最近更新:2025-05-14
更新

2023-cv-14855

Toho Co., Ltd. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:10/13/2023

法院:伊利诺伊州北区法院

品牌: GODZILLA哥斯拉

律所:HSP

日期 描述
05/14/2024 RETURN of U.S. Post Office Receipt, article no. 7001 2510 0005 7681 6436.
05/06/2024 MAILED original ten-thousand-dollar ($10,000) surety bond posted by Toho Co., Ltd. to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602 via certified mail # 7001 2510 0005 7681 6436
05/02/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA
05/01/2024 FINAL JUDGMENT ORDER Signed by the Honorable Nancy L. Maldonado on 5/1/2024.
05/01/2024 MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held on 5/1/2024. Defendants did not appear. Plaintiff's motion for entry of default and default judgment against the Defendants identified in the amended schedule A 50 is granted. Enter judgment order. Civil case terminated.
04/01/2024 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Toho Co., Ltd.
03/30/2024 MINUTE entry before the Honorable Nancy L. Maldonado: Having received no objection to Plaintiff's motion for entry of default and default judgment 50, the Court directs the Clerk to enter default against all remaining Defendants. A default judgment prove-up hearing is scheduled for 5/1/24 at 10:30 a.m. via WebEx video conference. Plaintiff shall serve Defendants with a copy of this minute order by 4/5/24. The dial in number for the public is 650-479-3207, Access code: 23102507127. The parties will receive a Webex invitation by email.
03/04/2024 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Toho Co., Ltd.
03/04/2024 MINUTE entry before the Honorable Nancy L. Maldonado: Any Defendant objecting to Plaintiff's motion for entry of default and default judgment 50 must enter an appearance and file a written objection by 3/25/24. If no objections are filed, the Court will consider the motion unopposed and proceed to schedule a default judgment hearing. Plaintiff shall electronically serve Defendants with this notice and the motion for entry of default and default judgment 50 including the memorandum 51 and declaration 52 no later than 3/11/24. Mailed notice.
03/01/2024 DECLARATION of Michael A. Hierl regarding motion for default judgment, 50
附件:
1:(Exhibit Hierl Exhibit 1)
03/01/2024 MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment, 50
附件:
1:Exhibit 1
2:(Exhibit 2)
03/01/2024 MOTION by Plaintiff Toho Co., Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A
附件:
1:(Exhibit Amended Schedule A)
03/01/2024 CERTIFICATE of Service by William Benjamin Kalbac on behalf of Toho Co., Ltd.
02/28/2024 NEW PARTIES: 1111Children Clothing Factory Wholesale Store, disney cartoon kids hat wholesale Store, Hello Kitty Baby Dress Store and Set wholesale discount store Store added to case caption.
02/28/2024 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Nancy L. Maldonado on 2/28/2024. Emailed notice
02/28/2024 MINUTE entry before the Honorable Nancy L. Maldonado: The Court directed Defendant to appear by 2/21/24 45. Defendant has not appeared or objected to the motion. Plaintiff's motion for preliminary injunction 41 is therefore granted as unopposed. Enter Preliminary Injunction order. The Clerk is requested to unseal Plaintiff's Amended Complaint 31, Amended Schedule A to the Amended Complaint 32, Exhibit 3 to the Declaration of Joki Ueda 33 and the temporary restraining order 37. Plaintiff's counsel is directed to ensure that the defendants listed on Amended Schedule A are added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Emailed notice
02/07/2024 CERTIFICATE of Service by William Benjamin Kalbac on behalf of Toho Co., Ltd.
02/07/2024 MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for preliminary injunction 41. Plaintiff has filed a certificate of service indicating that it has served Defendants, via electronic service, with a copy of its motion for preliminary injunction and memorandum in support. Defendants shall have until 2/21/24 to appear and object to the entry of a preliminary injunction. If no such appearance or objection is filed, the preliminary injunction may be entered. In light of the time given for Defendants to appear and object, the sealed temporary restraining order 34 is extended until the end of 2/23/24. Plaintiff shall promptly serve Defendants with a copy of this minute entry.
02/07/2024 SUMMONS Returned Executed by Toho Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 2/6/2024, answer due 2/27/2024.
02/06/2024 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
02/06/2024 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 41
02/06/2024 MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction 41
02/06/2024 MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
01/23/2024 SURETY BOND in the amount of $ 10,000.00 posted by Toho Co., Ltd. (Document not scanned)
01/24/2024 MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's ex parte motion to extend the TRO 38 is granted for the reasons stated in the motion. The TRO will expire at the end of 2/9/24. If Plaintiff intends to file a motion for a preliminary injunction, it should do so promptly so that adequate notice of such a motion can be given to Defendants before the TRO expires.
01/23/2024 MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
01/12/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Nancy L. Maldonado on 1/12/2024.
01/12/2024 MINUTE entry before the Honorable Nancy L. Maldonado: In light of the amended Schedule A listing four Defendants and the accompanying screenshots, the Court finds that joinder is now proper. The motion for temporary restraining order 10 is granted for the reasons stated in the motion. Plaintiffs' filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiffs' interests in identifying the individuals and entities operating Defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiffs shows a substantial likelihood of success on the merits (including evidence of active infringement), the harm to Plaintiffs is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Plaintiff shall deposit with the Court a $10,000 bond as security.
01/05/2024 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit AA
01/05/2024 MEMORANDUM by Toho Co., Ltd. Plaintiff's Memorandum in Support of Joinder
01/05/2024 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Amended Exhibit 3 to Ueda Declaration
01/05/2024 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Amended Schedule A
01/05/2024 AMENDED complaint by Toho Co., Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
附件:
1:Exhibit 1
2:(Exhibit 2)
12/28/2023 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.
12/14/2023 MINUTE entry before the Honorable Nancy L. Maldonado: Before the Court rules on Plaintiff's motion for a temporary restraining order, the Court orders Plaintiff to address the issue of joinder of all 249 Defendants. Based on Plaintiff's screenshots, Dkts. 12 - 24, some Defendants appear to be improperly joined because they sell very different products and, contrary to Plaintiff's allegation, do not appear to share "design elements and similarities of the counterfeit products offered for sale." Dkt. 1 at 3. Therefore, Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. The P'ships & Uninc. Ass'ns Identified on 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 1/5/2024, explaining how each Defendant is properly joined. In lieu of the supplemental memorandum, by the same deadline Plaintiff may file an amended complaint with a subset of the defendants along with a memorandum explaining why joinder of those defendants is proper.
10/27/2023 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
10/27/2023 MAILED trademark report to Patent Trademark Office, Alexandria VA.
10/16/2023 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion to seal 6 and motion for leave to file excess pages 9 are granted.
10/13/2023 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, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
10/13/2023 MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10/13/2023 MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal
10/13/2023 COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21217545.
附件:
1:Exhibit 1
2:Exhibit 2

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