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1
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2023-11-27 |
COMPLAINT filed by Toho Co., Ltd.; Filing fee $ 402, receipt number AILNDC-21361964. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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2
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2023-11-27 |
SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Schedule A to Complaint [1] |
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3
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2023-11-27 |
CIVIL Cover Sheet |
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4
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2023-11-27 |
ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Keith A. Vogt |
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5
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2023-11-27 |
ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Yanling Jiang |
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6
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2023-11-27 |
ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Yi Bu |
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7
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2023-11-27 |
ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Adam Grodman |
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8
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2023-11-27 |
ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Cameron Eugene Mcintyre |
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[+]
9
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2023-11-27 |
ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Monica Rita Martin |
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CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category Two). |
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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. |
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10
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2023-11-27 |
MOTION by Plaintiff Toho Co., Ltd. for leave to file under seal |
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11
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2023-11-27 |
MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages |
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12
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2023-11-27 |
MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mek,) |
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14
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2023-11-27 |
MEMORANDUM in support of [13] Exparte motion |
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Declaration of Keith A. Vogt |
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Exhibit 1-4, of Keith A. Vogt's declaration |
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Declaration of Koji Ueda |
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Exhibit 1, of Koji Ueda's declaration |
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15
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2023-11-27 |
SEALED EXHIBIT by Plaintiff Toho Co., Ltd. Sealed Exhibit 2, Declaration of Koji Ueda regarding memorandum in support of motion, [14] |
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18
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2023-11-29 |
SURETY BOND in the amount of $ 10,000 posted by Toho Co., Ltd. (Document not imaged) |
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19
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2023-12-01 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA |
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20
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2023-12-01 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
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21
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2023-12-04 |
MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction |
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22
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2023-12-04 |
MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction[21] |
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Declaration of Keith A. Vogt |
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Exhibit 1, of Keith A. Vogt's declaration |
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23
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2023-12-04 |
SUMMONS Returned Executed by Toho Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/4/2023, answer due 12/25/2023. |
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Declaration of Service |
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24
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2023-12-04 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [21] 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 December 7, 2023." 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. |
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25
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2023-12-04 |
CERTIFICATE of Service by Plaintiff Toho Co., Ltd. regarding order on motion for preliminary injunction, text entry, [24] |
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26
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2023-12-08 |
MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's motion for a preliminary injunction [21] 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 [25] 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 Jiangip Llc, 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. |
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27
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2023-12-08 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 12/8/2023. Mailed notice. |
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NEW PARTIES: 2017friendship store, baiyang55094, bikebi, bincloth, BJSDHI, Brelan Lanham, caeac, cai xin mr, Carol Fabrics Inc, ChenfangsujYv, chenmeiying123, Christina Gibeau, Citigroup, Inc., cjdhfnv, cjhfgucyt, CoreyHerbertlSfKgS, ctcvxke, dfdfh85, Diane Anderson, dinanjiankan, Dnueaxiry, duguizhi, ElvaFredasQdX, Envy Iteri, exness, Eodkskdkskfndskjtsojfi65, Farmasanjuda, fdxd, goodflaghats, Greg Shull, h88j58, h8hh8, hifel9heh, hongshanqin16, Hummingbird Industries, Hunger Bibs, huoyimian4112, IvonneMercado, JanetLorrainexZnKoC and Jasolynneture added to case caption. |
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NEW PARTIES: jeffxue, Jennayy, Jindian pencerkou miland bear, jkkfgirl, jiushuangshunshang, Jonathan Laucella, juancgty, JulianEvelynzMcV, junlumeishipu, jyu4j4, K-Mild, k88j58, Katheran, KEXIN, keyi998, Kidds candy, KingLisanFgQs, kkk58841k285, koshoughext, leeyyshop, Lehuo filen duolan, LHQ Store, LiangdangfuiD, lilinrong8087, linchiabna, lindong1973, liqiuhong123, LMJShoping, love cosplayer, lvbo668, Markecap, marketfaves, mayunpengshop, mcshoofegcitg, menggho, menghuan841002@163.com, Menq, MerlinBillzSqG, MESI Hair, Miami Dade Aviation, Michaelbaety, mooncake119, nanrui2020, newjinhong, Newsmart Technology Limited, nicegiftss, noteefit, orangebinjiang and Orangekaihua added to case caption. |
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NEW PARTIES: Orangekaihua, osiekfioue, ouguorongshop, ouyang0325, ouyongfeng8899, pdfotkoguj, PFY Store, Phillipfeiendly, podlrog, Purocomerciovnz, QIANLUJUND, RachelChristianrApQ, Red Decoration, remancer, rerishrobev, Resource Trading, Sam.007, Sandra Carrollp, secone, shengjiafenghui, shimeimei3227, siwjsoq, sncp89k, snotheah, soiefjkier, soiejfue, specialisati, stus502shop, Superherom, SxCN, sye0514, szdbshh, tacomiblered, tangdingyan9002, tatashstxgc and Televisortop added to case caption. |
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NEW PARTIES: Tenet Clean, Thamara Lopez, theighthqra, Thenewfamilyappliancestore, thesheysqhfd, Tianya World, tishoosoudpaxpx, Tobys St-tore, TOMTAN, Torreshio, Toy car tank, Trancoat, Tumoe Anye Green, twinswing, UeJJ, unsqueezing, uuyhhqq, uvadbj, ValentineAlvaoVpWrI, variedadesalejandro55 c.a, vgrtgkji, vhf2, Vineyfrg, vjgkitjbh, vmgcjyu, Vonsady, vsgsxgs, vvh2, wall canvas and Wandauu added to case caption. |
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NEW PARTIES: Wandauu, Wang Hui Xing, wang hun, wangchenglonguii, wangjian198138, wangkaidan0990, wangkunfeng01975, wangqingming, wangtingtinglou, wangziqiang5148, wansupailiang, wanzhuanla, wdv2, weiwkitai, Well Network Co, wenfenghuq, wenwenerya, wfh15, wfh25, wihdty, wjim, wlj print art, wuchangli, wucuifanzhui, wuxuelong store, wuyongbaihuodian, wuzihang2546, wwbqq2019, Xiaoshuiyi and xiaoxingldo added to case caption. |
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NEW PARTIES: xiaoxingldo, xin1212, Xinxin, xjdptty, xm2020, xu da ye, xu xiao yi mr, xuchaohui5142, xuguiping, xujianqing4425, xujiung, xuyanzhen, Yalung, YANCHEN XIAOYAO HEAH, Yancheng Azer Trade Co., LTD, yangerl, YANGFangyang, yanggaofang117, yangxiaoli6905, yangxiuzhen Store and yanzipuzi added to case caption. |
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NEW PARTIES: yejinhui75, YieuSax, ying-12032962, ying-xue_man, Ying0625, yjltd, yrh90116, YuduzhangyC, yuefude, yun loving home, yuqiang668, Yuringer Bags, zaturday, zengjingang1226, zhandan4679, zhangbeiwaimaofushi, zhangdejun, zhangjifang163, zhangjingjing2363, Zhangkge1314, zhangmiaoaq, zhangwenlia, zhangxin7531, zhangxiucun, zhangyihao7jbn, zhangyomg12135, zhangzhengzheng, ZhangZongChang1238, zhao xie wen, zhaozilongjingpindian, Zhenglu6688, zhongguilin223, zhou weiting world, zhouyongkun886, zhuruyue4299, zhushimei, zmr09744116AAJ, zmxshop, Zou Chen 2019, zuohong, zuohong, zyr3355 and Zzzz123 added to case caption. |
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NEW PARTIES: sper ocho variedades added to case caption. |
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28
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2023-12-27 |
MOTION by Plaintiff Toho Co., Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A |
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29
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2023-12-27 |
MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment[28] |
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Exhibit 1 |
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Exhibit 2 |
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Declaration of Keith A. Vogt |
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30
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2023-12-28 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [28] 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 January 3, 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 |
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31
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2023-12-28 |
CERTIFICATE of Service by Plaintiff Toho Co., Ltd. regarding text entry, [30] |
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32
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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. |
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2024-01-03 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The Court requests that Plaintiff submit a proposed draft default judgment order to the Court's proposed order mailbox by or before January 4, 2024. Mailed notice. |
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34
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2024-01-03 |
NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 171 Well Network Co |
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35
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2024-01-05 |
MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 28 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 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 $75,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice. |
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2024-01-05 |
DEFAULT ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 1/5/2024. Mailed notice. |
