2022-cv-04498

COMPLAINT filed by Toho Co., Ltd. ; Filing fee $ 402, receipt number AILNDC-19772686.

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

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

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.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

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 13 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, 14

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

(Exhibit 2-6)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 11, motion for leave to file excess pages 12, and ex parte motion for a temporary restraining order and other relief 13 are granted in part. Plaintiff's submissions (including the Declaration of Koji Ueda (see Dkt. 13 14)) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2, 13, and 15. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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 reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 10/17/2022.

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

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

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

MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction[19]

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 10/25/2022, answer due 11/15/2022.

Declaration of Service

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 19 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must immediately serve all 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 on or before 11/2/2022." Plaintiff must file proof of service of the Court's statement within two business days. Mailed notice

CERTIFICATE of Service by Plaintiff Toho Co., Ltd. regarding order on motion for preliminary injunction, terminate deadlines and hearings, set motion and R&R deadlines/hearings, 22

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 24

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [19] is granted. Plaintiff's filings establish that Plaintiff 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 [21] [23] 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, despite the Court having provided [22] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice

PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 11/21/2022. Mailed notice

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [24] 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 11/28/2022. 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 two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice

CERTIFICATE of Service by Plaintiff Toho Co., Ltd. regarding terminate deadlines and hearings, set motion and R&R deadlines/hearings, [28]

NEW PARTIES: Ah2478342, Alisha Attaway, Andykoo, ArmstrongAuroradGtBu, Bangchangdeng, bazawp, Betty C Holder, Boyuosty carton, chaijinzahuodian, chenchunhui9424, chengqin63092, chengxinti, chenhualin168168, chenping Store me, chenqihao4847, chenqing4112, chenyajie79260, chenyinhai1234, chuwentao158, Comercrytpiyu jdl, Courtney Smith, dailibo3767, daiwenkang85794, Dengxiaojie2822, dingwenbo01429, douhanping4496, douyuchen45766, duxin18505, duyu022314, EricBairdwPvB, f5398SXC, fabiolam, fancuenxiang, fanfuhua9056, fangxiangdong21782, fanyadong8625, fuyejiu68781, Galaxy Man Man, Gan Nuan Can, gaoliyan7758521, gaorenqiang31843, gaoyanli5143, gewenxi15035, gg5rt85, glypzaurmd, gttddee, guolingqi, guormr, guoxi112233 and Haclaorary008 added to case caption.

NEW PARTIES: Ah2478342, Alisha Attaway, Andykoo, ArmstrongAuroradGtBu, Bangchangdeng, bazawp, Betty C Holder, Boyuosty carton, chaijinzahuodian, chenchunhui9424, chengqin63092, chengxinti, chenhualin168168, chenping Store me, chenqihao4847, chenqing4112, chenyajie79260, chenyinhai1234, chuwentao158, Comercrytpiyu jdl, Courtney Smith, dailibo3767, daiwenkang85794, Dengxiaojie2822, dingwenbo01429, douhanping4496, douyuchen45766, duxin18505, duyu022314, EricBairdwPvB, f5398SXC, fabiolam, fancuenxiang, fanfuhua9056, fangxiangdong21782, fanyadong8625, fuyejiu68781, Galaxy Man Man, Gan Nuan Can, gaoliyan7758521, gaorenqiang31843, gaoyanli5143, gewenxi15035, gg5rt85, glypzaurmd, gttddee, guolingqi, guormr, guoxi112233 and Haclaorary008 added to case caption.

NEW PARTIES: hanfangfang Store, Hannghghjg, Hasga, hdkdqhdakdjdd, healthymind, Heatherg9v90sDvn, Helaiopack009, helin1993, heyinzhen, hh858j58, honghaifei34247, HTJYU, httqkwhjeasnd, huanghaoyang29576, huangjiahui95691, huangkun62158, huanglihua Store, huangpeng23, huangqingge123, huangrunmei6608, huangshan3160, huangtao8765, huangxueying7890, huangyong93688, huangyukun0705, Huangza1990, huangzhiwen1194, HughGriseldadByPq, huguangfei, HUIJUAN_LIU520, hujinfu, Hulichengshop, hulls, hunhexingd, huoliaoz, Huphoon, huqiyaos, Hurdy souang koknsang, Hurricanechat, HuWorld19, huxinlai46454, Hvocan, hwe2, hybridization, HZCZMSZX, I was William, ian4117, ikujhytgr, Impulsively and Industria CRV added to case caption.

NEW PARTIES: Inside a story, inversiones esencial, ioklu, isuerouoei, ives05yj23qon, Jack Seibert, jackcyz, Jacqueline D Moore, Jallis, JamesAnseltYsLr, JamiePrimarHcG, Janjanpon, jarronverde, JasonHaroldvLmHgT, Jayoyo, jdiajdsoidplaode, jdkahsdiohao, Jeffreyplay, Jessica Hinton, JesusShoping, jf782yeui3, JHAN HANG, jhwbasiudbzux, jianghuajiang2584, jiangweibo19086, jiangyuxi43256, Jiantangshi4852, jiaoJJkang, jiaoyunshuo70859, jiayue34, jibaqingle, jiejin Store, Jillcx, jincaizeng61235, jinshiyuanjiuye, jinxiao35879, jinying464584, jirao87673, jiruonan82582 and jixiaowei added to case caption.

NEW PARTIES: Jobley, jodsaf, Jodyspend, johnn yofchou, JoNancyrJvZn, jose15, Joseph Jones123, Joshua Hunt, Joy Chung, jungege123, KanchenaouL, kdze7025, Ke Jia Feng, Kelly Shatzer, KemouxianzhandDy, kongfanli48618, kongziyu9732, konigteres, Kowansen ximila luluer, LaDonnike Morgan, ladpoaw, laomengxiuxian, laowangnanzhuang, Larry Ericson, Laurapp, Laurayya, Laurenlaird, lbb19810923, Leatean, Lecheycafecito, leizhou5875, Lenkoss, Lennard Roberts, LennonUrsulafCpVn, levm, LewisTee, lexiaohu48186, lhdowqopejonz, lhyakjdshiausz, lhycc3, liangmingli95, liangshimin30935, liangyunlong37536, lianshiwei66058, liaolei fashion, Liaoyuanting1005, lichangfen Store, lichuang39796, lichunfeng 69 and lichunyao0830 added to case caption.

NEW PARTIES: lichuyang3087, licuicui15078, lidanyang363664, LifestyleAndSupplies, liguangyun21375, liguiyan77555, lihao0475, lihui2759, lihui3297, lijia0816, lijia78866, lijiahui5233, lijiaqi73327, lijiaqian83520, Lijiaye12332, lijingfen9387, lijunjun19326, lijunyang42041, likehao48554, Adenwalla Store, Bayyon Ledsign, canlanhuihuang, Easy Life Shawn Shop, FlaneurStore, GuoYue store, KLineStore, lishaojieus, LiuChunYu-shop, luoyangjueyunshangmaoyouxiangongsi, mjdd LY, Osmei, ruzhoushiqingshushangmao, sdighblisd, SmellyMolly, TracyFelix and XUGUANGMINGGONGSI added to case caption.

ORDER signed by the Honorable John F. Kness on 11/29/2022. Plaintiff's motion for entry of default judgment [24] is granted. Enter Final Judgment Order. The ten-thousand-dollar ($10,000) surety bond posted by Toho Co., Ltd. is hereby released to Keith A. Vogt of Keith Vogt, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Keith A. Vogt of Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W Chicago, Illinois 60604 via certified mail. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 11/29/2022. Mailed notice Document Modified on 12/7/2022.

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Keith A. Vogt of Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W Chicago, Illinois 60604 via certified mail #7021 1970 0001 3330 2322.

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 227 and defendant no. 214 FlaneurStore