2024-cv-04439

COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22071485.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl

ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by John Wilson

MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

MAILED trademark report to Patent Trademark Office, Alexandria VA. (rc,)

MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (rc,)

MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff TV Tokyo Corporation 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 TV Tokyo Corporation in support of motion for temporary restraining order, 13

Declaration Saiki 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 TV Tokyo Corporation Exhibit 3 Part 1 of Saiki Declaration

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 2 of Saiki Declaration

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 3 of Saiki Declaration

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 4 of Saiki Declaration

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 5 of Saiki Declaration

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 6 of Saiki Declaration

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 7 of Saiki Declaration

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 8 of Saiki Declaration

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 9 of Saiki Declaration

Notice of Claims Involving Trademarks by TV Tokyo Corporation

NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document 7, motion for temporary restraining order, 13, motion for leave to file excess pages 12 before Honorable Jeremy C. Daniel on 6/6/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. The plaintiff's motion for leave to file under seal 7, motion to exceed page limitation 12 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 13 are granted. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 6/6/2024. Mailed notice

SURETY BOND in the amount of $ 10,000 posted by TV Tokyo Corporation. (Document not scanned)

MOTION by Plaintiff TV Tokyo Corporation 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 29 before Honorable Jeremy C. Daniel on 6/20/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The Plaintiff's ex-parte motion to extend the TRO 16 is granted. The TRO now expires at 11:00 a.m. on 7/4/2024. The motion hearing set for 6/20/2024 stricken. Mailed notice

MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction 32

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

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 32 before Honorable Jeremy C. Daniel on 7/3/2024 at 09:30 AM.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto. (Text entry; no document attached.)

ATTORNEY Appearance for Defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, Langeriy, Leifggao, LWEEIN, MLINS, noxiang si technology co. LTD, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap by Adam Edward Urbanczyk

MOTION by Defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap, noxiang si technology co. LTD to set a briefing schedule, and unseal Dkts. 8, 15-23.

SUMMONS Returned Executed by TV Tokyo Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/28/2024, answer due 7/19/2024.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap and noxiang si technology co. LTD failed to appear before the Court. Plaintiff's motion for preliminary injunction [32] is granted, excluding defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap and noxiang si technology co. LTD. Motion to set briefing schedule and unseal [37] is granted. Defendants' response to plaintiff's motion for entry for preliminary injunction is due on or before 7/10/2024; any reply is due on or before 7/17/2024. Status hearing is set for 7/18/2024 at 9:30 a.m. The TRO is extended to and through 7/18/2024 for said defendants for the reasons stated on the record. Mailed notice

RESPONSE by Defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap, noxiang si technology co. LTD to memorandum in support of motion[33]

Declaration of Xiaoxiao Liu

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Reply in Support of Plaintiff's Motion for Entry of a Preliminary Injunction [Dkt. No. 32]

ATTORNEY Appearance for Defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap, noxiang si technology co. LTD by Brian Swift

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. The plaintiff's motion for an extension of time [43] is granted. The plaintiff's reply is due on July 18, 2024. Without objection, the temporary restraining order against defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap and noxiang si technology co. LTD is extended to July 23, 2024, at 11:00 a.m. Status hearing as to these defendants for July 23, 2024, at 9:30 a.m. Mailed notice

MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

REPLY by Plaintiff TV Tokyo Corporation Plaintiff's Reply in Support of its Motion for Entry of a Preliminary Injunction

Exhibit A

Exhibit B

Exhibit Group Exhibit C

MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. The plaintiff's motion for a preliminary injunction against defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap and noxiang si technology co. LTD is denied. These defendants challenged whether the Court has personal jurisdiction over them. They contend that, while they each operate websites accessible in Illinois, none sold a single accused product in Illinois. The defendants submitted a declaration and sales data in support of this argument. The plaintiff counters that these defendants offered allegedly infringing products for sale in Illinois and at least one defendant made an infringing sale in Illinois. The plaintiff attached screenshots of websites showing that one could place an allegedly infringing item in an online shopping cart and enter an Illinois address for shipping. The plaintiff has not presented any evidence showing that the plaintiff actually consummated a sale from these defendants and received an allegedly infringing product in Illinois (at the motion hearing, the plaintiff referenced sales data from an online marketplace indicating one defendant had one sale in Illinois, but the plaintiff has not made that data part of the record). As a result, the plaintiff has not met its burden concerning personal jurisdiction. Matlin v. Spin Master Corp., 921 F.3d 701, 705 (7th Cir. 2019) ("Where, as here, the defendants submit evidence opposing the district court's exercise of personal jurisdiction, the plaintiffs must similarly submit affirmative evidence supporting the court's exercise of jurisdiction.") (citation omitted). To the extent that the plaintiff contends that simply filling out the form establishes personal jurisdiction, the Court rejects that notion. For one, it presupposes that the defendants would have shipped the ordered products to Illinois instead of simply taking the plaintiff's money and running. While that would create personal jurisdiction for fraud, it would not create personal jurisdiction for infringement. "Specific personal jurisdiction is appropriate where (1) the defendant has purposefully directed his activities at the forum state or purposefully availed himself of the privilege of conducting business in that state, and (2) the alleged injury arises out of the defendant's forum-related activities." Maitlin, 921 F. 3d at 706. Here, the alleged injury stems from the sale of allegedly infringing products. No sales in Illinois means no forum-related activities tied to the alleged injury. Accordingly, the Court denies the plaintiff's motion for a preliminary injunction as to these defendants and vacates the temporary restraining order as to these defendants. Any restrained assets belonging to these defendants shall be released immediately. Mailed notice

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for leave to file excess pages [46] is granted. Mailed notice

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 56

MINUTE entry before the Honorable Jeremy C. Daniel: Status Report due on or before 9/13/2024. Mailed notice.

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 152

CERTIFICATE of Service by William Benjamin Kalbac on behalf of TV Tokyo Corporation

MOTION by Plaintiff TV Tokyo Corporation 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 TV Tokyo Corporation in support of motion for default judgment, [62]

Exhibit 1

Exhibit 2

DECLARATION of Michael A. Hierl regarding motion for default judgment, [62]

Exhibit Hierl Exhibit 1

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, [62] before Honorable Jeremy C. Daniel on 9/19/2024 at 09:30 AM.

STATUS Report by TV Tokyo Corporation

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

ATTORNEY Appearance for Defendant Changde Juhetai Craft Gift Limited by Christopher Paul Keleher

MOTION by Defendant Changde Juhetai Craft Gift Limited for extension of time to file answer regarding complaint[1] (OPPOSED)

NOTICE of Motion by Christopher Paul Keleher for presentment of motion for extension of time to file answer[69] before Honorable Jeremy C. Daniel on 9/19/2024 at 09:30 AM.

ATTORNEY Appearance for Defendant Changde Juhetai Craft Gift Limited by Lan Li

FINAL JUDGMENT ORDER. Motion hearing held. Plaintiff's motion for entry of default, excluding defendant Changde Juhetau Craft Gift Limited, [62] is granted. Changde Juhetau Craft Gift Limited's motion for extension of time to answer or otherwise plead [69] is granted. The defendant shall answer or otherwise plead on or before 10/9/2024. Signed by the Honorable Jeremy C. Daniel on 9/19/2024. Mailed notice.

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 38

SATISFACTION of Judgment

MINUTE entry before the Honorable Jeremy C. Daniel: Joint status report due on or before 10/30/2024. Mailed notice.

STATUS Report by TV Tokyo Corporation

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff reports that it filed a notice of dismissal against the "last remaining defendant in this matter." (R. 79 at 2.) Accordingly, civil case terminated. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

MINUTE entry before the Honorable Jeremy C. Daniel: Any party to this action has until October 3, 2025, to justify the continued need to seal any documents in this case. The Court intends to unseal all documents in this case after that date. Mailed notice.