MAILED trademark report with certified copy of judgment order to Patent Trademark Office, Alexandria VA

ENTERED JUDGMENT Signed by the courtroom deputy on 06/15/2023. Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/15/2023. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the Plaintiff's motion for default judgment 32 is granted in part. Judgment is entered in favor of the Plaintiff and against each Defendant in the amount of fifteen-thousand dollars ($15,000) per Defendant. Permanent injunction entered in light of the finding of willfulness. The Clerk's Office shall unseal all filings. The tracking status hearing of 06/16/2023 is vacated. Civil case terminated. Emailed notice

STATUS Report by Art Ask Agency

DECLARATION of Michael A. Hierl regarding motion for default judgment 32

附件：

1:(Exhibit Hierl Exhibit 1)

MEMORANDUM by Art Ask Agency in support of motion for default judgment 32

附件：

1:Exhibit 1
2:(Exhibit 2)

MOTION by Plaintiff Art Ask Agency for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

DECLARATION of Robert P. McMurray Declaration of Service

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 05/18/2023. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: In light of the same circumstances that justified entry of the TRO, the motion for preliminary injunction 25 is granted. Given the answer deadline of 06/02/2023, the tracking status hearing of 05/19/2023 for Judge Chang is reset to 06/16/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint status report by 06/08/2023. If the Defendants have not answered by the answer deadline, then they shall be deemed in default and the Plaintiff shall file a default-judgment motion by 06/08/2023. Emailed notice

SUMMONS Returned Executed by Art Ask Agency as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 5/12/2023, answer due 6/2/2023.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 25

MEMORANDUM by Art Ask Agency in support of motion for preliminary injunction 25

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

MOTION by Plaintiff Art Ask Agency for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

SURETY BOND in the amount of $10,000.00 posted by Art Ask Agency (Document not scanned)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO 22 is granted, in light of the continued applicability of the circumstances that justified entry of the initial TRO. The TRO is extended through 05/17/2023. The tracking status hearing of 05/05/2023 is reset to 05/19/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a preliminary injunction motion (if appropriate) by 05/12/2023. Emailed notice

MOTION by Plaintiff Art Ask Agency for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/19/2023. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 17 for temporary restraining order and other relief is granted. An order will be entered under seal separately and the TRO lasts through 05/03/2023. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), 17 U.S.C. § 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. §504(b). The same goes for trademark owners, who need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. By 04/25/2023, the Plaintiff shall email the courtroom deputy, michael_wing@ilnd.uscouts.gov, a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion 6 to file under seal is granted. To track the case only (no appearance is required, the case will not be called), the status hearing set for 04/21/2023 is reset to 05/05/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/28/2023. Emailed notice

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 to Strid Declaration

MEMORANDUM by Art Ask Agency in support of motion for temporary restraining order, 17

附件：

1:Declaration Strid Declaration
2:Exhibit Group Exhibit 1
3:Declaration Hierl Declaration
4:Exhibit Hierl Exhibit 1
5:Exhibit Hierl Exhibit 2
6:(Exhibit Hierl Exhibit 3)

MOTION by Plaintiff Art Ask Agency for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the memorandum on joinder and the accompanying exhibit, R. 14, 15, although it remains a close question on whether the limits on joinder are satisfied by the Amended Schedule A, it is sufficiently close that adversarial presentation would be needed for further narrowing of the Defendants. It is true that the narrower set of Defendants are accused of infringing the same copyrighted image, but that alone is insufficient. But the named Defendants also do use the exact same advertising image, and the advertising image is somewhat unique. Having said that, the advertising image is arguably just the image on a t-shirt, which does not do much to differentiate the online stores. And the advertising text is dissimilar. Yet, as noted earlier, the question is close enough (especially because Defendants Nos. 1 and 3 seem to use a very similar t-shirt in the advertising image) that adversarial presentation would be needed. So joinder is satisfied for purposes of the early stage of the case. The Plaintiff shall file, if appropriate, its motion for provisional relief by 04/12/2023. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 04/21/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit A

MEMORANDUM by Art Ask Agency Plaintiff's Memorandum in Support of Joinder

SEALED DOCUMENT by Plaintiff Art Ask Agency Amended Schedule A

AMENDED complaint by Art Ask Agency against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint, R. 1, and Schedule A, R. 7, the Court raises the propriety of joinder of the 154 Defendants. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder by 03/31/2023. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 04/07/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MAILED trademark report to Patent Trademark Office, Alexandria VA

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. (jk2,)

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (jk2,)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Art Ask Agency

SEALED DOCUMENT by Plaintiff Art Ask Agency Sealed Schedule A

MOTION by Plaintiff Art Ask Agency to seal document Plaintiff's Motion for Leave to File Under Seal

ATTORNEY Appearance for Plaintiff Art Ask Agency by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Art Ask Agency by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Art Ask Agency by Michael A. Hierl

CIVIL Cover Sheet

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. (jk2,)

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (jk2,)

COMPLAINT filed by Art Ask Agency; Jury Demand. Filing fee $ 402, receipt number AILNDC-20363491.

附件：

1:(Exhibit Group Exhibit 1)