2023-cv-15527

COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21283966.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Robert Payton Mcmurray

MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Sealed Schedule A

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

CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Toho Co., Ltd. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Toho Co., Ltd. in support of motion for temporary restraining order, 10

Declaration Ueda Declaration

Exhibit 1

Exhibit 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 1 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 2 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 3 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 4 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 5 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 6 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 7 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 8 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 9 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 10 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 11 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 12 of Ueda Declaration

Notice of Claims Involving Trademarks by Toho Co., Ltd.

CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John Robert Blakey for all further proceedings. Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 11/3/2023.

NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 10 before Honorable John Robert Blakey on 11/15/2023 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal 6 and motion for leave to file excess pages 9 and strikes the 11/15/23 Notice of Motion date as to all motions. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 10. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 11/27/23. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 11/14/2023. Mailed notice

MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 29 before Honorable John Robert Blakey on 11/29/2023 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 29 to extend the temporary restraining order entered 11/14/23 28. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 12/11/23. The 11/29/23 Notice of Motion date is stricken. Mailed notice

CIVIL BOND in the amount of $ 10,000 posted by Toho Co., Ltd. (DOCUMENT NOT SCANNED).

MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction[33]

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[33]

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction[33] before Honorable John Robert Blakey on 12/13/2023 at 11:00 AM.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (Text entry; no document attached.)

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 12/13/2023. No defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction 33. Accordingly, and based upon the same findings made in this Court's TRO 28, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 33. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter and directs Plaintiff's counsel to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Status hearing set for 1/30/2024 at 11:00 a.m. in Courtroom 1203. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 12/13/2023. Mailed notice

NEW PARTIES: joawwoo0, noela-9478, tackih-2, GAuto Resolution, Ms Art, adduwaha-0, affasantos_0, aguwela_0, alg926, alil_shop, ancharana555, anwafaton, arcticmal, bioboy2001, chamilprasa-0, chrhav_0, cidu2163, debca-7410, denur4357, devinrandula, dm_express_21, ebisu_shop, emartlanka72, erham8272, fairdealz_online_store, germanluk, guo-4549, halfpenny-jp, hanifahizbulla-0, hashonepiik, holwa_us, homegarden2088, horakum-0, hvtrhoaj_men, irde-8609, irgun_34, japan-miyu-0518, jungle_landz, kasun12_0, kennethcolman, latki-23, luckymodel, luckystore772, m-wpm-m, massis_7303, max-4fancy, Mezzamorte, mg_animecosmdse, michaelangel_3, miranda_olivia, mohammeibrahi-343, mohemad_farshan_toy_store, near_5766, nimz21 and nuflower2009 added to case caption. (Text entry; no document attached.)

NEW PARTIES: oeauto-seller, oeparts-supplier, on_getit, online_gds_store, pascalinchiarisol0, phili.perer, poster_wallart_08, pubranas_34, pumpkinpatchstorefront, puom_c0llection, qingmufuzhuang04, reallyhede, red.store0, rongzhang8899, rs-storehouse, rsgdecor, ruchkau-50, samstore888, sangeeth_space, semar9622, snowman99999, soomuchforsoolittle.99, sr-online-store, steve88092512_7, sundan112005, svipshop, tesser-10k, thinkingtimeb, top4u1, TopCatTomPosters, tut8-9, urlinens121, us-trust, ussumin-0, wickyproducts, wild_id2015, xuyoucrystal, yakha4u, yjqge-64, zedent-0, zhayanshan, A6WZPBELIN, AKStrive, almost sgt, ARTWORK Decor, Awmerny, Baotaihong, CGSFHGDVB, changchunshichanglujiancaiyouxiangongsi, chenbi213nglin33, DongLuoKeJi, dress8, EKOHIIKI (Shipping from within the United States.), FTCC, GTIUSE-Store, GUANGZHOU DONGLEI MAOYI SHANGHANG, GuangZhouSuXianMaoYiYouXianGongSi, HJIE, hongshengbaozhuang, Kingbrtreet, Kmiiliy, laizhiqiang3232, LETMEGO, Like Yourself, LILI Picture, linyixiangyuquanshangmaoyouxiangongsi, Lizhi dress, lsxlkjyxgs, Matthzhang, Miracle reappearance, nanpingshijianyangquzhuangyunshuiwujindian, Nengyun Trading, ningbogaoxinqumeixumushamianguan, Ou lingwang, Protecg and qinhanxinchengrenjiebaihuoshang added to case caption. (Text entry; no document attached.)

NEW PARTIES: Rand Shton, reateaus989, Recur Toys, renbeibeidfwr2, rose flowers, RSGEOIJOW, ruzo, Senge Alepeg, SHENGYIHAO, shenzhenshixinhonglanmaoyiyouxiangongsi, shidai1212, SHOP UA Goncharenko, shubaocs US, shuifupianjiangshangmaoyouxiangongsi, Shuzhu Firm, SHWB, SHWBM, siliconestore2021, SKGQZD, skymey, Smart Home Accessories, SofiClock, Sonph24, Soulalized Gifts, Spanker Space, sqhdkj, StoreWeidon, sugar-sweety, Super Sale008, Superbrass101, Supertianfu, SXCSLY, T & T STORE, Tansea, TEATIMEGJF, Tengss, TES5 Studio, The sunrise, Ti Yu SE industry and trade, Time2LightUp, Tongshan Jiangzhao Trading Co., Ltd, tongshanxianyangfeibaihuodian, TruebenefitRECORD, Tryhardrefuel, TwoCC, UDirjwISHW, Unierycityu, Vinsmarket, VJTee, Vzalocs, wakhkhs, wang tian yu, wangcaishangmao, WANGWANGyu, WangYuanYuan, Warmht, WdngndT, Wheat Field, WJstyle, WM KAWA, wojierihua, woxiangshop, WTTING24, wuweibin55, WYPrefer, Xarmons LLC, xbdesigins, XFXELAA, xiamenshijimeiquchenfuyouwujindian, XianLongXianZhenYuYuanGeZhuBaoDian, xianyouxianlonghualuoshixiafuzhuangjingyingbu and xiaobenshengyi added to case caption. (Text entry; no document attached.)

NEW PARTIES: xiaogai, Xie Chuntao, Xie Junsss, xindiudianzishangwuyouxiangongsi, xiynqin, XMHLDZ, XW9ABCD, y-fgh35f2, yangjunchang, YangShi, yanliangquzanjiafanwu, YARIVI, yazhoushan, YBGXLP Store, YELPLIFE, YinHaoHaoYin, Yitong Trading, yiwushihangdiriyongpinyouxiangongsi, YODE, yongdingqusunazhibaihuodian, yongdingquxianfenjiebaihuodian, YongDingQuYueQingZhongBaiHuoDian, yuanhuiqubingyouwujinshanghang, yuankaiyuUS, YuanYuanDanGao, YUDA-MENGA, YUEAN, Yunsir, yunxishangmaogongsi, yuziping, zengduquqiangmabaihuodian, ZERN, zhangyan1111, zhangzhitaokhn, zhangzhixinwenyi, zhengdechaobeimeidian, zhoupan564, zhuihaishidoumenqujinganzhenhuibaishangdian, zhuolufudaobotiandianzishangwuzhongxin, ziboshihengjitaizhidianzishangwuyouxiangongs, ZRHDI, ZXCFSGBC, Dongwan Baolin E-Commerce Co., Ltd.-, Shihao Trading, Yangyang Liquor Business Department, Qilin District, Qujing City, Zhao Chengjiao Cosmetics Store in Lishui District and Yangxin County Wushan Social Economic Consulting Service Co., Ltd. added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 167

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 12/28/2023: Mailed notice.

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 194

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 45, Defendant WTTING24 is dismissed with prejudice. Mailed notice

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 156, 218

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filings of the notice of voluntary dismissal 47 and 48, this case is dismissed with prejudice as to Defendants (156 Spanker Space), (218 YELPLIFE), (42 luckymodel), (76 snowman99999), (88 us-trust) and (98 AKStrive). Mailed notice

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Toho Co., Ltd.

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

(Exhibit Amended Schedule A)

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment, 52

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 52

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 52 before Honorable John Robert Blakey on 1/31/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Based upon the notices of voluntary dismissal 40, 41, 45, 47, 48, 50, this case is dismissed with prejudice as to the following Defendants: Tengss (No. 167); homegarden2088 (No. 32); WTTING24 (No. 194); Spanker Space (No. 156); YELPLIFE (No. 218); luckymodel (No. 42); snowman99999 (No. 76); us-trust (No. 88); AKStrive (No. 98); massis_7303 (No. 45); mg_animecosmdse (No. 48); almost sgt (No. 99); siliconestore2021 (No. 149). The Court strikes the 1/30/24 status hearing; the 1/31/24 motion hearing date stands. Mailed notice

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 9

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 57, the Court dismisses this case with prejudice as to Defendant Alg926 (No. 9). The Court denies without prejudice Plaintiff's motion for default and default judgment 52, as the motion includes at least one voluntarily dismissed Defendant. The 1/31/24 Notice of Motion date is stricken. Mailed notice

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Toho Co., Ltd.

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

(Exhibit A)

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment 60

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 60

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 60 before Honorable John Robert Blakey on 2/7/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court takes Plaintiff's motion for default and default judgment 60 under advisement, strikes the 2/7/24 Notice of Motion date, and resets the matter for hearing on 2/21/24 at 11:00 a.m. in Courtroom 1203. Mailed notice

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal Without Prejudice As to Defendant No. 64

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant No. 108

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant No. 26

MINUTE entry before the Honorable John Robert Blakey: Based upon the Notices of Voluntary Dismissal [65], [66], [67], this case is hereby dismissed without prejudice as to the following Defendants: pumpkinpatchstorefront (No. 64); EKOHIIKI (Shipping from within the United States.) (No. 108); germanluk (No. 26). Absent reinstatement by 11/14/24, the dismissal of these Defendants shall automatically convert to a dismissal with prejudice. Additionally, because these Defendants are included in Plaintiff's motion for default and default judgment [60], the Court denies the motion [60] without prejudice and strikes the 2/21/24 motion hearing. Mailed notice

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Toho Co., Ltd.

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

(Exhibit Amended Schedule A)

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment, 70

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 70

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 70 before Honorable John Robert Blakey on 2/21/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court, on its own motion, strikes the 2/21/24 Notice of Motion date and resets the hearing on Plaintiff's motion for default and default judgment for 2/28/24 at 11:00 a.m. in Courtroom 1203. Mailed notice

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by John Wilson

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant No.40

FINAL JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 2/28/2024. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 76, Defendant (40 kennethcolman) is dismissed without prejudice. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 2/28/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for default judgment [70] is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice

MAILED trademark report and certified copies of orders dated 2/28/2024 to Patent Trademark Office, Alexandria VA.

MAILED copyright report and certified copies of orders dated 2/28/2024 to Registrar, Washington DC.

SATISFACTION of Judgment

SATISFACTION of Judgment

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 37

SATISFACTION of Judgment

SATISFACTION of Judgment