2025-cv-01114

COMPLAINT filed by Hallmark Licensing, LLC ; Filing fee $ 405, receipt number AILNDC-23033224.

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Hallmark Licensing, LLC for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hallmark Licensing, LLC

Notice of Claims Involving Trademarks by Hallmark Licensing, LLC

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Rachel S Miller

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Madeline Halgren

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MAILED copyright report to Registrar, Washington DC

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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 Hallmark Licensing, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Hallmark Licensing, LLC in support of motion for temporary restraining order[14]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]

DECLARATION of Stacey Howe regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Exhibit 3 regarding declaration[17]

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

MEMORANDUM by Hallmark Licensing, LLC in support of motion for miscellaneous relief[19]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]

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 [19] are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) [14] is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 2/20/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Any motion for preliminary injunction or motion to extend the TRO must be filed by 2/14/2025. 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. The Court advises that if in its judgment the interval between electronic service of summons and the preliminary injunction hearing is too short to provide fair notice of the lawsuit then the Court may deny entry of a preliminary injunction. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 2/6/2025.

Registry Deposit Information Form by Hallmark Licensing, LLC

SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Hallmark Licensing, LLC

SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

INJUNCTION BOND in the amount of $ 10,000 posted by Hallmark Licensing, LLC (Document not scanned).

MOTION by Plaintiff Hallmark Licensing, LLC for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Hallmark Licensing, LLC in support of motion for preliminary injunction[28]

Declaration of Rachel S. Miller

SUMMONS Returned Executed by Hallmark Licensing, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/14/2025, answer due 3/7/2025.

Declaration of Madeline B. Halgren

Exhibit A

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for preliminary injunction [28] is denied without prejudice to refiling due to an insufficient interval between electronic service of summons (2/14/2025) and the preliminary injunction hearing (2/20/2025). Plaintiff may move for an extension of the TRO if it wishes to do so.

MOTION by Plaintiff Hallmark Licensing, LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Hallmark Licensing, LLC in support of extension of time[32]

DECLARATION of Rachel S. Miller regarding extension of time[32]

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of the temporary restraining order 32 is granted; the ex parte TRO entered by the Court on 2/6/2025 is extended through 3/6/2025. The telephonic preliminary injunction hearing set for 2/20/2025 is vacated and reset to 3/6/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Any motion for preliminary injunction or motion to extend the TRO must be filed by 3/3/2025. The Court again advises that if in its judgment the interval between electronic service of summons and the preliminary injunction hearing is too short to provide fair notice of the lawsuit then the Court may deny entry of a preliminary injunction.

NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants

MOTION by Plaintiff Hallmark Licensing, LLC for preliminary injunction

Exhibit A

MEMORANDUM by Hallmark Licensing, LLC in support of motion for preliminary injunction[37]

Declaration of Rachel S. Miller

SUMMONS Returned Executed by Hallmark Licensing, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/27/2025, answer due 3/20/2025.

Declaration of Madeline B. Halgren

Exhibit A

MINUTE entry before the Honorable Matthew F. Kennelly: All but one of the defendants in this case was served electronically with summons on 2/14/2025; the one remaining defendant was served on 2/27/2025. No defendant has appeared or answered. The preliminary injunction hearing set for 3/6/2025 is vacated. Plaintiff's motion for entry of a preliminary injunction is granted [37]. Enter Preliminary Injunction Order. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Greer, Burns and Crain, Ltd. 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 5/7/2025 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 4/30/2025. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 3/3/2025. Mailed notice.

NEW PARTIES: Yangzhou Lsd Electronics Co., Ltd., Yiwu Mengyin Trading Co., Ltd., Abyhem shop, chenduxiu2266, CHISHOPBLE2005, Colababa, CYS1101, Deals of the Day Clearance (7-15 Days Delivery), DKJH-VVA, HappyOz, HollaBoutique, homegarden2018, Jing Xuan Hanyi, LanSha-us, LeMeTong, LIVIN'MADE, Meisiqw, MM SHOP, Nguyenlytn, Pernfecx US, PROFIKLE, sudengzeng, TRUONG MINH THU STORE, VitaCharm, Warmqin Shop, Wuog Bac, Xiamen Jimei District Mai Laizhou Trading Firm (sole proprietorship), yangyunhpong D, yichangshiqiuliyueshangmaoyouxiangongsi, ZESTYI, ZHENGYY2024, ZIGANSTORE, WayOfTheGospel, Beecrystal, CEMY GLOBAL COMPANY LIMITED, ETHAN.TED, fashiontopgoods, Globet Outdoor Equipment, G-Mart, Gragaski, GuangTongMingShangMao, HeTaoWireless, Hua chen Co. Ltd, jielongyushangmao, luojiedianzishangwuy, Megabizz, mintoushangmaoy, MUCHENGGIFT Co., LTD, Original HomeDecor Shop, PROTON COMPANY LIMITED, QUCI Co.Ltd, xiaoxiashangmao66, XIONGDI Co.Ltd, yaogunjh, Yijieelectronic and yinzhouyi added to case caption. (Text entry; no document attached.)

ATTORNEY Appearance for Defendants QUCI Co.Ltd, XIONGDI Co.Ltd by He Cheng

ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Jennifer Van Nacht

MOTION by Defendants QUCI Co.Ltd, XIONGDI Co.Ltd for extension of time to file answer regarding complaint[1]

MINUTE entry before the Honorable Matthew F. Kennelly: Motion by defendants QUCI Co. Ltd. and XIONGDI Co. Ltd. for extension of time to answer 44 is granted; response to complaint is to be filed by 4/11/2025.

MOTION by Plaintiff Hallmark Licensing, LLC for entry of default, MOTION by Plaintiff Hallmark Licensing, LLC for default judgment as to all Defendants with the exception of certain Defendants

Exhibit A

MEMORANDUM by Hallmark Licensing, LLC in support of motion for entry of default, motion for default judgment, [46]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[47]

Exhibit 1

DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 3/25/2025: Motion for entry of default as to some but all defendants [46] is granted. The Court reduced the amount requested and finds that the reduced amounts appropriately reflect the nature and character of the infringement shown in this case.

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Hallmark Licensing, LLC to Greer, Burns & Crain, Ltd. 200 West Madison Suite 2100 Chicago, IL 60606 via certified mail # 9589 0710 5270 0579 7826 63. (Text entry; no document attached.)

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions, [49] in the amount of $50,000 as to certain defendants

ANSWER to Complaint by XIONGDI Co.Ltd

ANSWER to Complaint by QUCI Co.Ltd

RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7826 63. (Received by mail in the Clerk's Office on 4/23/2025)

STATUS Report per [40] (Joint) by Hallmark Licensing, LLC

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report and sets the following discovery and pretrial schedule. Rule 26(a)(1) disclosures are to be made by 5/2/2025. Fact discovery is to be completed by 6/9/2025. The deadline for filing dispositive motions is 7/9/2025. The telephonic status hearing set for 5/7/2025 is vacated and reset to 6/30/2025 at 8:50 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 6/23/2025. The report must include for each party a statement on whether it intends to file a summary judgment or other dispositive motion and, if so, a summary of the anticipated grounds.

STATUS Report per [55] (Joint) by Hallmark Licensing, LLC

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. Plaintiff's motion(s) for summary judgment remain(s) due on 7/9/2025; defendant's responses are due 8/6/2025; plaintiff's reply or replies are due 8/20/2025. The telephonic status hearing set for 6/30/2025 is vacated and reset to 8/28/2025 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729.

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminate motions, [49] in the amount of $50,000 as to certain defendant

MOTION by Plaintiff Hallmark Licensing, LLC for summary judgment and an Award of Statutory Damages

MEMORANDUM by Hallmark Licensing, LLC in support of motion for summary judgment 59

RULE 56.1(a)(2) Statement by Hallmark Licensing, LLC regarding motion for summary judgment 59

DECLARATION of Stacey Howe regarding Rule 56 statement 61

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Exhibit 3

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Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

Exhibit 11

Exhibit 12

Exhibit 13

Exhibit 14

(Exhibit 15)

DECLARATION of Jennifer V. Nacht regarding Rule 56 statement 61

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

(Exhibit 7)

MOTION by Plaintiff Hallmark Licensing, LLC for summary judgment and an Award of Statutory Damages

MEMORANDUM by Hallmark Licensing, LLC in support of motion for summary judgment 64

RULE 56.1(a)(2) Statement by Hallmark Licensing, LLC regarding motion for summary judgment 64

DECLARATION of Stacey Howe regarding Rule 56 statement 66

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

(Exhibit 9)

DECLARATION of Jennifer V. Nacht regarding Rule 56 statement 66

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

(Exhibit 7)

RESPONSE by Defendant QUCI Co.Ltd to Rule 56 statement 66

DECLARATION of He Cheng regarding Response 69

Exhibit Ex. 1 - Defendants Responses to Plaintiffs Second Set of Interrogatory

Exhibit Ex. 2 - Defendant document production

Exhibit Ex. 3 - Defendants Responses to Plaintiffs First Set of Interrogatory

(Exhibit Ex. 4 - Defendants Response to Plaintiffs First Set of Request for Admission)

RESPONSE by QUCI Co.Ltd to MOTION by Plaintiff Hallmark Licensing, LLC for summary judgment and an Award of Statutory Damages 64

RESPONSE by Defendant XIONGDI Co.Ltd to motion for summary judgment 59

DECLARATION of He Cheng regarding Response 72

Exhibit Ex. 1 - Defendants Response to Plaintiffs Second Set of Interrogatory

Exhibit Ex. 2 - Defendant document production

Exhibit Ex. 3 - Defendants Response to Plaintiffs First Set of Interrogatory

(Exhibit Ex. 4 - Defendants Response to Plaintiffs First Set of Request for Admission)

RESPONSE by XIONGDI Co.Ltd to MOTION by Plaintiff Hallmark Licensing, LLC for summary judgment and an Award of Statutory Damages 59

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff has moved for summary judgment and an award of statutory damages on its claim of trademark infringement against defendant XIONGDI Co. Ltd. (defendant # 53) and its claim of copyright infringement against defendant QUCI Co. Ltd. (defendant # 51). Neither defendant contests liability. The Court, having reviewed the parties' submissions, finds that as to each defendant, plaintiff has established that there is no genuine factual dispute as to liability and that it is entitled to a finding of liability against both defendants as a matter of law--as to its claims of trademark infringement and counterfeiting and false designation of origin against XIONGDI (Counts 1 and 2 of the complaint) and its claim of copyright infringement against QUCI (Count 3 of the complaint). Each defendant contests the award of statutory damages, and the Court concludes, for the same reasons it recently found in Case No. 24 C 11002, also involving the plaintiff in this case, that it cannot appropriately determine a statutory damages award on summary judgment. Plaintiff's motions for summary judgment are therefore granted as to liablity only against XIONGDI on Counts 1 and 2 [dkt. 59] and against QUCI on Count 3 [dkt. 64], and are otherwise denied. The telephonic status hearing set for 8/26/2025 is vacated and advanced to 8/15/2025 at 9:15 AM, using call-in number 650-479-3207, access code 2305-915-8729. Plaintiff should also be prepared to address how it proposes to deal with the remaining claims in this case against XIONGDI and QUCI on which it did not move for summary judgment. The Court will reset the telephonic status hearing in Case No. 24 C 11002 to the same date and time. The parties should be prepared to set a trial date and discuss whether the trial will be a jury trial or a bench trial. The Court advises that it will have no problem conducting the damages trial in this case on a consolidated basis with the damages trial in Case No. 24 C 11002 if that is what the parties propose.

ATTORNEY Appearance for Defendants QUCI Co.Ltd, XIONGDI Co.Ltd by Andrew Jonathan Palmer

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/15/2025. No one appeared on behalf of the defendants. The case is set for a telephonic status hearing on 9/19/2025 at 9:00 a.m. A status report is to be filed by 9/12/2025. 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.

STIPULATION of Dismissal as to Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the stipulation of dismissal 78, the case is dismissed with prejudice and without costs. Any hearing dates before this Court are stricken. Civil case terminated. Mailed notice.

MAILED trademark report with certified copy of minute order dated 8/25/2025 to Patent Trademark Office, Alexandria VA. (jn,)

MAILED copyright report with certified copy of minute entry dated 8/25/2025 to Registrar, Washington DC. (jn,)