2025-cv-08873

COMPLAINT filed by Kendra Scott, LLC; Filing fee $ 405, receipt number AILNDC-23811714.

Exhibit 1

Exhibit 1

(Exhibit 1)

Declaration of Rachel M. Ackerman

(Exhibit A)(Faria De Souza, Luana)

SEALED EXHIBIT by Plaintiff Kendra Scott, LLC Schedule A regarding complaint[1]

Exhibit 2

(Exhibit A)

MOTION by Plaintiff Kendra Scott, LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kendra Scott, LLC

Notice of Claims Involving Trademarks by Kendra Scott, LLC

ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Luana Faria De Souza (Faria De Souza, Luana)

ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Rachel Meira Ackerman

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable M. David Weisman. 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.)

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

AMENDED complaint by Kendra Scott, LLC against Guangzhou LoveYan E-commerce Co., Ltd. and the Individuals and Entities Operating Guangzhou LoveYan E-commerce Co., Ltd. and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

EXHIBIT by Plaintiff Kendra Scott, LLC Amended Schedule A regarding amended complaint, [13]

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal, [3], is denied. Plaintiff seeks leave to file under seal so that plaintiff may obtain a temporary restraining order freezing the defendants' assets before revealing the defendants' identities. Id. at 1-2. "The Supreme Court has made clear that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable monetary relief." Zorro Productions, Inc. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 23-cv-5761, 2023 WL 8807254, at *4 (N.D. Ill., Dec. 20, 2023) (citing Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999)); see also Shenzhen Yihong Lighting Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-cv-1560, at Dkt. 15 (N.D. Ill. Nov. 22, 2023). Indeed, "[a]s a general matter [ ] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." Zorro, 2023 WL 8807254, at *4 (second alteration in original) (quoting Banister v. Firestone, No. 17-cv-8940, 2018 WL 4224444, at *9 (N.D. Ill. Sept. 5, 2018)). In Schedule A cases, plaintiffs often initially demand equitable relief in the form of an accounting of profits, but after obtaining a temporary asset freeze, plaintiffs uniformly shift their focus to demanding statutory damages. Id. at *3-4. In substance, then, if not in form, Schedule A plaintiffs seek prejudgment asset restraints to establish a fund from which money damages may be awarded. So, despite the demand in plaintiff's complaint that it be awarded defendants' profits, the court is not persuaded that plaintiff will actually seek or obtain such equitable relief-as opposed to statutory damages-in this case. See id. Thus, even if plaintiff's initial demand for an accounting of profits could provide this court with the power to issue a prejudgment asset freeze, see Grupo Mexicano, 527 U.S. at 333; Banister, 2018 WL 4224444, at *9, the court is not persuaded that such a freeze is warranted. Plaintiff's motion for leave to file under seal, [3], is therefore denied. Plaintiff's sealed exhibit, [2], is stricken. If plaintiff wishes to proceed with this case, plaintiff must file an unsealed Schedule A publicly on the docket by 8/7/2025.

MINUTE entry before the Honorable Martha M. Pacold: In light of plaintiff's unsealed amended schedule A, which names only one defendant, [14], the court finds that plaintiff has discharged the order dated 7/30/2025, [15]. Plaintiff is directed to file a status report by 8/14/2025, addressing the status of service and how it seeks to proceed in this litigation.

MOTION by Plaintiff Kendra Scott, LLC for discovery Expedited

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

MEMORANDUM by Kendra Scott, LLC in support of motion for miscellaneous relief[18]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for expedited discovery, [17], is granted. Enter Order.

EXPEDITED DISCOVERY ORDER Signed by the Honorable Martha M. Pacold on 8/5/2025:

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for electronic service of process, [18], is granted. The court finds that electronic service of process is proper under Fed. R. Civ. P. 4(f)(3). Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. Plaintiff is directed to file a status report by 8/22/2025, addressing the status of service and how plaintiff seeks to proceed in this litigation.

ORDER Signed by the Honorable Martha M. Pacold on 8/5/2025: (Main Document 24 replaced on 8/6/2025).

SUMMONS Submitted (Court Participant) for defendant(s) Guangzhou LoveYan E-commerce Co., Ltd. and the Individuals and Entities Operating Guangzhou LoveYan Ecommerce Co., Ltd. by Plaintiff Kendra Scott, LLC (Faria De Souza, Luana)

SUMMONS Issued (Court Participant) as to Defendant Guangzhou LoveYan E-commerce Co., Ltd. and the Individuals and Entities Operating Guangzhou LoveYan E-commerce Co., Ltd.

SUMMONS Returned Executed by Kendra Scott, LLC as to Guangzhou LoveYan E-commerce Co., Ltd. and the Individuals and Entities Operating Guangzhou LoveYan E-commerce Co., Ltd. on 8/14/2025, answer due 9/4/2025.

STATUS Report Pursuant to 16 by Kendra Scott, LLC

NOTICE of Voluntary Dismissal by Kendra Scott, LLC as to Guangzhou LoveYan E-commerce Co., Ltd. and the Individuals and Entities Operating Guangzhou LoveYan E-commerce Co., Ltd. (Faria De Souza, Luana)

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal. [29]. This dismissal took effect without court intervention. See Fed. R. Civ. P. 41(a)(1)(A)(i); Waetzig v. Haliburton Energy Servs., 145 S. Ct. 690, 694 (2025). Civil case terminated.

MAILED trademark report with order dated 8/27/2025 to Patent Trademark Office, Alexandria VA