2025-cv-00378

COMPLAINT filed by Mercis B.V.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22946876.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Mercis B.V. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Mercis B.V. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Mercis B.V. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Mercis B.V. by John Wilson

MOTION by Plaintiff Mercis B.V. to seal document Plaintiff's Motion for Leave to File Under Seal

DOCUMENT by Plaintiff Mercis B.V. Schedule A Modified on 4/14/2025.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercis B.V.

CASE ASSIGNED to the Honorable Thomas M. Durkin. 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.)

MINUTE entry before the Honorable Thomas M. Durkin: Motion by Plaintiff Mercis B.V. for leave to file document under seal 7 is granted. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

AMENDED complaint by Mercis B.V. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

Exhibit 1

(Exhibit 2)

DOCUMENT by Plaintiff Mercis B.V. Amended Schedule A Modified on 4/14/2025.

MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 3/5/2025. Mailed notice.

STATUS Report by Mercis B.V.

MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Mercis B.V. 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 Mercis B.V. in support of motion for temporary restraining order, 18

Declaration Padberg Declaration

Exhibit 1

Exhibit 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 1 of Padberg Declaration Modified on 4/14/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 2 of Padberg Declaration Modified on 4/14/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 3 of Padberg Declaration Modified on 4/14/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 4 of Padberg Declaration Modified on 4/14/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 5 of Padberg Declaration Modified on 4/14/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 6 of Padberg Declaration Modified on 4/14/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 7 of Padberg Declaration Modified on 4/14/2025.

Notice of Claims Involving Trademarks by Mercis B.V.

MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Here, "sold" means that the defendant accepted an order and payment for an allegedly infringing product to be shipped to Illinois. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice.

DOCUMENT by Plaintiff Mercis B.V. Declaration of Robert P. McMurray Modified on 4/16/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 1 of Robert McMurray Declaration Modified on 4/16/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 2 of Robert McMurray Declaration Modified on 4/16/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 3 of Robert McMurray Declaration Modified on 4/16/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 4 of Robert McMurray Declaration Modified on 4/16/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 5 of Robert McMurray Declaration Modified on 4/16/2025.

DOCUMENT by Plaintiff Mercis B.V. Exhibit 1 Part 6 of Robert McMurray Declaration Modified on 4/16/2025.

MINUTE entry before the Honorable Thomas M. Durkin: Motion to exceed page limitation 17 is granted. 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 18 is granted. Plaintiff's counsel is to submit a proposed TRO to Judge Durkin's proposed order inbox. Mailed notice.

Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 3/12/2025. Mailed notice. Modified on 4/16/2025.

SUMMONS Submitted (Court Participant) for defendant(s) Anhui Dodo Pet Products Co., Ltd. and all other Defendants identified in the Amended Complaint by Plaintiff Mercis B.V.

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (qrtr,)

INJUNCTION BOND in the amount of $ 146,000 posted by Mercis B.V. (Document not scanned)

MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Ex-Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the Temporary Restraining Order 40 is granted. The TRO is extended for a period of fourteen (14) days to and including 4/9/2025. Mailed notice.

MOTION by Plaintiff Mercis B.V. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Mercis B.V. in support of motion for preliminary injunction 43

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 43

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 43 is set for 4/8/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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 Mercis B.V. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/4/2025, answer due 4/25/2025.

ATTORNEY Appearance for Defendant Alibaba.com Singapore E-Commerce Private Limited by Jonathan Christian Bunge

ATTORNEY Appearance for Defendant Shenzhen Renzhexi Technology Co., Ltd. by Shaoyi Che

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-23314553. for Defendant, Alibaba.com Singapore E-Commerce Private Limited

ATTORNEY Appearance for Defendant xhypacking by Adam Edward Urbanczyk

RESPONSE by xhypackingin Opposition to MOTION by Plaintiff Mercis B.V. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 43

(Declaration of Liu Yang)

MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice 50 is granted. Attorney David M. Grable for Alibaba.com Singapore E-Commerce Private Limited added. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 4/8/2025. The motion for preliminary injunction 43 is denied without prejudice. The parties are to send the courtroom deputy via email an agreed proposed briefing schedule, and a proposed order extending the TRO. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: The Court adopts Plaintiff's and Defendant No. 163's ("Shenzhen Xin Hong Yang Packaging Products Co., Ltd." aka "xhypacking") agreed briefing schedule on Defendant's Response in Opposition to Plaintiff's Motion for Entry of a Preliminary Injunction 52 : Plaintiff's response is due by 4/29/2025; Defendant's reply is due by 5/6/2025. The Temporary Restraining Order 37 is extended to Defendant No. 163 until 6/5/2025. Mailed notice.

MOTION by Defendant Shenzhen Renzhexi Technology Co., Ltd. to dismiss for lack of jurisdiction

Declaration of Chen Kang

Exhibit 1

(Exhibit 2)

MOTION by Defendant Shenzhen Renzhexi Technology Co., Ltd. to set a briefing schedule for Dkt. 56 (Accelerated Briefing Schedule Requested) (Presumed Opposed)

MINUTE entry before the Honorable Thomas M. Durkin: The motion to set an accelerated briefing schedule 57 is granted in part. Plaintiff's response to Defendant Shenzhen Renzhexi Technology Co., Ltd.'s motion to dismiss 56 is due by 4/22/2025. The Clerk's Office is directed to unseal any previously sealed entries. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: The Court adopts Plaintiff's and non-party e-commerce platform Alibaba.com Singapore E-Commerce Private Limited's agreed briefing schedule on Plaintiff's Motion for Entry of a Preliminary Injunction 43 : Alibaba's Opposition to Plaintiff's Motion for Entry of a Preliminary Injunction/Motion to Dismiss is due by 4/16/2025; Plaintiff's response is due by 4/30/2025; Alibaba's reply is due by 5/7/2025. The Temporary Restraining Order 37 is extended to all Defendants identified in Amended Schedule A with the exception of Defendant No. 159 "Shenzhen Renzhexi Technology Co., Ltd." and Defendant No. 163 "Shenzhen Xin Hong Yang Packaging Products Co., Ltd." until 6/6/2025. Mailed notice.

MOTION by Alibaba.com Singapore E-Commerce Private Limited To Deny The Preliminary Injunction Motion, Dissolve The Temporary Restraining Order, And Dismiss The Case Modified on 4/18/2025.

Declaration of Liyi Lei

(Exhibit 1)

Public Version of [60-2] Exhibit 1 to Declaration Of Liyi Lei In Support Of Non-Party Alibabas Motion To Deny The Preliminary Injunction Motion, Dissolve The Temporary Restraining Order, And Dismiss The Case by Alibaba.com Singapore E-Commerce Private Limited

ATTORNEY Appearance for Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto by Zhen Pan

MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Response to Defendant's Motion to Dismiss [Dkt. No. 56]

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time 63 is granted. Plaintiff's response to Defendant Shenzhen Renzhexi Technology Co., Ltd.'s motion to dismiss 56 is due by 4/23/2025. Mailed notice.

RESPONSE by Plaintiff Mercis B.V. Plaintiff's Response to Defendant's Motion to Dismiss Pursuant to Federal Rule 12(b)(2) [Dkt. No. 56]

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

(Exhibit F)

MINUTE entry before the Honorable Thomas M. Durkin: Defendant Shenzhen Renzhexi Technology Co., Ltd. ("Renzhexi") has filed a motion to dismiss for lack of personal jurisdiction. The motion 56 is denied because Plaintiff has submitted evidence that Renzhexi sold one of the allegedly infringing products to Plaintiff's counsel located in Illinois. See R. 34 at 34 (Order No. 236860419501027499); see also R. 65-2. The evidence that Plaintiff ordered and paid Renzhexi for the accused product to be shipped to Illinois is sufficient to show that Renzhexi purposefully availed itself of the privilege of conducting business in Illinois, even without confirmation of delivery to Illinois. See Curry v. Revolution Lab'ys, LLC, 949 F.3d 385, 400 (7th Cir. 2020) (defendant's sales to Illinois residents "provides solid evidence that [defendant] has purposely exploited the Illinois market") (citation omitted); Illinois v. Hemi Grp. LLC, 622 F.3d 754, 758 (7th Cir. 2010) (finding purposeful direction where defendant both maintained website from which orders could be placed from Illinois and "knowingly did do business with Illinois residents"); see also NBA Props., Inc. v. HANWJH, 46 F.4th 614, 62223 (7th Cir. 2022) (citing Curry and Hemi with approval). Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: After further review of the record, the Court notes that Defendant Shenzhen Renzhexi Technology Co., Ltd. does not appear to sell any products that bear any of the trademarks or depict the copyrighted material at issue. The accused product, the pet sweater, does not contain the Miffy marks, depict the Miffy character, or include any rabbit-related imagery. Nor is there any written text in the Alibaba listing for the pet sweater referring to Miffy or rabbits. Instead, the listing includes several photos that show a dog wearing the sweater while seated next to a stuffed white bunny rabbit that resembles Miffy. R. 24 at 5862. Considering these facts, Plaintiff is ordered to brief why the Court should not reconsider its finding that Plaintiff is likely to succeed on the merits of its claims and vacate the temporary restraining order as to Renzhexi. Plaintiff's brief of no more than ten pages is due 5/9/2025, and Renzhexi's response brief of no more than ten pages is due 5/16/2025. Mailed notice.

MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto for extension of time to file response/reply as to amended complaint, 13 Defendant Donagguan City Xinyu Cans Manufactory Co., LTD.'s Unopposed Motion for Extension of Time

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time 68 is granted. Defendant Dongguan City Xinyu Cans Manufactory Co., Ltd. is to respond to Plaintiff's complaint by 5/16/2025. Mailed notice.

ATTORNEY Appearance for Defendant Wenzhou Sesame Bag Co., Ltd. by Ni Xue

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wenzhou Sesame Bag Co., Ltd.

MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

RESPONSE by Plaintiff Mercis B.V. Plaintiff's Response to the Opposition to Entry of a Preliminary Injunction Against Defendant No. 163 "SHENZHEN XIN HONG YANG PACKAGING PRODUCTS CO., LTD. [Dkt No. 52]

Exhibit A

Exhibit 1 to Figueroa Declaration

Exhibit B

Exhibit C

Exhibit D

(Exhibit E)

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for leave to file excess pages 72 is granted. Mailed notice.

MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Opposed Motion for a First Extension of Time to File a Response to Alibaba's Opposition to Entry of a Preliminary Injunction [Dkt. No. 60]

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's opposed motion for a first extension of time to file a response to Alibaba's opposition to entry of a preliminary injunction 75 is granted. Plaintiff's Response is due by 5/1/2025, and Alibaba's Reply is due by 5/8/2025. The Court expects these routine requests for modest extensions to be unopposed in the future, absent extraordinary circumstances. Mailed notice.

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

RESPONSE by Plaintiff Mercis B.V. Plaintiff's Response to Intervenor Alibaba's Motion in Opposition to Entry of a Preliminary Injunction

Exhibit A

Exhibit B

Exhibit C

Exhibit D

(Exhibit E)

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for leave to file excess pages 78 is granted. Mailed notice.

MOTION by Defendant xhypacking for extension of time to file Reply in Opposition to Preliminary Injunction [Dkt. 59]

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time 81 is granted. Defendant Shenzhen Xin Hong Yang Packaging Products Co., Ltd d/b/a xhypacking's reply in support of its Motion to Dismiss 22 is due by 5/16/2025. Mailed notice.

REPLY by Alibaba.com Singapore E-Commerce Private Limited to Response, 79 to Non-Party Alibabas Motion (Docket Text Modified by Clerk's Office) Modified on 5/9/2025.

MOTION by Plaintiff Mercis B.V. for extension of time Plaintiff's Unopposed Motion for an Extension of Time to File Its Response Brief

MOTION by Defendant Wenzhou Sesame Bag Co., Ltd. for extension of time to file answer regarding complaint 1

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time 84 is granted. Plaintiff's brief in response to the 4/24/2025 Minute Order 67 is due 5/12/2025. Renzhexi's response brief is due 5/19/2025. Mailed notice.

RESPONSE by Plaintiff Mercis B.V. Plaintiff's Response to the April 24, 2025 Minute Order [Dkt. No. 67]

Exhibit A

Exhibit B

Exhibit C

(Exhibit D)

REPLY by Defendant xhypacking to Response, 73

MOTION by Defendant Wenzhou Sesame Bag Co., Ltd. to amend/correct MOTION by Defendant Wenzhou Sesame Bag Co., Ltd. for extension of time to file answer regarding complaint 1 85 Amended (Unopposed) Motion for Extension of Time to FIle Answer

MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto for extension of time to file answer regarding complaint 1 Defendant Donagguan City Xinyu Cans Manufactory Co., LTD.'s Unopposed Motion for Extension of Time, MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto for extension of time

MOTION by Attorney Shaoyi Che to withdraw as attorney for Shenzhen Renzhexi Technology Co., Ltd. New address information: 1-201 Xinsixiang, Fuyongjiedao, Baoan District, Shenzhen, China, 518000

NOTIFICATION of Party Contact Information for Shenzhen Renzhexi Technology Co., Ltd. besttrust007@126.com re MOTION by Attorney Shaoyi Che to withdraw as attorney for Shenzhen Renzhexi Technology Co., Ltd. New address information: 1-201 Xinsixiang, Fuyongjiedao, Baoan District, Shenzhen, China, 518000 91

MEMORANDUM Opinion and Order: For the reasons stated in the attached Memorandum Opinion and Order, the Court denies Alibaba's motion 60 and grants in part and denies in part Plaintiff's motion for a preliminary injunction. The asset restraint is hereby lifted as to all Defendants, and the motion for a preliminary injunction is otherwise granted as to all Defendants except for Defendant Nos. 159 and 163. Plaintiff is to submit a revised proposed preliminary injunction consistent with this opinion to the Court's proposed order inbox by May 21, 2025. Signed by the Honorable Thomas M. Durkin on 5/19/2025. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Amended unopposed motion for extension of time to answer 89 is granted. Defendant Wenzhou Sesame Bag Co., Ltd. is to respond to Plaintiff's complaint by 6/6/2025. Motion for extension of time to answer 85 is stricken. Unopposed motion for extension of time to answer 90 is granted. Defendant Dongguan City Xinyu Cans Manufactory Co., Ltd. is to respond to Plaintiff's complaint by 6/16/2025. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing on the motion to withdraw 91 is set for 6/5/2025 at 9:15 am. Both attorney Shaoyi Chen and a representative from Renzhexi are required to be on the line, with a translator if needed. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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 Thomas M. Durkin: Defendant No. 163's ("Shenzhen Xin Hong Yang Packaging Products Co., Ltd." aka "xhypacking") opposition to plaintiff's motion for a preliminary injunction and motion to dismiss 52 will also be addressed during the telephone call scheduled for 6/5/2025 at 9:15 a.m. Mailed notice.

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Defendant Wenzhou Sesame Bag Co., Ltd. to dismiss for lack of jurisdiction

(Declaration)

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 5/22/2025. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's response to Defendant Wenzhou Sesame Bag Co., Ltd.'s motion to dismiss 98 is due by 6/26/2025. Defendant's reply is due by 7/10/2025. Mailed notice.

STATUS Report for Mooted Motion Regarding Attorney Withdrawal by Shenzhen Renzhexi Technology Co., Ltd.

(Declaration OF CHENGZHEN SU)

ATTORNEY Appearance for Defendant xhypacking by Brian Swift

RESPONSE by Defendant Shenzhen Renzhexi Technology Co., Ltd. to Response 87 (Response Brief pursuant to this Court's Order at Dkt 67)

MOTION by Defendant Wenzhou Sesame Bag Co., Ltd. to dismiss for lack of jurisdiction (opposed)

(Yuanyuan Yang Decl.)

MINUTE entry before the Honorable Thomas M. Durkin: Telephone hearing held on 6/5/2025. The motion to withdraw as attorney 91 is withdrawn. Defendant Renzhexi's oral motion for extension of time to 7/7/2025 to respond to the complaint is granted. A telephone status hearing is set for 7/1/2025 at 9:15 a.m. Counsel for remaining defendants are to appear on the call. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

MOTION by Defendant Wenzhou Sesame Bag Co., Ltd. to withdraw motion to dismiss/lack of jurisdiction 104

(Text of Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS MOTION TO WITHDRAW INCORRECTLY FILED DOCUMENTS)

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 57

MINUTE entry before the Honorable Thomas M. Durkin: Defendant Wenzhou Sesame Bag Co., Ltd.'s motion to withdraw incorrectly filed documents 106 is granted. Docket No. 104 is stricken from the docket. Mailed notice.

MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto for extension of time Defendant Donagguan City Xinyu Cans Manufactory Co., LTD.'s Unopposed Motion for Extension of Time

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time 109 is granted. Defendant Dongguan City Xinyu Cans Manufactory Co., Ltd. is to respond to Plaintiff's complaint by 7/16/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 177

CERTIFICATE of Service by John Wilson on behalf of Mercis B.V.

MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Mercis B.V. 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 Mercis B.V. in support of motion for default judgment 114

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 114

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for default judgment 114 is set for 7/1/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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 Thomas M. Durkin: The telephone status hearing and telephone hearing as to the motion for default judgment 114 set for 7/1/2025 is reset for 7/3/2025 at 9:00 a.m. Mailed notice.

RESPONSE by Plaintiff Mercis B.V. Plaintiff's Response to the Motion to Dismiss by Defendant No. 191 "Wenzhou Sesame Bag Co., Ltd. [Dkt. No. 98]

Exhibit A

Exhibit 1 to Figueroa Declaration

Exhibit B

Exhibit C

Exhibit D

(Exhibit E)

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 7/3/2025. For the reasons stated on the record, the motion for default judgment 114 is granted as to defendants who have not appeared through counsel. Motion for leave to file excess pages 113 is granted. The deadline for Defendants Nos. 34 and 159 to respond to the complaint is extended to 8/4/2025. A telephone status hearing is set for 8/4/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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 Thomas M. Durkin: The one hundred forty-six dollar ($146,000) surety bond posted by Plaintiff is hereby released to Plaintiff or its counsel, Hughes Socol Piers Resnick & Dym, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. Mailed notice.

DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 7/3/2025. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 8/4/2025 is reset for 8/6/2025 at 9:15 a.m. Mailed notice.

REPLY by Wenzhou Sesame Bag Co., Ltd. to Response, 119

Exhibit

Exhibit

(Exhibit)

SATISFACTION of Judgment

SATISFACTION of Judgment

MINUTE entry before the Honorable Thomas M. Durkin: By 7/30/2025, Plaintiff is to file a surreply to Defendant Wenzhou Sesame Bag Co.'s motion to dismiss addressing the effect of the manufacturing and licensing agreements attached to Defendant's reply 124 on Plaintiff's claims. Before filing the surreply, Plaintiff's counsel should meet and confer with defense counsel to gather any additional information about the agreements necessary to assess the viability of the claims against this defendant. Mailed notice.

SATISFACTION of Judgment

MINUTE entry before the Honorable Thomas M. Durkin: The Court requested supplemental briefing 67 on the likelihood of success on the merits of Plaintiff's claims against Defendant Shenzhen Renzhexi Technology Co., Ltd. (Renzhexi) in light of the fact that the dog sweater product sold by Renzhexi does not bear any Miffy imagery; instead, the listing includes several photos that show a dog wearing the sweater while seated next to a stuffed animal resembling Miffy. In the supplemental briefing, the parties agree that the image of the stuffed bunny is not essential to the sale of the dog sweater product. It would seem practicable, then, for Renzhexi to simply remove the photos at issue and/or crop the photos to remove the image of the stuffed bunny. If Renzhexi were to take this action, there would seem to be no basis for an order enjoining the sale of the non-infringing product or the use of the listing to do so. Renzhexi shall file a written report by 7/23/2025 indicating whether it is willing to revise its listing in the manner specified. If Renzhexi agrees to the revision, and Plaintiff still wishes to seek a preliminary injunction, the Court will require new briefing. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Renzhexi did not file their written report by 7/23/2025, as ordered. Renzhexi is to file the report by 7/28/2025. Mailed notice.

ANSWER to amended complaint by Wenzhou Sesame Bag Co., Ltd.

STATUS Report by Shenzhen Renzhexi Technology Co., Ltd.

(Declaration of Chengzhen Su)

MINUTE entry before the Honorable Thomas M. Durkin: In response to this Court's order 129, Defendant Shenzhen Renzhexi Technology Co., Ltd. (Defendant No. 159) reports that it has removed and deleted the image of the Miffy-like stuffed bunny from its product listing, stopped selling the corresponding nonfringing product, and intends to remove the product listing permanently. In light of these facts, as to Renzhexi, the temporary restraining order is hereby dissolved and the motion for a preliminary injunction is denied. Mailed notice.

SATISFACTION of Judgment

MOTION by Plaintiff Mercis B.V. for extension of time Plantiff's Opposed Motion for a First Extension of Time to File a Sur-Reply to the Motion to Dismiss by Defendant No. 191 "Wenzhou Sesame Bag Co., Ltd." [Dkt. No. 124]

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for a first extension of time to file a sur-reply to the motion to dismiss by Defendant No. 191 "Wenzhou Sesame Bag Co., Ltd." [135] is unopposed by Defendant and is granted. Plaintiff's sur-reply is due by 8/4/2025. Mailed notice.

ANSWER to amended complaint by Shenzhen Renzhexi Technology Co., Ltd.

MOTION by Defendant Dongguan Omoi Stationery & Gift Co.,Ltd for extension of time to file answer regarding complaint[1]

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time to answer [138] is granted. Defendant Dongguan Omoi Stationery & Gift Co., Ltd is to respond to Plaintiff's complaint by 9/3/2025. Mailed notice.

MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto for extension of time to file answer regarding complaint[1] by Dongguan City Xinyu Cans Manufactory Co., Ltd.

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time to answer [140] is granted. Defendant Dongguan City Xinyu Cans Manufactory Co., Ltd. is to respond to Plaintiff's complaint by 9/3/2025. Mailed notice.

SUR-REPLY by Plaintiff Mercis B.V. Plaintiff's Surreply to the Motion to Dismiss by Defendant No. 191 "WENZHOU SESAME BAG CO., LTD." [Dkt. No. 98]

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

MOTION by Defendant Wenzhou Sesame Bag Co., Ltd. for leave to file a Response to Plaintiff's Sur-reply

MINUTE entry before the Honorable Thomas M. Durkin: The Court is in receipt of Plaintiff's surreply to Wenzhou Sesame Bag Co.'s motion to dismiss [142] and Wenzhou Sesame Bag Co.'s motion for leave to file a response [143]. The parties should be prepared to discuss the matter at the telephone status hearing set for tomorrow, 8/6/2025 at 9:15 AM. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Defendant's motion for leave to file a response to Plaintiff's sur-reply to the motion to dismiss by Defendant [143] is granted. Mailed notice.

MOTION by Attorney Adam E. Urbanczyk and Brian Swift to withdraw as attorney for xhypacking. New address information: No. 61, Shunfeng Road, Pingdi Town,Longgang District,Shenzhen,Guangdong,China 518117

Declaration of Liu Yang

Exhibit Party Contact Form

MOTION by Defendant Wenzhou Sesame Bag Co., Ltd. to withdraw motion to dismiss/lack of jurisdiction 98, reply to response to motion 124

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 8/6/2025. Attorneys Adam E. Urbanczyk and Brian Swift's motion to withdraw as attorney for xhypacking 146 is granted without objection. Defendant Wenzhou Sesame Bag Co., Ltd.'s motion to withdraw motion to dismiss and reply 147 is granted. Defendant Wenzhou Sesame Bag Co., Ltd.'s motion to dismiss 98 and reply 124 are withdrawn. Defendants Dongguan City Xinyu Cans Manufactory Co., Ltd. and Dongguan Omoi Stationery & Gift Co., Ltd are to respond to the complaint by 9/3/2025. Attorney Zhen Pan's oral motion to withdraw as attorney for Dongguan Omoi Stationery & Gift Co.,Ltd is granted, as the appearance was filed in error. A proposed discovery schedule as to Defendants Shenzhen Renzhexi Technology Co., Ltd. and Wenzhou Sesame Bag Co., Ltd. is due by 8/13/2025. The next status hearing will be set when the discovery schedule is entered. Mailed notice.

MOTION by Attorney Ni Xue to withdraw as attorney for Wenzhou Sesame Bag Co., Ltd. New address information: Wenzhou Sesame Bag Co., Ltd. (Defendant No. 191), Yuanyuan Yang, Room 302, 3rd Floor, Building 43, Wanyang Pioneer Park, Wenzhou City, Zhejiang Province, China, 325800

Declaration of Yuanyuan Yang

Exhibit Notification of Party Contact Information

(Exhibit Disengagment_Termination Letter)

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to Ni Xue's motion to withdraw as attorney for Wenzhou Sesame Bag Co., Ltd. is set for 8/20/2025 at 9:00 a.m. A representative of Wenzhou Sesame Bag Co., Ltd. should be present on the call. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

Proposed Discovery Schedule by Mercis B.V.

ATTORNEY Appearance for Plaintiff Mercis B.V. by Elizabeth Aubree Miller

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 8/20/2025. Defendant Wenzhou Sesame Bag Co., Ltd.'s motion for leave to withdraw the appearance of Ni Xue and Kemet Law Group, LLC 149 is granted. Attorney Ni Xue terminated. The discovery schedule entered at Dkt. 151 will remain in place. Failure of defendants to abide by the schedule may result in judgment being entered against them. A telephone status hearing is set for 10/10/2025 at 9:45 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

NOTICE of Voluntary Dismissal by Mercis B.V. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 34

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 10/10/2025 is reset for 10/9/2025 at 9:15 a.m. Mailed notice.

MOTION by Plaintiff Mercis B.V. Plaintiff's Motion to Deem as Admitted All Unanswered Facts Set Forth in Plaintiff's First Requests for Admission of Facts to Defendant No. 191 "WENZHOU SESAME BAG CO., LTD."

Exhibit A

(Exhibit B)

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 10/9/2025. No one was present on behalf of defendants. Plaintiff's motion to deem as admitted all unanswered facts set forth in Plaintiff's first requests for admission of facts to Defendant No. 191 "Wenzhou Sesame Bag Co., Ltd." 156 is granted. A telephone status hearing is set for 11/7/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.