2024-cv-00829

COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21586583.

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 Manish S. Shah. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category Two).

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

AMENDED complaint by Toho Co., Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

Exhibit 1

(Exhibit 2)

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

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, 14

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 to Ueda Declaration

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

NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 14 before Honorable Manish S. Shah on 2/13/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions 6 13 14 are granted, and no appearance is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, and personal jurisdiction. A $10,000 bond or security is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 2/12/2024: Notices mailed.

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

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 22 before Honorable Manish S. Shah on 2/27/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 22 is granted, and no appearance on the motion is necessary. The TRO is extended to 3/11/24. Notices mailed.

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

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

MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction 26

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 26

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 26 before Honorable Manish S. Shah on 3/13/2024 at 09:45 AM.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

SUMMONS Returned Executed by Toho Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 3/6/2024, answer due 3/27/2024.

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 26 is granted. Enter Preliminary Injunction Order. 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/instructions. Notices mailed.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 3/13/2024. Notices mailed.

NEW PARTIES: Shop1100217094 Store, Shop1100388987 Store, Shop1100390929 Store, Shop1100392765 Store and Shop1102121870 Store added to case caption.

CERTIFICATE of Service by John Wilson 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, 34

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 34

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 34 before Honorable Manish S. Shah on 4/3/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For reasons stated on the record, Plaintiff's motion for entry of default and default judgment against the defendants identified in amended schedule A 34 is granted. Enter Order and terminate civil case. Mailed notice.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 4/3/2024. Mailed notice.