2024-cv-11152

COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22667834.

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

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable M. 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 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

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED copyright report to Registrar, Washington DC.

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

MINUTE entry before the Honorable John Robert Blakey: In this lawsuit, Plaintiff seeks to sue 252 separate defendants for trademark and copyright infringement. See 1, 8. But joinder of multiple defendants in a single copyright or trademark infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff alleges that, although Defendants "operate under multiple fictitious names, there are numerous similarities among the Defendants' Internet Stores. For example, some of the Defendants' websites have identical layouts, even though different aliases were used to register the respective online marketplace accounts. In addition, the counterfeit products for sale in the Defendants' Internet Stores bear similarities and indicia of being related to one another, suggesting that the counterfeit products were manufactured by a common source and that Defendants are interrelated. The Defendants' Internet Stores also include other notable common features, including use of the same online marketplace account registration patterns, unique shopping cart platforms, similar payment and check-out methods, meta data, illegitimate SEO tactics, HTML user-defined variables, domain redirection, lack of contact information, identically or similarly priced items and volume sales discounts, similar hosting services, similar name servers and the use of the same text and images." 1 22. But the allegations are conclusory and unsupported. As a result, the Court finds that Plaintiff has failed to support the joinder of 252 separate defendants in this single suit and thus dismisses Plaintiff's complaint 1 without prejudice. The Court also denies without prejudice Plaintiff's motion to seal 7. If Plaintiff elects to amend its complaint, it should also bolster its allegations concerning personal jurisdiction. Plaintiff alleges that this Court "has personal jurisdiction over each Defendant, in that each Defendant conducts business in Illinois and in this Judicial District, and the acts and events giving rise to this lawsuit of which each Defendant stands accused were undertaken in Illinois and in this Judicial District. In addition, each Defendant has offered to sell and ship infringing products into this Judicial District." 1 5. But the former is a legal conclusion (unsupported by the submitted screenshot evidence), and the latter remains insufficient to confer personal jurisdiction. See, e.g., Am. Bridal & Prom Indus. Ass'n, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 192 F. Supp. 3d 924, 93435 (N.D. Ill. 2016) (simply alleging the existence of purported counterfeiting via an interactive website is not enough, by itself, to confer personal jurisdiction); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). Mailed notice

AMENDED complaint by TV Tokyo Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

Exhibit 1

(Exhibit 2)

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A

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.

MINUTE entry before the Honorable John Robert Blakey: Plaintiff shall file a status report by 3/17/25. Mailed notice.

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, 20

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 to Saiki Declaration

STATUS Report by TV Tokyo Corporation

MINUTE entry before the Honorable John Robert Blakey: Plaintiff has filed an amended trademark and copyright infringement complaint directed against 9 separate defendants. See 14, 16. Joinder of multiple defendants in a single infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff alleges that "there are numerous similarities among the Defendants' Internet Stores. For example, some of the Defendants' websites have identical layouts, even though different aliases were used to register the respective online marketplace accounts. In addition, the counterfeit products for sale in the Defendants' Internet Stores bear similarities and indicia of being related to one another, Specifically, all Defendants infringe the NARUTO Trademarks and Copyright Registrations by selling identical counterfeit costumes portraying Plaintiff's Kakashi Hatake character during the same time period in 2024 on the same e-commerce platforms, which suggests that the counterfeit products were manufactured by a common source and that Defendants are interrelated. The Defendants' Internet Stores all share the same layout, including a unique button emblem that identifies "Naruto" as the supposed source of the counterfeit goods in an attempt to deceive customers. The stores also include other notable common features, including use of the same online marketplace account registration patterns, unique shopping cart platforms, similar payment and check-out methods, meta data, illegitimate SEO tactics, HTML user-defined variables, domain redirection, lack of contact information, identically or similarly priced items and volume sales discounts, similar hosting services, similar name servers and the use of the same text and images." 14 22. Plaintiff has supported these allegations with documentary evidence, and the Court will therefore allow Plaintiff to proceed against the nine Defendants identified in the amended Schedule A accompanying this Order. Plaintiff has also moved for leave to file excess pages 19 and for entry of a temporary restraining order 20. Based upon Plaintiff's submissions, the Court grants these motions. Enter sealed temporary restraining order. Absent further order, this temporary restraining order will expire on 4/8/25. The Court reminds counsel that all motions must be noticed for presentment. In the future, the Court will strike any motion not noticed. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable John Robert Blakey on 3/25/2025. 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 28 before Honorable John Robert Blakey on 4/9/2025 at 11:00 AM.

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

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 28 to extend the temporary restraining order entered 3/25/25 25. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 4/22/25. The 4/9/25 Notice of Motion date is 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 34

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 34

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 34 before Honorable John Robert Blakey on 4/16/2025 at 11:00 AM.

SUMMONS Returned Executed by TV Tokyo Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/11/2025, answer due 5/2/2025.

MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion and with the consent of the parties, the motion hearing regarding the motion for preliminary injunction 34 set for 4/16/2025 at 11 a.m. is reset to 4/23/2025 at 11:00 a.m. in Courtroom 1203. Mailed notice.

CERTIFICATE of Service by John Wilson on behalf of TV Tokyo Corporation

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 4/23/2025 regarding Plaintiff's motion for preliminary injunction 34. The motion 34 is taken under advisement pending the submission of a proposed order. Mailed notice.

CERTIFICATE of Service by John Wilson 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 on Amended Schedule A

(Exhibit A)

MEMORANDUM by TV Tokyo Corporation 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)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 43 before Honorable John Robert Blakey on 6/4/2025 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Having reviewed Plaintiff's proposed order, this Court grants Plaintiff's motion for entry of a preliminary injunction 34. Based upon its review of the record, the Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel shall add Defendant to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The Court denies as premature Plaintiff's motion for entry of default and for default judgment 43 and strikes the 6/4/25 Notice of Motion date. Mailed notice.

PRELIMINARY Injunction Order. Signed by the Honorable John Robert Blakey on 6/3/2025. Mailed notice.

NEW PARTIES: Shop1104085812 Store, Shop1104084528 Store, Shop1104083103 Store, Shop1104080193 Store, Shop1104072003 Store, Shop1104060216 Store, Shop1103883951 Store, Shop1103755004 Store and Shop1103671889 Store added to case caption.