NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Defendant No. 60 (Small Shop in the Clouds)

NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 59 (Miiao)

NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Defendant No. 61

NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. on Certain Defendant (#15)

STIPULATION of Dismissal of Certain Defendants (#11, #52, #86)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's counsel's motion to withdraw and stay deadlines 83 is granted as follows. Attorneys Edward L. Bishop, Benjamin A. Campbell, and Sameeul Haque are terminated as counsel for plaintiff. Attorney Nicholas Lee remains as counsel for plaintiff. Defendant "small shop in the clouds'" motion for extension of time to answer or otherwise plead 87 is granted. If this matter is not resolved as to defendant small shop in the clouds, defendant shall answer or otherwise plead by 4/2/25. By 4/16/25, any remaining parties shall file a joint status report with a proposed schedule for proceeding in this case. The previously set 2/10/25 tracking status hearing is stricken and re-set to 4/28/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

ATTORNEY Appearance for Defendants Alardor Fan, COCO GIFT WORLD, GIVEME GIVEME, Hand Held fan A, JODK, JULIE PICKS, KTaoduoduo, Krfeitao, L Laola, Lxfaitao, Rfeitao, TOPJOYOUS, TOPK GLOBAL, TOPK HOME APPLIANCES, Counter Claimants GIVEME GIVEME, Hand Held fan A, JODK, TOPK GLOBAL, TOPK HOME APPLIANCES, Counter Defendants GIVEME GIVEME, Hand Held fan A by Jianyin Liu

MOTION by Defendant Small shop in the clouds for extension of time to file answer regarding complaint, 1 UNOPPOSED

ATTORNEY Appearance for Defendant Small shop in the clouds by Yong Chen

NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. (Notice of Dismissal Under Rule 41(a)(1))

NOTICE by Nicholas S. Lee of Change of Address

MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. to withdraw as Counsel and Stay Deadlines

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 1/7/2025. 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 12/27/2024: Mailed notice.

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction [49] is granted as to the remaining defendants. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any remaining defendant. By 1/3/25, plaintiff shall submit an updated proposed preliminary injunction order reflecting only the remaining defendants to the Court's proposed order inbox (proposed_order_cummings@ilnd.uscourts.gov). Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The 1/10/25 tracking status hearing is stricken and re-set to 2/10/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

MINUTE entry before the Honorable Jeffrey I Cummings: Counsel for plaintiff and defendant Nos. 13 and 65 have informed the Court that they have reached a settlement in principle and will file a stipulation to dismiss in due course. Accordingly, the 12/13/24 motion hearing is stricken and defendants' emergency motion to vacate the TRO [31] is denied as moot. Plaintiff's motion for preliminary injunction [49] is denied as moot solely with respect to defendant nos. 13 and 65 and remains pending as to the remaining defendants. Mailed notice.

MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. for preliminary injunction as to certain Defendants

MEMORANDUM by Shenzhen Gaiyatuopu Network Technology Co., Ltd. in Opposition to motion to vacate, 31

附件：

1:Exhibit Exhibit A - Amazon Sales
2:(Exhibit Exhibit B - Temu Sales)

MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' status report 44 regarding defendant Shenzhen Aixiong Technology Co., Ltd.'s emergency motion 31. By agreement of the parties, plaintiff will respond to the motion by 12/9/24 and the moving defendant shall reply by 12/11/24. The Court will review the parties' submissions and issue further orders as appropriate. The parties are encouraged to continue their efforts to resolve their dispute and shall promptly notify the Court through the filing of a joint status report if they reach such an agreement. Mailed notice

NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) lzjvk (Defendant 27) with prejudice

STATUS Report (Joint) Re: Dkt. 38 by Shenzhen Gaiyatuopu Network Technology Co., Ltd.

ATTORNEY Appearance for Defendants JULIE PICKS, L Laola, Troff Picks, Alardor Fan, Lxfaitao, Rfeitao, Krfeitao, Taoduoduo by Pete Scott Wolfgram

ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by JODK, TOPK HOME APPLIANCES, TOPK GLOBAL against Shenzhen Gaiyatuopu Network Technology Co., Ltd. by JODK, TOPK HOME APPLIANCES, TOPK GLOBAL

ATTORNEY Appearance for Defendants TOPK GLOBAL, JODK, TOPK HOME APPLIANCES by Pete Scott Wolfgram

ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Hand Held fan A, GIVEME GIVEME against Hand Held fan A, GIVEME GIVEME. by Hand Held fan A, GIVEME GIVEME

ATTORNEY Appearance for Defendants Hand Held fan A, GIVEME GIVEME by Pete Scott Wolfgram

MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's response 35 and defendant's reply 36 regarding defendant's emergency motion to dissolve the TRO. Those documents reveal that notwithstanding the parties' ongoing dispute as to their various attempts to meet and confer, the parties have not fully exhausted their efforts to meet and confer to discuss the possible resolution of defendant's motion without further court intervention. As such, the parties must promptly schedule a telephonic conference to meet and confer regarding defendant's motion. That conference shall be completed by no later than 2:00 p.m. on 12/6/24. The parties shall then file a joint status report by 7:00 p.m. CT on 12/6/24 memorializing their efforts to resolve the motion. The Court will enter further orders as appropriate upon review of the joint status report. Mailed notice

NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) CHCoohea (Defendant #1) and Edvision (Defendant #26) with prejudice

REPLY by Shenzhen Aixiong Technology Co., Ltd. to Response, 35, MOTION by Defendant Shenzhen Aixiong Technology Co., Ltd. to vacate SEALED Order 21 TO DISSOLVE THE EX PARTE TEMPORARY RESTRAINING ORDER (EMERGENCY) 31

附件：

1:(Exhibit Plaintiff's ECF Filing Time)
2:Exhibit Prior Art ASIN B0919T22LT
3:Exhibit Earliest Product Review June 2021
4:Exhibit Plaintiff's Counsel's Read Receipt
5:Exhibit Defendant's reply within 2 hrs
6:Exhibit Plaintiff's Dec 2 Email

RESPONSE by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. to set motion and R&R deadlines/hearings, 32

附件：

1:(Exhibit Ex. C - 12/4 Email)
2:Exhibit Ex. B - 12/2 Response
3:Exhibit Ex. A - 12/2 Email

NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) TOPK US(brand: Warmco) (Defendant 3) with prejudice

NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 12 and Def. No. 16

MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of defendant Shenzhen Aixiong Technology Co.'s emergency motion to vacate the TRO 31. As of the filing of that motion, plaintiff's counsel had not yet responded to defense counsel's request to determine whether the motion would be opposed. Plaintiff's counsel and defense counsel shall promptly meet and confer regarding the relief sought in defendant's motion. If the parties reach an agreement, they shall file a joint status report indicating as such. If the parties are unable to reach an agreement, plaintiff shall respond to defendant's motion by close of business on 12/4/24. The Court will review the parties' submissions and issue further orders as appropriate. Mailed notice

MOTION by Defendant Shenzhen Aixiong Technology Co., Ltd. to vacate SEALED Order 21 TO DISSOLVE THE EX PARTE TEMPORARY RESTRAINING ORDER (EMERGENCY)

附件：

1:(Certificate of Service)
2:Exhibit Read Receipt from Edward L. Bishop
3:Exhibit Gaiatop trademark assignment information Reel/Frame 7931/0593
4:Exhibit Email Sent to Plaintiff's Counsel
5:Exhibit Gaiatop trademark (No. 7115206)
6:Exhibit Prior Art Korean patent No. KR3009971280000S
7:Exhibit Prior Art Chinese patent No. CN305809740S
8:Exhibit Prior Art Chinese patent No. CN306581614S
9:Exhibit Plaintiff's US Design Patent USD964544
10:Exhibit ASIN B09MHFPW6Hs Sales Rank According to Keepa
11:Exhibit Sweetfull Trademarks
12:Exhibit Declaration of Fangzhou Chai

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Aixiong Technology Co., Ltd.

ATTORNEY Appearance for Defendant Shenzhen Aixiong Technology Co., Ltd. by Ziqi Yu

MINUTE entry before the Honorable Jeffrey I. Cummings: Plaintiff's motion for extension of the TRO 24 is granted. The TRO entered on 11/15/24 is extended to 12/13/24. Mailed notice

NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 25

NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. as to Def. No. 21

MEMORANDUM by Shenzhen Gaiyatuopu Network Technology Co., Ltd. in support of motion for miscellaneous relief 24

附件：

1:(Declaration of Sameeul Haque)

MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. To Extend the Temporary Restraining Order

NOTICE of Voluntary Dismissal by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Under Rule 41(a)(1) HandFan (Defendant 20) without prejudice

SURETY BOND in the amount of $ 10,000 posted by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Document not imaged. (Received at the Intake Counter on 11/21/2024.)

SEALED ORDER Signed by the Honorable Jeffrey I Cummings on 11/15/2024.Mailed notice

MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiffs' memorandum in support of joinder 18 and finds that joinder is proper at this preliminary stage pursuant to Fed.R.Civ.P. 20(a)(2). Specifically, plaintiffs have alleged that beyond just infringing the same patent - which alone is insufficient to establish the propriety of joinder, see Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 187 (N.D.Ill. 2020), the defendants are located China or other remote jurisdictions, certain of the defendant stores bear similar layouts using the same text and images, and - most importantly to this Court - the counterfeit products "bear similar irregularities and indicia of being infringing," supporting the inference that the products come from a common manufacturing source. (See Dckt. #5 - Verified Complaint). Further, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D.Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. And, of course, the Court's finding regarding joinder in this case is not dispositive of the propriety of joinder in any other cases before the Court. Plaintiff's motion for leave to file under seal 4, plaintiff's ex parte motion for temporary restraining order 14, including a temporary injunction, a temporary asset restraint, and expedited discovery, and plaintiff's motion for electronic service of process 16 are granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. The Temporary Restraining Order being entered along with this order will also be entered under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. The previously set 10/14/24 tracking status hearing is stricken and re-set to 1/10/25 at 9:00 a.m. (to track the case only, no appearance is required). In light of this order, plaintiff's motion for a status hearing 19 is denied as moot. Mailed notice

MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. for hearing

附件：

1:(Exhibit A)

MEMORANDUM text entry, 17 by Shenzhen Gaiyatuopu Network Technology Co., Ltd. Regarding the Propriety of Joinder

MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 4, plaintiff's motion for temporary restraining order 14, and plaintiff's motion for electronic service of process 16 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 90 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 7/19/24, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice

MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. for Alternative Service

MEMORANDUM by Shenzhen Gaiyatuopu Network Technology Co., Ltd. in support of motion for temporary restraining order, motion for miscellaneous relief, 14 including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

附件：

1:(Exhibit 1 to Lee Declaration)
2:Declaration of N. Lee

MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. for temporary restraining order, MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. including a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery

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.

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 1).

ATTORNEY Appearance for Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. by Sameeul Haque

ATTORNEY Appearance for Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. by Benjamin Adam Campbell

ATTORNEY Appearance for Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. by Nicholas S. Lee

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Gaiyatuopu Network Technology Co., Ltd.

SEALED DOCUMENT by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. Exhibit 2D

附件：

1:(Defendant 90)
2:Defendant 89
3:Defendant 88
4:Defendant 87
5:Defendant 86
6:Defendant 85
7:Defendant 84
8:Defendant 82
9:Defendant 83
10:Defendant 81
11:Defendant 80
12:Defendant 79
13:Defendant 78
14:Defendant 77
15:Defendant 76

SEALED DOCUMENT by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. Exhibit 2C

附件：

1:Defendant 51
2:Defendant 52
3:Defendant 53
4:Defendant 54
5:Defendant 55
6:Defendant 56
7:Defendant 57
8:Defendant 58
9:Defendant 59
10:Defendant 60
11:Defendant 61
12:Defendant 62
13:Defendant 63
14:Defendant 64
15:Defendant 65
16:Defendant 66
17:Defendant 67
18:Defendant 68
19:Defendant 69
20:Defendant 70
21:Defendant 71
22:Defendant 72
23:Defendant 73
24:Defendant 74
25:(Defendant 75)

SEALED DOCUMENT by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. Exhibit 2B

附件：

1:Defendant 26
2:Defendant 27
3:Defendant 28
4:Defendant 29
5:Defendant 30
6:Defendant 31
7:Defendant 32
8:Defendant 33
9:Defendant 34
10:Defendant 35
11:Defendant 36
12:Defendant 37
13:Defendant 38
14:Defendant 39
15:Defendant 40
16:Defendant 41
17:Defendant 42
18:Defendant 43
19:Defendant 44
20:Defendant 45
21:Defendant 46
22:Defendant 47
23:Defendant 48
24:Defendant 49
25:(Defendant 50)

SEALED DOCUMENT by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. Exhibit 2A

附件：

1:Defendant 1
2:Defendant 2
3:Defendant 3
4:Defendant 4
5:Defendant 5
6:Defendant 6
7:Defendant 7
8:Defendant 8
9:Defendant 9
10:Defendant 10
11:Defendant 11
12:Defendant 12
13:Defendant 13
14:Defendant 14
15:Defendant 15
16:Defendant 16
17:Defendant 17
18:Defendant 18
19:Defendant 19
20:Defendant 20
21:Defendant 21
22:Defendant 22
23:Defendant 23
24:Defendant 24
25:(Defendant 25)

SEALED DOCUMENT by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd.

附件：

1:Schedule A
2:Exhibit 1
3:Exhibit 6
4:(Notice of Claims)

MOTION by Plaintiff Shenzhen Gaiyatuopu Network Technology Co., Ltd. for Leave to File Certain Documents Under Seal

Notice of Claims by Shenzhen Gaiyatuopu Network Technology Co., Ltd.

CIVIL Cover Sheet

COMPLAINT filed by Shenzhen Gaiyatuopu Network Technology Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22159738.

附件：

1:Schedule A
2:Exhibit 1 (Redacted)
3:Exhibit 2 (Redacted)
4:Exhibit 3
5:Exhibit 4
6:Exhibit 5
7:(Exhibit 6 (Redacted))