2025-cv-15056

COMPLAINT filed by Mark Sanders LLC; Filing fee $ 405, receipt number AILNDC-24462099.

Exhibit Exhibit 1

(Exhibit Exhibit 2)

SEALED DOCUMENT by Plaintiff Mark Sanders LLC Schedule A to Complaint

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Mark Sanders LLC by David Lee Gulbransen, Jr

MOTION by Plaintiff Mark Sanders LLC to seal document sealed document 2

CASE ASSIGNED to the Honorable Georgia N. Alexakis. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category Three).

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.

MINUTE entry before the Honorable Georgia N. Alexakis:The Court grants plaintiff's motion for leave to file certain documents under seal 2. Upon review of the complaint and plaintiff's motion for leave to file certain documents under seal, the Court advises plaintiff that no motion for an ex parte temporary restraining order should be filed in this matter without counsel first consulting this Court's order in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025).

MINUTE entry before the Honorable Georgia N. Alexakis: Initial status hearing is set for 2/9/26 at 9:30 a.m. in person in Courtroom 1719. By 2/2/26, the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice.

MOTION by Plaintiff Mark Sanders LLC for temporary restraining order

AFFIDAVIT by Plaintiff Mark Sanders LLC in Support of MOTION by Plaintiff Mark Sanders LLC for temporary restraining order [10]

Declaration Declaration of David Gulbransen

MEMORANDUM by Mark Sanders LLC in support of motion for temporary restraining order[10]

Declaration Declaration of David Gulbransen

SEALED DOCUMENT by Plaintiff Mark Sanders LLC Declaration of Daniel Chitrik

Exhibit Exhibit 1

(Exhibit Exhibit 2)

MOTION by Plaintiff Mark Sanders LLC to seal document sealed document 13

MOTION by Plaintiff Mark Sanders LLC for leave to file excess pages

NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion to seal document[14], motion for leave to file excess pages[15], motion for temporary restraining order[10] before Honorable Georgia N. Alexakis on 2/10/2026 at 09:30 AM.

MINUTE entry before the Honorable Georgia N. Alexakis: The Court resets the 2/9/2026 status hearing to 2/10/2026 at 9:30 a.m. to coincide with the presentment hearing on plaintiff's motion for a temporary restraining order and related motions [10], [14], [15]. Mailed notice.

MINUTE entry before the Honorable Georgia N. Alexakis: The Court grants Plaintiff's motion for leave to file under seal [14] and motion for leave to file a memorandum that exceeds the page limitations [15]. The Court grants in part and denies in part plaintiff's ex parte motion for entry of a temporary restraining order [10]. Based on Plaintiff's written submissions, the Court finds that Plaintiff has established (1) a likelihood of success on the merits; (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendants from an order directing them to stop infringement. The Court therefore grants Plaintiff's request for an order temporarily restraining Defendant's manufacture, importation, distribution, offering for sale, and sale of the Sanders Products. Based on Plaintiff's written submissions, the Court further finds that expedited discovery is warranted to identify Defendant and that electronic service of process, under the facts presented, does not violate any treaty and is consistent with due process because it is an effective way to communicate with this online-marketplace defendant. The Court resolves these aspects of Plaintiff's motion, though, without the benefit of adversarial presentation. If Defendant were to appear and object, the Court is willing revisit issues related to, among other topics, personal jurisdiction, electronic service of process, and the scope of injunctive relief. The Court denies Plaintiff's request for a temporary asset restraint because, based on Plaintiff's written submissions, there is evidence in the record that Defendant sells products other than the allegedly infringing Sanders Products. The Court has no reason to believe the sales of those products represent anything other than lawful commercial activity. Owing to this record evidence, the Court adopts the reasoning set forth in its order in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025) ("Wham-O Order"). The Court further notes that it directed Plaintiff to consider the Wham-O Order before filing a motion for a temporary restraining order [6], but Plaintiff's motion neither cites the Wham-O Order nor addresses its reasoning. Finally, the $10,000 bond that Plaintiff has proposed is sufficient to secure the injunctive relief the Court has granted. [12] at 27. No appearance is required on 2/10/2026. By 2/10/2026, Plaintiff is directed to submit a modified proposed order to the Court's proposed order inbox reflecting only the relief the Court has granted. Plaintiff is further directed to file a status report by 3/9/2026 proposing next steps in these proceedings. If a defendant has appeared by 3/9/2026, the status report should be jointly submitted by the parties. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Georgia N. Alexakis on 2/12/2026. Mailed notice.

SURETY BOND in the amount of $10,000.00 posted by Mark Sanders LLC (Document not scanned). (bi,)