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[+]
1
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2024-02-02 |
COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 405, receipt number AILNDC-21599347. |
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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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2024-02-02 |
SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint 1 |
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3
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2024-02-02 |
MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for leave to file under seal |
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4
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2024-02-02 |
CIVIL Cover Sheet |
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5
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2024-02-02 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toyota Motor Sales, U.S.A., Inc. |
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6
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2024-02-02 |
Notice of Claims Involving Trademarks by Toyota Motor Sales, U.S.A., Inc. |
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7
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2024-02-02 |
ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin R. Gaudio |
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8
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2024-02-02 |
ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Amy Crout Ziegler |
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9
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2024-02-02 |
ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin Tyler Joseph |
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[+]
10
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2024-02-02 |
ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Trevor Christian Talhami |
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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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11
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2024-02-05 |
MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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12
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2024-02-05 |
MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for temporary restraining order[11] |
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[+]
13
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2024-02-05 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12] |
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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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14
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2024-02-05 |
DECLARATION of Teena Bohi regarding memorandum in support of motion[12] |
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Exhibit 1 |
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Exhibit 2 |
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15
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2024-02-05 |
SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Exhibit 3 - Parts 1-5 regarding declaration[14] |
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16
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2024-02-05 |
MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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17
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2024-02-05 |
MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief[16] |
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18
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2024-02-05 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17] |
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Exhibit 1 |
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Exhibit 2 |
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19
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2024-02-06 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. |
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20
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2024-02-06 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
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21
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2024-02-20 |
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions [3], [11], [16] filed by plaintiff Toyota Motor Sales, U.S.A., Inc., the supporting memoranda [12], [17], and the temporary restraining order, plaintiff's motions for leave to file certain documents under seal [3], for electronic service of process [16], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [11] are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and the offering of products for sale into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, 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 revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. |
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22
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2024-02-20 |
TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/20/2024: |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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23
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2024-02-22 |
SURETY BOND in the amount of $ 10,000 posted by Toyota Motor Sales, U.S.A., Inc. (Document not Imaged) |
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24
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2024-02-29 |
MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for preliminary injunction as to certain Defendants |
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(Exhibit A) |
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25
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2024-02-29 |
MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for preliminary injunction 24 |
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Declaration of Justin T. Joseph |
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(Exhibit 1) |
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26
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2024-02-29 |
SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/29/2024, answer due 3/21/2024. |
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Declaration of Trevor C. Talhami |
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(Exhibit A) |
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27
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2024-03-04 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction [24]. The court has taken the motion for preliminary injunction [24] under advisement and will consider the motion unopposed if no defendant appears and objects by 3/11/2024. Plaintiff shall serve defendants with this notice. |
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28
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2024-03-07 |
MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for Leave to Amend Schedule A to the Complaint Instanter |
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29
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2024-03-07 |
SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Amended Schedule A regarding exhibit[2] |
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30
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2024-03-08 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 28 is granted. Defendants No. 64 mexcol, No. 65 mingxuemotors, No. 66 nexter10, No. 69 rearster-motors, No. 70 rester-motors, No. 72 school06, No. 75 syujs07, No. 77 thingsgood, No. 82 westin-motors, and No. 85 yeah09 are dismissed. Plaintiff has already filed the amended Schedule A on the docket 29. |
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31
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2024-03-13 |
MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 24. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction 24 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the complaint 2 to the court's docket within five business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Mailed notice. |
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32
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2024-03-13 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 3/13/2024. Mailed notice. |
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NEW PARTIES: Dongguan Boheng Gifts Co., Ltd., Dongguan City Taiyao Hardware Products Co., Ltd., Guangzhou HT Auto Parts Co., Ltd., Guangzhou Kaiku Trading Co., Ltd., Xiamen Shengbaijia Industry And Trade Co., Ltd., Yiwu Chiwang Technology Co., Ltd., A022, A031, A1KO6RZ91B91P0, A20416Z4T530DJ, A26CD7790SZKYP, aikedamaoyish, B.ZHANGWEI13, beijinghengmeipengdayunshuyouxiangongsi, Blue Motor Home, bowuqgg, CAEAD, Car Dream Home, CDJKaiYWHChMYXGgS, Dahui Network Media, daliyayadianzishangwu, Dream Xinfc, FengTianayuto, GFFTEO, Glory 518, GNJDOEL, Good item collection cabinet, Good property house flagship store, GuanShanTang, guchengxianhaitaichenshangmaoyouxiangongsi, guchengxianyuewenbanshangmaoyouxiangongsi, GUILIANGBAIHUO, guiyangrongyibaozhuangyouxiangongsi, gwxsmyxgs, Hapyness, hebeiyijingjianbinshangmaoyouxiangongsia, hongshunshop, HsppoYnOK, huachedianadian, jianankuajingdianpu, jianxinShop, JSK-SJ, Kun Ming Ming Liang Shang Mao You Xian Gong Si, KunHangDianZiShangWuYouXianGongSi, kunmingjianzhewangluokejiyouxiangongsiouwen, kunmingnaoyoushangmaoyouxianzerengongsizhaoshilin, kunmingqingquanguojishangmaoyouxiangongsi, LedInfinity, canada_gooses_jacket, dafu03, fang1232, gallery_deptt, heng03, lyq669, mu02, sdwe88, t_shop008, tales01, youth03, liusha7999, liwentingl, luckyfox888, mengqi07, ppartsgarden, pro-auto-parts_5, sawyerdealss, speed-autoo, superpartss, tecool-auto, totohan, trex-auto, ulusky-usa, uyoweputwtwe, worldwidejewe0, xuey2002, zj2068, zq22009 and Eastjing added to case caption. |
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33
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2024-03-21 |
MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc.for Leave to Amend Schedule A to the Complaint Instanter |
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34
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2024-03-21 |
AMENDED exhibit[2] Amended Schedule A |
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35
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2024-03-22 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 33 is granted. Defendant No. 48 LedInfinity is dismissed. Plaintiff has already filed the amended Schedule A on the docket 34. |
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36
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2024-03-29 |
SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/29/2024, answer due 4/19/2024. |
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Declaration of Justin T. Joseph |
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Exhibit A |
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37
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2024-04-01 |
ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Jennifer Van Nacht |
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38
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2024-04-22 |
MINUTE entry before the Honorable Martha M. Pacold: By 5/3/2024, plaintiff should file a status report addressing how plaintiff seeks to proceed in this case. |
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39
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2024-04-23 |
MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc.for Leave to Amend Schedule A to the Complaint Instanter |
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40
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2024-04-23 |
AMENDED exhibit[2] Amended Schedule A |
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41
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2024-04-23 |
MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for entry of default, MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for default judgment as to all Defendants |
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Exhibit A |
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42
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2024-04-23 |
MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for entry of default, motion for default judgment[41] |
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Exhibit 1 |
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43
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2024-04-23 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[42] |
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Exhibit 1 |
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44
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2024-04-25 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, 39 is granted. Defendant No. 4 Guangzhou Kaiku Trading Co., Ltd. is dismissed. Plaintiff has already filed the amended Schedule A on the docket, 40. |
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45
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2024-04-25 |
MINUTE entry before the Honorable Martha M. Pacold: The court will take plaintiff's motion for entry of default and default judgment, 41, under advisement and will consider it unopposed if defendants do not appear and object by 5/3/2024. Plaintiff shall promptly serve defendants with this notice. |
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46
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2024-04-25 |
CERTIFICATE of Service by Plaintiff Toyota Motor Sales, U.S.A., Inc. regarding set motion and R&R deadlines/hearings, 45 |
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(Exhibit A) |
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47
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2024-05-03 |
STATUS Report pursuant to 38 by Toyota Motor Sales, U.S.A., Inc. |
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(Exhibit A) |
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48
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2024-05-06 |
ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 41. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Greer, Burns & Crain, Ltd., 300 S. Wacker Dr. Suite 2500, Chicago, IL 60606, via certified mail. Enter Default Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on May 6, 2024. Mailed notice |
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49
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2024-05-06 |
DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 5/6/2024. Mailed notice |
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***Civil Case Terminated. |
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50
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2024-05-23 |
FULL SATISFACTION of Judgment regarding order 49 in the amount of $500,000 as to certain defendants |
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51
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2024-12-19 |
FULL SATISFACTION of Judgment regarding order[49] in the amount of $500,000 as to certain defendant |
