2024-cv-11959

COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 405, receipt number AILNDC-22752316.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toyota Motor Sales, U.S.A., Inc.

Notice of Claims Involving Trademarks by Toyota Motor Sales, U.S.A., Inc.

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Trevor Christian Talhami

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Lucas Allen Peterson

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

NEW PARTIES: China Seat Cover Automotive Products Co., Ltd, Guangzhou Aililai Trading Co., Ltd, Guangzhou Cheshangpin Trading Co., Ltd, Guangzhou Fuxuan Auto Accessories Co., Ltd., Guangzhou Qixin Automotive Supplies Co., Ltd., Guangzhou Shen Yun Trading Co., Ltd., Hangzhou Etie Creative Design Ltd., Xi'an Sihangda International Trade Co., Ltd., Zhejiang Shengye Traffic Sign Co., Ltd., A21IXTS94NK9OT, A2GUT2RB4HHQIT, A3890G0XUZJ6B1, AMZ-BLACK, Arbacipher, Booge US, DFFMQSJ, dunghoangstcp, Fanatical Trading, King Chi Shop, LexusVantrix, LIUjgunfer, lixuan668, SQC_Wholesale Inc, SusquehannaLLC, Xuweing, YUWUTF, zhangxyshop, yishian08, autoservice001, caixia huang, cctv-23, chipindustry, CHOFAN, create_auto, daisyxjuan2018, dexhibition, deyifly2, dongguanshidiyibamaoyiyouxiangongsi, dylcompany, ebuyshop_7, edga745, eodxcom, ewphq13, ffancylife, gooddeals8787, goodluck561, gzmibai, HENZIKON SENIOR AUTO PARTS, hospitality6, IGBTSHOP, kuajingshangwuyouxiangongsi, lamboone, lbmark2, leifashionshop, liujiana612, Lucky Di Parts, mars_tg, Mia-auto6, mojhduw, mwjg3930, nice_jw0429, patton548, plc-supplier-1, rcr_parts, sds34195, shuzhe2, skyyjlzs1, successarc, taianshunyi-718, thriving12, Thursday-Discountstore, Wang McQueen Motors, zhenqiangyan, zhidi-41, zhidianhomeus, TZHOOD, bai jin ying guo ji mao yi (guang zhou) you xian gong si, jiujiangzhiguoguishangmaoyouxiangongsi, JUNJIEMAOYI, Manruonan Trading Co., Ltd., Premium Picks, qinghaokaiyueshangmao, SHIJINMAOYI, SXlianshun-xuhongshop, WMJMSD, nehduie94 and wanglihuan00 added to case caption.

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Toyota Motor Sales, U.S.A., Inc. to Amy Crout Ziegler, Greer, Burns & Crain Ltd., 200 W Madison St, Ste 2100, Chicago, IL 60606, via certified mail #9589 0710 5270 0579 7778 81.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for temporary restraining order 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

DECLARATION of Teena Bohi regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Exhibit 3 Parts 1-3 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

(Exhibit 3-3)

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal 3, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 13, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 18 are set for a telephonic motion hearing on 12/5/2024 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 (650) 479-3207 and the access code is 1808131170. 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 12/5/2024. For the reasons stated on the record, Plaintiff's motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [18] are granted. 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 regarding complaint [2], and (2) Exhibit 3 Parts 1-3 regarding declaration [17]. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 10:15 a.m. on 12/5/2024 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 12/19/2024 at 9:15 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 (650) 479-3207 and the access code is 1808131170. 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 12/5/2024. Mailed notice

Registry Deposit Information Form by Toyota Motor Sales, U.S.A., Inc.

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of extension of time[25]

DECLARATION of Trevor C. Talhami regarding memorandum in support of motion[26]

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex parte motion to extend the temporary restraining order [25] is granted. The Court finds good cause to extend the temporary restraining order through 1/2/2025 pursuant to Fed. R. Civ. P. 65(b)(2). Any motion for a preliminary injunction must be filed by 1/2/2025. Telephonic status hearing set for 12/19/2024 is stricken and reset for 1/3/2025 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 (650) 479-3207 and the access code is 1808131170. 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

SURETY BOND in the amount of $ 10,000.00 posted by Toyota Motor Sales, U.S.A., Inc. (Document not scanned.)

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 12/20/2024: Mailed notice.

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for preliminary injunction[30]

DECLARATION of Trevor C. Talhami regarding memorandum in support of motion[31]

SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/26/2024, answer due 1/16/2025.

Declaration of Lucas A. Peterson

Exhibit A

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of a preliminary injunction [30] is set for a telephonic motion hearing on 1/3/2025 at 9:00 AM. The Temporary Restraining Order entered 12/5/2024 [23] is extended through 1/3/2025 to allow time for notice of the preliminary injunction motion to be provided to Defendants and for the motion to be heard. 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 (650) 479-3207 and the access code is 1808131170. 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 (aw,)

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/3/2025. For the reasons stated on the record, Plaintiff's motion for entry of preliminary injunction [30] is granted. Enter Preliminary Injunction Order. The Clerk's Office is directed to unseal docket entries [2], [17], [23]. 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 1/28/2025 at 10:00 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 (650) 479-3207 and the access code is 1808131170. 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 1/3/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants

ATTORNEY Appearance for Defendant Fanatical Trading by Casey Ann Hewitt

MOTION by Defendant Fanatical Trading for extension of time

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendant

MOTION by Defendant Fanatical Trading to Dissolve Preliminary Injunction

Exhibit Evidence from Plaintiff

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to Certain Defendants

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for entry of default, MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for default judgment as to Certain Defendants

Exhibit A

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for entry of default, motion for default judgment, [45]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[46]

Exhibit 1

ATTORNEY Appearance for Defendant cctv-23 by Christopher Paul Keleher

MOTION by Defendant cctv-23 for extension of time to file answer regarding complaint[1] (UNKNOWN IF OPPOSED)

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/28/2025. As discussed on the record, Defendant Fanatical Trading's motion for extension of time to respond [41] is granted. Defendant Fanatical Trading shall answer or otherwise respond to Plaintiff's complaint by 2/11/2025. Defendant Fanatical Trading's motion to dissolve preliminary injunction [43] is entered and continued. Defendant cctv-23's first motion for extension of time to answer or plead [49] is granted. Defendant cctv-23 shall answer or otherwise respond to Plaintiff's complaint by 2/12/2025. Plaintiff's motion for entry of default and default judgment as to certain Defendants [45] will be addressed at the next hearing. 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. Telephonic status hearing set for 2/13/2025 at 11:15 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 (650) 479-3207 and the access code is 1808131170. 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

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants

MOTION by Defendant Fanatical Trading for extension of time UNOPPOSED

STIPULATION of Dismissal as to a Certain Defendant

MINUTE entry before the Honorable Andrea R. Wood: Telephone conference held. Motion for extension of time [53] is terminated as moot. Pursuant to the stipulation of dismissal filed on 2/12/2025 [54], defendant Fanatical Trading is dismissed and terminated. Motion for entry of default judgment [45] is taken under advisement. Telephonic status hearing set for 2/27/2025 at 10:45 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 (650) 479-3207 and the access code is 1808131170. 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.

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Kahlia Roe Halpern

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendant

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 2/27/2025. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment as to certain defendants 45 is taken under advisement. Defendant Fanatical trading's motion to dissolve preliminary injunction 43 is terminated as moot. Telephonic status hearing set for 3/13/2025 at 9:15 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 (650) 479-3207 and the access code is 1808131170. 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

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Thomas Joseph Juettner

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 3/13/2025. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment as to certain defendants [45] is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 3/17/2025. Mailed notice

MAILED Trademark report with certified copy of minute order dated 3/17/2025 to Patent Trademark Office, Alexandria VA

RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7778 81.