2025-cv-01225

COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23046702.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by John Wilson

MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toho Co., Ltd.

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. 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.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 7 for leave to file certain documents temporarily under seal is granted. The Clerk is instructed to maintain the seal on all presently sealed documents until further order of court. Mailed notice.

MINUTE entry before the Honorable Joan B. Gottschall: Enter order. In accordance with the order, plaintiff has until and including 02/18/2025 to show cause why joinder in this case is permissible under Fed. R. Civ. P. 20(a)(2) and Bailie v. Schedule A Defendants, 734 F. Supp. 3d 798 (N.D. Ill. 2024). Mailed notice.

ORDER. Signed by the Honorable Joan B. Gottschall on 2/10/2025. Mailed notice.

ORDER. An initial status report is due on or before 04/08/2025. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at http://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within 14 days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report. See Fed. R. Civ. P. 26(a)(1)(C) and 26(f)(2). If, by the due date of the scheduled status report, defendants have not been served, plaintiff should send an email to the chambers email account, chambers_gottschall@ilnd.uscourts.gov, to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 02/10/2025. Mailed notice.

STANDING ORDER IN "SCHEDULE A" CASES Signed by the Honorable Joan B. Gottschall on 02/10/2025. Mailed notice.

AMENDED complaint by Toho Co., Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Amended Schedule A

MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Toho Co., Ltd. for temporary restraining order Plaintiff's Ex-Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint and Expedited Discovery

MEMORANDUM by Toho Co., Ltd. in support of motion for temporary restraining order, 20

Declaration Ueda Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

Exhibit Hierl Exhibit 4

(Declaration L. Figueroa Declaration)

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 1 to L. Figueroa Declaration

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 19 for leave to exceed the Local Rule 7.1 page limit is granted. Plaintiff's memorandum of law 21 in support of its ex parte motion 20 for temporary restraining order is deemed filed with leave of court under Local Rule 7.1. Plaintiff filed one of the exhibits 22 to its motion for temporary restraining order under seal but did not move under Local Rule 26.2 for leave to file under seal. Plaintiff is given until and including April 2, 2025, to file a motion to seal the exhibit 22. Mailed notice

MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 24 for leave to file certain documents under seal is granted. The Clerk is instructed to maintain the seal on ECF Nos. 18 and 22 until further order of court. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' ex parte motion 20 for entry of a temporary restraining order is denied without prejudice for the reasons given in the following paragraphs of this court's standing order 16 in "Schedule A" cases: ¶¶ 6, 7, and 8. Mailed notice

MOTION by Plaintiff Toho Co., Ltd. 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

MEMORANDUM by Toho Co., Ltd. in support of motion for temporary restraining order, 27

Declaration Ueda Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit to Ueda Declaration

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Toho Co., Ltd.

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff is given until and including April 14, 2025, to file: (i) a motion to seal the exhibit 29 to its renewed motion for a temporary restraining order; and (ii) a Local Rule 7.1 motion for leave to exceed the fifteen-page limit as to its twenty-seven-page supporting memorandum of law 28. Failure to file the appropriate motion by the deadline will result respectively in: (i) the exhibit being unsealed; and/or (ii) the memorandum being stricken. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: In its renewed motion 27 for a temporary restraining order, plaintiff proceeds ex parte against defendant, but plaintiff served 30 the motion upon the third-party service provider named in its proposed temporary restraining order. The third-party provider has until and including noon Central Time on April 18, 2025, to file a written response to, or request a hearing on, plaintiff's motion for temporary restraining order. Plaintiff must serve the third-party provider with a copy of this order and file a certificate of service by noon on April 11, 2025. In its supporting memorandum of law 28, plaintiff makes no effort to demonstrate that it exercised reasonable diligence to investigate defendant's mailing address. See Standing Order in "Schedule A" Cases ¶ 7, ECF No. 16 (citing Luxottica Grp. S.P.A. v. Defs. Identified on Schedule A, 391 F. Supp. 3d 816, 82021 (N.D. Ill. 2019)). Language authorizing service of the summons and complaint by electronic means will therefore be stricken from the proposed temporary restraining order unless plaintiff files a supplemental memorandum of law on or before April 17, 2025, explaining why service by electronic means is appropriate at this juncture, before plaintiff has conducted a reasonably diligent investigation of any mailing address for defendant produced in discovery. Mailed notice

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Toho Co., Ltd.

(Exhibit A)

MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal

MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 34 for leave to file certain documents temporarily under seal is granted. The Clerk is instructed to maintain the seal on all presently sealed documents until further order of court. Plaintiff's motion 35 for leave to exceed the Local Rule 7.1 page limit is granted. Plaintiff's memorandum of law 28 in support of its motion for temporary restraining order is deemed filed with leave of court under Local Rule 7.1. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: The deadline 32 to object to, or request a hearing on, plaintiff's motion 27 for temporary restraining order has come and gone, and nothing has been received. Upon consideration of the certificate of service 33 filed April 11, 2025, plaintiff's motion 27 for entry of a temporary restraining order is granted. Enter temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for May 16, 2025, at 10:30 a.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 5/2/2025.Mailed notice

MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Joan B. Gottschall: The deadline 37 to request a hearing or file a response has come and gone, and nothing has been received. Accordingly, plaintiff's motion 38 to extend the sealed temporary restraining order 39 to and including May 30, 2025, is granted. Enter order. The preliminary injunction hearing tentatively set for May 16, 2025, at 10:30 AM is stricken and reset to May 30, 2025, at 10:30 a.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Mailed notice

ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 5/14/2025. Mailed notice

SURETY BOND in the amount of $ 1,000.00 posted by Toho Co., Ltd.

MINUTE entry before the Honorable Joan B. Gottschall: The May 27, 2025, deadline 41 to file a motion for preliminary injunction has come and gone, and no motion or request for a hearing has been received. The preliminary injunction hearing tentatively set for 10:30 AM on May 30, 2025, is stricken. Plaintiff is instructed to file a status report by and including June 6, 2025. Mailed notice.

MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant "GreenStar Gifts"

MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction 44

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 44

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 44 before Honorable Joan B. Gottschall on 6/11/2025 at 10:30 AM.

STATUS Report by Toho Co., Ltd.

MINUTE entry before the Honorable Joan B. Gottschall: The presentment hearing noticed 47 for June 11, 2025, at 10:30 AM is stricken. Counsel are reminded of the pertinent portion of Part V.A of Judge Gottschall's civil case management packet: "Motions should not be noticed for hearing but instead should simply be filed." The case management packet is available from Judge Gottschall's page on the court's website, https://www.ilnd.uscourts.gov/Mailed notice

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Toho Co., Ltd.

MINUTE entry before the Honorable Joan B. Gottschall: A hearing on plaintiff's motion for preliminary injunction 44 is tentatively set for June 18, 2025, at 10:30 AM Central Standard Time. Any preliminary injunction hearing will be held by teleconference. The court will rule on plaintiff's motion for preliminary injunction 44 without holding a hearing unless the court receives a request to hold a hearing on or before June 16, 2025. A hearing may be requested by emailing Chambers_Gottschall@ilnd.uscourts.gov. All counsel of record must be copied. Plaintiff may provide notice of the preliminary injunction hearing to defendants in the manner specified in the temporary restraining order. ECF No. 39 ¶ 7. Plaintiff is instructed to file a supplemental certificate of service showing that defendant received notice of this order setting a tentative preliminary injunction hearing. Plaintiff's supplemental certificate of service is due by and including June 12, 2025. Mailed notice

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Toho Co., Ltd.

MOTION by Plaintiff Toho Co., Ltd. Plaintiff's Motion to Direct the Clerk of the Court to Issue a Summons

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 1

MINUTE entry before the Honorable Joan B. Gottschall: This case is dismissed with prejudice pursuant to plaintiff's notice 56 of voluntary dismissal filed June 16, 2025. All pending motions (ECF Nos. 44, 55) are denied as moot. Terminate case.Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: The hearing tentatively set for June 18, 2025, is stricken. Mailed notice

MAILED Trademark report with certified copy of minute order dated 6/16/2025 to Patent Trademark Office, Alexandria VA