2024-cv-02428

COMPLAINT filed by Sega Corporation and Atlus Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21783255.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Sega Corporation and Atlus Co., Ltd. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Sega Corporation and Atlus Co., Ltd. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Sega Corporation and Atlus Co., Ltd. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Sega Corporation and Atlus Co., Ltd. by John Wilson

MOTION by Plaintiff Sega Corporation and Atlus Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sega Corporation and Atlus Co., Ltd.

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. 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.

MOTION by Plaintiff Sega Corporation and Atlus Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Sega Corporation and Atlus 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 Sega Corporation and Atlus Co., Ltd. in support of motion for temporary restraining order, 11

Declaration Paragoso Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 2 Part 1 of Paragoso Declaration

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 2 Part 2 of Paragoso Declaration

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 2 Part 3 of Paragoso Declaration

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 2 Part 4 of Paragoso Declaration

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 2 Part 5 of Paragoso Declaration

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 2 Part 6 of Paragoso Declaration

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 2 Part 7 of Paragoso Declaration

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 2 Part 8 of Paragoso Declaration

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 2 Part 9 of Paragoso Declaration

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 2 Part 10 of Paragoso Declaration

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Exhibit 2 Part 11 of Paragoso Declaration

Notice of Claims Involving Trademarks by Sega Corporation and Atlus Co., Ltd.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 7 and motion for leave to file excess pages 10 are granted. Plaintiff's motion for temporary restraining order 11, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process, is entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 250 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 5/1/24, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice

MEMORANDUM by Sega Corporation and Atlus Co., Ltd. Plaintiff's Memorandum in Support of Joinder

(Exhibit 1)

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

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Sega Corporation and Atlus Co., Ltd. Amended Schedule A

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's ex parte motion for a temporary restraining order 11, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process is granted as to Amended Schedule A. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Plaintiff shall submit an amended proposed TRO to the Court's proposed order inbox by 8/2/24. Status hearing is set for 9/23/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 8/5/2024

MOTION by Plaintiff Sega Corporation and Atlus Co., Ltd. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to extend the TRO 33 is granted. The TRO entered on 8/5/24 32 is extended to 9/2/24. Mailed notice

SURETY BOND in the amount of $ 1,000.00 posted by Sega Corporation and Atlus Co., Ltd.

MOTION by Plaintiff Sega Corporation and Atlus Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Sega Corporation and Atlus Co., Ltd. in support of motion for preliminary injunction 36

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 36

SUMMONS Returned Executed by Sega Corporation and Atlus Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 8/28/2024, answer due 9/18/2024.

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

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 36. In connection with that motion, plaintiff must serve all remaining defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by or before September 11, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon 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 Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

CERTIFICATE of Service by John Wilson on behalf of Sega Corporation and Atlus Co., Ltd.

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction [36] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendant will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established that it provided electronic notice to defendant of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of the defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that the defendant listed on Schedule A is added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The 9/23/24 tracking status hearing is stricken and re-set to 11/8/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeffrey I Cummings on 9/19/2024. Mailed notice

NEW PARTIES: EmmaleeDHoover added to case caption.

CERTIFICATE of Service by John Wilson on behalf of Sega Corporation and Atlus Co., Ltd.

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

MEMORANDUM by Sega Corporation and Atlus Co., Ltd. in support of motion for default judgment 45

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 45

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 45 for entry of default and default judgment against the remaining defendant. The remaining defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 11/27/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon the remaining defendant within one business day of its entry on the docket and must promptly file proof of that service. The previously set 11/8/24 tracking status hearing is stricken and re-set to 1/6/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Sega Corporation and Atlus Co., Ltd.

(Exhibit A)

MINUTE entry before the Honorable Jeffrey I Cummings: The remaining defendant has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 45 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's marks and copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendant (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER AGAINST DEFENDANT NO. 49 "EMMALEEDHOOVER" Signed by the Honorable Jeffrey I Cummings on 12/5/2024. Mailed notice

ENTERED JUDGMENT Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA