2022-cv-06281

COMPLAINT filed by Toho Co., Ltd.; Filing fee $ 402, receipt number AILNDC-20035303.

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 Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. 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 under seal

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

MEMORANDUM in support of [11] 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, [12]

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 (9, 10, 11), the supporting memorandum 12 and the temporary restraining order, plaintiff's motions for leave to file under seal 9, for leave to file excess pages 10, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 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 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 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 11/14/2022:

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

SURETY BOND in the amount of $ 10,000 posted by Toho Co., Ltd. (Document not imaged)

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

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to extend the Temporary Restraining Order 19 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO 17 entered on 11/14/2022 is extended until 12/12/2022.

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

MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction[21]

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 11/30/2022, answer due 12/21/2022.

Declaration of Service

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 21 under advisement and will consider the motion unopposed if no defendant appears and objects by 12/12/2022. Plaintiff shall serve all defendants with this notice.

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 21 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.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/15/2022:

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 12/15/2022:Mailed notice

NEW PARTIES: A bauhinia, A blueberry, A carambola, A carnation, A pitaya, A snow pear, A water lily, ABA ABA, Aircay, AKBshopping, All bubbles, AllenAndres, An osmanthus, Andy Blanket, Anime model collection, ANNAZOM, Annie'sStore, Ba-Fashion, Bangyuanyue, bdsgsdgds, Beauty mirror, beijingxiaopangzhikejiyouxiangongsi, BFA Shop, BIFANGUS, BLUE Rose, Brave&CM, caamaa, CANDYLILI, carmel aitry, ChengYiWenHua, CHENWUMEIZHUANG, CJYVV, COGOLINK TECHNOLOGY LIMITED, CONNZIP, dafudaguimaoyishanghang, DanKun, Daru Better, dayday--up, dfafasfasf, dgsadgaw, Di Long, DMAZOZOUS, dongguanshiliangchaotiyuyongpinyouxiangongsi, DorFu Store, ECOHome, Eqiaoqukeq, Esther306 Store, ETGBHJF, FABULOUL, fdsyry, FeiGong, Fengjin Network Technology Co., Ltd., FFYUna, FIDEFUTURE, FlyFlyFlysky, FOLPPLY, FZXZL, GD-Clothes, GD-SportBX and gg9527 added to case caption.

NEW PARTIES: gjdd6, GoldShine, gonsewyoustoree, Go-peaks, Grally, Guangzhou Wanjia Medical Equipment Co., Ltd., guizhouyige, guozhongbaihuodian, Gutuomy, hangasd, hangzhougaiwandianzishangwu Co Ltd, hangzhoushuxiamaoyi Co Ltd, Hanhuihui, HappyTiger, henanlongdechuanrenshangmaoyouxiangongsi, henanmiaomiaoshangmaoyouxiangongsi, hezeyizhongqichexiaoshouyouxiangongsi, HJSMSSCS, hongrunbaihuo, HuiHao520, HULI HOME TEXTILE, huoyumumu, HUUKIXYOUU, Huyen1234, Infinite Longhai E-commerce Center, Jiayue Building Materials Sales Department, Boluo County, JINFENGFANGFANG, jiujiangyingcangch andian zishangw uyouxiangongsi, KAILIFAN, kobefanss, KRWHTS, Le Guo, lejiafubh, LGLZJ, lianfei1990, lijiahaowonds2615, LinXianFuYuanRiZaDian, lisis store, liuliubaihuoshanghang, LiuZhouShiJiaXiangYunShuYouXianGongSi, Mary J Chen, Mary V Pace, Mason-America, MERRYSMAS, Miadis, Michelleshan, Mieez, minge-qin, mingri and Minmrobp added to case caption.

NEW PARTIES: mmodityw, momentDAY, MUHAMMAD AFZAL STORE, Mzshubao, NanPshop, Nanston, nchaoehai, neimenggupengzhanwangluokejiyouxianzerengongsi2902, NENGUS, ngxiansihaijiulou, Ningxia Kaier Network Technology Co., Ltd., No. 1 Home Furnishing StoreUS, Noetoy, NPCLIFE, OctavioEvans, OOKVIVI, Oumi, Palettte, Passion XU, PeaceOOlove, peeledsilent, Pelctfcr, Pibaozhejiangdaheng, Pieceng, POHOKK, PTYSH, QiangLiLaiGongSi, qiao ting, qingdaojinxuanmingtongqichexiaoshouyouxiangongsi, QINHU, QYB-Shops, RVFOVIV, Saharasa, SAMBRIC 6, sdgewsha, Secret art, SENDELLY, SERMUAR, shandonglieyingjiaoyukejiyouxiangongsi, Shanghai Shengxinchen, shaowushizhongnuozhuangshizhuangxiugongchengyouxia, SHEGNSI, shenyu fashion shop, Shenzhen Hanyifang Clothing, Shenzhen Runjun Trading Co., Ltd., shenzhenshixingboerkejiyouxiangongsi, Shimigy, skrskr66, StaRiver Life, stuffed, Susoonfo, Taimbarts, tainingxianshanchengzhenyinyoulanbaihuodian, taiyuanshiyingzequyangboshuiguodian, Teresa D Gonzalez, tguhjtujytghj, Tharv, TianJinLvHeYuanShangMaoYouXianGongSi, tianlinchayedian, tianshiabctech, Tiean, TOMOMUS, Tony Dillion, Touhou Store and TPingpo added to case caption.

NEW PARTIES: Trusmalols, TSTTL, TTC666 Shop, ttfg54d5g, UJFOFFEW, vcufflinks, VissenRoss, wan chi jian zhu, wanghongqiangdianpu, wangqisenlo, wangyujingdianpu, WDHfSZL, wenzhoushihuakexingzidonghuashebeiyouxiangongsi, WFLNA, Whimsicald, WhislerAA, White shaddock, WMING, WMLStore, Wonderful Accessories, WOsigns, WT Iaas, wushaohui, wuxin123321, xghdnpy, xianshibei1, Xiaohua business, xiaowei sm, XIAOYU BOOTH, xiayixianaikeermuyingshenghuoguan, xiemeijuanzhuangshipinshanghang, Xing Tonghao, xinyushihaoshangdianzishangwvxltpl, XIYU Trading, Xuefei children's toys, Xujiqin, xuzhiyongyouyoudian, YangQuanJingJiJiShuKaiFaQuXuanYiShangMaoZhongXin, yangxumengshangmao, yinyinxiangyi, yi's shop, YMDkkk, yongdingmaoyishanghang, YongHongxiaomaibu and Youhaohong added to case caption.

NEW PARTIES: youlaiyouwangbianlidian, youshanqi, YU-BINK, Yuda E-commerce, Yuelan Shop, yulan shop, zekunjingxiaobu, zenmgxuejiang1424, zhengwei125, zhengzhousongcushangmaoyouxiangongsi, Zhoujh, ZHUIXU-KIISHOP and Zhuzhu store added to case caption.

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 91 KRWHTS and defendant no. 8 ABA ABA

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[29]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 29 must enter an appearance and file a written objection by 1/4/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this 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.

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [33], which seeks to voluntarily dismiss defendants HappyTiger, FeiGong, WFLNA, and vcufflinks 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 as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants HappyTiger, FeiGong, WFLNA, and vcufflinks 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 1/9/2023 identifying the remaining defendants.

First Amended Schedule A by Toho Co., Ltd.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 29. The motion 29 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 $250,000 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 Keith Vogt, Ltd. 33 West Jackson Boulevard, #2W Chicago, Illinois 60604, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 1/6/2023:Mailed notice

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 1/6/2023: Mailed notice

MAILED out the ten thousand dollars ($10,000) surety bond posted by Plaintiff to Keith Vogt Ltd. via Certified Mail Receipt Article Number: 7021 1970 0001 3330 0397.

SATISFACTION of Judgment as to defendant no. 41 Di Long

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 222 youshanqi

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [39], which seeks to voluntarily dismiss defendant No. 222 youshanqi 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 as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant No. 222 youshanqi from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff should file the amended Schedule A on the docket by 3/23/2023.

Amended Schedule A 2 by Toho Co., Ltd.

SATISFACTION of Judgment as to defendant no. 36 Dan Kun

SATISFACTION of Judgment as to defendant no. 157 shimigy

SATISFACTION of Judgment as to defendant no. 198 wushaohui