SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

ENTERED JUDGMENT. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's statement on service of process explains that plaintiff missed the deadline to serve defendants because plaintiff overlooked the email it received giving it the email addresses of defendants. Plaintiff admits that it did not promptly serve defendants, but notes that defendants have received notice and many defendants have negotiated settlements with plaintiff. Although no defendants have complained about untimely service, plaintiff's mistake does not amount to good cause. Plaintiff's counsel routinely files these types of cases and should have reliable systems in place to process them. These cases, often conducted ex parte and without adversarial presentation, depend on plaintiff's counsel's diligence and reliability. This court authorized a method of service of process that required little to no effort, while at the same time entering extraordinary injunctive relief. Under those circumstances, good cause to justify untimeliness and mistakes requires more than a nonspecific claim of inadvertence. This action is dismissed without prejudice against all defendants for untimely service of process. The preliminary injunction is vacated. Enter judgment and terminate civil case. Notices mailed.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

Service of Process STATEMENT by Emoji Company GmbH Plaintiff's Statement on Service of Process

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by All Plaintiffs Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Manish S. Shah: Plaintiff filed an executed summons with a service date of April 16, 2021. 56. Plaintiff filed its complaint in November 2020 and the court authorized issuance of a summons and electronic service of process in December 2020. If a defendant is not served within 90 days after the complaint is filed, the court must dismiss the action without prejudice. Fed. R. Civ. P. 4(m). Plaintiff never requested an extension of time for service. Given the easy method of electronic service this court authorized, there does not appear to be any good cause for an extension of time. The service appears to be untimely and plaintiff must explain why the court should not dismiss this action as to the remaining defendants without prejudice for untimely service. Plaintiff's statement on service of process is due 4/29/21. Notices mailed.

SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/16/2021, answer due 5/7/2021.

SUMMONS Issued as to Defendant a san and all other Defendants identified in the Complaint.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for entry of default judgment is due 5/14/21. Notices mailed.

STATUS Report by Emoji Company GmbH

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal of Defendant No. 58

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Manish S. Shah: Plaintiff shall file a status report on 4/15/21 stating whether it has resolved the case as to defendant Levinis (which purported to file an answer to the complaint), whether discovery is proceeding as to Levinis or any other defendants, and when or whether it intends to move for default judgment. Plaintiff has not filed any notice that it served defendants. Notices mailed.

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Amended Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by All Plaintiffs Plaintiff's Notice of Voluntary Dismissal As To Certain Defendants

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal

Defendant Levinis ANSWER to Complaint Emoji Company GmbH by Levinis

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal

ATTORNEY Appearance for Defendant Levinis by Shengmao Mu

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal

MINUTE entry before the Honorable Manish S. Shah: Defendant AODEZI-US's request to dissolve the preliminary injunction against it, see 28 and 30, is denied. AODEZI-US did not offer any substantive argument in support of its objection, and the plaintiff's evidence supports the injunction for the reasons stated in the injunction and the docket entry of 2/2/21. Notices mailed.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal

ATTORNEY Appearance for Defendant YUEND by Shengmao Mu

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal

ATTORNEY Appearance for Defendant Upopby by Shengmao Mu

REPLY by Plaintiff Emoji Company GmbH Plaintiff's Reply to Opposition of Defendant No. 8 "AODEZI-US" to Entry of Preliminary Injunction

NEW PARTIES: Yeehebe, YEHO Art Gallery, Yeleaf, YepmaxUS, YEVEM, YFVHB12132, yichemkngjianzhu, Yicool-Direct, yijiangli, YILILIFN 2020, Yingfu Trading, YingQueStore, YINHUISHANGMAO, yishenglong, yiwushiqianqidianzishangwuyouxiangongsi, yixinshihuixiangwujinyouxiangongsi, YiYiDianZi, YLTHOL, Yongxin Lighting, yongzhou depusizhinengkejiyouxiangongsi, YOOKOON, Yoosunl, Yoronene, You Hua Jun, yours yours yours, youwith joy, youxixian youhai maoyi youxiangongsi, YOZATIA, YQRONG, YQUNLI, YuanYangXianMingZheBaiHuoYouXianGongSi, yuecaijing325, YUEND, Yuer Ley, YUEYUEE, yuhuaqulihanaiqingmuyingyongpindian, Yumily, yunakesa, YunnStr0u, Yunxuanzhuo Medical Devices, yunzhenbusiness, YuoKenyzpg, Yuqian Landscaping, YUUFUN, YUUHII ATR, YWNFZD, YXQYWG, zaozhuangshiyichengqushenhaidianzishangwuzhongxin, ZAOZWU and Zara Henry added to case caption.

NEW PARTIES: xinxinchaoshi, XinYuShi BaoJiaKeJi YouXianGongSi, XKLLM, XTtadco, XuChangShiDongChengQuShengQianYanJiuShangHan, XUNHUI, XUPAN, XUXFEI, XuZhouJinJiaXinXiZiXunYouXianGongSi, XWLIN, XZHAI, Yaaaaasss!, Yale999Poe, YALEU, Yamato-Golf, YANBOSTORE, yancanwujindian, YangBianLin, YANGYANG-, yangzhoujiaodonglishebeiyouxiangongsi, Yapan7, YBhoo0, YC Hongda, YCKZZR and Yeeee added to case caption.

NEW PARTIES: XHMhor, xiamenliujiaoqishangmaoyouxiangongsi, XiaMenMaiMiMaoYiYouXianGongSi, xiamenxiaxinkejiyouxiangongsi, xiamenxuanyaomaoyiyouxiangongsi, xiamenzongshenglanmaoyiyouxiangongsi, Xian Fei Ping, xiangchengshichenyangwangluokeji, xiangchengshihongwushangshangmaoyouxianzerengongsi, xiangchengshihuiyaoshangmaoyouxiangongsi, Xiangchengshijinglinshangmaoyouxiangongsi, xiangchengshiloutengshangmaoyouxiangongsi, xiangchengshipengchenshangmaoyouxiangongsi, XiangChengShiShuiZhaiZhenChaoPaiFuShiDian, xianglingmao, xianshixinchengqulantabaihuodian, xianxiuping, XiaoCeng, Xiaofz, xingyaodianpu, Xinhubaihuo, xinjiangchuangliguquantouziguanliyouxiangongsi, XIN-MIN, xinshaoxian xiongweiriyongbaihuoshangdian and XinShenghe added to case caption.

NEW PARTIES: PUdioior, putianshiguoranyouyuemaoyiyouxiangongsi, qctgi5rgjjh, QEHAO, QIANFE, Royalreal, ruiqiemaoyi, RUIZHEN, SCL168096, SENMIYX, SHANNON HUGHES, ShenYangTieXiQuJinAnDiFuZhuangDian-Wei WuHao, SHGSEHQQ, shimingan, SKKRBMITHot Christmas Carnival Promotion, Smart Future Mall, smartscience, Smile Posta, SXYJN, TAISI, TEKI, tghujlk, TianJinShiSiLinTiYuWenHuaChuanBoYouXianGongSi, Tiizy, Time-killer, TOMVOSW, TSOTU, Ukolili, UNIEVE, Upopby, V&G Office Supplies, VACHE, Vcostore, WIDELY AFFECTED, Williss TeK, wowooking, Wqi Home, wrtgerht, wujiangqufangcaiyinpindian, wumingjing, WuRongliang, WUUJIA, WUXLONG, Wuye bles, WWYTG, WXHNY Ship to USA 7-15 Days, x6Hrjg, xaofag, xcvrgse and XDLEI added to case caption.

NEW PARTIES: halo cod, HappyHomey, HeBiShiShanChengQuTaoSiTuShuDian, hefeinuexushangmaoyouxiangongsi US, hjgsyu, HoDeColor, HOMEEGOODS, HOSTK STORE, huikedianzishangwuzhongxin, HuiZhouShiHuiChengQuTaiLiNiuRouHuoGuoDian, HZY762283, Jamiacy, Jersmy, JiaoZhouShiHuaiYiHengNongChanPinShangDian, JIDANSHOP, JiNanHuiZhiZhiPinYouXianGongSi, JKONSO, jusourse, kaifenghuangcaishangmaoyouxiangongsi, Konxxtt, Koogel Store, KOPOXY, KULUSSY, LDDStore, Levinis, LGUIY, liangqingkai us, LIANTSH, Life Of Mug store, linminlong, LLB-BXX, LLQ443928, Luciy, LUJIAZ, lushanwotou us, maxsoul, May Bob, mcpitee271, MengZiYingLinDaAnYinPinDian, MHFDJH-09, MiaoMeiMaoYi, MLS101466, Moonasy, Mormda, MORNiNG Store, namnoishop, Ngyeyu, nsdjha, OuQiuWa and pingwellsion added to case caption.

NEW PARTIES: a san, adurello, AIR8, ALGBGVJGJT, Aligle, Am I Rart, anshenfuwff, AODEZI-US, aoXinHeN, Audior-US, BaByPinkyS, BaFaHo, BaoAnQuWuHanHuiLengYinDian, Beautiful Dandelion, beepe, beilundaqi, Bernie Gresham, Binfaus, bingcui, BOWERSK, bulaiDDTD, Camillee, CarLining, changsharongxiandianzishangwuyouxiangongsi, Charmtribe, Chenyangg, CheryltLJZ, Classic souvenir, Crazy dance, CyberMoon, DAOPUDA, DavidWilliam, DeliaWinterfel-Global, DingFS, docotor akio, Dongxin building materials, ECHOY, Emily Simon, evzinc, eytef, Facai20, fanweimeiguo, Fary Sotem, fdhdshfdbfdgdsg, fsadaada, Galaxlon, gguhujhi, GloDreAm, Gorefne and Gourydones added to case caption.

PRELIMINARY INJUNCTION Order. Signed by the Honorable Manish S. Shah on 2/1/2021. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiffs' motion for a preliminary injunction 23 is granted. No defendant timely objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction including the relief ordered by the TRO (e.g., expedited discovery, asset restraint, and electronic service of process). Enter preliminary injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiffs' counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. The court will take defendant AODEZI-US's appearance and opposition to the preliminary injunction as a request to dissolve the injunction as to it. See 28. Plaintiff must file a reply to justify the injunction against AODEZI-US by 2/8/21. The court will rule on AODEZI-US's objection after plaintiff replies. Notices mailed.

ATTORNEY Appearance for Defendant AODEZI-US by Tianyu Ju

RESPONSE by AODEZI-USin Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 23

ATTORNEY Appearance for Defendant AODEZI-US by Tao Liu

NEW PARTIES: a san, adurello, AIR8, ALGBGVJGJT, Aligle, Am I Rart, anshenfuwff, AODEZI-US, aoXinHeN, Audior-US, BaByPinkyS, BaFaHo, BaoAnQuWuHanHuiLengYinDian, Beautiful Dandelion, beepe, beilundaqi, Bernie Gresham, Binfaus, bingcui, BOWERSK, bulaiDDTD, Camillee, CarLining, changsharongxiandianzishangwuyouxiangongsi, Charmtribe, Chenyangg, CheryltLJZ, Classic souvenir, Crazy dance, CyberMoon, DAOPUDA, DavidWilliam, DeliaWinterfel-Global, DingFS, docotor akio, Dongxin building materials, ECHOY, Emily Simon, evzinc, eytef, Facai20, fanweimeiguo, Fary Sotem, fdhdshfdbfdgdsg, fsadaada, Galaxlon, gguhujhi, GloDreAm, Gorefne and Gourydones added to case caption.

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction shall be filed by 1/19/21. If no objections are filed, the motion will be considered unopposed, and the court will issue a ruling by cm/ecf. Notices mailed.

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 23

MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 23

MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

SURETY BOND in the amount of $ 10,000.00 posted by Emoji Company GmbH (Document not scanned).

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of the temporary restraining order 20 is granted. Plaintiff has demonstrated good cause to extend the TRO to obtain compliance from third parties and to avoid irreparable harm to plaintiff. The TRO is extended to 1/13/21. Notices mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 12/16/2020. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal 5 and motion for excess pages 7, are granted and the motion for a temporary restraining order, expedited discovery, and electronic service of process 8 is granted in part. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a strong likelihood of success on the merits (including evidence of active infringement of plaintiff's intellectual property and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its marks. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. The court has doubts about the propriety of joinder and whether plaintiff genuinely intends to pursue an accounting (justifying an asset freeze), but at this preliminary stage the court is persuaded that plaintiff has sufficient indicia of coordinated activity and prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze and joinder. A $10,000 bond is sufficient to secure the injunctive relief. The court declines to enter any domain name transfer because no defendant domain names are listed in Schedule A and the court concludes that plaintiff included proposed language and argument by cutting and pasting from other cases without support from the facts of the case. Court staff advised plaintiff's counsel that the court would not enter a domain name transfer order in cases where no domain names are listed in Schedule A. Plaintiff's counsel is directed to stop submitting proposed orders that cut and paste from other cases without regard to the specifics of this case. Preliminary equitable relief is extraordinary relief and not to be treated cavalierly just because these cases have become routine. Enter Sealed Temporary Restraining Order. Notices mailed.

STATUS Report by Emoji Company GmbH

MAILED Trademark report to Patent Trademark Office, Alexandria VA

附件：

1:Exhibit

Notice of Claims Involving Trademarks by Emoji Company GmbH

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 5 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 4 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 3 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 2 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 1 of Reiter Declaration

MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, 8

附件：

1:Declaration Santiago Declaration
2:Exhibit 1
3:Declaration Reiter Declaration
4:Declaration Hierl Declaration
5:Exhibit Hierl Exhibit 1
6:Exhibit Hierl Exhibit 2
7:Exhibit Hierl Exhibit 3

MOTION by Plaintiff Emoji Company GmbH for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment.

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Sealed Schedule A

MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl

CIVIL Cover Sheet

COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 400, receipt number 0752-17666776.

附件：

1:Exhibit 1