EXHIBIT 5

Case: 1:20-cv-04806 Document #: 317-5 Filed: 07/02/21 Page 1 of 8 PageID #:7213
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From: Christopher Binns <cbinns@loeb.com>

Sent: Wednesday, March 24, 2021 2:35 PM

To: 'Stephen Vegh'

Cc: dmckinley@rmpartnerslaw.com; Adam Kelly

Subject: RE: Chic v. P'ships, 20-cv-4806: Tomoloo/Gyroor Lists

Attachments: Gyroor - Tomoolo List 3-3-2021 (20-cv-4806) (updated).xlsx

Counsel:

Attached is an updated spreadsheet. As an initial matter, Plaintiffs object to your characterization of a “piecemeal”

approach to this litigation, especially where it was your clients that chose to both move to dismiss and to answer in this

case. Thus, Plaintiffs cannot agree to pause discovery on all the Gyroor and Tomoloo Defendants when these

Defendants have chosen to approach this litigation in two distinct ways.

 

As you will see in the attached there is no substantive difference from the information you were previously provided on

March 3, 2021. Therefore we see no justification for a three-week extension of the discovery deadline, as you were in

possession of the complete list of stores that relate to your clients. Regardless of whether your clients were on Schedule 

A or an affiliate, your clients are required to compile the requested sales figures which you agreed to produce. And as

you are aware, without the sales figures, Plaintiffs cannot request a proportional freeze from Amazon (or any other

third-party seller platform)—which we understand would be the basis of your potential request for relief from the

Court. Nonetheless, we are willing to agree to a one-week extension to the discovery deadline to avoid any unnecessary

motion practice. 

Lastly, regarding the sufficiency of the arguments on the merits raised in your client’s Non-Infringement, Invalidity, and

Unenforceability Contentions, Plaintiffs will provide its response under the Local Patent Rules in due time when

required.

All the best,

CB

Christopher Binns

LOEB & LOEB LLP | ATTORNEY AT LAW

345 PARK AVENUE | NY, NY 10154

(212) 407-4213 |cbinns@loeb.com

 

Christopher Binns

Attorney At Law 

345 Park Avenue | New York, NY 10154 

Direct Dial: 212.407.4213 | Fax: 646.349.1805 | E-mail: cbinns@loeb.com

Los Angeles | New York | Chicago | Nashville | Washington, DC | San Francisco | Beijing | Hong Kong | www.loeb.com

Case: 1:20-cv-04806 Document #: 317-5 Filed: 07/02/21 Page 2 of 8 PageID #:7214
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Thank you, Loeb & Loeb LLP. 

From: Stephen Vegh <svegh@veghlaw.com> 

Sent: Tuesday, March 23, 2021 11:03 PM 

To: Christopher Binns <cbinns@loeb.com>; Adam Kelly <akelly@loeb.com> 

Cc: dmckinley@rmpartnerslaw.com 

Subject: Fwd: Chic v. P'ships, 20-cv-4806: Tomoloo/Gyroor Lists 

Importance: High

Counsel, I'm reaching out to y ou once again to try to resolve the issue raised below that remains unresolved. As we'd discu ssed on our call a coup le weeks ago , judicial economy and litigatio n efficiency would be promo 

Counsel, 

I'm reaching out to you once again to try to resolve the issue raised below that remains unresolved. As we'd 

discussed on our call a couple weeks ago, judicial economy and litigation efficiency would be promoted if Plaintiffs 

identified once and for all which of the storefronts accused of selling accused hoverboards are on the party 

Defendant "list" and which are on the non-Defendant, "frozen" storefront "list". If you provide this information, my 

client may then be able to (1) evaluate it's settlement position in view of a potential global resolution, rather than 

piecemeal resolution; (2) provide information at the same time that shows which storefront accounts have been 

unreasonably restricted in excessive amounts, based on revenues attributable to accused product sales, thereby 

avoiding piecemeal motions to amend/vacate injunction orders; (3) streamline discovery so that responses are due 

from Defendants at the same time, rather than staggered. Unfortunately to date your office has not provided the two 

"lists". 

Relatedly, the Tomoloo Answering Defendants believe there is not a likelihood of success on the merits to Plaintiffs'

claims against the five Tomoloo Answering Defendants, for the reasons set forth in their Non-Infringement, 

Invalidity, Unenforceability Contentions. Also, the current deadline for the Tomoloo Answering Defendants to 

respond to Plaintiffs' discovery is next Monday, March 29. As mentioned above, it would make sense to have 

discovery due from all defendants at the same time. But in order for that to happen, we'd know to know who all the 

Defendants are on the Schedules to the Third Amended Complaint, which as mentioned Plaintiffs have not yet 

provided. 

I would prefer to resolve these issues informally, without the need for Court intervention on piecemeal motions to 

amend/vacate preliminary injunction orders. 

Defendants request Plaintiffs to confirm whether they'll turn over the requested "lists", and if so when. Also, will 

Plaintiffs agree to supend the deadline for Tomoloo Answering Defendants to respond to discovery until the 

requested information has been provided? In the alternative, Tomoloo Answering Defendants request a three-week 

extension to respond to Plaintiffs' discovery. Please advise by the close of business March 25, 2021. 

Thank you, 

Stephen Vegh 

----- Forwarded message from Stephen Vegh <svegh@veghlaw.com> ----- 

 Date: Thu, 04 Mar 2021 17:43:49 -0500 

 From: Stephen Vegh <svegh@veghlaw.com> 

Subject: Re: Chic v. P'ships, 20-cv-4806: Tomoloo/Gyroor Lists 

 To: Christopher Binns <cbinns@loeb.com> 

 Cc: Danielle McKinley <dmckinley@rmpartnerslaw.com>, Adam Kelly <akelly@loeb.com>

Case: 1:20-cv-04806 Document #: 317-5 Filed: 07/02/21 Page 3 of 8 PageID #:7215
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Chris, 

Which on your current list are Shedule "A" storefronts (Plaintiff has or may identify as party defendants in this 

matter) and which are what you've characterized as non-party "affiliate" storefronts (whose Amazon accounts 

Plaintiff has froze or may freeze shortly)? It's my understanding Runchengyun, Jiangyou-US, and Tomoloo-NX are 

Schedule A storefronts based on I believe Plaintiff's prior representations. I ask this because as a follow-up to our 

call the other day wherein we discussed how it may make sense to have a set response time for all partydefendants along with having any injunction modifications done at the same time rather than piecemeal. 

Thanks for clarifying. 

Stephen Vegh 

Quoting Christopher Binns <cbinns@loeb.com>:

I'm using Mimecast to share large files with you. Please see the attached instructions.

Counsel,

Attached is a complete list of stores affiliated with Gyroor and Tomoloo as of March 3, 2021. As we 

discussed, if we find any additional stores, we will approach you prior to approaching Amazon. However, as 

you are aware, any additional requests to Amazon can be avoided if your client abides by the preliminary 

injunction order. 

Also attached are copies of the infringing products for all stores except the ones listed below, which will be 

forthcoming in either a screen shot or a declaration from our client describing the infringing product that the 

client previously observed but which may no longer be available. 

Gyroor:

Case: 1:20-cv-04806 Document #: 317-5 Filed: 07/02/21 Page 4 of 8 PageID #:7216
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Store Name

 

Amazon ID

 

zhonghongxin-us 

 

A25PYSLZ5XW50W

 

honghaiya-us 

 

AIFII05V4L3I3 

 

shanchun-us 

 

A2NUD2WSEZ9ZT 

 

rongjiamaoyi-us 

 

A2DA8CSKTCC66B 

 

Urbanmax 

 

A2YJ4WYCO1L51J 

 

Tomoloo:

Store Name

 

Amazon ID

 

Smavt 

 

A15KLREW50H5QW

 

All the best,

Case: 1:20-cv-04806 Document #: 317-5 Filed: 07/02/21 Page 5 of 8 PageID #:7217
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CB

 Stephen Z. Vegh, Esq. 

 1240 Rosecrans Ave. #120 

 Manhattan Beach, CA 90266 

 Tel: (310)980-7440 

 www.veghlaw.com

 svegh@veghlaw.com

----- End forwarded message -----

 Stephen Z. Vegh, Esq. 

 1240 Rosecrans Ave. #120 

 Manhattan Beach, CA 90266 

 Tel: (310)980-7440 

 www.veghlaw.com

 svegh@veghlaw.com

Case: 1:20-cv-04806 Document #: 317-5 Filed: 07/02/21 Page 6 of 8 PageID #:7218
Seller Name Schedule A/Affiliate Amazon Merchant ID carrie_yux-5** Schedule A

Runchenyun Schedule A AW9IVF0R92969 mijia_store** Schedule AGyroshoes Affiliate A2ARNHQ8SVCIB

Q pauta60** Schedule A

JIANGYOU-US** Schedule A A2WDDE8MIQH0TE skateboardstore2012** Schedule A Gyroor** Affiliate AHGEGWXX7DCPQ smg-store** Schedule AFengchi-US** Affiliate A11ZZ2BGHTDJWC strongjennie** Schedule AGYROOR US** Schedule A A57BIIPQ5F3FT therealbeerguy** Schedule AGaodeshangUS** Affiliate AYN6OZNVZ6M1Q 2013tankstrong001** Schedule Ahgsm** Affiliate A18SI7S9NCFNDALison ET** Affiliate A2NLQKWD7CGXGK

zhonghongxin-us Affiliate A25PYSLZ5XW50Whonghaiya-us Affiliate AIFII05V4L3I3shanchun-us Affiliate A2NUD2WSEZ9ZTrongjiamaoyi-us Affiliate A2DA8CSKTCC66BUrbanmax** Affiliate A2YJ4WYCO1L51J

Gyroor eBay

** Indicates that the Accounts are frozen

Gyroor Amazon

Case: 1:20-cv-04806 Document #: 317-5 Filed: 07/02/21 Page 7 of 8 PageID #:721
Seller Name Schedule A/Affiliate Amazon Merchant ID digitalplus2018 

TOMOLOO** Schedule A AID3SH3YPRL1E liquidationdepotla TOMOLOO Franchise Schedule A A345B08PGN8LUO

TOMOLOO INE** Schedule A A2A3MNSAIX1437

TOMOLOO-US Schedule A A2FO3ELK9A4COF

Tomoloo Flagship Schedule A A1ZP3NP8NRL3DBTomoloo TC Schedule A A1DXERU83AK4IXTomoloo DX Schedule A A23EA08Y88EE4MTomoloo IN

T Schedule A A35351AV5611LB

TOMOLOO-AOX (Aoxtech)** Affiliate AXGAWQK8OGS24TOMOLOO Offical Schedule A A22EGLUS9AQ3WATOMOLOO-NX** Schedule A AK2XZM4Y8NUHNBetter TOMOLOO** Schedule A A2UBVN107UWO9CMANDOYOU Affiliate A1EWFJP84JPI5D

Smavt** Affiliate A15KLREW50H5QW 

Tomoloo Amazon To

** Indicates that the Accounts are frozen

Case: 1:20-cv-04806 Document #: 317-5 Filed: 07/02/21 Page 8 of 8 PageID #:722