2025-cv-06731

COMPLAINT filed by Detroit Diesel Corporation, Daimler Truck AG, Thomas Built Buses, Inc., Daimler Truck North America LLC; Filing fee $ 405, receipt number AILNDC-23639439.

(Exhibit 1)

(Exhibit 1)

(Exhibit 2-1)

(Exhibit A)

(Declaration of Trevor C. Talhami)

Declaration of Hannah A. Abes

Exhibit A

Exhibit 1

Exhibit 1

SEALED EXHIBIT by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. Schedule A regarding complaint 1

(Exhibit A)

Exhibit 2-1

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

Notice of Claims Involving Trademarks by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. by Trevor Christian Talhami

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. by Hannah Alexa Abes

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

NEW PARTIES: FreeFlying, FXTP, FYHSYGYCC, GANMIAJJJ, Geek Cloud Limited, Gray whale b, Heavy snows, HellKOKO, HFTRDRLL, Hot Pink Waves, Inspired Artisans, Iron Dragon King, JJUshop, JUNLILING, kkjjxx shop, Lime Green Waves, linghet, linjing four, linjing ten, LSAFSMY Fashion Clothing, LuxeBoutique, MBBA Online, mocongluclothing, MUSHDUA, Pole Star A, QWFHUHP, Red whale, riqilai, sanghuran clothing, SDDACXX, Sichuan Map Cup, Silver whale, SIOMHH, Star Star Star Shop, Stoes shop, Summer begins, Sunny Havenws, TAIFANGGUO, Tawny sika deer, tin sign vinta, TRAClothing, Unstd G, Unstd H, Unstd N, Urban Knight a, Very happy BB, Vistax, WDGAHYGG, wushaorui, Wuyis mens wardrobe, wyeusdhiuue eydhj, WYFO, Xiaohuhu Trading, XYCLO SHOP, YIYE A and ZQFSKJ added to case caption. (Text entry; no document attached.)

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal 3 is granted. Mailed notice.

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. in support of motion for temporary restraining order, 14

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

DECLARATION of Sven-Eric Widmayer regarding memorandum in support of motion 15

SEALED EXHIBIT by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. Exhibit 2 regarding declaration 17

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.

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. in support of motion for miscellaneous relief 20

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 21

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 14 is granted. Motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 20 is granted. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 6/23/2025. Mailed notice.

Registry Deposit Information Form by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc.

SUMMONS Issued (Court Participant) as to Defendant FreeFlying and all other Defendants identified in the Complaint

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for preliminary injunction

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. in support of motion for preliminary injunction 28

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 28 is set for 7/7/2025 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.

SUMMONS Returned Executed by Detroit Diesel Corporation, Daimler Truck AG, Thomas Built Buses, Inc., Daimler Truck North America LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/3/2025, answer due 7/24/2025.

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. by Marcella Deshonda Slay

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 7/7/2025. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 28 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Schedule A to the Complaint 2, Exhibit 2 to the Declaration of Sven-Eric Widmayer 18, and the TRO 24. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 8/7/2025 at 9:00 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.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 7/8/2025. Mailed notice.

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for entry of default, MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. for default judgment as to all Defendants

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Detroit Diesel Corporation, Thomas Built Buses, Inc. in support of motion for entry of default, motion for default judgment, [35]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion, [36]

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 8/7/2025 at 9:00 a.m. is converted to a telephone hearing on the motion for entry of default and default judgment [35]. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 8/7/2025. No one appeared on behalf of defendants. For the reasons stated on the record, the motion for entry of default and default judgment 35 is granted. Enter order. The one thousand dollar ($1,000) surety bond posted by Plaintiffs is hereby released to Plaintiffs or their counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Plaintiffs or their counsel. Civil case terminated. Mailed notice.

DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 8/7/2025. Mailed notice.