SATISFACTION of Judgment as to Certain Defendants

FULL SATISFACTION of Judgment as to Certain Defendant(s)

FINAL DEFAULT JUDGMENT ORDER signed by the Honorable Manish S. Shah on 1/8/2025. Emailed notice

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. No defendants have appeared or objected to the entry of default judgment. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment 31 is granted. For the same reasons preliminary injunctive relief was appropriate, permanent injunctive relief is appropriate. Based on the price point of the products, the weakness of the mark, the absence of any evidence of lost sales or profits, and the need to deter infringement that is easy to commit, the court concludes that $10,000 is an appropriate award of statutory damages. Enter Default Judgment Order and terminate civil case. Emailed notice

NOTICE of Motion by Matthew A. Werber for presentment of motion for default judgment 31 before Honorable Manish S. Shah on 1/8/2025 at 09:45 AM.

MEMORANDUM by Frida Kahlo Corporation in support of motion for default judgment 31 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT

附件：

1:(Copies of unpublished orders)
2:Exhibit B - Declaration of M. Werber ISO Motion for Default Judgement
3:Exhibit A - Defendants in Default

MOTION by Plaintiff Frida Kahlo Corporation for default judgment as to remaining defendants

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.

NEW PARTIES: WUHAOAAA, XINYUELIANGWANGLUOKEJIDIAN, Yingyajiesi, YuLongYanJingYouXianGongSi, ZAFER ALPEREN GUNDEM, 61 Xiao Youfu, Electrician Guy, HAIK Co. Ltd, liudongkejiyouxiangongsi, YANSHOP and Yinyjiesi added to case caption.

NEW PARTIES: Sticker Master 101, TaoZhan, TatBrows, Teechopchop, Thanh.nguyen, The Bunny Baby, THE KIMONO HOUSE, Thuong Shop, Thuong Shop, TIEZZDAZ, TRAN BICHNGOC2, TRAN UYEN and Vishwakarmas Handicraft added to case caption.

NEW PARTIES: HUYEN TRANG Mobile, ISA Trank, Jingxuan-us, jurenkejiyouxiangongsi, Kazisitj Store, KNIT IN PROGRESS, Little SuSu, MH AMZPXL, MSHUI, Nganzhuji, qiqihaersundongdianzishangwuyouxiangongsi, RA SUPPLIES, Rockinztee, Seher Aslan SEHER, shanxinueryakejiyouxiangongsi, ShanXiQingYiSeShangMao Co.,Ltd., Shopstar070 and SSXIAO added to case caption.

NEW PARTIES: Cao Tung Shop, CeQingCHEN, Dearl, FEI-Meng, gaowei1994, gyinxianhanmuxinshangmao and Hanh Thi Tran added to case caption.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 12/17/2024. Notices Mailed.

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 24 is granted. Enter Preliminary Injunction Order. 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.

NOTICE of Motion by Matthew A. Werber for presentment of motion for preliminary injunction 24 before Honorable Manish S. Shah on 12/17/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction must be noticed for presentment and hearing on the court's motion call. Notices Mailed.

MEMORANDUM by Frida Kahlo Corporation in support of motion for preliminary injunction 24

附件：

1:(Exhibit Unpublished Cases)
2:Declaration Werber Decl.

MOTION by Plaintiff Frida Kahlo Corporation for preliminary injunction

NOTICE of Voluntary Dismissal by Frida Kahlo Corporation as to certain Defendants

SUMMONS Returned Executed by Frida Kahlo Corporation as to Frida Kahlo Corporation on 10/25/2024, answer due 11/15/2024.

附件：

1:(Declaration)

NOTICE of Voluntary Dismissal by Frida Kahlo Corporation as to Certain Defendants

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

Firm Check BOND in the amount of $ 10,000.00 Rcpt. No: 100011712 posted by Frida Kahlo Corporation

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 10/7/2024. Notices Mailed.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions are granted in part. The court concludes that if defendants are alerted to this case before an injunction can issue, they may take steps to evade detection, defeating plaintiff's efforts to enforce its trademark. The court continues to have doubts about whether using Frieda Kahlo as a product description is infringement and concludes that likelihood of success on the merits against every defendant is not strong. But on the sliding scale approach, with some likelihood of success and the irreparable harm that comes from any infringement of plaintiff's trademark, injunctive relief is appropriate. There is no harm to a defendant from being ordered to stop infringement. The court declines to restrain any assets. An accounting can be accomplished through discovery of sales records and restraining assets is too harmful to defendants. Good cause exists to authorize expedited discovery to identify defendants and conduct an accounting. Electronic service of process does not violate any treaty and is an effective method to communicate with defendants. The court has doubts about joinder and personal jurisdiction but will await adversarial presentation to resolve those issues. Security in the amount of $10,000 is sufficient to secure the TRO. Enter Sealed Temporary Restraining Order. Notices Mailed.

SEALED EXHIBIT by Plaintiff Frida Kahlo Corporation AMENDED Dorado Exhibit 1 regarding exhibit, 11

附件：

1:(Amended Dorado Ex. 1 - part 3 of 1)
2:Amended Dorado Ex. 1 - part 2 of 1
3:Amended Dorado Ex. 1 - part 1 of 1

NOTICE of Voluntary Dismissal by Frida Kahlo Corporation as to certain defendants

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions are taken under advisement and no appearance is necessary. The court will enter a ruling on the docket. The court has some concerns that some of defendants' alleged infringements amount to fair use of the name as a description, not as a source indicator, and the extraordinary relief of an ex parte TRO should not be allowed. See Hebrew Univ. of Jerusalem v. DealzEpic, No. 21 CV 5492, 2022 WL 3026934, at *3-5 (N.D. Ill. Aug. 1, 2022). Notices Mailed.

ATTORNEY Appearance for Plaintiff Frida Kahlo Corporation by Peter Krusiewicz

NOTICE of Motion by Matthew A. Werber for presentment of motion for temporary restraining order[9], motion for miscellaneous relief[12], motion to seal document[4] before Honorable Manish S. Shah on 9/26/2024 at 09:45 AM.

MEMORANDUM by Frida Kahlo Corporation in Support of Joinder

MOTION by Plaintiff Frida Kahlo CorporationElectronic Service of Process

SEALED EXHIBIT by Plaintiff Frida Kahlo Corporation regarding memorandum in support of motion[10] (Attachments: # (1) Exhibit Dorado Ex. 1, Part 1 of 3, # (2) Exhibit Dorado Ex. 1, Part 2 of 3, # (3) Exhibit Dorado Ex. 1, Part 3 of 3)

MEMORANDUM by Frida Kahlo Corporation in support of motion for temporary restraining order[9]

附件：

1:Declaration Carlos R. Dorado
2:Declaration Matthew A. Werber

MOTION by Plaintiff Frida Kahlo Corporation for temporary restraining order

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.

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2).

ATTORNEY Appearance for Plaintiff FRIDA KAHLO CORPORATION by Matthew A. Werber

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FRIDA KAHLO CORPORATION

MOTION by Plaintiff FRIDA KAHLO CORPORATION to seal document exhibit 3

SEALED EXHIBIT by Plaintiff FRIDA KAHLO CORPORATION Schedule A regarding complaint, 1

CIVIL Cover Sheet

COMPLAINT filed by FRIDA KAHLO CORPORATION; Filing fee $ 405, receipt number AILNDC-22483106.

附件：

1:TM Registrations
2:Copyright Registrations
3:IPR Seizure Statistics
4:IP Rights
5:(DHS)