2023-cv-16032

COMPLAINT filed by Toho Co., Ltd.; Filing fee $ 402, receipt number AILNDC-21338634.

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

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Monica Rita Martin

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2).

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 14 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, 15

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

(Exhibit 2-6)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff sent to the proposed order box track changes and clean versions of a proposed temporary restraining order that relate to another case. Plaintiff should send the correct proposed order to the proposed order box.

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.

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal 12, for leave to file excess pages 13, 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 14 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 (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 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 12/29/2023:

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mek,)

SURETY BOND in the amount of $ 10,000 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 22

Declaration of Keith A. Vogt

(Exhibit 1, of Keith A. Vogt's declaration)

SUMMONS Returned Executed by Toho Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/8/2024, answer due 1/29/2024.

(Declaration of Service)

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 22 under advisement and will consider the motion unopposed if no defendant appears and objects by 1/30/2024. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering the TRO and plaintiff's supporting memorandum 23, the TRO is further extended to and including the date on which the court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 22. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction 22 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 Exhibit 1 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/instructions.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 2/2/2024:

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 2/2/2024. Mailed notice

NEW PARTIES: AAhirsutej, chongmingdeyanzi, jinyi4436, liulanying888, liuyang48069, lucheng48002689, Luckyzhong, petriduhtahee, qiuxiaoshi, sunwenshan121, sunxing864119, sunyingshuang13574, surprise 59, suyuqi0188, sxpasldjkhasnh, synthiajoaniebui5, tangjiayi632154566, Tangshanshan0415, tanxin112233, taojun48361, taythoshphyf, Terbeily pants, terraw9m, Than Quang Minh, Than Quang Minh, TheodoreHarlanxSuBaZ and Thomas Goldberg added to case caption.

NEW PARTIES: tianfeifei0145, tianfeifei0145, tianyongyong20, Tim L Young, Timothyblune, tingting65892345, Tobeno1shop, toleighmuchh, tongjun66923, traceeschmeler, Trina Villines, TuoZhang, tuwionxb, tyiukl, Tyler lehnertz, ultluyejly, uskbtkshop, vbdgjkdgd, Veibery Baby's, Vendoudu Toys, Vincent Fruit 56, vistina, Vivianmgl, VMNVCBXCVXCVCX, wandapeng83124, wangao5023, wangbing21268, wangbing2946, wangboyang140711, wangcheng Store, wangfeng654 and wanggaidi54 added to case caption.

NEW PARTIES: AAhirsutej, chongmingdeyanzi, jinyi4436, liulanying888, liuyang48069, lucheng48002689, Luckyzhong, petriduhtahee, qiuxiaoshi, sunwenshan121, sunxing864119, sunyingshuang13574, surprise 59, suyuqi0188, sxpasldjkhasnh, synthiajoaniebui5, tangjiayi632154566, Tangshanshan0415, tanxin112233, taojun48361, taythoshphyf, Terbeily pants, terraw9m, Than Quang Minh, Than Quang Minh, TheodoreHarlanxSuBaZ and Thomas Goldberg added to case caption.

NEW PARTIES: wanghanyu9401, wanghuany, wanghui44288, wangjinli2973, wangjinsen123456, wangjinxing18, Wanglei686868, wanglei7775, wangqiang9683, wangqihang Store, wangrui10412, wangshuang794684, wangshuo47445 and wangtao46946 added to case caption.

NEW PARTIES: wangtao46946, wangwei118, wangweiming520, wangwenlong46455, wangwingjie0688, wangxiaolan123, wangxiuchun96462, wangxueying1234, wangxun123, wangxunpin52013, wangyaotrade, wangyingjie61906, wangyingming6621, wangyu7592, wangyujiaoshop, wangyunan2014, wangyusheng15202 and Wangzifengyu added to case caption.

NEW PARTIES: Wangzifengyu, wangzixu0416, wanjingtong10043, wenzhuokang5876, weoclo, William Boyden34, William Ormsby, Williamcb, wloasidasndoias, wnagzehui57768, Worksifjeornskfnskdjsjh70, Wrock, wubaoshan1234, wuchunyan12663, wuchunyan12663, wudaipanzhan, Wuhan Maodun Trading Co., Ltd, wujunzhe15815824, wuli fashion, wuming90212, wupeng Store, wurenhuanhui, wuwenjuan60293, wuxingchi15114, wuyong2367, wuyunhong29920, wyz0625, xeancan98 and xiaguoqiang01020 added to case caption.

NEW PARTIES: xiangpiaopiao74800, xiatianhuakso, xiaweizhen88, xiayujia57514, Xieminghua060901, xinnana02169, Xiongxiang66058, xiupong, xizhenyong12825, xjpkdfuj, xlflynn2018, xnvkjfgiur, xuaimin Store, xuefuling1350, XUEHUA123, xueyuanke Store, xuhengsheng58335, xuhui38524, xuhuiqiang Store, xuji1177, xujun92547, XunjingpingxinyM, xuqingyi4029, xuqingyi4029, xushushu66058, xuxiaolong12641, xuyonghui53741, xuyuehui3214, xuzhihao37173, xuzhihong62097, Yan Chun Lei, Yanery Pants, Yang xiao fen22, Yangbo580, yangchunghao, yangfan2000, yangfei48377, yangliu27005, Yangonzhanglv0657 and yangshufen987 added to case caption.

NEW PARTIES: yangshufen987, yanguofei49143, yangwei0120, yangxiaomo7649537, yangxuwei113, yanyingzhao Store, yanzhenyu5638, Yaojiaxin012, yaoqian36872, yaoshun8866, ybmnvhu shopping, ye yan lian520, yepu8963, YIJIN48, YIJIN52, yinhongwei39731, ylus34jing, yongyucui05036, YorkMattvWxTgM, YOUOIGOITRSR, youqiang fashion, youyouer, ysjd8653479 and yuanfirst added to case caption.

NEW PARTIES: yangshufen987, yanguofei49143, yuanfirst, yuanjiazhu, yuanshi5, yuanzengwen8835, yumengjiao, YUMI OGATAHALL, yumin00430, yuweijian2731, yuyang49029, yzihan, ZaishainajiangrTc, zengzixuan3011, zhanfangct, zhang741, zhangbaojian28633, zhangbin70527, zhangchenfeng988, zhangdongqiong43762, zhanghl, zhanghongbo23, zhanghongtao110, zhangjiahui79938 and zhangjianshop added to case caption.

<!--SB--> (Vogt, Keith) (Entered: 02/05/2024)

NEW PARTIES: zhuemu42, zhuemu42, zhujibao27952, zhushuangsu66058, zhutingting2095, zhuyongjian Store, zoudachao6298, ZTO store, zuowenchu Store and zyakisjhais added to case caption.

NEW PARTIES: zhangjing57591 and zhangn268682 added to case caption.

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 103 Wuhan Maodun Trading Co., Ltd

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal 29, which seeks to voluntarily dismiss defendant No. 103 Wuhan Maodun Trading Co., Ltd., 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. 103 Wuhan Maodun Trading Co., Ltd., 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 2/26/24 identifying the remaining defendants.

Amended Schedule A 2 by Toho Co., Ltd.

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

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment 32

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 32 must enter an appearance and file a written objection by 3/11/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has responded to plaintiff's motion for entry of default and default judgment 32. The motion 32 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 JiangIP LLC, 33 West Jackson Boulevard Unit #2W, Chicago, IL 60604, via certified mail. Enter Final Judgment Order. Terminate civil case. Mailed notice.

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 3/15/2024. Mailed notice.

MAILED original ten-thousand-dollar ($10,000) surety bond posted by TOHO to Plaintiff's counsel, Keith Vogt, Ltd., 33 W Jackson Blvd., #2W Chicago, Illinois 60604 via certified mail # 9589 0710 5270 0579 7782 39.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED original ten-thousand-dollar ($10,000) surety bond posted by TOHO to Plaintiff's counsel, Keith Vogt, Ltd., 33 W Jackson Blvd., #2W Chicago, Illinois 60604 via certified mail # 9589 0710 5270 0579 7782 39.

RETURN of U.S. Post Office Receipt, Article No. # 9589 0710 5270 0579 7782 39.