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

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 8/27/2021. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: No defendants have appeared to object to the motion for entry of default judgment. The motion 45 is granted. Based on the evidence submitted in support of the temporary restraining order and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's trademarks irreparably harms plaintiff and confuses the public. The infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants, the value of the plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $50,000 is an appropriate award of statutory damages. Enter Default Judgment Order. Terminate civil case. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for default judgment must be properly filed by 8/20/21. If no objections are filed, the motion will be considered unopposed. Notices mailed.

DECLARATION of Michael A. Hierl regarding motion for default judgment 45

附件：

1:Exhibit 1

MEMORANDUM by Emoji Company GmbH in support of motion for default judgment 45

附件：

1:Exhibit 1
2:Exhibit 2

MOTION by Plaintiff Emoji Company GmbH 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

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

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 166

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

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal of Defendant No. 138

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

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal of Defendant No. 37

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal of Defendant No. 112

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

NEW PARTIES: 8-hk692, brise32, drewer224, hsi.ting, ideals100, junemydearestkids, kimkh-77, mangotre_54, meilianduotob, more-online, nailbeauty18, nenvi01_4, power-ful, prosally128, sfd-2358, smial_z, sosov5, wishspark, yaweijidianw, yorn-clinkz, zedouaut, antty.hepburn, arbutus-a, bakingdream, bigcarwhosepet2015, ceylon-master, click2-buy-weareclicking, courage-5, diffuser-locket, dragonstore133, dresshoes, drishjewels, edmowardan-0, ehxf5609, eir4157, fashionlovely, globeselling100, hanna.cha, henanar and hima_store_7 added to case caption.

NEW PARTIES: world-eshoping, wuwen_62, x.wens, xiaomiming2014-1, xiaotan2017-7, xuanx_48, yejiafashion886, yesfor2013, yinl_9025, yj168ap, yky_us, yogee-mall, youjiu-80, yuchenx_7, yugongg, yuju-44, yw_s-63, yzq7788908, zay863, zea832, zhangjihonguyj7, zhezch, zhmjw2018, zhome2015, zki-6769 and zoc278 added to case caption.

NEW PARTIES: topsmaster, trendynailworld, tuanyu2971, twenty-4-hours, uktoper, unlovepa28, uxgf-57, uyy081, vesselxie18, vickivicky, victor-mall, vijay_store, vrx637, vxa956, wag291, wangh82, wapca_65, webstainlesss, weel_39, wheretoget, wholesalejewelryer, wishryxy9, wms-jc, wonderlocket and world*shop18 added to case caption.

NEW PARTIES: odhe15, ojz-17, orly9955, pandiy2016, panlee_store, parassri_0, partydecor, peoplestechnology, perr_1005, phoebelyshop, powermanme, powerpart-us, prosperoussoul-1, qiavivi, qoh-29, qoqolan_1, qualitystore4u, queen_jishop, queenmade, qwan-31, qycharge, rainc7, rdummybaa, renxiaohong4565, rnmshop68, royiberkovitz, rsxq6492, rsyp2241, salado17, sallysara, samarthilo, saq6399, seanhkg, sei_642, sexxyy630lt, shangme_33, sherrioink, shihang6655, shoppingsatisfied, silentmusic16, silentmusic1666-1, slgamemzo0, slj8858, smilelove66, smyideldirect18, stdz_84, st-elec, sunshines-01, swtdkgs and sx68wq added to case caption.

NEW PARTIES: homedelidge, hotxciting, houronggroup, huihaomyd, idealhome2018, ijesvp4599, infayeec, instinct12, ipearl*skin, iriscelandine6, jarajarasj-0, jasgood03, jasgood04, jelfstuff, jewelryhome-8090, jieke1962, jingbingl-1, jingxuan7, jinzhwan-0, khanak_fab, kitchen_diy, korthon_60, kuanhongshang, laixiaoqing2012, lajidui88, lalal7333, landfashion, leadleds, linching6154, linda192873, linjoy11, linlin-666, listenstory, little.apple2014, lots_beauty, lovbride, lttz886, luomeikitl, lvd602, lym531, mallhighquality, mallservice, masaj_62, mdj_29, meilianduotoa, meiliqingchunderen, menshop2013, mered53, minh6731, minibaby2015, moshishopping, mt-knight, multidress-mall, my-jewelry-home, nailsecretgarden, newgameus, nice-jewelry33, novus01, ochirking and ochirlady added to case caption.

NEW PARTIES: 8-hk692, brise32, drewer224, hsi.ting, ideals100, junemydearestkids, kimkh-77, mangotre_54, meilianduotob, more-online, nailbeauty18, nenvi01_4, power-ful, prosally128, sfd-2358, smial_z, sosov5, wishspark, yaweijidianw, yorn-clinkz, zedouaut, antty.hepburn, arbutus-a, bakingdream, bigcarwhosepet2015, ceylon-master, click2-buy-weareclicking, courage-5, diffuser-locket, dragonstore133, dresshoes, drishjewels, edmowardan-0, ehxf5609, eir4157, fashionlovely, globeselling100, hanna.cha, henanar and hima_store_7 added to case caption.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 5/3/2021. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction 29 is granted. No defendant has appeared or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction. Enter preliminary injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's 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. Notices mailed.

CERTIFICATE of Service by Plaintiff Emoji Company GmbH

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be filed by 4/30/21, and plaintiff must file a certificate of service by 4/27/21 confirming that it has given notice to defendants of the motion for preliminary injunction. Plaintiff's motion and proposed preliminary injunction order contains references to "Defendant Domain Names." Plaintiff's Schedule A identifies no domain names subject to transfer. This court did not grant a domain name transfer in its TRO and explained why during the telephone hearing on 4/2/21. Plaintiff offers no new evidence in support of that kind of relief in the requested preliminary injunction. The court again asks plaintiff's counsel to stop including inapplicable language in its proposed orders. Notices mailed.

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 29

MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 29

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

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

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 4/21/2021, answer due 5/12/2021.

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

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of the temporary restraining order 26 is granted. The TRO is extended to 5/3/21. The court expects plaintiff to file and give notice of any motion for a preliminary injunction by 4/28/21. Notices mailed.

MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

BOND on Injunction in the amount of $ 50,000.00 posted by Emoji Company GmbH. (Document not imaged)

ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Robert Payton Mcmurray

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 4/5/2021. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal 5, motion for excess pages 8, and motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process 9 are granted. 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 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 intellectual property and causes consumer confusion. 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. The court will also take a fresh look at personal jurisdiction should any defendant appear. See Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *4 (N.D. Ill. Mar. 4, 2021). Based on counsel's representation about the average dollar amounts typically restrained in individual accounts in these types of cases, the court concludes that $50,000 is sufficient to secure the short-term injunctive relief against the approximately 200 defendants listed in Schedule A. A preliminary injunction, however, may require additional security because the costs and damages sustained by any party for the duration of the preliminary injunction is likely greater. Enter Sealed TRO. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Telephone hearing held on plaintiff's motion for temporary restraining order 9. The motion is taken under advisement and the court will issue an order via cm/ecf. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Telephone hearing on plaintiff's motion for temporary restraining order is set for 4/2/21 at 11:45 a.m. Members of the public and media may listen to these proceedings by dialing 1-888-204-5984 and using access code 9146677. Counsel of record and other essential case participants will receive an email prior to the start of the telephone hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Notices mailed.

Notice of Claims Involving Trademarks by Emoji Company GmbH

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 8 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 7 of Reiter Declaration

SEALED DOCUMENT by Plaintiff Emoji Company GmbH Exhibit 2 Part 6 of Reiter Declaration

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, 9

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 Jeffrey Cole. Case assignment: Random assignment.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

附件：

1:(List of Trademarks)

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 $ 402, receipt number 0752-18051081.

附件：

1:Exhibit 1