2024-cv-02994

COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21854114.

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

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

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 Andrea R. Wood. Designated as Magistrate Judge the Honorable David Weisman. 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 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, 11

Declaration Ueda Declaration

Exhibit 1

Exhibit 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

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

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

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal 7, motion to exceed page limitation 10, and 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 11 are set for a telephonic motion hearing on 4/25/2024 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 4/25/2024. For the reasons stated on the record, Plaintiff's motion for leave to file under seal 7, motion to exceed page limitation 10, and 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 11 are taken under advisement. By 4/29/2024, Plaintiff shall supplement Schedule A to identify which Defendants are alleged to have committed trademark infringement and which are alleged to have committed copyright infringement. Telephonic status hearing set for 5/13/2024 at 1:30 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 5/13/2024. For the reasons stated on the record, Plaintiff's motion for leave to file under seal 7, motion to exceed page limitation 10, and 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 11 are granted. The Temporary Restraining Order is granted based on the likelihood of success on the trademark infringement claims only. Enter Sealed Temporary Restraining Order. The Clerk's Office is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 8, and (2) Exhibit 3, Parts 1-9 of Ueda Declaration 13, 14, 15, 16, 17, 18, 19, 20, and 21. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 1:30 p.m. on 5/13/2024 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 5/28/2024 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 5/13/2024. Mailed notice

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

INJUNCTION BOND in the amount of $ 10,000.00 posted by Toho Co., Ltd. (Document not scanned).

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex-parte motion to extend the temporary restraining order 28 is granted. The Court finds good cause to extend the temporary restraining order an additional 14 days to 6/10/2024. Telephonic status hearing set for 5/28/2024 is stricken and reset for 6/10/2024 at 1:30 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

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 31

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 31

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of a preliminary injunction 31 will be heard at the telephonic hearing set for 6/10/2024 at 1:30 PM. Any person wishing to be heard on the motion shall file an appearance and contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 6/10/2024. Only Plaintiff appeared. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [31] is granted. Enter Preliminary Injunction Order. The Clerk's Office is directed to unseal: (1) Schedule A to the complaint [8], (2) Exhibit 3, Parts 1-9 of Ueda Declaration [13], [14], [15], [16], [17], [18], [19], [20], and [21], and (3) the sealed temporary restraining order [27]. Plaintiff's counsel is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic status hearing set for 8/6/2024 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 6/10/2024. Mailed notice

NEW PARTIES: ZZ TOP SHOP, Zphoenix clothes, zhuyeye, zhuifengqishou, zhouzhou fashion, zhanyang fashion, zhanghua1425, zgszyouth0109, yunduoxiaopu, youzheng fashion, Youhui e-commerce, yipengwanli, yingyinghome, yimeistore, YHCSZ, yezhi Friday, xxbst, xvonvanf, xuejinhsd, xuanlvyujiyi, xoinklhjsioh, xingzhihuo, xiawenwen, xiaoyangjiaocai, xiaoxianshui, xiaoweiawa, xcc shop, wujieguang fashion, wuhan001269, wudingbiao, wuchuan fashion, Wonderful manage, Win09, WHDStore, wenqianttt, wenppstore, wehiwheih, WarriorsoftheWind, Waou, wangpanhong, wanglinliu, wangjianli, wangdongcheng fashion, walletmerchant, VV Fashion cartoon jewelry.ltd, vjimho online store, Uxstar, tungeir peach Mama's apron, tongda, tjingxiaotong and tiyuxi added to case caption.

SUMMONS Returned Executed by Toho Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/7/2024, answer due 6/28/2024.

NEW PARTIES: The sunlight has been brilliant, The horizon and the sun, The glorious years to go together, The first step is a landscape, The crazy story, taofenga, sunyang fashion, sunruoxi222, smlay Store, Sivas, Sincerity yue, SHruiruir, sheng fashion, sanmentiankai, SANKESHUMIAO, Samcos, rouroudejingxiwu, rocoky, renshengbuleia, qzchuanchuan, qidianchufa, pursue dream, principle of good faith, PL PL Men's Shoe Shop, papylop, pan.182, OHLORLY, Norway spring dress, nieyintong, MOMOBBDY, Modern Oil Painting Workshop, modeganqing, MINT GREEN STORE, mingheminxiongmei, micky, Matsumstl, Magic Style, ma, lzislove, luping1120, liutingting7, liuguangchao2018, Lingzx, Lijunlijunlijun, liangsaisheng, Lessons, leiqinglong, LEGENDARYhand, Leaf xiao and Lbaodan added to case caption.

NEW PARTIES: laolizi1122, Lamrong, kunkun7102, Jjunnjiaju, jiquanspecial, jinranran, Jinhua Jsdcar Tech Co., Ltd, jichunqiang1974, JiaShun6688, jettadoxic122, James' Fashion House, j7shop, iping fashion, iamhy, HuanXiangstore, Huanxiang, huangqianshan, huangliqin, huangbihong, HUAHUAZHOU, hss store, Holongan Drangen foom, holidayhome, hhff520x, Heller Lee, helingting852, Hai Da, guangzhoudadaozhong, Gfit, gaojia fashion, FUZHT, fuchencongq, Flowers in full bloom, fish-money, feifeijgf, fanxinliang fashion, fantasyspace, eqwpoxnxa, eefggss, eef57kj, Dummer da, DN-house, dhokh, Dark horse company, czyouth0235, Create a good time together, chychenhaiyan, chenyulingshop, chenweilan and chenshimei fashion added to case caption.

NEW PARTIES: chengjiacong, chaoyanyu, caiseshutiaowen, brightlyq, BinglinQ, asdfrsssdd, Angela Handicreft, amingdaoju, aiyunyuyunai, AIYKAZYSDL, addsubtract, 2019*LI, ZZhouT, zimixili, zhulimin111888, zhouminhua68, zhoujunru, zhiwenkun, zhaokaikai, zhaofengzi, zhanludan459, zhangyanzhang, z20n1yi, yuwan2019, YLL1999, yinyuejuan, yinweini, yeahspee, yanwo18400, yangxufa134, yangkang888, xiaozhihui, xiaoniuchaokepu, xiaofangnwy3011, wenxiaozhi, weishuaisasa, wangxiang1688, upe0mz, tel43y, storezhangbingbing, still with u, Starshine, solo club, skeboy, ruihuajingpinwu, Renkaigong, Qicmeiun, QIanXuan art store, ouyangxulian, onnvlsziiq and needwisingly added to case caption.

NEW PARTIES: mollywyh@126.com, Molidou, modejamp1697m, meishiliqn, mayixinwaimaofuzhuang, Margot meet, lvx48q, Lucy Momo, lucky ling ^-^, lonhdg, longjiaosan, LKC0812, liyang66666, lijianfeng0660, kluyf11, jinfeng zhang, jibo023690, jiangkun home store, jack2016, huzhongstore, huangziyang5009, Hope is a species of happiness, HGJNBMK, hengyi88, HEHUOREN88, haiwei store, guanstore, gouzaoshenghuo, Good luck with shops, Good Job2, gfhg1p, gaoxiaodong, flood, Fengchen, fangguanju9011, equinox, Encono, dushanshizhuang, duh63737, Dudura, dhyyouth0123, Chinglish man, cheryl2016, Beauty Boy Store, aygxyyouth0104, armylong, alan clothing store and 1guomeifeng added to case caption.

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

CERTIFICATE of Service by Robert Payton Mcmurray 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

(Exhibit B)

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment, 40

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 40

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default and default judgment against the Defendants identified in Schedule A 40 will be heard at the telephonic hearing set for 8/6/2024 at 9:00 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 8/6/2024. Plaintiff's motion for entry of default judgment [40] is granted. Enter Default Judgment Order. As all claims as to all Defendants have been resolved, this case will be closed. Civil case terminated. Mailed notice.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 8/8/2024. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MAILED copyright report to Registrar, Washington DC