2022-cv-06258

COMPLAINT filed by Toho Co., Ltd.; Filing fee $ 402, receipt number AILNDC-20030767.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Schedule A to Complaint [1]

CIVIL Cover Sheet

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

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

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

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

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

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment.

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 [Certain] Documents Under Seal

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

MEMORANDUM In Support of [11] Ex Parte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, Declaration of Keith Vogt

Declaration of Koji Ueda

Exhibit 1, Declaration of Koji Ueda

SEALED EXHIBIT by Plaintiff Toho Co., Ltd. Sealed Exhibit 2, Declaration of Koji Ueda regarding memorandum in support of motion[12]

MAILED Trademark report to Patent Trademark Office, Alexandria VA

(List of Trademarks, Exhibit 1)

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

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO [11] is granted. Plaintiff's motions for leave to file under seal [9] and to exceed page limitation [10] are granted. Enter temporary restraining order. Mailed notice

SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 11/10/2022. Mailed notice

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

SURETY BOND in the amount of $ 15,000.00 posted by Toho Co., Ltd. (Document not scanned)

MOTION by Plaintiff Toho Co., Ltd. for extension of time for Temporary Restraining Order

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 19 is granted. Enter order. Mailed notice

EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 11/22/2022. Mailed notice

MOTION by Plaintiff Toho Co., Ltd. for extension of time for Temporary Restraining Order

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to extend the temporary restraining order 22 is denied. The original 14-day TRO has previously been extended by 14-days 21, and in accordance with Fed. R. Civ. P. 65(b)(2), "28 days is the outer limit for a TRO without the consent of the enjoined part[ies]." H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012). Any further extension of a TRO without consent of the enjoined parties is technically a preliminary injunction, id. at 845; and the plaintiff's motion to extend does not indicate the notice requirement for entry of a preliminary injunction has been met, see Fed. R. Civ. P. 65(a)(1). Mailed notice

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 12/29/2022: Mailed notice.

MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff is directed to file a status report regarding this matter on or before 01/10/2023. Mailed notice

SUMMONS Returned Executed by Toho Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/9/2023, answer due 1/30/2023.

Declaration of Service

Exhibit 1, Declaration of Service

STATUS Report Pursuant to 25 by Toho Co., Ltd.

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

Exhibit 1

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment[28]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 28 is taken under advisement. Any objections or responses are due by 02/10/2023. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff is directed to submit a proposed default judgment order, in Word format, to the Court's proposed order inbox (Proposed_Order_Tharp@ilnd.uscourts.gov). Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 28 is granted. Enter default judgment order. Civil case terminated. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 2/14/2023. Mailed notice