Luxury Brands LLC v. The Partnerships and Unincorporated Associations Identified On Schedule A

PARTIAL DEFAULT JUDGMENT ENTERED Signed by the Honorable Lindsay C. Jenkins on 7/2/2024. Mailed notice. (jlj, ) (Entered: 07/02/2024)

MINUTE entry before the Honorable Lindsay C. Jenkins: The following order applies only to Defendants 142 "aotian-US", 152 "hehonglin-5," and 173 "guizhouxiaocongshangmaoyouxiangongsi" These Defendants have not responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 82 is granted. Based on the evidence previously submitted by Plaintiff 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 marks and copyrights irreparably harms Plaintiff and confuses the public. This 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 (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is appropriate for willful use of counterfeit Plaintiff Trademarks. Enter Partial Final Judgment Order. Mailed notice. (jlj, ) (Entered: 07/02/2024)

MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendants 353 enjoyaitlife.com; 354 firemid.com; 142 "aotian-US"; 152 "hehonglin-5"; and 173 "guizhouxiaocongshangmaoyouxiangongsi. The remaining Defendants have not responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 73 is granted. Based on the evidence previously submitted by Plaintiff 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 marks and copyrights irreparably harms Plaintiff and confuses the public. This 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 (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is appropriate for willful use of counterfeit Plaintiff Trademarks. Enter Partial Final Judgment Order. Mailed notice. (jlj, ) (Entered: 06/25/2024)

MINUTE entry before the Honorable Lindsay C. Jenkins: As to Defendants 142 "aotian-US" 152 "hehonglin-5" and 173 "guizhouxiaocongshangmaoyouxiangongsi" (Nos. 142, 152 and 173). Before the Court is Plaintiff's motion 82 for entry of default and default judgment. These three defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before July 1, 2024. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon these Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice. (jlj, ) (Entered: 06/25/2024)

MOTION by Defendants enjoyaitlife.com, firemid.com to set aside default default, MOTION by Defendants enjoyaitlife.com, firemid.com to dismiss for lack of jurisdiction, MOTION by Defendants enjoyaitlife.com, firemid.com to vacate or modify preliminary injunction (Attachments: # 1 Declaration of Ronghua Guan, # 2 Declaration of Miao Xu, # 3 Declaration of Lin Zhang)(Guan, Ronghua) (Entered: 06/24/2024)

MEMORANDUM by Luxury Brands LLC in support of motion for entry of default,, motion for default judgment, 82 (Beymer, Brandon) (Entered: 06/24/2024)

MOTION by Plaintiff Luxury Brands LLC for entry of default, MOTION by Plaintiff Luxury Brands LLC for default judgment as to Defendants 142 "aotian-US" 152 "hehonglin-5" and 173 "guizhouxiaocongshangmaoyouxiangongsi" (Attachments: # 1 Exhibit Schedule A)(Beymer, Brandon) (Entered: 06/24/2024)

AFFIDAVIT of Brandon Beymer regarding order on motion for entry of default,,, order on motion for default judgment,,, text entry,, 75 Affidavit of Service of Docket Entry 75 on Defaulting Defendant (Beymer, Brandon) (Entered: 06/17/2024)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 73 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before June 24, 2024. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice. (jlj, ) (Entered: 06/17/2024)

MEMORANDUM by Luxury Brands LLC in support of motion for entry of default,, motion for default judgment, 73 (Beymer, Brandon) (Entered: 06/14/2024)

MOTION by Plaintiff Luxury Brands LLC for entry of default, MOTION by Plaintiff Luxury Brands LLC for default judgment as to the Defendants on redacted Schedule A (Attachments: # 1 Exhibit Schedule A)(Beymer, Brandon) (Entered: 06/14/2024)

PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 5/23/2024. Mailed notice. (jlj, ) (Entered: 06/12/2024)

MINUTE entry before the Honorable Lindsay C. Jenkins: The Plaintiff's motion for a preliminary injunction 45 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 49 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Saper Law Offices, is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. (jlj, ) (Entered: 05/23/2024)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff shall send a proposed preliminary injunction order to the Court's proposed order box by May 23, 2024. Mailed notice. (jlj, ) (Entered: 05/22/2024)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 45 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve the relevant Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by May 22, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. (jlj, ) (Entered: 05/17/2024)

MEMORANDUM by Luxury Brands LLC in support of motion for preliminary injunction 45 (Beymer, Brandon) (Entered: 05/16/2024)

MOTION by Plaintiff Luxury Brands LLC for preliminary injunction as to the Defendants on the redacted Schedule A (Attachments: # 1 Exhibit Schedule A)(Beymer, Brandon) (Entered: 05/16/2024)

PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 5/10/2024. Mailed notice. (jlj, ) (Entered: 05/10/2024)

MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's motion for a preliminary injunction 31 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 35 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Saper Law Offices, is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. (jlj, ) (Entered: 05/10/2024)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff is requested to send a proposed preliminary injunction order to the court's proposed order box by May 10, 2024. Mailed notice. (jlj, ) (Entered: 05/09/2024)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 31 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by May 9, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. (jlj, ) (Entered: 05/06/2024)

MEMORANDUM by Luxury Brands LLC in support of motion for preliminary injunction 31 (Beymer, Brandon) (Entered: 05/06/2024)

MOTION by Plaintiff Luxury Brands LLC for preliminary injunction as to the Defendants on the redacted Schedule A (Attachments: # 1 Exhibit Schedule A)(Beymer, Brandon) (Entered: 05/06/2024)

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 26 is granted. The TRO is extended to May 9, 2024. Mailed notice. (jlj, ) (Entered: 04/25/2024)

MOTION by Plaintiff Luxury Brands LLC for extension of time to Extend the Temporary Restraining Order (Beymer, Brandon) (Entered: 04/24/2024)

MEMORANDUM by Plaintiff John Doe Unredacted Memorandum in Support of Plaintiff's Motion for Entry of Temporary Restraining Order. (Beymer, Brandon) Modified on 5/14/2024 (jh, ). (Entered: 04/09/2024)

MEMORANDUM by John Doe in support of motion for temporary restraining order 8 Redacted Memorandum in Support of Plaintiff's Motion for Entry of Temporary Restraining Order (Beymer, Brandon) (Entered: 04/09/2024)

MOTION by Plaintiff John Doe for temporary restraining order (Beymer, Brandon) (Entered: 04/09/2024)