TRO101 logo TRO101

2024-cv-03594

TV Tokyo Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

法院：伊利诺伊州北法院
发案日期：2024-05-03
原告：TV Tokyo Corporation
代理律所：HSP
诉讼类型：商标、版权
# Date Description
[+] 1 2024-05-03 COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-21926759.
2 2024-05-03 CIVIL Cover Sheet
3 2024-05-03 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl
4 2024-05-03 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac
5 2024-05-03 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray
6 2024-05-03 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by John Wilson
7 2024-05-03 MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal
8 2024-05-03 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Schedule A
[+] 9 2024-05-03 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation
10 2024-05-06 MAILED copyright report to Registrar, Washington DC
11 2024-05-06 MAILED trademark report to Patent Trademark Office, Alexandria VA
12 2024-05-06 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
13 2024-05-06 MINUTE entry before the Honorable Joan B. Gottschall: Enter order. In accordance with the order, plaintiff has until and including 5/13/2024 to show cause why joinder of defendants is proper. Mailed notice
14 2024-05-06 ORDER Signed by the Honorable Joan B. Gottschall on 5/6/2024. Mailed notice
15 2024-05-13 MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Motion for an Extension of Time
16 2024-05-15 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion [15] for an extension to and including 5/17/2024 of its deadline to brief joinder is granted. The attention of counsel is also called to this court's decision in Bailie et al. v. Schedule A Defendants, No. 24-cv-2150 (N.D. Ill. May 15, 2024), concerning joinder in schedule A cases such as this one. Due to the recency of Bailie, the court on its own motion further extends plaintiff's deadline to brief joinder to and including 5/22/2024.Mailed notice
[+] 17 2024-05-16 AMENDED complaint by TV Tokyo Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
18 2024-05-16 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A
19 2024-05-17 MINUTE entry before the Honorable Joan B. Gottschall: On May 16, 2024, plaintiff exercised its right to amend its complaint "once as a matter of course," dropping its claims against all but two defendants (see doc. nos. 17 and 18). Plaintiff's deadline of 5/22/2024 to show cause why the remaining two defendants are properly joined shall stand. Mailed notice
20 2024-05-22 MOTION by Plaintiff TV Tokyo Corporation for leave to file Plaintiff's Motion for Leave to File a Second Amended Complaint
21 2024-05-24 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 20 for leave to file an amended complaint naming a single defendant is granted. Plaintiff is instructed to file its second amended complaint on or before 5/31/2024. Mailed notice
[+] 22 2024-05-31 Second Amended Complaint AMENDED complaint by TV Tokyo Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
23 2024-05-31 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A
24 2024-06-03 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff having filed its second amended complaint naming a single defendant (see doc. nos. 22 and 23), the deadline 19 to show cause why joinder is proper is stricken as moot. Plaintiff is instructed to file a status report on or before 6/17/2024 indicating how it intends to proceed. Mailed notice
25 2024-06-17 STATUS Report by TV Tokyo Corporation
26 2024-06-24 MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
27 2024-06-24 MOTION by Plaintiff TV Tokyo Corporation 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
[+] 28 2024-06-24 MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, 27
29 2024-06-24 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 to Saiki Declaration
30 2024-06-25 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 26 for leave to exceed the Local Rule 7.1 page limit is granted. Plaintiff has not given notice of its motion 27 for a temporary restraining order to the third-party service providers named in paragraphs two and four of its proposed temporary restraining order. This court's standing order on Lanham Act counterfeiting cases ("standing order") can be found on Judge Gottschall's page on the court's official website at https://www.ilnd.uscourts.gov/. The standing order provides, "Counsel should be aware that pursuant to Seventh Circuit authority, under Fed. R. Civ. P. 65(d)(2), third parties not named in the complaint (typically, for example, Amazon and eBay) cannot be named as in active concert or participation with the defendants unless their active concert or participation is proven AND they receive advance notice and an opportunity to be heard before any such order is entered. Any proposed order not complying with the cases identified here will be rejected. Please see the following cases: Lake Shore Asset Management Limited v. Commodity Futures Trading Commission, 511 F.3d 762 (7th Cir. 2007); United States v. Kirschenbaum, 156 F.3d 784 (7th Cir. 1998); Pow! Entertainment, LLC v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto, 2020 WL 5076715 (N.D. Ill. Aug. 26, 2020)." Plaintiff does not in its supporting memorandum of law 28 reference or attempt to distinguish the authority cited in this court's standing order. Accordingly, plaintiff is instructed to serve the third-party service providers named in its proposed temporary restraining order and file a certificate of service by and including 6/26/2024. Plaintiff must also serve this minute order. The third-party providers have until and including 7/1/2024 to request a hearing on, or file a written response to, plaintiff's motion for temporary restraining order. A hearing may be requested by sending a message, with a copy to all counsel of record, to Chambers_Gottschall@ilnd.uscourts.gov. The court further advises counsel that proposed ¶ 1(f) of the temporary restraining order is overly broad insofar as it can be read as prohibiting defendant from operating a website on which non-infringing goods are offered for sale. Unless plaintiff files an objection on or before 6/27/2024, proposed paragraph 1(f) will be removed from the temporary restraining order.Mailed notice
31 2024-06-26 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of TV Tokyo Corporation
32 2024-07-17 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motions for leave to file under seal (No. 7) and for entry of a sealed temporary restraining order (No. 27) are granted. Enter sealed temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for 7/31/2024 at 10:30 a.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Mailed notice
33 2024-07-17 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 7/17/2024.Mailed notice
34 2024-07-18 SURETY BOND in the amount of $ $1,000.00 posted by TV Tokyo Corporation
35 2024-07-26 MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
36 2024-07-26 MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction 35
37 2024-07-26 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35
38 2024-07-30 MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline 32, the preliminary injunction hearing set for 7/31/2022 is stricken. Plaintiff's motion for preliminary injunction 35 is granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal all documents previously filed under seal in this case. The law firm of Hughes Socol Piers Resnick & Dym, Ltd., is hereby ordered to add ALL defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. The next status report is due on or before 8/27/2024.Mailed notice
39 2024-07-30 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 7/30/2024. Mailed notice
[+] 40 2024-07-31 MINUTE entry before the Honorable Joan B. Gottschall: The Clerk is instructed to issue a single original summons in the name of QY POP Store. Mailed notice
41 2024-08-02 SUMMONS Returned Executed by TV Tokyo Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 8/1/2024, answer due 8/22/2024.
42 2024-08-27 STATUS Report by TV Tokyo Corporation
43 2024-08-28 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff reports 42 that it intends to move for entry of default judgment by 9/5/2024. If a motion for default judgment has not been filed by 9/12/2024, a status report is due on that date. Mailed notice
44 2024-09-06 CERTIFICATE of Service by John Wilson on behalf of TV Tokyo Corporation
[+] 45 2024-09-06 MOTION by Plaintiff TV Tokyo Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A
[+] 46 2024-09-06 MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment 45
[+] 47 2024-09-06 DECLARATION of Michael A. Hierl regarding motion for default judgment 45
48 2024-09-09 MINUTE entry before the Honorable Joan B. Gottschall: Any written response to, or request for hearing on, plaintiff's motion 45 for entry of default and for entry of default judgment is due on or before 9/23/2024. If no written response or request for a hearing is received by the deadline, the court will assume that defendants do not oppose the motion and will rule on the papers. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. Plaintiff is ordered to serve defendants with a copy of this order and file a certificate of service on or before 9/11/2024. Mailed notice
49 2024-09-11 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of TV Tokyo Corporation
50 2024-10-03 MINUTE entry before the Honorable Joan B. Gottschall: The deadline 48 of 9/23/2024 to file a response to or request a hearing on plaintiff's motion 45 for entry of default and default judgment has come and gone, and no objection has been filed. Plaintiff's motion 45 for entry of default and default judgment is granted except for paragraphs four and eight of plaintiff's proposed default judgment. Those paragraphs impose a permanent asset freeze and authorize plaintiff to serve the default judgment upon defendants in perpetuity. Plaintiff has not briefed or justified this relief in its accompanying memorandum 46. On or before 10/10/2024, plaintiff must either justify the relief requested in paragraphs four and eight or send a revised proposed default judgment Proposed_Order_Gottschall@ilnd.uscourts.gov. Mailed notice
51 2024-10-10 MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Motion for Extension of Time
52 2024-10-11 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 51 for an extension to and including 10/11/2024 of its deadline to file a supplemental memorandum (see Doc. No. 50) is granted. Mailed notice.
53 2024-10-11 MEMORANDUM by TV Tokyo Corporation Plaintiff's Supplemental Memorandum in Support of Motion for Entry of Default and Default Judgment
54 2024-10-31 MINUTE entry before the Honorable Joan B. Gottschall: In its supplemental memorandum of law 53, plaintiff argues that the third parties named in paragraphs four and eight of its proposed default judgment and permanent injunction are in active concert or participation with defendants such that the proposed permanent injunction will bind the third parties under Rule 65(d)(2)(C) of the Federal Rules of Civil Procedure. The third parties will be referred to collectively as the "Alibaba parties." Plaintiff gave notice to the Alibaba parties of its motion for a temporary restraining order, and they did not appear or object to the temporary restraining order requiring them to, among other things, freeze defendants' assets while this case remained pending. But the papers served upon the Alibaba parties did not give them notice that plaintiff would be seeking permanent injunctive relief against them at the end of this case. A non-party must be given notice and an opportunity to be heard before the court finds that it is bound by an injunction under Rule 65(d)(2)(C). Nat'l Spiritual Assembly of Baha'is of U.S. Under Hereditary Guardianship, Inc. v. Nat'l Spiritual Assembly of Baha'is of U.S., Inc., 628 F.3d 837, 854 (7th Cir. 2010); Lake Shore Asset Mgmt. Ltd. v. CFTC, 511 F.3d 762, 767 (7th Cir. 2007); Pow! Entm't, LLC v. Defs. Listed on Sched A., 2020 WL 5076715, at *2 (N.D. Ill. Aug. 26, 2020). In view of the permanent injunctive relief plaintiff seeks against the Alibaba parties, they must be given notice and an opportunity to be heard on plaintiff's request that the court find that they are in active concert or participation with defendants. Accordingly, plaintiff is ordered to serve upon the Alibaba parties its motion for default judgment, the accompanying exhibits, its supplemental memorandum 53, its proposed default judgment and permanent injunction, and a copy of this minute order. Plaintiff's certificate of service is due on or before 11/01/2024. If they wish to do so, the Alibaba parties have until and including 11/15/2024 to file a written response to plaintiff's motion for entry of default judgment, as supplemented 53. If the Alibaba parties file a timely response, plaintiff's reply, if any, will be due by and including 11/22/2024. Mailed notice
55 2024-11-01 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of TV Tokyo Corporation
56 2024-12-02 MINUTE entry before the Honorable Joan B. Gottschall: The deadline 54 of 11/15/2024 for the third parties named in ¶¶ 4, 8 of the proposed default judgment to object has come and gone, and the court has heard nothing from the third parties. Accordingly, plaintiff's motion 35 for entry of default judgment is granted. Enter default judgment. Civil case terminated. Mailed notice
57 2024-12-02 FINAL JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 12/2/2024. Mailed notice