2024-cv-08099

COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22441699.

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 John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. 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.

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for leave to file under seal 7 is granted in part and denied in part. The motion is granted insofar as it seeks to seal the plaintiff's Schedule A. As such, Schedule A 8, provisionally under seal pending order, is permitted to remain under seal. The motion is denied without prejudice insofar as it seeks the sealing of exhibit 3 to the declaration of Hiroaki Saiki, as that document has not yet been filed. Mailed notice

MOTION by Plaintiff TV Tokyo Corporation to expedite Plaintiff's Motion for Expedited Discovery

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for expedited discovery 11 is granted. Enter order. Given the plaintiff's withdrawal of its motion for leave to file under seal 7, the Clerk is directed to unseal the plaintiff's Schedule A 8. The plaintiff is ordered to enter in CM/ECF no later than 9/27/24 each defendant named in its Schedule A as a party in this case. Failure to timely comply with this requirement may result in sanctions, including the dismissal of this action. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspxfolder=_cmecf&play=Add_Terminate.mp4. Mailed notice

ORDER Signed by the Honorable John J. Tharp, Jr on 9/25/2024. Mailed notice

NEW PARTIES: zxc00908 Store, zgrose Store, Zeks Global Store Store, z8gw Store, z1wh Store, yw2z Store, yoyo_rock Store, youne Store, youarenice Store, yangchenwang Store, xvdihh Store, xrxl Store, xrobqu Store, xddft Store, x9we Store, wszt Store, wrkxl983 Store, writing2008 Store, wm4q Store, wkcb Store, Wireless Earbuds Store, wholesale8277 Store, wdyyy Store, wallartpaint Store, w4jp Store, w35d Store, vudtpj Store, victoriaport Store, vgyhb Store, vgttt Store, uxyf Store, uswyyz Store, unkxfp Store, umvh Store, uivv Store, uarqlz Store, u17r Store, tz6607 Store, Trade With World Store, toyforchild2 Store, toyforchild Store, tools2020 Store, tiwen11 Store, tai01 Store, strollers1998 Store, squishy toy Store, spbjys Store, snatti Store, smyy6 Store, smyy11 Store and skims Store added to case caption.

NEW PARTIES: shanyu2022 Store, satisfaction66 Store, rtwv Store, rja2 Store, rfed258 Store, qw8a Store, qpjjwoaini001 Store, qp221408 Store, qhuq Store, q19k Store, q0x4 Store, pyrm Store, psqc Store, popular_toy Store, pjxb Store, phonecase0519 Store, pgmp Store, pfgm099 Store, peaceminous529 Store, pcpu Store, packaging08 Store, oydy Store, oyd2 Store, ovgq Store, orientalhouse Store, olym Store, olsg Store, olkis934 Store, olike859 Store, oinuhg Store, ofmmb91 Store, oejfn994 Store, oddboss Store, obqx Store, nsc7 Store, nqcj Store, nnjoi15 Store, nmt7 Store, njihh Store, nickyoung08 Store, nhygv Store, nfn3 Store, newkeygood Store, netm Store, necktie_scarf Store, n8fd Store, mvjy Store, mqbr Store, mpre Store and mo60 Store added to case caption.

NEW PARTIES: mmhgg Store, mm8n Store, mkn2 Store, million_store Store, mhtyg Store, mhneiw Store, mg1d Store, mfhy Store, mexn Store, Men's Store, machinery1998 Store, lyouyiv3 Store, lwwn Store, lvjier27 Store, lscgx Store, lpx9 Store, lnrhyp Store, lm8y Store, lkix Store, liasp69 Store, liaks64 Store, leochan16 Store, ldsfe854 Store, ldqk Store, ldou Store, laque Store, kzkz123 Store, kymn Store, ksijf987 Store, ksflia Store, kooio Store, kong06 Store, koadki5 Store, khnj289 Store, kfyp Store, kfiij399 Store, kdplj54 Store, k6wu Store, k1wl Store, jurv Store, jikolp555 Store, j6vk Store, ipebaq Store, interior123 Store, ijeuf521 Store, igetvape Store, homeme Store, home1888 Store, hem7 Store and hcy1227 Store added to case caption.

NEW PARTIES: harrypopper Store, h0b0 Store, gyyw Store, gynk Store, gtwc Store, gob2 Store, gkh9 Store, gifts1998 Store, georga Store, gbbhj Store, gbbhg Store, g14x Store, fuvlkb Store, frmn Store, fploikk Store, fker57 Store, fjdin54 Store, fgit Store, fg4r Store, ffglk Store, fashionstype Store, fan summer Store, factory___wholesale Store, ez1b Store, exterior123 Store, equipment1998 Store, eovxp03 Store, ecmuyn Store, eaqh Store, DW Best Store, dsczom Store, donny_dhgate Store, dji233 Store, divovape Store, detu Store, designer_999 Store, des6 Store, dcvu Store, dblt Store, dailydiscount09 Store, dailun88 Store, d6up Store, d4ca Store, cyc_amazed Store, cxdfg Store, cvfr5609 Store, ctufqi Store, cr6a Store, contentment188 Store and clothing2023 Store added to case caption.

NEW PARTIES: chemicals999 Store, cfgtre Store, cfghy Store, cbej Store, catherine006 Store, bszx Store, biggoosestore Store, bhudff Store, bgythh Store, bgrft Store, bgggg Store, beststore9527 Store, bestpricefromchina Store, besboy Store, bdebaby Store, bcg500 Store, bbuw Store, bbnnhh Store, babydhshop Store, b3nj Store, autoparts2006 Store, asert Store, amamhy3 Store, akap Store, aicfza Store, ai837 Store, ai827 Store, ai801 Store, ai791 Store, ai790 Store, adkm854 Store, acd987 Store, accessories2008 Store, abki Store, xtnm Store, wfgbj8064lf Store, udbr Store, truststore2021 Store, tnwv Store, smyy9 Store, smyy16 Store, slyq Store, rqwc Store, qc9y Store, nightshose Store, k6re Store, hbtq Store, godsavethestore Store and d1ej Store added to case caption.

NEW PARTIES: zxc00908 Store, zgrose Store, Zeks Global Store Store, z8gw Store, z1wh Store, yw2z Store, yoyo_rock Store, youne Store, youarenice Store, yangchenwang Store, xvdihh Store, xrxl Store, xrobqu Store, xddft Store, x9we Store, wszt Store, wrkxl983 Store, writing2008 Store, wm4q Store, wkcb Store, Wireless Earbuds Store, wholesale8277 Store, wdyyy Store, wallartpaint Store, w4jp Store, w35d Store, vudtpj Store, victoriaport Store, vgyhb Store, vgttt Store, uxyf Store, uswyyz Store, unkxfp Store, umvh Store, uivv Store, uarqlz Store, u17r Store, tz6607 Store, Trade With World Store, toyforchild2 Store, toyforchild Store, tools2020 Store, tiwen11 Store, tai01 Store, strollers1998 Store, squishy toy Store, spbjys Store, snatti Store, smyy6 Store, smyy11 Store and skims Store added to case caption.

MINUTE entry before the Honorable John J. Tharp, Jr: Ninety days having elapsed since the filing of the complaint, the plaintiff is directed, by 12/11/24, to file a status report indicating how it intends to proceed in this case. Failure to comply will result in dismissal without prejudice. See James v. McDonald's Corp., 417 F.3d 672, 681 (7th Cir. 2005) ("A district court has the authority under Federal Rule of Civil Procedure 41(b) to enter a sua sponte order of dismissal for lack of prosecution."). Mailed notice

MOTION by Plaintiff TV Tokyo Corporation Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for electronic service of process 15 is granted. Enter order. Mailed notice

ORDER Signed by the Honorable John J. Tharp, Jr on 12/10/2024. 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 John J. Tharp, Jr: By order entered 12/5/24 14, the Court directed the plaintiff to file a status report by 12/11/24. As of today, the Court has not received a status report from the plaintiff. The Court will sua sponte extend the deadline to file a status report to 12/18/24. The plaintiff is reminded to comply with all deadlines set 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

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of TV Tokyo Corporation

(Exhibit 1)

STATUS Report by TV Tokyo Corporation

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MOTION by Plaintiff TV Tokyo Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment 22

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 22

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of default and default judgment 22 is taken under advisement. While the Court would ordinarily set a deadline for objections or responses, it declines to do so at this time. That is because the plaintiff has not yet proffered evidence sufficient for the Court to "enter or effectuate judgment." Fed. R. Civ. P. 55(b). Although the complaint broadly asserts that the 250 defendants in this case have engaged in copyright and trademark infringement, among other wrongs, it provides no evidence that each individual defendant has infringed, that the Court has personal jurisdiction over each individual defendant, and so on. The Court will not enter a default judgment against 250 defendants where the complaint provides only blanket allegations of wrongful conduct. See, e.g., Nishimatsu Constr. Co. v. Houston Nat'l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975) ("[A] defendant's default does not in itself warrant a court entering a default judgment. There must be a sufficient basis in the pleadings for the judgment entered."). By 1/31/25, the plaintiff is required to supplement its motion with screenshot evidence demonstrating that each individual defendant (1) has plausibly infringed, and (2) is capable of shipping its products to Illinois. The plaintiff is also required to file (1) a listing of all prior online trademark, copyright, or patent infringement cases (also known as "Schedule A" cases) filed in any court in the United States in which it was a plaintiff, (2) a listing of any of the defendants included in the Schedule A in this case that the plaintiff has previously named as a defendant in any prior complaint or Schedule A case, (3) a certification that the plaintiff has not used the screenshot evidence submitted here in any prior proceeding, and (4) an index that matches each defendant to its relevant screenshots, lists the dates those screenshots were taken, and identifies, on a defendant-by-defendant basis, the specific copyrights and trademarks each defendant has allegedly infringed. If more time is needed to compile these documents, the Court will extend the 1/31/25 deadline on motion by the plaintiff. Once the Court has reviewed the screenshots and other documents, it will set a deadline for the defendants to object or respond (or take other action as appropriate). Mailed notice

MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Motion for an Extension of Time to File its Supplemental Documents in Support of Default and Default Judgment

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to extend 26 is granted. The deadline to file the documents specified in the Court's 1/21/25 order 25 is continued to 2/14/25. Mailed notice

DECLARATION of Hiroaki Saiki

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 1 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 2 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 3 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 4 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 5 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 6 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 7 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 8 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 9 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 10 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 11 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 12 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 13 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 14 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 15 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 16 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 17 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 18 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 19 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 20 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 21 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 22 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 23 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 24 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 25 of Saiki Declaration regarding declaration 28

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 26 of Saiki Declaration regarding declaration 28

Supplemental Listing by TV Tokyo Corporation

EXHIBIT by Plaintiff TV Tokyo Corporation Supplemental Exhibit regarding MOTION by Plaintiff TV Tokyo Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A 22

MINUTE entry before the Honorable John J. Tharp, Jr:Any objections or responses to the plaintiff's motion for entry of default and default judgment 22 are due by 2/28/25. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 2/20/25. 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) send 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, attaching a copy of plaintiff's motion for default judgment, memorandum in support thereof, and this order, and containing a link to the updated website. Mailed notice

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of TV Tokyo Corporation

(Exhibit 1)

MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 22 is granted. Enter default judgment order. Civil case terminated. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 3/4/2025. Mailed notice

MAILED Trademark report with certified copy of minute order dated 3/4/2025 to Patent Trademark Office, Alexandria VA

MAILED Copyright report with certified copy of minute order dated 3/4/2025 to Registrar, Washington DC

SATISFACTION of Judgment

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 63, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 109. Mailed notice