2025-cv-07080

COMPLAINT filed by Toho Co., Ltd.; Filing fee $ 405, receipt number AILNDC-23670680.

Exhibit 1 - TM Registrations

(Status Report Requirements)

Ex. 1 - Registrations

(Executed Summons - Served July 21, 2025)

Exhibit A - Defaulting Defendant

(Exhibit A - Screenshot Copy of Defendant's Storefront)

CIVIL Cover Sheet

Exhibit 2 - CBP

Ex. 2 - CBP

Declaration of Matthew A. Werber

SEALED EXHIBIT by Plaintiff Toho Co., Ltd. - Schedule A to Complaint - regarding complaint 1

Exhibit 3 - IP Rights

Ex. 3 - IP Rights

Unpublished

MOTION by Plaintiff Toho Co., Ltd. to seal document exhibit 3

(Exhibit 4 - DHS)

Ex. 4 - DHS

(Other Unpublished)

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

Ex. 5 - Amended Schedule A

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Matthew A. Werber

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. 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.

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

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Peter Krusiewicz

MINUTE entry before the Honorable Edmond E. Chang: (1.) The motion to file Schedule A under seal 4 is granted given the goal of asset restraint. (2.) But the Court raises the propriety of joinder of the 43 Defendants. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder by 07/16/2025 (filed under seal if needed). In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo specifically explaining why joinder of those defendants is proper. (3.) Initial tracking status hearing set for 07/25/2025 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the ***ATTACHED*** status report requirements (do ***not*** use templates from other cases) by 07/18/2025. Plaintiff must still file the report even if Defendant(s) have not responded to requests to craft a joint report. If not all Defendant(s) have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice

AMENDED complaint by Toho Co., Ltd. against THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A HERETO

MOTION by Plaintiff Toho Co., Ltd.Expedited Discovery and Electronic Service

NOTICE of Motion by Matthew A. Werber for presentment of motion for miscellaneous relief[12] before Honorable Edmond E. Chang on 7/17/2025 at 08:30 AM.

MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for expedited discovery and electronic service as to the remaining defendant in Amended Schedule A, the motion 12 is granted for good cause and to obtain information to provide reasonable notice. The tracking status hearing of 07/25/2025 is reset to 08/22/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report on 08/15/2025 (instead of 07/18/2025). Emailed notice

ORDER GRANTING MOTION FOR EXPEDITED DISCOVERY AND ELECTRONIC SERVICE Signed by the Honorable Edmond E. Chang on 07/15/2025. Emailed notice

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 Toho Co., Ltd. as to THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A HERETO on 7/21/2025, answer due 8/11/2025.

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff did not file the status report, which was due on 8/15/2025. R. 14. The tracking status hearing of 08/22/2025 is reset to 09/05/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the status report by 08/27/2025, or else the case will be dismissed for lack of prosecution. Emailed notice

MOTION by Plaintiff Toho Co., Ltd. for entry of default, MOTION by Plaintiff Toho Co., Ltd. for default judgment as to - Remaining Defaulting Defendants -

MEMORANDUM by Toho Co., Ltd. in support of motion for entry of default, motion for default judgment 20

NOTICE of Motion by Matthew A. Werber for presentment of motion for entry of default, motion for default judgment 20 before Honorable Edmond E. Chang on 9/3/2025 at 08:30 AM.

STATUS Report Joint Status Report by Toho Co., Ltd.

MINUTE entry before the Honorable Edmond E. Chang: On review of the motion for default judgment 20, the Plaintiff shall file a supplement that states where on the docket the screenshots are that show the Defendant's storefront and the infringing good and sale price. If that evidence is not on the docket, then the supplement shall attach the screenshots. The supplement is due no later than 5:00 p.m. on 09/03/2025. The motion hearing of 09/03/2025 is vacated. Emailed notice

SUPPLEMENT to terminate hearings, 24, motion for entry of default, motion for default judgment 20 SUPPLEMENT TO PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT (DKT. 20)

MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely response, the motion for default judgment 20 is granted in part. As explained in the order, judgment is entered in favor of the Plaintiff and against the Defendant in the amount of twenty-five thousand dollars ($25,000). Given the finding of willfulness established by the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The status hearing of 09/05/2025 is vacated. Civil case terminated. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 09/04/2025. Emailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 09/04/2025. Emailed notice