2024-cv-03275

COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21889610.

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 John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Young B. Kim. 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

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

MAILED Trademark report to Patent Trademark Office, Alexandria VA

Exhibits

MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff is directed to file, under seal, a chart identifying which screenshots in the Exhibit 2 to the Ueda Decl. correspond to which defendants on the schedule A and which trademarks/copyrights each defendant is accused of infringing through the products depicted in the screenshots. It is due 5/10/24. Mailed notice

Supplement to Exhibit 3 of Ueda Declaration by Toho Co., Ltd.

MINUTE entry before the Honorable John J. Tharp, Jr: The Court has reviewed the plaintiff's supplement to Exhibit 3 of the Ueda declaration 23. It fails to identify, as ordered 21, "which screenshots in the Exhibit 3 correspond to which defendants." The plaintiff is directed to file, by 5/17/24, a chart that identifies which screenshots/pages of the exhibit 3 to the Ueda declaration correspond to which defendants on the schedule A. Mailed notice

by Toho Co., Ltd. Supplemental Exhibit 3 to Ueda Declaration

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO 11 is granted. Plaintiff's motions for leave to file under seal 7 and to exceed page limitation 10 are granted. Enter temporary restraining order. Mailed notice

SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 5/14/2024. Mailed notice

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

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 28 is granted. Enter order. Mailed notice

EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 5/23/2024. Mailed notice

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

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 32

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 32

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Toho Co., Ltd.

(Exhibit A)

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction as to certain defendants 32 is taken under advisement. Any objection or response is due before 6/12/24. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement, by 6/8/2024, the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed by June 12, 2024. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 32 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 6/19/24 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice

PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 6/13/2024. Mailed notice

NEW PARTIES: Yioopi Fashion, xiaohu008, vsdgsfacafaf, Toy monopoly, tai yuan zhou hui wang luo xin xi zi xun, Sweet Girl Fashion, Obaby, Hayadx, AZer Toys - Help Your Child Grown Well, 91460000MAC02CKJ5Q, 91460000MABY75579M, 91340111MA8PENR80W, 91140105MA0LRPXJ7K, ZYLshoppingmall, zhuminggang17798, zhegzhixin251314, zhaoli97780, zhaojingyan190306, zhangzhenyu0808, zhangyuquan6906, zhangxuewen4538, zhangxiuxia856356, zhangling4061, zhangkaiyang8655, zhanghuiyu666, zhanghaopeng115150, zhangguoxi0746, zhangchaolan07083, ZENGYING888, yuzhimin851218, yuxingxue54648, yunfeidao and yudeming68818 added to case caption.

NEW PARTIES: yuanwenhao12, Yinyijun423, yijinhui369728, yifu wholesale store, YebeishanbD, YANYIFENG, yangshuyan5856356, yangshupei36285, yangmingyuan0018, yan rui cng12, xuxinmei2475, xtyukgshop, xiaotishi, XIANG123, xiang fashion, wzhen761supper-market, wuyanyanghfrtydf, wuyanqi80312, wuwenza, wukai69459, wuchaoyang525, WSXIA, wskldnvxxhop, workbovssoer, woaijlq, whitena, wangze52930, Wangyouwen7904, wangyinfu14725, wangyiling123, wangruiduo28597, wangdandan2020, Vitadana, Variedades Yuli, Valles.girls, Trend culture, tlpddtshgop, Tingxuan shoping, timk, tianwenshuai4731, Thxfxfcffhdgffvfgcgg, The Royal Trade, The darkest hour is that before the dawn, teresa buendia, tanmenru, tanhuali513741, tangyilin fashion, tabathas accesorios gym online, sweetqueen and suqiwen994639 added to case caption.

NEW PARTIES: sunzhilian58707, sunxinyue002X, sunwei1828845, Sunny funny mall, sunkanmming0518, Store My Tinos, Stom49, Sokuma Wandfull carry, shanfengxiaodian, Sensory World, ruchaman45, RubyGreenStore, ruanqiang2627, qopokmf wholeshop, qokslmq, qingpinsuijin, qingpenty, qichengcheng99082, Princess Bed, prido, pingping shopping, Perfect pursuit, peokdo, panqiong, panliuming fashion, Oomabem, Online shoppingcmf, niexiangmin, nawanyi147258, Mr TUNG, Moonlit Solutions, minyue03, Milk gril, mengwenwen, McGee House, MASCI, maqiuyuntz, malinlin fashion, makeyourfashion, lyx888, loiyuthm, liuyuechaodedianpu, liulin111, liuhhhhh, lijie154, liaguty, kudierg, Kilbazar, KerrSabinayVwDxQ and Kennetblaze added to case caption.

NEW PARTIES: kdoelds, kakangdieyue, jingpinjiaoyi, jiangjin fashion, Jason maker international, ing auo, huanping15804, huangxueer fashion, HUANG1987, heyang fashion, hcaiyun, Harley123, haoweier, gexinhu57785, fushru32, funnyshirts, FSSGFS, foreverstream, FGHJGJMHGFJHfg, ffgf, fashion school backpack, Fantastic Toy Base, fanshiwei1234, efzhsrtjhdytjrtger, DrewAntoniauDyZ, dongyi fashion, didiyoulimu, daisanmei8889, cytmall, cool shenjie, chunmiao, cccstore, caicai shopping, baoyixing1, baotianrui, baogui trade, BaoBao520520, banerjihdyxuin, ARhgh, Anime Bag World, alian, abctrade, zhaoyongsheng_2018, yjxmff, weilanzhi8, weijiatrade, toyseller20152015, topdream.toys, tjsyforfun2019 and style-bag added to case caption.

NEW PARTIES: nckjds2017, luklolo-0, libo206, kvxs6398, kageden, hotsellcompany, gift_stylish, fednon, dreamcaa, crazystonetoys, cat7-96, bunpigstore, bohisen, kakali, Fashions BB, zheixna, zhaofangwei0450, ZHANGYING54134, Yeyabin2659, yangjin9742, yangdongyang0802, xuzhangrong, xutianyue0214, xuhaiyy, xiangmeng5642, wangyun0446, wangying163163, viuxei, thanweitao211, tanwenwen3469, tangguobin886823, songweiqiang6974, sjeity, shenchuanmo8802, rongery, maytggyy, lsiliusha, gupoerty, Fcolubyty, CliffordLindsaymXlV, chenronghui7439, bringtnpito, yolanda1015, wwangzhimin-6, snslab, pamu29232071397, jia007wan-1, cosleilei and azeduiv1385-7 added to case caption.

NEW PARTIES: Yioopi Fashion, xiaohu008, vsdgsfacafaf, Toy monopoly, tai yuan zhou hui wang luo xin xi zi xun, Sweet Girl Fashion, Obaby, Hayadx, AZer Toys - Help Your Child Grown Well, 91460000MAC02CKJ5Q, 91460000MABY75579M, 91340111MA8PENR80W, 91140105MA0LRPXJ7K, ZYLshoppingmall, zhuminggang17798, zhegzhixin251314, zhaoli97780, zhaojingyan190306, zhangzhenyu0808, zhangyuquan6906, zhangxuewen4538, zhangxiuxia856356, zhangling4061, zhangkaiyang8655, zhanghuiyu666, zhanghaopeng115150, zhangguoxi0746, zhangchaolan07083, ZENGYING888, yuzhimin851218, yuxingxue54648, yunfeidao and yudeming68818 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 6/6/2024, answer due 6/27/2024.

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 40 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 40 and 41 are dismissed from this case. Mailed notice

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

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment, [43]

Exhibit 1

Exhibit 2

DECLARATION of Michael A. Hierl regarding motion for default judgment, [43]

Exhibit Hierl Exhibit 1

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 43 is taken under advisement. Any objections or responses are due by 7/29/24. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 7/19/24. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order and (2) sending an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. Mailed notice

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 39

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 47 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 39 is dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 43 is granted. Enter default judgment order. Civil case terminated. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 7/31/2024. Mailed notice

MAILED Trademark report with certified copy of minute order dated 07/31/2024 to Patent Trademark Office, Alexandria, VA.

(Exhibit)

SATISFACTION of Judgment

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 52, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendants Nos. 43 and 50. Mailed notice