Plaintiff's motion for entry of an ex parte temporary restraining order is denied, without prejudice to refiling, due to plaintiff's noncompliance with the requirement, clearly set out on Judge Kennelly's web page, to submit a Word version of the proposed TRO at the time of filing the motion.

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of an ex parte temporary restraining order 17 is granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 1/28/2025 at 9:10 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Any motion to extend the TRO or motion for preliminary injunction must be filed by 1/24/2025. 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 promptly serve defendants with process and should not wait until too close to the preliminary injunction hearing to do so; if plaintiff delays too long the Court may deny entry of a preliminary injunction due to inadequate notice of the lawsuit. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 1/14/2025.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 1/14/2025. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

(Trademarks)

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

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Schedule A to the Complaint (Text entry; no document attached.)

Registry Deposit Information Form by Roku, Inc. re $10,000 Deposit

BOND in the amount of $ 10,000 check posted by Boies Schiller Flexner LLP for Roku, Inc. Receipt No. 100015436. (Text entry; no document attached.)

ATTORNEY Appearance for Defendants ancomen, browzz023, drausax, dwbcde, friden, kleznrni21, led-malls, melaned2, mondas, onio023, onorpar23, pantheonspear, smilevv, ucmoon2, ULOONOR, urimala23 by Adam Edward Urbanczyk

MEMORANDUM in Support of Plaintiff's Ex Parte Motion to Extend Temporary Restraining Order

DECLARATION of Christopher Tom in Support of Plaintiff's Ex Parte Motion to Extend Temporary Restraining Order

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic preliminary injunction hearing held on 1/28/2025. Plaintiff's motion to extend the temporary restraining order [25] is granted. The temporary restraining order entered on 1/14/2025 is extended to 2/11/2025. The motion for preliminary injunction is to be filed by 2/5/2025. A telephonic preliminary injunction hearing is set for 2/11/2025 at 9:00 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. 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. 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.

SUMMONS Returned Executed by Roku, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Schedule A to the Complaint on 2/5/2025, answer due 2/26/2025.

MOTION by Plaintiff Roku, Inc. for preliminary injunction and to Extend the Temporary Restraining Order

MEMORANDUM by Roku, Inc. in support of motion for preliminary injunction[30]

DECLARATION of Christopher Tom regarding motion for preliminary injunction[30]

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 92 (ysrastore)

MINUTE entry before the Honorable Matthew F. Kennelly: No defendant has filed an appearance or a response to the complaint or motion for preliminary injunction. The telephonic preliminary injunction hearing set for 2/11/2025 is vacated. Plaintiff's motion for entry of a preliminary injunction 30 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Boies Schiller Flexner LLP. is ordered to add all defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a telephonic status hearing on 4/11/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff is directed to file a status report on 4/4/2025. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 2/10/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendants Nos. 49 (2017newstar-usa), 78 (remote_control_usa), 79 (Remote-Discount-Store), 80 (remote-outlet-discount), 81 (rh-brktvremote2), 83 (sad-remote2023), 88 (universal-remote-control), 90 (us-store-2001), 93 (zaosa-55), and 98 (BY-ELECTRONICS)

NEW PARTIES: Gaxever (Shenzhen) Technology Co., Ltd. (1), Shenzhen Haohan Network Technology Co., Ltd. (2), Shenzhen Unistar Electronic Technology Co., Ltd. (3), Aihogard Tools Store (4), Appliance Companion Store (5), Aubess Direct Store (6), Aubess Smart Store (7), Aubess Store (8), Bumblebee Dropping Store (9), CC Surprise Digital Store (10), China red dropshipping Store (11), CreamQueen Store (12), Electrical Equipment ----store Store (13), Enjoy Your Life Home Store (14), Evanting Electron Store (15), for a healthy life Store (16), FZ Dropshipping Store (17), GAXEVER Remote Control Official Store (18), Global Smart Life Store (19), GUOYIHUA dropping Store (20), GUOYIHUA Official Store (21), HC remote control Store (22), Kaiba Direct Store (23), L-01 Your Smart Life Store (24), Mer de fleurs Makeup Store (25), Remote Control Official Store (26), Shop1100058048 Store (27), Shop1102677501 Store (28), Shop1102770969 Store (29), Shop1103089028 Store (30), Shop5370096 (31), yidian remote control Store (32), AieSHOP (33), AlongRejoiced (34), Anthouse (35), GRENFAS (36), Griscen (37), HeeTech (38), HTD savana (39), liuliu2022 (40), NJALNKHM (41), Ombsyej-US Direct (42), PHAVAS SHOP (43), Sengert (44), tai yuan jing dan shang mao you xian gong si (45), xiangnainai (46), yangjianshe (47), Yixin Tiancheng (48), abrrey-48 (50), adebim0 (51), ancomen (52), angjaya_44 (53), bestbuy-product (54), browzz023 (55), drausax (56), dwbcde (57), efdi3029 (58), elsap-36 (59), friden (60), idyllicproducts (61), kleznrni21 (62) and kuziko68 (63) added to case caption. (Text entry; no document attached.)

NEW PARTIES: kync-sale (64), led-malls (65), mazoro23 (66), melaned2 (67), minidigital (68), mondas01 (69), nasusaxe23 (70), onio023 (71), onorpar23 (72), pantheonspear (73), professional-rc-provider (74), quan-mt (75), rachamim80 (76), ranpo-deals (77), rsdealshub (82), satisfied_buyer (84), smilevv (85), ucmoon2 (86), uloonor23 (87), urimala23 (89), wideheaven_4 (91), smart life (94), Aifusi (95), All choice Co.Ltd (96), BINNI Co.Ltd (97), CHENGHAI Co.Ltd (99), CHIYUAN Co.Ltd (100), congzhiyang (101), FUCHENG Co.Ltd (102), Fuhejia (103), GUPBOO (104), HEYE Co.Ltd (105), HMYGRJ (106), huiyuandianziCo. Ltd (107), JIANPO Co.Ltd (108), jinancailongxinxikeji (109), JUNZHOU Co.Ltd (110), KUIXING Co.Ltd (111), KUN BA DUAN (112), MINGFAN Co.Ltd (113), MIQIN Co.Ltd (114), MOHAO Co.Ltd (115), MOUIND (116), Nehlobo (117), Ningtanmaoyi (118), NVDUJAO (119), PANGMIAO Co.Ltd (120), qujie store (121), SIJI Co.Ltd (122), Sinyoeer (123), Superbuy (124), Taokens' Life Co., Ltd (125), UMPSRVNR (126), Wangyanjiaoyukejiltd (127), XIAODAISHRENG (128), Yanna (129), YISHAO Co.Ltd (130), YM CAT (131), YUANFANG Co.Ltd (132), YUEBAO Co.Ltd (133), YUEZE Co.Ltd (134), yurui (135), east-market (136), MIWI (137) and remote mall (138) added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 58 (efdi3029)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant Nos. 40 (liuliu2022) and 68 (minidigital)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 47 (yangjianshe)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 41 (NJALNKHM)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 75 (quan-mt)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 94 (smart life) and 117 (Nehlobo)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 31 (Shop5370096)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendants Nos. 33 (AieSHOP), 37 (Griscen), 121 (qujie store), 128 (XIAODAISHRENG), and 129 (Yanna)

ATTORNEY Appearance for Defendant HeeTech (38) by Lance Y. Liu

ANSWER to Complaint by HeeTech (38)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendants Nos. 26 (Remote Control Official Store), 44 (Sengert), and 48 (Yixin Tiancheng)

SUMMONS Returned Executed by Roku, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on the Schedule A to the Complaint on 2/19/2025, answer due 3/12/2025.

MOTION by Plaintiff Roku, Inc. for preliminary injunction (Plaintiffs Motion for Second Preliminary Injunction)

MEMORANDUM by Roku, Inc. in support of motion for preliminary injunction[49] (Plaintiffs Motion for Second Preliminary Injunction)

DECLARATION of Christopher Tom regarding motion for preliminary injunction[49] (Plaintiffs Motion for Second Preliminary Injunction)

SECOND PRELIMINARY INJUNCTION ORDER signed by the Honorable Matthew F. Kennelly on 3/5/2025: Plaintiff's motion for entry of a preliminary injunction as to certain defendants [49] is granted. None of the defendants addressed by this motion has appeared or responded to the complaint. All previously set dates and deadlines remain in effect.

ATTORNEY Appearance for Defendants CHENGHAI Co.Ltd (99), CHIYUAN Co.Ltd (100), FUCHENG Co.Ltd (102), HEYE Co.Ltd (105), JUNZHOU Co.Ltd (110), MINGFAN Co.Ltd (113), MIQIN Co.Ltd (114), MOHAO Co.Ltd (115), PANGMIAO Co.Ltd (120), SIJI Co.Ltd (122), YUANFANG Co.Ltd (132), YUEZE Co.Ltd (134) by He Cheng

MOTION by Defendants CHENGHAI Co.Ltd (99), CHIYUAN Co.Ltd (100), FUCHENG Co.Ltd (102), HEYE Co.Ltd (105), JUNZHOU Co.Ltd (110), MINGFAN Co.Ltd (113), MIQIN Co.Ltd (114), MOHAO Co.Ltd (115), PANGMIAO Co.Ltd (120), SIJI Co.Ltd (122), YUANFANG Co.Ltd (132), YUEZE Co.Ltd (134) for extension of time to file answer regarding complaint[1]

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendants Nos. 112 (KUN BA DUAN) and 135 (yurui)

MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion by certain defendants for extension of time [54] is granted; response to complaint by those defendants is to be filed by 4/7/2025. This does not affect any other date or deadline set by the Court.

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendants Nos. 52 (ancomen), 55 (browzz023), 56 (drausax), 57 (dwbcde), 60 (friden), 62 (kleznrni21), 65 (led-malls), 67 (melaned2), 69 (mondas01), 71 (onio023), 72 (onorpar23), 73 (pantheonspear), 85 (smilevv), 86 (ucmoon2), 87 (uloonor23), 89 (urimala23), and 124 (Superbuy)

STIPULATION of Dismissal of Defendant No. 38 (HeeTech)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 42 (Ombsyej-US Direct)

STATUS Report on April 4, 2025 by Roku, Inc.

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report. The telephonic status hearing set for 4/11/2025 is vacated and reset to 6/13/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. The deadline for filing any motions for default judgment is 6/7/2024.

MOTION by Defendants CHENGHAI Co.Ltd (99), CHIYUAN Co.Ltd (100), FUCHENG Co.Ltd (102), HEYE Co.Ltd (105), MINGFAN Co.Ltd (113), MIQIN Co.Ltd (114), MOHAO Co.Ltd (115), PANGMIAO Co.Ltd (120), SIJI Co.Ltd (122), YISHAO Co.Ltd (130), YUANFANG Co.Ltd (132), YUEZE Co.Ltd (134) for extension of time to file answer regarding complaint[1] [Unopposed]

MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion by CHENGHAI Co. Ltd. and various other defendants for extension of time [62] is granted; response to complaint is to be filed by 4/21/2025. This does not affect any other date or deadline set by the Court.

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 125 (Taokens' Life Co., Ltd)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendants Nos. 115 (MOHAO Co.Ltd) and 122 (SIJI Co.Ltd)

MOTION by Plaintiff Roku, Inc. to approve consent judgment Agreed Motion for Entry of Consent Judgment (Defendants Nos. 99, 102, 105, 120, 130, 132, and 134)

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendants Nos. 113 (MINGFAN Co.Ltd) and 114 (MIQIN Co.Ltd)

CONSENT JUDGMENT AS TO DEFENDANTS NO. 99, 102, 105, 120, 130, 132, 134, signed by the Honorable Matthew F. Kennelly on 4/22/2025: Motion for entry of consent judgment as to certain defendants [66] is granted.

NOTICE of Voluntary Dismissal by Roku, Inc. of Defendant No. 100 (CHIYUAN Co.Ltd)

MOTION by Attorney He Cheng to withdraw as attorney for JUNZHOU Co.Ltd (110). New address information: Xinxia Yu, Zhongxi Village, Minggao Town, Yichuan County, Luoyang, China 471300

MOTION by Plaintiff Roku, Inc. for default judgment as to the Defaulting Defendants identified on the Schedule A

MEMORANDUM in Support of Plaintiff's Motion for Entry of Default and Default Judgment

DECLARATION of Christopher Tom in Support of Plaintiff's Motion for Entry of Default and Default Judgment

Exhibit A - Email of Summons and Complaint to Defaulting Defendants

Exhibit B - Website

Exhibit C - First Amended Schedule A

Exhibit D - Default Judgment Orders referred in Plaintiff's Memorandum

MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw appearance of He Cheng as attorney for defendant JUNZHOU Co. Ltd. [70] is granted. Plaintiff's motion for default judgment is set for a telephonic hearing on 4/29/2025 at 9:05 AM, using call-in number 650-479-3207, access code 2305-915-8729.

AFFIDAVIT of Service filed by Plaintiff Roku, Inc. regarding Plaintiff's Motion for Default Judgment (Dkt. 71) and supporting papers (Dkts. 72-73) and then the Court's April 24, 2025 minute entry (Dkt. 74) served on Defaulting Defendants as identified in the First Amended Schedule A on April 23 and 24, 2025

MINUTE entry before the Honorable Matthew F. Kennelly: At a telephonic hearing this morning, the Court orally granted plaintiff's motion for entry of default judgment but said that it would reduce the requested amount significantly given the points discussed during the hearing. The Court did not fully appreciate at that time the breadth of the proposed default judgment order submitted by plaintiff. Among other things it purports to permanently freeze the Amazon (etc.) accounts of the defendants, and it imposes extremely broad (and in some ways vaguely worded) injunctive relief. The Court is not persuaded that the latter is appropriate given the extremely narrow and focused nature of the claimed infringement as described by plaintiff's counsel during this morning's hearing, and the former is not appropriate given the limited nature of the monetary relief the Court intends to offer (likely $1,000 per defendant). The Court needs to address these points further with plaintiff and therefore sets the matter for a further telephonic hearing on for 5/5/2025 at 8:50 AM, using call-in number 650-479-3207, access code 2305-915-8729.

MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 4/29/2025 regarding motion for default judgment [71].

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 5/5/2025. Plaintiff's counsel is directed to send over a revised default judgment order to Judge Kennelly's proposed order email address. Mailed notice.

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for default judgment 71 is granted. Default Judgment Order to follow. Any hearing dates and deadlines set before this Court are stricken. Civil case terminated. Mailed notice.

DEFAULT JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 5/8/2025. Mailed notice.

Notice of Dismissal and Request for Entry of Disbursement Order Releasing Bond by Roku, Inc.

DISBURSEMENT ORDER signed by the Honorable Matthew F. Kennelly on 5/29/2025.

FULL SATISFACTION of Judgment of Defendant No. 46 (xiangnainai)