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2023-cv-14793

Toho Co., Ltd. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

法院:伊利诺伊州北法院
发案日期:2023-10-12
原告:Toho Co., Ltd.
代理律所:Keith
诉讼类型:商标
# Date Description
[+] 1 2023-10-12 COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21212383.
2 2023-10-12 CIVIL Cover Sheet
3 2023-10-12 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Michael A. Hierl
4 2023-10-12 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by William Benjamin Kalbac
5 2023-10-12 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Robert Payton Mcmurray
6 2023-10-12 MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal
7 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Sealed Schedule A
[+] 8 2023-10-12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toho Co., Ltd.
9 2023-10-12 MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2023-10-12 MOTION by Plaintiff Toho Co., Ltd. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
[+] 11 2023-10-12 MEMORANDUM by Toho Co., Ltd. in support of motion for temporary restraining order, 10
12 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 1 of Ueda Declaration
13 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 2 of Ueda Declaration
14 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 3 of Ueda Declaration
15 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 4 of Ueda Declaration
16 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 5 of Ueda Declaration
17 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 6 of Ueda Declaration
18 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 7 of Ueda Declaration
19 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 8 of Ueda Declaration
20 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 9 of Ueda Declaration
21 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 10 of Ueda Declaration
22 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 11 of Ueda Declaration
23 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 12 of Ueda Declaration
24 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 13 of Ueda Declaration
25 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 14 of Ueda Declaration
26 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 15 of Ueda Declaration
27 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 16 of Ueda Declaration
28 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 17 of Ueda Declaration
29 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 18 of Ueda Declaration
30 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 19 of Ueda Declaration
31 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 20 of Ueda Declaration
32 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 21 of Ueda Declaration
33 2023-10-12 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 22 of Ueda Declaration
34 2023-10-12 Notice of Claims Involving Trademarks by Toho Co., Ltd.
35 2023-10-20 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 9, and ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10. Provided that Plaintiff provides the security described in Paragraph 10 of the temporary restraining order, the temporary restraining order shall become effective on October 25, 2023 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Emailed notice
36 2023-10-20 SEALED TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 10/20/2023. Emailed notice
37 2023-10-24 SURETY BOND in the amount of $ 10,000 posted by Toho Co., Ltd. (Document not Scanned)
38 2023-10-25 MAILED Trademark report to Patent Trademark Office, Alexandria VA
39 2023-11-03 MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
40 2023-11-06 MINUTE entry before the Honorable Franklin U. Valderrama: The Court hereby grants Plaintiff's Motion to Extend the Temporary Restraining Order 39. The Temporary Restraining Order 36 shall now expire on 11/22/2023 at 6:00 p.m. Enter Order. Emailed notice
41 2023-11-06 ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 11/6/2023. Emailed notice
[+] 42 2023-11-17 MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to Defendant Nos. 15-20, 188 and 197-292
43 2023-11-17 MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
44 2023-11-17 MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction 43
[+] 45 2023-11-17 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 43
46 2023-11-20 SUMMONS Returned Executed by Toho Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 11/17/2023, answer due 12/8/2023.
47 2023-11-21 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's ex parte motion to extend the temporary restraining order as to Defendant Nos. 15-20, 188 and 197-292 42. The Court denies Plaintiff's motion. Plaintiff has already sought and obtained an extension of the temporary restraining order originally entered on 10/20/2023 36 and extended on 11/06/2023 41. As recognized by the Seventh Circuit, "the language of Rule 65(b)(2) and the great weight of authority support the view that 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." H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012). Here, there is no indication that the Defendant Nos. 15-20, 188, and 197-292 have consented to the extension of the temporary restraining order, and the motion is ex parte. The Court declines to extend the temporary restraining order beyond 28 days under the circumstances. To the extent Plaintiff seeks to file a motion to compel against third-party platform Alibaba for its non-compliance with the temporary restraining order, as indicated in the motion for extension, Plaintiff is free to file such motion, and the Court will refer such motion to the Magistrate Judge for resolution. Emailed notice
[+] 48 2023-11-21 MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction against Defendant Nos. 1-16, 21-187, and 189-196 43 is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint 7, (2) Exhibit 3 to the Declaration of Koji Ueda [12-33], and (3) the Temporary Restraining Order 36. Hughes Socol Piers Resnick & Dym, Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instruction can be found in the attachment to this entry. Emailed notice.
[+] 49 2023-11-21 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 11/21/2023. Emailed notice
50 2023-12-19 MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
[+] 54 2023-12-20 MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction 50 is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Plaintiff's Complaint [Dkt. No. 1], (2) Schedule A to the Complaint [Dkt. No. 7], (3) Exhibit 3 to the Declaration of Koji Ueda [Dkt. Nos. 12-33] and (4) the TRO [Dkt. No. 36] are unsealed. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Emailed notice.
55 2023-12-20 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 12/20/2023. Emailed notice
56 2023-12-28 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 Executive Committee on 12/28/2023: Mailed notice.
57 2024-01-26 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Toho Co., Ltd.
[+] 58 2024-01-26 MOTION by Plaintiff Toho Co., Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A
[+] 59 2024-01-26 MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment, 58
[+] 60 2024-01-26 DECLARATION of Michael A. Hierl regarding motion for default judgment, 58
61 2024-01-29 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's Motion for Entry of Default and Default Judgment against the Defendants Identified in Schedule A 58 is granted. Enter Final Judgment Order. The ten thousand dollar ($10,000.00) surety bond posted by Plaintiff, including any interest minus the registry fee, is hereby released to counsel of record for Plaintiff, Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602 via certified mail. Civil case terminated. Emailed notice
62 2024-01-29 FINAL DEFAULT JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 1/29/2024. Emailed notice
64 2024-01-30 NOTICE of Correction regarding 63.
65 2024-01-30 SATISFACTION of Judgment
[+] 66 2024-01-30 SATISFACTION of Judgment
67 2024-02-05 SATISFACTION of Judgment
[+] 68 2024-02-06 MAILED Closing Trademark report to Patent Trademark Office, Alexandria VA.
69 2024-02-07 SATISFACTION of Judgment
70 2024-02-12 SATISFACTION of Judgment
71 2024-02-16 RETURN of U.S. Post Office Receipt, Article No.7019 2280 0000 0962 8538.
72 2024-03-25 SATISFACTION of Judgment
73 2024-04-05 SATISFACTION of Judgment
74 2024-05-17 SATISFACTION of Judgment
75 2024-05-22 SATISFACTION of Judgment
76 2024-06-06 SATISFACTION of Judgment
77 2024-06-21 SATISFACTION of Judgment