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 10/6/2021. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: No defendant has appeared or objected to the motion for default judgment. The motion 50 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. The court again reminds plaintiff's counsel that it must stop submitting proposed orders that contain inapplicable language. This case did not involve a domain name transfer order or any "Defendant Domain Names" or "Defendant Internet Stores" but plaintiff submitted a proposed order that included language suggesting that this court entered a domain name transfer. This court has repeatedly told counsel from Hughes Socol Piers Resnick & Dym to exercise more care when drafting and submitting proposed orders in these cases. But the firm's sloppiness persists, and the court is starting to think that sanctions will be the only way to get compliance. Terminate civil case. Notices mailed.

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: Any objections to the motion for default judgment must be properly filed by 9/27/21. If no objections are filed, the motion will be considered unopposed. Notices mailed.

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 185

DECLARATION of Michael A. Hierl regarding motion for default judgment 50

附件：

1:Exhibit Hierl Exhibit 1

MEMORANDUM by Emoji Company GmbH in support of motion for default judgment 50

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 Defendant No. 201

ATTORNEY Appearance for Movant Rough Enough Inc. by Adam Edward Engel

NOTICE of Voluntary Dismissal by Emoji Company GmbH Notice of Voluntary Dismissal as to Defendant No.15

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 Certain Defendants

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 Certain Defendants

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. 134

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 Certain Defendants

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

NEW PARTIES: UJJERYTOW, Unique Design Mug Store, Van Cloud Store, Weidenbach Mug shop, wencici, wondrtgift, WZXSKD, XiAnShiLinTongQuDeJinBaiHuoDian1, xiaoyuanmaoyi, xiaxiakeke, xingchenkanghao, xinxindiandian, XinZhou Shi Xin Fu Qu Shang She FuZhuang Dian, XLSNJX, xxhhttgg, yanjiashannonglin, YD77DY, yingfa-us, yingyingyueyue, yitiaoniu, Yohid, YOURNELO, yousuodian, YUHANGOLK, ywx07, zhang lanying, zhengyd888, zhifuquguyuwangluogongzuoshi, Zhu Long Xuan, ZhuangXuanMaoYiYouXianGongSi, ZI FAN Decor, ZURI SANA, ZZLianHui, zzyydzsw, Londony, Beauty time, Good Sticker, Jm-blue16, Limitools, Longway, Marashop, Rainbow Life, Raytek, sansango, Surprise Thursday, Tenager, Topseller, Toys & Hobby, True C, Tulip and YIYEBAODAN added to case caption.

NEW PARTIES: Qu Hong, Restart people, sadasasad, Salem Store, sdxwfgb, sencumaoyidianpu, September233, shanshandianpu, SHARE SUNSHINE, Shenqiu County Hongjie Cereals, Oils and Non-staple Food Wholesale Department, ShiLon, Singingin, Smart_outdoor6, Steve Mug Store, Sui Fude1, SUNYANDONGF, SuWen Wang, Sweet A Home, Sweetheart Home, ThanhToan Store, TONG LING, TONGER Shop, Tonight Direct, Tospoh8 and Tris Gift Store added to case caption.

NEW PARTIES: MikiyaStore, Miller Savvy, mimitool, MINGSHANE, Minions Boutique, mnjghutuhofikf, Morcart-Direct, MTGREET, MUGSHOP-lucky, Mystart, N.B.good.store(10-15 days free shipping), Nanjosan, nixtee, NNZDQ, NTTEE, OOCC, Peak's Gift, PendantLamp, PingDingShanMingHuangShangMaoYouXianGongSi, PLANET 007, PSBEL, putianshilichengquguojingbaihuoshanghang, putianshilichengqujieyazhenfangzhipindian, Qianlianjie and Qingchin added to case caption.

NEW PARTIES: HEXZE Beauty, High-end Slingshot Shop, Hiiovo, HINO HIRO, Hmeimei-tur, HNshibi, HomeTow, hongdongxiannanduancunxiaojuanhuazhuangpindian, HONGJUONLY, huan hao miao jian, HVT Global, ICareU, InnkerDirect, InvisibleWings, IONETWOU, Iron-Knight-Store, Jackystore Company, jiapinbaihuo, JIJIEJIJIEJIJIE, Jillaroon, JiNanFangHuiGuoShuPeiSongYouXian, JINGYUANYAO, Joyrior, juneNB, Just4Desire, Kepinpinpai, KfLei, KONGKEE, kuangchaogukejiyouxiangongsi, Kusddsi, Laffyett, LAKEXI877, LIANGHONGBAIHUO, LIDIDIDI, LikeYou, Linda Nigbur1 shop, LinFenShiYaoDuQuYeTianBaiHuoJingXiaoBu, LingLongJun, linyingxia113, LLNSUPPLY, Long Win Health Limitedw, LSCfashion, LTLNB, LUORUIUII, LUUHA STORE, MADE MEDIA STORE, Marcia Bailey Store, Miaowater, MichaelHX and MIERE POD added to case caption.

NEW PARTIES: aibin shop, AMAZING HATS FOR U, Amaznom, Asd178, Ashley Chris, BBDINH, BJCSD, BOBO Retro Sign, bobofafa, BomBomStore, brightsun, Bynight, caclta8, Cardising, Chens Shop, CHENZIJIAN, CLCube, cuizhimin, DFGHFER, DingjingShop, Doan'store, DOHAOOE Offical, Eggcop Joint Stock Company, Evion Store, fairly, FangShunBaoJieFu, Fat Egg's Shop, fengyoujing, Fiona Y, FRAAS FITTING, FYZHOUYOU, ghd-5468w, Global treasure, Gock, GouDoog, Gpilot wing, greatay, Guangliuying, Guangzhouhejihangkongpiaowuyouxiangongsi, GUOJIAJIE, Gyn&Joy, Habeit, haikoulonghuacongcongbianlidian, hailunshi chuangfeng shangmao Ltd, Haonand, HappynessMua, hbcfjnm, he fei lang gong shang mao you xian ze ren gong si, HeNanWenDongShiYeYouXianGongSi and henanxieyashangmaoyouxiangongsi added to case caption.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 6/15/2021. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction 30 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.

NEW PARTIES: aibin shop, AMAZING HATS FOR U, Amaznom, Asd178, Ashley Chris, BBDINH, BJCSD, BOBO Retro Sign, bobofafa, BomBomStore, brightsun, Bynight, caclta8, Cardising, Chens Shop, CHENZIJIAN, CLCube, cuizhimin, DFGHFER, DingjingShop, Doan'store, DOHAOOE Offical, Eggcop Joint Stock Company, Evion Store, fairly, FangShunBaoJieFu, Fat Egg's Shop, fengyoujing, Fiona Y, FRAAS FITTING, FYZHOUYOU, ghd-5468w, Global treasure, Gock, GouDoog, Gpilot wing, greatay, Guangliuying, Guangzhouhejihangkongpiaowuyouxiangongsi, GUOJIAJIE, Gyn&Joy, Habeit, haikoulonghuacongcongbianlidian, hailunshi chuangfeng shangmao Ltd, Haonand, HappynessMua, hbcfjnm, he fei lang gong shang mao you xian ze ren gong si, HeNanWenDongShiYeYouXianGongSi and henanxieyashangmaoyouxiangongsi added to case caption.

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: Any objections to the motion for a preliminary injunction must be filed by 6/10/21. If no objections are filed, the motion will be considered unopposed. Notices mailed.

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 30

MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction 30

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

MINUTE entry before the Honorable Manish S. Shah: The motion for a second extension of the ex parte TRO 26 is denied. Rule 65(b)(2) does not allow more than one 14-day extension of a TRO. See H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012) (28 days is the outer limit for a TRO without the consent of the enjoined party, regardless of whether the TRO was issued with or without notice). Notices mailed.

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 5/28/2021, answer due 6/18/2021.

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

MEMORANDUM by Emoji Company GmbH in support of extension of time 26

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

STATUS Report by Emoji Company GmbH

MINUTE entry before the Honorable Manish S. Shah: The motion to extend the temporary restraining order 23 is granted. The TRO is extended to 6/1/21. The court expects plaintiff to serve all defendants and file any motion for a preliminary injunction (with notice to defendants) by 5/26/21. Notices mailed.

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

NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal of Defendant No. 107

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

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

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions to seal 6, for excess pages 8, and 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, 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. But the court notes that infringement of plaintiff's word mark in text descriptions does not mean that the products themselves are necessarily counterfeit products. 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. 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, joinder, and personal jurisdiction. If plaintiff does not demonstrate actual sales into Illinois or some conduct other than plaintiff's own act of attempting to initiate a transaction with defendant, the court may conclude that it does not have personal jurisdiction over defendants. Because plaintiff seeks extraordinary relief against approximately 200 defendants, the court concludes that $50,000 is an appropriate amount of security to pay the costs and damages sustained by an injunction entered in error. Plaintiff must post the security by May 11, 2021. Finally, the court expects plaintiff in these cases to provide more basis for statements it makes in affidavits "on information and belief." That phrase is not protection against guesswork and plaintiff should be able to demonstrate with an investigator's direct and personal knowledge why it believes, for example, that defendants use unauthorized SEO tactics. Enter Sealed TRO. Notices mailed.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MAILED trademark report to Patent Trademark Office, Alexandria VA

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, 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 Cummings. 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 Robert Payton Mcmurray

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 0752-18183247.

附件：

1:Exhibit 1