2025-cv-00246

COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22931347.

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

EXHIBIT by Plaintiff TV Tokyo Corporation Sealed Schedule A Modified on 3/7/2025.

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

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Heather K. McShain. 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.

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, 12

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)

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 1 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 2 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 3 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 4 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 5 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 6 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 7 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 8 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 9 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 10 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 11 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 12 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 13 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 14 of Saiki Declaration Modified on 3/7/2025.

EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 15 of Saiki Declaration Modified on 3/7/2025.

Notice of Claims Involving Trademarks by TV Tokyo Corporation

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 7 and motion to file excess pages 11 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 12 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 1/27/2025 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO is due by 1/22/2025. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. Plaintiff is also advised that the Court will not enter a preliminary injunction unless summons is electronically served far enough before the preliminary injunction hearing to give the defendants fair notice of the lawsuit. Mailed notice.

EX PARTE Temporary Restraining Order: Signed by the Honorable Matthew F. Kennelly on 1/13/2025. Modified on 3/7/2025.

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

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of temporary restraining order 32 is granted; the ex parte temporary restraining order entered by the Court on 1/13/2025 is extended through 2/10/2025. The telephonic preliminary injunction hearing set for 1/27/2025 is vacated and reset to 2/10/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction must be filed by 2/4/2025. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. Plaintiff is again advised that the Court will not enter a preliminary injunction unless summons is electronically served far enough before the preliminary injunction hearing to give the defendants fair notice of the lawsuit.

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

SURETY BOND in the amount of $ 10,000.00 posted by TV Tokyo Corporation

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.)

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 36

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 36

MOTION by Plaintiff TV Tokyo Corporation to compel Plaintiff's Motion to Compel Third-Party Platform Shopify to Comply with the Temporary Restraining Order [Dkt. No. 31] and to Award Attorney Fees and Costs

Exhibit A

Exhibit B

(Exhibit C)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to compel 39 is granted; non-party Shopify is directed to comply with the requirements of the temporary restraining order entered in this case, by no later than 2/10/2025. Plaintiff's request for an award of attorney's fees and expenses is denied without prejudice.

MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic preliminary injunction hearing set for 2/10/2025 is vacated at the Court's instance. The Court denies plaintiff's motion for preliminary injunction 36, without prejudice to refiling. The preliminary injunction hearing was set for 2/10/2025, three business days from now. As of the time the present order is being entered on the docket, the docket does not reflect that summons has been electronically served on any defendant other than via posting on a website, which does not amount to service. In the Court's view, service of the motion for preliminary injunction alone--which is the only filing apparently served on the defendants at this point--does not give them sufficient notice of the basis for the lawsuit sufficiently in advance of the preliminary injunction hearing.

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 2/4/2025, answer due 2/25/2025.

MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction Plaintiff's Renewed Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-188, 200 and 221

MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction 43

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 43

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 2/6/2025, answer due 2/27/2025.

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

MINUTE entry before the Honorable Matthew F. Kennelly: The case is set for a telephonic status hearing on 2/12/2025 at 9:00 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729.

ATTORNEY Appearance for Movant Shopify Inc. by Andrew Arthur Lothson

MOTION by Movant Shopify Inc.For Leave to Respond to Plaintiff TV Tokyo Corporation's Motion to Compel

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-23067311.

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-23067450.

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-23069099.

MINUTE entry before the Honorable Matthew F. Kennelly: Motions to appear pro hac vice 51 52 53 are granted. Shopify's motion for leave to respond 50 will be addressed at the telephonic status hearing set for 2/12/2025 at 9:00 AM, using call-in number 650-479-3207, access code 2305-9115-8729.

ATTORNEY Appearance for Movant Shopify Inc. by Moez M. Kaba

ATTORNEY Appearance for Movant Shopify Inc. by SOURABH MISHRA

ATTORNEY Appearance for Movant Shopify Inc. by Jessica Nicole Trafimow

ATTORNEY Appearance for Movant Shopify Inc. by Michael Alexander McCaskey

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 2/12/2025. Movant is directed to file memorandum in opposition to motion to compel compliance by given 2/19/2025. Plaintiff's reply is due 2/24/2025. The case is set for a telephonic status hearing on 2/25/2025 at 9:00 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. The temporary restraining order previously entered by the Court is extended through 2/26/2025. 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.

RESPONSE by Shopify Inc.in Opposition to MOTION by Movant Shopify Inc.For Leave to Respond to Plaintiff TV Tokyo Corporation's Motion to Compel 50 (Third-Party Shopify Inc.'s Opposition to Plaintiff's Motion to Compel Compliance with the Temporary Restraining Order [Dkt. 39])

Declaration

Exhibit A

Exhibit B

(Exhibit C)

REPLY by Plaintiff TV Tokyo Corporation Plaintiff's Reply in Support of its Motion to Compel

Exhibit A

(Exhibit B)

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 2/25/2025. Plaintiff's motion for preliminary injunction order 43 is granted. Enter Preliminary Injunction Order. Oral argument on movant Shopify Inc.'s motion for leave to response is set for a video hearing on 3/4/2025 at 10:00 a.m. Central. The Court will send out a video conference invitation a few days before the hearing date. Mailed notice.

PRELIMINARY INJUNCTION ORDER AS TO CERTAIN DEFENDANTS, signed by the Honorable Matthew F. Kennelly on 2/25/2025.

MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 3/4/2025. Oral argument heard on the movant Shopify Inc.'s motion for leave to respond 50. The movant's motion for leave to respond 50 is taken under advisement. The Court will set a status hearing at a later date. Mailed notice.

MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/19/2025: Plaintiff and Shopify are each directed to make a supplemental submission, by March 26, 2025, as outlined in the Court's Memorandum Opinion and Order. A further telephonic status hearing is set for April 2, 2025 at 9:05 a.m., using call-in number 650-479-3207, access code 2305-915-8729. The temporary restraining order issued against the defendants using the Shopify platform-which TV Tokyo, as yet, has been unable to serve upon them due to Shopify's refusal to provide contact information-is hereby extended through April 2, 2025.

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 10

MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Motion for a First Extension of Time to File A Supplemental Memorandum [Dkt. No. 65]

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of time 67 is granted to the following extent: the filing deadline for both sides is extended to 12:00 noon on 3/28/2025. This deadline will not be extended again.

SUPPLEMENT to (Third-Party Shopify Inc.'s Response to the Court's March 19, 2025 Order [ECF 65])

(Declaration of Anthony Pallotta)

MEMORANDUM by TV Tokyo Corporation Plaintiff's Supplemental Memorandum in Response to the March 19, 2025 Opinion and Order [Dkt. No. 65]

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

Exhibit G

Exhibit H

Exhibit I

Exhibit J

(Exhibit K)

ATTORNEY Appearance for Movant Shopify Inc. by Caitlin Marie Barry

MOTION by Movant Shopify Inc. for leave to file

(Supplement Response)

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/2/2025. Movant Shopify's motion for leave to file 72 is granted. Movant Shopify is directed to file the response to the plaintiff's supplemental memorandum as a separate docket entry. Plaintiff's motion to compel 39 is denied for the reasons stated on the record. The case is set for a telephonic status hearing on 6/10/2025 at 8:50 a.m. The plaintiff is directed to file a status report by 6/3/2025. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. 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.

RESPONSE by Movant Shopify Inc.

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 173

STATUS Report by TV Tokyo Corporation

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report. The telephonic status hearing set for 6/10/2025 is vacated and reset to 7/18/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff is directed to file a further status report on 7/11/2025.

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 7/11/2025, answer due 8/1/2025.

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

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

STATUS Report by TV Tokyo Corporation

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report. The telephonic status hearing set for 7/18/2025 is vacated and reset to 8/26/2025 at 9:05 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. The deadline for filing any motion(s) for default judgment as to non-responding defendants is 8/19/2025.

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 206

MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiffs Motion for a First Extension of Time to File its Motion for Entry of Default and Default Judgment [Dkt. No. 82]

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

(Supplemental Chart)

MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment, 86

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 86

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for a one-day extension of time to file its motion for default judgment 84 is granted.

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

(Exhibit A)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for default judgment 86 is granted. Final Default Judgment Order to follow. Civil case terminated. Mailed notice.

FINAL DEFAULT JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 8/25/2025. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MOTION by Plaintiff TV Tokyo Corporation to vacate Plaintiff's Motion to Vacate

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to vacate 94 is granted. The default judgment entered on 8/25/2025 is vacated as to defendant Party Expert only.

SATISFACTION of Judgment

NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 213

SATISFACTION of Judgment