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2025-cv-23009

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

法院:佛罗里达南区法庭
发案日期:2025-07-03
原告:Toho Co., Ltd.
代理律所:Bayramoglu
诉讼类型:商标
# Date Description
[+] 1 2025-07-03 COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto. Filing fees $ 405.00 receipt number AFLSDC-18591026, filed by Toho Co., Ltd.
2 2025-07-03 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.
[+] 3 2025-07-07 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK
4 2025-07-07 Summons Issued as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto.
5 2025-07-07 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 7/7/2025.
[+] 6 2025-07-08 MOTION to Seal Certain Documents per Local Rule 5.4 by Toho Co., Ltd.
[+] 7 2025-07-08 ORDER granting 6 Motion to Seal. Signed by Judge Darrin P. Gayles on 7/8/2025. See attached document for full details.
13 2025-07-31 PAPERLESS ORDER TO SHOW CAUSE. In the Complaint, Plaintiff alleges that the 33 Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A" ("Defendants") have engaged in trademark infringement in this district through the use of the e-commerce stores identified in Schedule A. [ECF Nos. 1, 8-1]. Federal Rule of Civil Procedure 20(a) permits joinder of defendants in the same action where the plaintiff's claims against the defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," and "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2)(A)-(B). The Eleventh Circuit has defined "transaction or occurrence" as "all logically related events entitling a person to institute a legal action against another." Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1323 (11th Cir. 2000) (internal citations omitted), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003). In intellectual property cases, a plaintiff cannot satisfy Rule 20's requirements by merely alleging that multiple defendants have infringed the same patent or trademark. Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1352 (S.D. Fla. 2023). Here, Plaintiff alleges little factual support to show why joinder of all 33 Defendants is proper. Accordingly, on or before August 21, 2025, Plaintiff shall file a memorandum showing why joinder of these Defendants is proper. Signed by Judge Darrin P. Gayles on 7/31/2025.
14 2025-08-21 NOTICE of Voluntary Dismissal ONLY AS TO DEFENDANT NUMBERS 1-3, 10-12, 14-16, 19-25, 28, and 30-33 WITHOUT PREJUDICE by Toho Co., Ltd.
15 2025-08-21 RESPONSE TO ORDER TO SHOW CAUSE re 13 Order to Show Cause, by Toho Co., Ltd.
[+] 16 2025-08-21 MOTION to Seal per Local Rule 5.4 by Toho Co., Ltd.
17 2025-09-19 PAPERLESS ORDER dismissing Defendants 1-3, 10-12, 14-16, 19-25, 28, and 30-33 without prejudice, pursuant to 14 Notice of Voluntary Dismissal. Signed by Judge Darrin P. Gayles on 9/19/2025.
18 2025-09-19 ORDER granting 16 Motion to Seal. Signed by Judge Darrin P. Gayles on 9/19/2025. See attached document for full details.
[+] 19 2025-09-19 AMENDED ORDER granting 16 Motion to Seal. Signed by Judge Darrin P. Gayles on 9/19/2025. See attached document for full details.
23 2025-09-26 SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Toho Co., Ltd. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto served on 9/26/2025, response/answer due 10/17/2025.
[+] 24 2025-09-26 MOTION for Preliminary Injunction by Toho Co., Ltd.
25 2025-09-26 CERTIFICATE OF SERVICE by Toho Co., Ltd. re 24 MOTION for Preliminary Injunction
[+] 26 2025-09-29 Plaintiff's MOTION TO APPEAR REMOTELY FOR PRELIMINARY INJUNCTION HEARING by Toho Co., Ltd.
[+] 27 2025-09-30 PAPERLESS ORDER granting 26 Plaintiff's Motion to Appear Remotely. The October 2, 2025, hearing shall take place by Zoom at 11:00 am. Please use the login information set forth below. https://www.zoomgov.com/j/1616629339?pwd=QAiRaroEkFXjOia6BUyPasZ6IhGms2.1 Meeting ID: 161 662 9339 Passcode: 779944 Signed by Judge Darrin P. Gayles on 9/30/2025.
[+] 29 2025-10-02 ORDER granting 24 Motion for Preliminary Injunction. Signed by Judge Darrin P. Gayles on 10/2/2025. See attached. (mp02)
[+] 30 2025-12-11 Plaintiff's MOTION for Clerk's Entry of Default AS TO DEFENDANT NOS. 4-6, 17-18, 26-27, and 29 as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto by Toho Co., Ltd.
[+] 31 2025-12-11 Clerk's Entry of Default as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto - Motions Terminated: 30 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 12/11/2025.
32 2025-12-15 NOTICE of Voluntary Dismissal as to Defendants No. 7 drawmade, No. 8 yeahmade, No. 9 drawelry by Toho Co., Ltd.
[+] 33 2025-12-16 PAPERLESS ORDER dismissing with prejudice Defendants No. 7 drawmade, No. 8 yeahmade, No. 9 drawelry, pursuant to 32 Notice of Voluntary Dismissal. Signed by Judge Darrin P. Gayles on 12/16/2025.
34 2025-12-18 NOTICE of Voluntary Dismissal as to Defendant 13 HQWoodArt by Toho Co., Ltd.
35 2025-12-18 PAPERLESS ORDER dismissing with prejudice Defendant No. 13 HQWoodArt A63NFB6P59ALT pursuant to 34 Notice of Voluntary Dismissal. Signed by Judge Darrin P. Gayles on 12/18/2025.
[+] 36 2025-12-29 MOTION for Default Judgment AS TO CERTAIN DEFENDANTS by Toho Co., Ltd.
37 2025-12-29 ORDER granting 36 Motion for Default Judgment. Signed by Judge Darrin P. Gayles on 12/29/2025. See attached document for full details.
38 2025-12-29 FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Darrin P. Gayles on 12/29/2025. See attached document for full details.
39 2025-12-30 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK
40 2026-02-10 SATISFACTION OF JUDGMENT re 38 Default Judgment as to Defendant 29 Susoc by Toho Co., Ltd.