最近更新：2025-05-14
2023-cv-15483
| 日期 | 描述 |
|---|---|
| 04/29/2024 | RETURN of U.S. Post Office Receipt, article no. 7001 2510 0005 7681 6566 |
| 04/29/2024 | MAILED trademark report, with certified copy of order dated 4/17/24, to Patent Trademark Office, Alexandria VA |
| 04/18/2024 | MAILED original ten-thousand-dollar ($10,000) surety bond posted by Plaintiff Toho Co., Ltd. to counsel of record for Plaintiff, 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 6566. |
| 04/17/2024 | ENTERED JUDGMENT. Mailed notice. |
| 04/17/2024 | FINAL JUDGMENT ORDER. Signed by the Honorable Jeffrey I Cummings on 4/17/2024: Mailed notice. |
| 04/17/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 47 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 marks and copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice |
| 03/25/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: The 3/29/24 tracking status hearing is stricken and re-set to 4/29/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice |
| 02/12/2024 | CERTIFICATE of Service Proof of Service by Robert Payton Mcmurray on behalf of Toho Co., Ltd. |
| 02/12/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 47 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 2/20/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice |
| 02/09/2024 | DECLARATION of Michael A. Hierl regarding motion for default judgment, 47 附件： 1:(Exhibit Hierl Exhibit 1) |
| 02/09/2024 | MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment, 47 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 02/09/2024 | 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) |
| 02/09/2024 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Toho Co., Ltd. |
| 01/29/2024 | NEW PARTIES: Fun Toys World, Hirobayashi shops, huilixin, JieYangZhen, LIUANDFU, MODGHPT US and Woga Toys added to case caption. |
| 01/26/2024 | PRELIMINARY INJUNCTION: Signed by the Honorable Jeffrey I Cummings on 1/26/2024: Mailed notice. |
| 01/29/2024 | NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 27 |
| 01/26/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 36 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 42 that it provided electronic notice to defendants of the pendency of this case and the motion but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction Order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The 2/2/24 status hearing is stricken and re-set for 3/29/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice |
| 01/11/2024 | CERTIFICATE of Service Proof of Service by Robert Payton Mcmurray on behalf of Toho Co., Ltd. |
| 01/10/2024 | MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 36. In connection with that motion, plaintiff must serve all defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by or before January 17, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. The 1/12/24 and 1/19/24 tracking status hearings are stricken and re-set to 2/2/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice |
| 01/08/2024 | 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 1/5/2024, answer due 1/26/2024. |
| 01/05/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 01/05/2024 | STATUS Report Initial Status Report by Toho Co., Ltd. |
| 01/05/2024 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 36 |
| 01/05/2024 | MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction 36 |
| 01/05/2024 | MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 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. |
| 12/21/2023 | SURETY BOND in the amount of $ 10,000 posted by Toho Co., Ltd. (Document not Imaged) |
| 12/19/2023 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's ex parte motion to extend the temporary restraining order 32 is granted. The previously entered TRO 31 is extended to 1/5/24. The 12/29/23 tracker status hearing is stricken and re-set to 1/19/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice |
| 12/19/2023 | MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
| 12/08/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 12/8/2023. Mailed notice |
| 12/08/2023 | MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's amended complaint 26, amended schedule A 27, and memorandum in support of joinder 28, and finds that joinder of the defendants listed on amended schedule A is proper. Accordingly, plaintiff's motion for leave to file under seal 6 and ex parte motion for a temporary restraining order 10, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process, are granted solely with respect to the defendants included on amended schedule A. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 12/29/23 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice |
| 11/29/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit AA |
| 11/29/2023 | MEMORANDUM by Toho Co., Ltd. Plaintiff's Memorandum in Support of Joinder |
| 11/29/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Amended Schedule A |
| 11/29/2023 | AMENDED complaint by Toho Co., Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 11/16/2023 | MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file excess pages 9 is granted. Plaintiff's motion for leave to file under seal 6 and plaintiff's motion for temporary restraining order 10 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 250 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 11/29/23, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice |
| 11/03/2023 | MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. On or before 1/5/24, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website. Initial tracking status hearing set for 1/12/24 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice |
| 11/01/2023 | EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Jeffrey I Cummings for all further proceedings pursuant to IOP 13(f)(2)(b). Honorable Mary M. Rowland no longer assigned to the case. Signed by Executive Committee on 11/1/2023. |
| 10/31/2023 | Notice of Claims Involving Trademarks by Toho Co., Ltd. |
| 10/31/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 10 of Ueda Declaration |
| 10/31/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 9 of Ueda Declaration |
| 10/31/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 8 of Ueda Declaration |
| 10/31/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 7 of Ueda Declaration |
| 10/31/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 6 of Ueda Declaration |
| 10/31/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 5 of Ueda Declaration |
| 10/31/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 4 of Ueda Declaration |
| 10/31/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 3 of Ueda Declaration |
| 10/31/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 2 of Ueda Declaration |
| 10/31/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 1 of Ueda Declaration |
| 10/31/2023 | MEMORANDUM by Toho Co., Ltd. in support of motion for temporary restraining order, 10 附件： 1:Declaration Ueda Declaration 2:Exhibit 1 3:Exhibit 2 4:Declaration Hierl Declaration 5:Exhibit Hierl Exhibit 1 6:Exhibit Hierl Exhibit 2 7:(Exhibit Hierl Exhibit 3) |
| 10/31/2023 | 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 |
| 10/31/2023 | MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 10/31/2023 | 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. |
| 10/31/2023 | CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 2). |
| 10/31/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toho Co., Ltd. |
| 10/31/2023 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Sealed Schedule A |
| 10/31/2023 | MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal |
| 10/31/2023 | ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Robert Payton Mcmurray |
| 10/31/2023 | ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by William Benjamin Kalbac |
| 10/31/2023 | ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Michael A. Hierl |
| 10/31/2023 | CIVIL Cover Sheet |
| 10/31/2023 | COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21279366. 附件： 1:Exhibit 1 2:(Exhibit 2) |
