2025-cv-02304

COMPLAINT filed by Akamatsu Takayoshi; Jury Demand. Filing fee $ 405, receipt number AILNDC-23166663.

(Exhibit 1-3)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Akamatsu Takayoshi by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Akamatsu Takayoshi by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Akamatsu Takayoshi by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Akamatsu Takayoshi by John Wilson

MOTION by Plaintiff Akamatsu Takayoshi to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Akamatsu Takayoshi

CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Maria Valdez. 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 Akamatsu Takayoshi for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Akamatsu Takayoshi 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 Akamatsu Takayoshi in support of motion for temporary restraining order, 11

Declaration Takayoshi Declaration

Exhibit 1-3

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 1 to Takayoshi Declaration

SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 2 to Takayoshi Declaration

SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 3 to Takayoshi Declaration

Notice of Claims Involving Trademarks by Akamatsu Takayoshi

MINUTE entry before the Executive Committee: Case reassigned to the Honorable Georgia N Alexakis for all further proceedings pursuant to Local Rule 28 USC 294(b). Mailed notice

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 Georgia N Alexakis: Plaintiff's motion for leave to file under seal is granted 7. Plaintiff's motion for leave to file excess pages is granted 10. Plaintiff's motion for an ex parte temporary restraining order is denied 11. Plaintiff's memorandum in support of its motion for a temporary restraining order asserts that plaintiff is experiencing "ongoing" and "immediate" harm owing to defendants' alleged infringement of plaintiff's intellectual property. See 12 at 2, 20, 23, 26. This representation is critical in light of Rule 65(b)(1)(A)'s requirement that a court "issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b). Yet plaintiff has submitted documents indicating only that defendants offered for sale the allegedly infringing products in July and August 2024six or seven months ago. See generally 13, 14, 15. Given the lack of evidence that any alleged infringing activity is ongoing, the Court denies plaintiff's motion for an ex parte temporary restraining order without prejudice to renewal. See also Wham-O Holding, Ltd. and Intersport Corp. d/b/a Wham-O v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified in Schedule A, 24 CV 12523, ECF No. 39 at 2 (N.D. Ill. Feb. 20, 2025). Separately, upon review of the complaint and the accompanying Schedule A, the Court sua sponte raises the propriety of joining 51 defendants in a single action. By 3/24/25, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of this Court's orders in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28 (N.D. Ill. Oct. 28, 2024), and Anagragam International v. The Partnerships, 24 CV 12194, Dkt. 87 (N.D. Ill. Feb. 21, 2025). In the alternative, plaintiff has leave to file an amended complaint by 3/24/25 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined.

MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 5/20/25 at 9:30 a.m. in person in Courtroom 1719. By 5/13/25,the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report.

MOTION by Plaintiff Akamatsu Takayoshi for extension of time Plaintiff's Unopposed Motion for an Extension of Time to File an Amended Complaint and Supplemental Memorandum in Support of Joinder

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's request for an extension of time until 3/25/25 to file an amended complaint and supplemental memorandum in support of joinder 23.

AMENDED complaint by Akamatsu Takayoshi 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 Akamatsu Takayoshi Amended Schedule A

MEMORANDUM by Akamatsu Takayoshi Plaintiff's Memorandum in Support of Joinder

SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Sealed Exhibit A

STATUS Report Initial Status Report by Akamatsu Takayoshi

MINUTE entry before the Honorable Georgia N Alexakis:The Court has reviewed plaintiff's status report 29, which reports that defendants have not yet been served. The Court resets the initial status hearing to 6/23/25 at 9:30 a.m.

MINUTE entry before the Honorable Georgia N Alexakis:Plaintiff filed its complaint more than 90 days ago, but the docket reflects that it has not yet served any defendant. The Court vacates the 6/23/25 initial status hearing and orders plaintiff to show good cause by 6/30/25 for its failure to serve defendants. Otherwise, the Court will dismiss this action without prejudice. See Fed. R. Civ. P. 4(m).

MOTION by Plaintiff Akamatsu Takayoshi Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MOTION by Plaintiff Akamatsu Takayoshi to expedite Plaintiff's Motion for Expedited Discovery

NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief[32], motion to expedite[33] before Honorable Georgia N Alexakis on 6/26/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motion for expedited discovery 33 and motion for electronic service of process 32 is granted. No appearance is required on 6/26/25. The Court finds that expedited discovery is warranted to identify defendants. The Court also finds that electronic service does not violate any treaty and is consistent with due process because it is an effective way to communicate with the online marketplace defendants. The Court decides these issues, however, without the benefit of adversarial presentation. If any defendant were to appear and object, the Court will take a fresh look at the issues of electronic service and expedited discovery as well as any issues related to personal jurisdiction. Enter Order, as modified by the Court.

ORDER Signed by the Honorable Georgia N Alexakis on 6/24/25.

RESPONSE by Plaintiff Akamatsu Takayoshi Memorandum in Response to Order of June 18, 2025 [Dkt. No. 31]

MOTION by Plaintiff Akamatsu Takayoshi for extension of time Plaintiff's Motion to Extend Service of Process Deadline

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 38 before Honorable Georgia N Alexakis on 7/14/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: To permit plaintiff additional time to receive contact information for defendants from third parties, the Court grants plaintiff's motion to extend the deadline for service of process until 7/30/25 38. Upon review of plaintiff's response to the Court's June 18, 2025 rule to show cause 37, the Court discharges its show-cause order. The Court nevertheless reminds plaintiff that, the language of Rule 4(m) notwithstanding, the amount of time allowed for foreign service "is not unlimited." Nylok Corp. v. Fastener World Inc., 396 F.3d 805, 807 (7th Cir. 2005); O'Rourke Bros. Inc. v. Nesbitt Burns, Inc., 201 F.3d 948, 951-52 (7th Cir. 2000). The Court "has the discretion to dismiss for want of prosecution if the plaintiff's delay in obtaining service is so long that it signifies failure to prosecute." Williams v. Illinois, 737 F.3d 473, 476 (7th Cir. 2013). No appearance is required on 7/14/25.

SUMMONS Issued (Court Participant) as to Defendant Anime Case Store and all other Defendants identified in the Amended Complaint

ATTORNEY Appearance for Plaintiff Akamatsu Takayoshi by Elizabeth Aubree Miller

SUMMONS Returned Executed by Akamatsu Takayoshi as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 7/17/2025, answer due 8/7/2025.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Akamatsu Takayoshi

MOTION by Plaintiff Akamatsu Takayoshi 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 Akamatsu Takayoshi in support of motion for default judgment 46

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 46

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 46 before Honorable Georgia N. Alexakis on 8/19/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N. Alexakis: Plaintiff seeks entry of default as to Defendant Nos. 1, 2, 7, 12, 16, 19, 20, and 22, the remaining defendant in this matter. Defendant Nos. 1, 2, 7, 12, 16, 19, 20, and 22 have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against Defendant Nos. 1, 2, 7, 12, 16, 19, 20, and 22 is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the Defaulting Defendants must be filed on or before 8/28/25. Plaintiff must serve this minute order upon the Defaulting Defendants within one business day of its entry on the docket and must promptly file proof of that service. The Court re-sets the hearing on plaintiff's motion seeking default judgment as to the Defaulting Defendant from 8/19/25 to 9/4/25 at 9:30 a.m. By 8/28/25, plaintiff is directed to supplement its motion for default judgment with information that would allow the Court to make more precise and individualized damages determinations per Defaulting Defendant. For example, plaintiff could explain what its investigation, aided by expedited discovery 35, unearthed with respect to estimated revenue generated by each Defaulting Defendant through the sale of infringing products, or estimated number of infringing products each Defaulting Defendant sold, or the estimated length of time that each Defaulting Defendant has been engaged in the sale of infringing products. If plaintiff does not have such information (or other information in the same vein), it should explain why it has been unable to obtain it with a reasonable degree of specificity.

CERTIFICATE of Service by John Wilson on behalf of Akamatsu Takayoshi

MEMORANDUM by Akamatsu Takayoshi Plaintiff's Supplemental Memorandum in Support of a $25,000 Damage Award

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

(Exhibit F)

MINUTE entry before the Honorable Georgia N. Alexakis: Defaulting Defendants 1, 2, 7, 12, 16, 19, 20, and 22 have not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 46 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's intellectual property rights irreparably harms Plaintiff and confuses the public. Because this infringement was willful, and after considering the value of Plaintiff's brand, the low price-point of the infringing products, the estimated revenue generated by each Defaulting Defendant [52-6], and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $5,000 is an appropriate award of statutory damages against Defaulting Defendants 1, 2, 7, 12, 19, 20, and 22 and that $15,000 is an appropriate award of statutory damages against Defaulting Defendant 16. Enter Final Judgment Order, as modified by the Court. Civil case terminated.

FINAL Judgment Order Signed by the Honorable Georgia N. Alexakis on 9/3/25.