Florida State University et al v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A of the Complaint

DocketSUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A of the Complaint (smb, ) (Entered: 10/27/2022)

Docket(#22) NOTICE of Voluntary Dismissal by Florida State University, Florida State University Board of Trustees of Defendant No. 54 (virventurein). (Hutchinson, David) (Entered: 10/25/2022)

Docket(#21) Registry Deposit Information Form by Florida State University, Florida State University Board of Trustees $10,000 Deposit. (Hutchinson, David) (Entered: 10/21/2022)

DocketBOND in the amount of $ 10,000.00 company check, Receipt No. 4624278107, posted by Florida State University, Florida State University Board of Trustees. (emc, ) (Entered: 10/21/2022)

Docket(#20) NOTICE of Voluntary Dismissal by Florida State University, Florida State University Board of Trustees of Defendants No. 66, 67, and 101. (Hutchinson, David) (Entered: 10/20/2022)

Docket(#19) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 10/17/2022. (lxk, ) (Entered: 10/17/2022)

Docket(#18) MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 7 , ex parte motion for a temporary restraining order 8 , and motion for leave to file excess pages #9 are granted in part. Plaintiff's submissions (including the Declaration of Katie Pugh (see Dkt. #9 )) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries #4 , 7 , 8 , and #10 . The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to Defendants. As this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ef, ) (Entered: 10/17/2022)

Docket(#17) CERTIFICATE of Service of Mediation Program Documents by David Edward Hutchinson on behalf of Florida State University, Florida State University Board of Trustees regarding lanham notification #14 (Hutchinson, David) (Entered: 09/15/2022)

Docket(#16) MINUTE entry before the Honorable John F. Kness: The notice of motion #15 is stricken. Counsel is directed to review the Court's motions policy. There will be no hearing on 9/6/2022. Mailed notice (ef, ) (Entered: 09/02/2022)

Docket(#15) Notice of Motion for presentment of Ex Parte Motion for Leave to File Under Seal 7 , Ex Parte motion for Entry of a Temporary Restraining order, including a Temporary Transfer of the Defendant Internet Stores, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication 8 , and Motion to Exceed Page Limitation in their Memorandum in Support of Plaintiffs' Motion for a Temporary Restraining Order #9 NOTICE of Motion by David Edward Hutchinson for presentment of motion for leave to file excess pages,, #9 before Honorable John F. Kness on 9/6/2022 at 09:30 AM. (Hutchinson, David) (Entered: 09/01/2022)

Docket(#12) ATTORNEY Appearance for Plaintiffs Florida State University, Florida State University Board of Trustees by Nathan Daniel Monroe-yavneh (Monroe-yavneh, Nathan) (Entered: 08/30/2022)

Docket(#11) ATTORNEY Appearance for Plaintiffs Florida State University, Florida State University Board of Trustees by Christopher M. Tom (Tom, Christopher) (Entered: 08/30/2022)

Docket(#10) SEALED EXHIBIT by Plaintiffs Florida State University, Florida State University Board of Trustees to Katie Pugh Declaration (Attachments: #1 Exhibit Ex 2. (2 of 24) to Katie Pugh Declaration, #2 Exhibit Ex. 2 (3 of 24), #3 Exhibit Ex. 2 (4 of 24), #4 Exhibit Ex. 2 (5 of 24), #5 Exhibit Ex. 2 (6 of 24), #6 Exhibit Ex. 2 (7 of 24), #7 Exhibit Ex 2 (8 of 24), #8 Exhibit Ex. 2 (9 of 24), #9 Exhibit Ex. 2 (10 of 24), #10 Exhibit Ex. 2 (11 of 24), #11 Exhibit Ex. 2 (12 of 24), #12 Exhibit Ex. 2 (13 of 24), #13 Exhibit Ex. 2 (14 of 24), #14 Exhibit Ex. 2 (15 of 24), #15 Exhibit Ex. 2 (16 of 24), #16 Exhibit Ex. 2 (17 of 24), #17 Exhibit Ex. 2 (18 of 24), #18 Exhibit Ex. 2 (19 of 24), #19 Exhibit Ex. 2 (20 of 24), #20 Exhibit Ex. 2 (21 of 24), #21 Exhibit Ex. 2 (22 of 24), #22 Exhibit Ex. 2 (23 of 24), #23 Exhibit Ex 2 (24 of 24))(Hutchinson, David) (Entered: 08/30/2022)

Docket(#9) MOTION by Plaintiffs Florida State University, Florida State University Board of Trustees for leave to file excess pages (Attachments: #1 Exhibit Ex. A. FSU Memorandum in support of TRO, #2 Declaration Attorney Declaration (David E. Hutchinson), #3 Exhibit Ex. 1 to Attorney Declaration, #4 Exhibit Ex. 2 to Attorney Declaration, #5 Exhibit Ex. 3 to Attorney Declaration, #6 Exhibit Ex. 4 to Attorney Declaration, #7 Exhibit Ex. 5 to Attorney Declaration, #8 Exhibit Ex. 6 to Attorney Declaration, #9 Declaration Declaration of Katie Pugh (Client), #10 Exhibit Ex. 1 to Declaration of Katie Pugh (FSU Trademarks))(Hutchinson, David) (Entered: 08/30/2022)

Docket(#6) CLAIM by Florida State University, Florida State University Board of Trustees regarding INVOLVING TRADEMARKS (Attachments: #1 Supplement AO120 Trademark Form)(Hutchinson, David) (Entered: 08/30/2022)

Docket(#5) MOTION by Plaintiffs Florida State University, Florida State University Board of Trustees for disclosure Plaintiffs' Corporate Disclosure Statement and Notification as to Affiliates Pursuant to Fed. R. Civ. P. 7.1 and Local Rule 3.2 (Hutchinson, David) (Entered: 08/30/2022)

Docket(#4) SEALED EXHIBIT by Plaintiffs Florida State University, Florida State University Board of Trustees Schedule A to Complaint regarding complaint, #1 (Hutchinson, David) (Entered: 08/30/2022)

Docket(#3) ATTORNEY Appearance for Plaintiffs Florida State University, Florida State University Board of Trustees by David Edward Hutchinson (Hutchinson, David) (Entered: 08/30/2022)

Docket(#2) CIVIL Cover Sheet (Hutchinson, David) (Entered: 08/30/2022)

Docket(#1) COMPLAINT filed by Florida State University, Florida State University Board of Trustees; Filing fee $ 402, receipt number AILNDC-19793661. (Attachments: #1 Exhibit Ex. 1 - FSU Trademarks, #2 Supplement Provisionally Filed Under Seal - Schedule A Slipsheet)(Hutchinson, David) (Entered: 08/30/2022)