2022-cv-06335

COMPLAINT filed by Toho Co., Ltd.; Filing fee $ 402, receipt number AILNDC-20041705.

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

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jk2,)

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. (jk2,)

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

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]

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 11/16/2022. Mailed notice

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

SURETY BOND in the amount of $ $230,000.00 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[17]

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 11/28/2022, answer due 12/19/2022.

Declaration of Service

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction 17 is denied without prejudice. Neither the plaintiff's motion nor its supporting documents expressly identify which defendants have received notice in accordance with the TRO and Fed. R. Civ. P. 65(a)(1). Declaring that notice has been generally provided to defendants associated with certain third-party online marketplaces, without identifying specific defendants by their names or numbers, is insufficient. Accordingly, the plaintiff is afforded leave to file a declaration of service--expressly indicating which defendants have received proper service--along with a renewed motion for preliminary injunction. Mailed notice

DECLARATION of of Service. SUPPLEMENTAL Declaration of Service, Keith A. Vogt regarding summons returned executed[19]

Exhibit 1

Exhibit 2

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

MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction[22]

Declaration of Keith A. Vogt

Exhibit 1, Declaration of Keith Vogt

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's renewed motion for entry of a preliminary injunction 22 is granted. Enter preliminary injunction order. Mailed notice

PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 12/7/2022. Mailed notice

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [26], defendants Nos. 64, 90, 107, 110, 137, and 169 are dismissed from this case.Mailed notice

MOTION by Plaintiff Toho Co., Ltd. for default judgment as to The Defendants Identified In The First Amended 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 01/03/2023. Mailed notice

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

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: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 31, defendants Nos. 9, 20, 78, 80, 83, 151, 170, 178, 187-89, and 201 are dismissed from this case. Mailed notice

MOTION for extension of time filed by Xinbo Xia representing hengyangpuxingdianzishangwuyouxiangongsi (No.219) and shenzhenshiyangbomingyuanmaoyiyouxiangongsi (No.227).

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [58], defendants Nos. 68, 167, and 208 are dismissed from this case. Mailed notice

MOTION by Plaintiff Toho Co., Ltd. to strike MOTION for extension of time to file answer[35]

Exhibit 1

Exhibit 2

Exhibit 3

ATTORNEY Appearance for Defendants HinBest, shenzhenshihailihuidianzishangwuyouxiangongsi, Kidstorehours, Lucyflower, Stamens by Adam Edward Urbanczyk

MOTION by Defendants HinBest, Kidstorehours, Lucyflower, Stamens, shenzhenshihailihuidianzishangwuyouxiangongsi for extension of time UNOPPOSED

MINUTE entry before the Honorable John J. Tharp, Jr:Defendants Nos. 222-225 and 228's unopposed motion for extension of time [39] is granted. The defendants' responsive pleading is due by 01/24/2023. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to strike Xinbo Xia's (Defs. Nos. 219 and 227's) pro se motion for extension of time [37] is denied. "A corporation is not permitted to litigate in a federal court unless it is represented by a lawyer licensed to practice in that court." United States v. Hagerman, 545 F.3d 579, 581 (7th Cir. 2008). However, "[a] sole proprietorship may litigate pro se, because it has no legal identity separate from the proprietor himself." Id. Xinbo Xia's pro se motion indicates he is an "individual seller. represent[ing] his stores." As such, the motion fairly implies that Defendants Nos. 219 and 227 are sole proprietorships. Defendants Nos. 219 and 227's motion for extension of time [35] is granted. The defendants' responsive pleading is due by 01/24/2023. If the defendants intend to file this response pro se, they are directed to include with their response a statement of affiliation affirming their business entity's legal organization and ownership affiliation. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:As to only those defendants who have not objected, the plaintiff's motion for default judgment [28] is granted. Enter default judgment order. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 1/5/2023. Mailed notice

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [44], defendants Nos. 22, 35, 58, 63, and 105 are dismissed from this case. Mailed notice

MOTION by Plaintiff Toho Co., Ltd. for default judgment as to [Unopposed] Plaintiff's Motion for Entry of Default and Default Judgment Against [Certain] Defendants Identified in Second Amended Schedule A

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment[46]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment against Defendants Nos. 219 and 227 [46] is taken under advisement. Any objections or responses are due by 02/09/2023. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment [46] is granted. Enter default judgment order. Mailed notice

DEFAULT Judgement Order Signed by the Honorable John J. Tharp, Jr on 2/13/2023. Mailed notice

SATISFACTION of Judgment as to defendant no. 183 marvelous Inspiration

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [51], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant Marvellous Inspiration. Mailed notice

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [53], defendants Nos. 172, 177, 184, and 207 are dismissed from this case.

MOTION by Defendants HinBest, Kidstorehours, Lucyflower, Stamens, shenzhenshihailihuidianzishangwuyouxiangongsi to approve consent judgment JOINT

MINUTE entry before the Honorable John J. Tharp, Jr:The parties' joint motion to approve consent judgment [55] is granted. Enter consent judgment. The civil case is terminated as to defendants Nos. 222-25 and 228. Mailed notice

CONSENT Judgment Signed by the Honorable John J. Tharp, Jr on 4/19/2023. Mailed notice

SATISFACTION of Judgment as to [Certain] defendants

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 58, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendants Nos. 10, 14, 26, and 36. Mailed notice

SATISFACTION of Judgment as to defendant no. 192 Party Store Direct

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 60, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 192. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff is directed to file a status report identifying the remaining defendants in the case and Plaintiff's expectation as to when a motion for default judgment as to the remaining defendants will be filed. Mailed notice

STATUS Report by Toho Co., Ltd.

MINUTE entry before the Honorable John J. Tharp, Jr:All defendants in this matter having either had a default or consent judgment entered against them, or dismissed, this matter is concluded. Civil Case Terminated. Mailed notice

MAILED trademark report and copy of order dated 7/14/2023 to Patent Trademark Office, Alexandria VA

SATISFACTION of Judgment as to defendant no. 202 The Sibi Store

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [121], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 202. Notices mailed.