2025-cv-00237

COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22931015.

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

MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Seal 7 is granted. It appearing that the case filed is a "Schedule A" case, the Plaintiff is directed to the Court's standing order on its website directing the filing of Court's Schedule A Template within 14 days. Upon review of the complaint, the Court sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 193 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). When addressing joinder, Plaintiff is reminded that "[c]ourts in this district generally agree that alleging that multiple defendants have infringed on the same copyright in the same way does not create the substantial evidentiary overlap required to find a similar transaction or occurrence." See Roadget Bus. Pte. Ltd. v. Individuals, Corps, Ltd. Liab. Companies, Partnerships & Unincorporated Associations Identified on Schedule A, No. 23-cv-17036, 2024 WL 1858592, at *6 (N.D. Ill. Apr. 29, 2024) (collecting cases). Plaintiff should also reference this Court's opinion in Zaful v. Schedule A Defs., 24-cv-11111, Doc. 12 (N.D. Ill. Jan. 10, 2025), where the Court expressed its views on joinder in such cases. By 1/27/25, the plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described above. In the alternative, plaintiff has leave to file an amended complaint by 1/27/25 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Mailed notice. (jcc,)

EMAILED Corrected Trademark report to Patent Trademark Office, Alexandria VA

NOTICE of Correction regarding Patent/Trademark report 10

MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Motion for a First Extension of Time to File an Amended Complaint and Memorandum in Support of Joinder

MINUTE entry before the Honorable April M. Perry: Motion for extension of time 16 is granted. Plaintiff's deadline to file an amended complaint is extended to 1/31/2025. Mailed notice. (jcc,)

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)

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A

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 Copyright Registrations

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 Sealed Exhibit to Saiki Declaration

Notice of Claims Involving Trademarks by TV Tokyo Corporation

MEMORANDUM by TV Tokyo Corporation Plaintiff's Memorandum in Support of Joinder

(Exhibit B)

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Exhibit A

EXHIBIT by Plaintiff TV Tokyo Corporation Redline Complaint regarding amended complaint, 18

MINUTE entry before the Honorable April M. Perry: The Court finds that joinder of the 15 remaining Defendants is proper at this stage based upon representations made in Plaintiff's joinder memorandum 24. Plaintiff's motion for an ex parte temporary restraining order 20 is denied without prejudice. In order to be entitled to equitable relief like a TRO, Plaintiff must show (among other things) that there is ongoing or impending harm. Swanigan v. City of Chicago, 881 F.3d 577, 583 n. 2 (7th Cir. 2018). "Past injury alone is insufficient." Simic v. City of Chicago, 851 F.3d 734, 738 (7th Cir. 2017). Plaintiff has submitted as an exhibit in support of its motion for a TRO 264 pages of screenshots of various Defendants selling various products on 9/19/24. This is not sufficient evidence of ongoing harm. Should Plaintiff re-file its motion for a TRO, it is encouraged to submit live weblinks along with recent screenshots of the alleged infringement with clear labels (using either cover pages or a table of contents) within the exhibit noting the Defendant to which each screenshot or link applies. Mailed notice. (jcc,)

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 93

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

MOTION by Plaintiff TV Tokyo Corporation for temporary restraining order Plaintiff's Renewed 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

(Declaration Figueroa Declaration)

SEALED EXHIBIT by Plaintiff TV Tokyo Corporation Sealed Exhibit to Figueroa Declaration regarding MOTION by Plaintiff TV Tokyo Corporation for temporary restraining order Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Ser 30

MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, 30

Declaration Saiki Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Seal 29 is granted. Plaintiff's ex parte motion for entry of a temporary restraining order 30, including a temporary injunction, a temporary asset restraint, and expedited discovery, is granted. Plaintiff's written submissions establish that if Defendant was informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating Plaintiff's interests in identifying Defendant, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendant from an order directing it to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with an online marketplace defendant. Expedited discovery is warranted to identify defendant and implement the asset freeze. If the defendant were to appear and object, the Court will revisit the asset freeze and personal jurisdiction. A $14,000 bond is sufficient to secure the injunctive relief. Enter order. Mailed notice. (jcc,)

SEALED Temporary Restraining Order. Signed by the Honorable April M. Perry on 2/7/2025. Mailed notice. (jcc,)

MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

SURETY BOND in the amount of $ 14,000.00 posted by TV Tokyo Corporation

MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Extend the Temporary Restraining Order 35 is denied without prejudice. Plaintiff has failed to provide proof that the $14,000 bond has been deposited with the Court. Mailed notice. (jcc,)

MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Renewed Ex-Parte Motion to Extend the Temporary Restraining Order

(Exhibit 1)

MINUTE entry before the Honorable April M. Perry: Plaintiff's Renewed Motion to Extend the Temporary Restraining Order 37 is granted. The previously granted TRO 34 shall be extended until 3/7/2025. Enter order. Mailed notice. (jcc,)

SEALED Extension of Temporary Restraining Order. Signed by the Honorable April M. Perry on 2/21/2025. Mailed notice. (jcc,)

MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

(Exhibit B)

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit A

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 41 before Honorable April M. Perry on 3/6/2025 at 10:00 AM.

MINUTE entry before the Honorable April M. Perry: Plaintiff's motion for extension of the TRO 41 is denied. The Court issued the TRO on February 7, 2025, and granted an extension of the TRO for an additional 14 days on February 21, 2025. Plaintiff has not provided good cause to warrant an extension of the TRO beyond 28 days. The Court notes that the Plaintiff waited six days to email the amended complaint, TRO, and subpoena to e-commerce platforms hosting the Defendants' accounts. The TRO shall expire on March 7, 2025. The Court vacates the motion hearing on 3/6/2025. Mailed notice. (jcc,)

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[46]

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[46]

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction[46] before Honorable April M. Perry on 3/11/2025 at 10:00 AM.

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

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 3/5/2025, answer due 3/26/2025.

MINUTE entry before the Honorable April M. Perry: Plaintiff's motion for a preliminary injunction 46 is taken under advisement. Plaintiff's motion for entry of a preliminary injunction will be heard at a hearing on 3/11/2025, at 10:00 a.m. in person in Courtroom 1725. The motion may be considered unopposed as to any Defendant who does not file an objection by 3/10/2025 and/or appear at the hearing. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. Mailed notice. (jcc,)

MINUTE entry before the Honorable April M. Perry: Motion hearing held on 3/11/2025. On the grounds set forth in the preliminary injunction motion, and with no objections raised by any Defendant, Plaintiff's motion for an entry of a preliminary injunction 46 is granted. The Clerk is directed to unseal. Plaintiff is ordered to add all remaining defendant names listed in the Amended Schedule A to the docket within three business days. Instructions can be found on the Court's website at: https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Enter order. Mailed notice. (jcc,)

PRELIMINARY Injunction Order. Signed by the Honorable April M. Perry on 3/11/2025. Mailed notice. (jcc,)

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

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

Exhibit A

(Supplemental Chart)

MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment, 57

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 57

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 57 before Honorable April M. Perry on 8/6/2025 at 10:00 AM.

MEMORANDUM by TV Tokyo Corporation Plaintiff's Supplemental Memorandum in Support of Individualized Damage Award Per Defaulting Defandant

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Exceed Page Limitation 56 is granted. Plaintiff's motion for default judgment 57 is taken under advisement. Plaintiff's motion for default judgment will be heard on 8/12/2025, at 10:00 a.m. in person in Courtroom 1725. Plaintiff must serve a copy of this minute order upon Defendants within two business days of its entry on the docket and promptly file proof of that service. The Court strikes the motion hearing on 8/6/2025 to allow Defendants adequate notice. Mailed notice. (jcc,)

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

MINUTE entry before the Honorable April M. Perry: Motion hearing held on 8/12/2025. No one appeared for the Defendants. Plaintiff's motion for default judgment 57 is granted for the reasons set forth in Plaintiff's motion and consistent with the order to follow. Enter order. Mailed notice. (jcc,)

FINAL Default Judgment Order. Signed by the Honorable April M. Perry on 8/12/2025. Civil case terminated. Mailed notice. (jcc,)

NOTICE of withdrawal of surety bond 40 by Elizabeth A. Miller of Firm: Hughes Socol Piers Resnick & Dym, Ltd.