2022-cv-03227

COMPLAINT filed by Toho Co., Ltd; Filing fee $ 402, receipt number AILNDC-19580658.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Toho Co., Ltd Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Toho Co., Ltd by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Toho Co., Ltd by Yanling Jiang

ATTORNEY Appearance for Plaintiff Toho Co., Ltd by Yi Bu

ATTORNEY Appearance for Plaintiff Toho Co., Ltd by Adam Grodman

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.

MOTION by Plaintiff Toho Co., Ltd. for leave to file under seal

MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages

MEMORANDUM in Support of [10] Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of Koji Ueda

Exhibit 1, of Koji Ueda's declaration

SEALED EXHIBIT by Plaintiff Toho Co., Ltd. Sealed Exhibit 2, Declaration of Koji Ueda regarding memorandum in support of motion, [11]

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toho Co., Ltd.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file excess pages [9] and for leave to file under seal [8] are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery [10] is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this p)oceeding 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 sales 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 timely 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.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 6/24/2022:

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"

ATTORNEY Appearance for Defendant tai-gu by Jiyuan Zhang

SURETY BOND in the amount of $10,000.00 posted by Toho Co., Ltd. (Document not scanned).

MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction

MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction[20]

Declaration of Keith A. Vogt

Exhibit 1, Declaration of Keith Vogt

SUMMONS Returned Executed by Toho Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 7/5/2022, answer due 7/26/2022.

Declaration of Service

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction [20] under advisement and will consider the motion unopposed if no defendant appears and objects by 7/21/2022.

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

AMENDED sealed document[2], complaint[1] Amended Schedule A [2] to Complaint [1]

MOTION by Plaintiff Toho Co., Ltd. for default judgment as to The Defendants Identified In The First Amended Schedule A

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment[27]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notices of dismissal [24] and [25], which seek to voluntarily dismiss defendants No. 134, 65, 193, 51, 204, 128, 167, 33, 42, 82, under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal [24] and [25] as requests for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants No. 134, 65, 193, 51, 204, 128, 167, 33, 42, 82 from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 7/29/2022 identifying the remaining defendants. Additionally, for the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [20] 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 court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 7/28/2022:

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. Plaintiff's motion for default and default judgment [27] is taken under advisement. Any defendant wishing to appear and object to the motion must do so and file an appearance on the docket by 8/25/2022.

ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 7/28/2022. Mailed notice.

NEW PARTIES: 8730815, 2019_2020, 2sky_store, 7-now, akpra21, alex_genuine, amgate88, amshop-6, anha_781084, ap2020us, asanka96, beautnetic, best.seller0, best_choice_store98, best_hot_dealss, best_mart3, best--dealss, biliesha, buying_time5, chamath_1996, chen_165315, classic-store1, daily_wish_20, dilishhapangam_0, directmart_store21, dulasanj-0, elsa_seb, eranganeel, fancygrant, future_toys-0, gayashandeals, hhjc-1, hotbox2009, isjay-99, island_cey, jianchu-15, kusaaluv-0, lakpl_4310, lamah7453, lim_728364, madhsu-0, madushan.pavithra, mks_marketing, nusam_75, one2one_97, parakramrusith_0, pererastores-900, perfect_choice_mart, priypatab_0, proceylon_market, qisheng6683, rachelqualityproducts, rangiri_store, ran-smart-store, sashika_stores-0, shez_17, sinhagiri-suppliers, smart_shopping_store_12, somr-tawe and sshosh_4 added to case caption.

NEW PARTIES: JJNZZADY, Julia J Owens, juntaowanju, JYX Electronics US, JZGG, KASIOEM JSEIBAS, KIDSTOYS, KUliYsl-eX, kunda-trad, KXSIHVA, LANEQU, LEIBAOSHANGMAO, LEYGREN, lhdesign, Lingzhenyu, linlin-Home, LISTENERS, Little dolphin Commodity, LIWEISHI HOT SALE SHOP, Lucoo, lvliangshilishiqucaoyanhongbianlidian, Lyikea, Marvel Lady, meet varitystore, MIENIRUI, MILAISHIJI, MingWen, minjax, MonteCarloCoCo, moyemaoyiyunnanyouxiangongsi, Premium department store, QDASZZ, QHZYC, Qi Caoye, ShireBrighterr, SHIYUHUDONG, SSTY-US, TJKSDFVV, TuoPuShangMao, Vellys, WAFXSBQI, xianyouxianlichengxiumeijiaqinroudian, xiaonibaihuo, XinHaoFigure, Yamix, YangYangRiYongBaiHuo, Yarloo, ZHANGYUELAN and zhongxunyalin added to case caption.

NEW PARTIES: suting' added to case caption.

NEW PARTIES: ' added to case caption.

NEW PARTIES: '' added to case caption.

NOTICE of Voluntary Dismissal by All Plaintiffs

AMENDED sealed document 2 Amended Schedule A 2 to Complaint 1

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 33, which seeks to voluntarily dismiss certain defendants under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal 33 as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants Kesmister, Yamix, Altair-US, Hualedi, AIJIE, dongzus, HanRose, MonteCarloCoCo, and Earthcare from the Schedule A form, see Taylor, 787 F.3d at 857-58. The court grants plaintiff leave to amend the pleadings. The amended Schedule A has already been filed on the docket. 34.

ORDER: In the court's 7/28/2022 minute entry 31, it gave all defendants until 8/25/2022 to object to plaintiff's motion for entry of default and default judgment 31. The court grants plaintiff's motion 27 for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. 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 as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its mark causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, Unit #2W, Chicago, IL 60604, via certified mail. Enter Default Judgment Order. Civil case terminated Signed by the Honorable Martha M. Pacold on 9/2/2022: Mailed notice (gw,)

DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 9/2/2022: Mailed notice (gw,)

EMAILED order 36 dated 9/2/2022 to fiscal department.

EMAILED order [36] dated 9/2/2022 to fiscal department.

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

ORDER Signed by the Honorable Martha M. Pacold on 9/28/2022: Defendants Vellys, ", and Gabyz'r are dismissed.

[Amended] Schedule A 2 to Complaint 1 by Toho Co., Ltd.

SATISFACTION of Judgment

SATISFACTION of Judgment as to defendaant no. 183 Marvel Lady