2025-cv-10142

COMPLAINT filed by Capcom Co., Ltd. ; Filing fee $ 405, receipt number AILNDC-23941201.

Exhibit 1

Declaration of Martin F. Trainor

Exhibit 1

Exhibit 3, Part 1

Declaration of Martin F. Trainor

Declaration of Alexander Whang

Exhibit A

Declaration of Martin F. Trainor

SEALED EXHIBIT by Plaintiff Capcom Co., Ltd. Schedule A regarding complaint[1]

Exhibit 2

Exhibit 1

Exhibit 2

Exhibit 3, Part 2

Exhibit 1

Exhibit A

Exhibit 1

MOTION by Plaintiff Capcom Co., Ltd. for Leave to File Certain Documents Under Seal

Exhibit 3

Exhibit 3, Part 3

CIVIL Cover Sheet

Exhibit 4

Exhibit 3, Part 4

CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Laura K. McNally. 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.)

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

Exhibit 5

Exhibit 3, Part 5

Notice of Claims Involving Trademarks by Capcom Co., Ltd.

Exhibit 3, Part 6

ATTORNEY Appearance for Plaintiff Capcom Co., Ltd. by Martin Francis Trainor

Exhibit 3, Part 7

ATTORNEY Appearance for Plaintiff Capcom Co., Ltd. by Sydney Paige Fenton

(Exhibit 3, Part 8)

ATTORNEY Appearance for Plaintiff Capcom Co., Ltd. by Alexander Whang

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MAILED copyright report to Registrar, Washington DC.

MOTION by Plaintiff Capcom Co., Ltd. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Capcom Co., Ltd. in support of motion for miscellaneous relief[13]

DECLARATION of Paul Varley regarding memorandum in support of motion[14]

MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file under seal [3] is granted. Mailed notice.

SEALED EXHIBIT by Plaintiff Capcom Co., Ltd. Exhibit 3, Parts 1-8 regarding declaration[15]

MOTION by Plaintiff Capcom Co., Ltd. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Capcom Co., Ltd. in support of motion for miscellaneous relief[18]

NOTICE of Motion by Martin Francis Trainor for presentment of motion for miscellaneous relief[13], motion for miscellaneous relief[18] before Honorable Charles P. Kocoras on 9/2/2025 at 09:50 AM.

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for electronic service of process [18] and entry of temporary restraining order [13] are granted. Enter temporary restraining order. Presentment hearing scheduled on 9/2/2025 is stricken. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Charles P. Kocoras on 8/29/2025. Mailed notice.

MINUTE entry before the Executive Committee: Case reassigned to the Honorable Matthew F. Kennelly for all further proceedings pursuant to Local Rule IOP 13 (f)(1). Mailed notice

SURETY BOND in the amount of $10,000 posted by Capcom Co., Ltd. (Document not scanned)

MINUTE entry before the Honorable Matthew F. Kennelly: This case has been reassigned to Judge Kennelly. At the Court's instance, the ex parte temporary restraining order entered by Judge Kocoras is extended through 9/26/2025. A telephonic preliminary injunction hearing is set for 9/26/2025 at 8:55 AM, using call-in number 650-479-3207, access code 2305-915-8729. Motion for preliminary injunction is to be filed by 9/22/2025. The Court advises that it may deny entry of a preliminary injunction if there is an insufficient interval between electronic service of summons and the preliminary injunction hearing.

SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships And Unincorporated Associations Identified on Schedule A by Plaintiff Capcom Co., Ltd.

SUMMONS Issued (Court Participant) as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A

SUMMONS Returned Executed by Capcom Co., Ltd. as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 9/22/2025, answer due 10/13/2025.

MOTION by Plaintiff Capcom Co., Ltd. for preliminary injunction

MEMORANDUM by Capcom Co., Ltd. in support of motion for preliminary injunction[29]

MINUTE entry before the Honorable Matthew F. Kennelly: On 9/4/2025, somewhat over two weeks ago, the Court extended the ex parte TRO entered by the previously assigned judge to 9/26/2025, set the preliminary injunction hearing for that date, and specifically advised plaintiff as follows: "The Court advises that it may deny entry of a preliminary injunction if there is an insufficient interval between electronic service of summons and the preliminary injunction hearing." See dkt. 25. Although the previous judge had authorized electronic service even earlier than that, on 8/29/2025, plaintiff waited until today (9/22/2025) to obtain electronic service and filed its motion for preliminary injunction at the same time. Plaintiff's supporting memorandum does not explain the 24-day delay in accomplishing electronic service. That aside, a four-day interval between the service of the relevant papers (the complaint and the motion for preliminary injunction) and the preliminary injunction hearing is insufficient in the Court's view for fair notice, particularly where, as in this case, the defendants are located outside the United States. The Court therefore denies the motion for preliminary injunction [29], without prejudice to the filing of a later motion. The case is set for a telephonic status hearing on 10/6/2025 at 8:45 AM, using call-in number 650-479-3207, access code 2305-915-8729. If plaintiff wishes to continue to pursue the motion for preliminary injunction, it must refile the motion by no later than 9/30/2025, but the Court advises that it does not intend to address the motion before the 19/6/2025 telephonic hearing date.