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2024-cv-04685

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:2024-06-06
原告:TV Tokyo Corporation
代理律所:HSP
诉讼类型:商标、版权
# Date Description
[+] 1 2024-06-06 COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22111253.
2 2024-06-06 CIVIL Cover Sheet
3 2024-06-06 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl
4 2024-06-06 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac
5 2024-06-06 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray
6 2024-06-06 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by John Wilson
7 2024-06-06 MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal
8 2024-06-06 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Schedule A
9 2024-06-06 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation
10 2024-06-06 CIVIL Cover Sheet
11 2024-06-06 MAILED trademark report to Patent Trademark Office, Alexandria VA
[+] 12 2024-06-06 MAILED copyright report to Registrar, Washington DC
13 2024-06-11 MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
14 2024-06-11 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
[+] 15 2024-06-11 MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, [14]
16 2024-06-11 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 1 of Saiki Declaration
17 2024-06-11 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 2 of Saiki Declaration
18 2024-06-11 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 3 of Saiki Declaration
19 2024-06-11 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 4 of Saiki Declaration
20 2024-06-11 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 5 of Saiki Declaration
21 2024-06-11 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 6 of Saiki Declaration
22 2024-06-11 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 7 of Saiki Declaration
23 2024-06-11 Notice of Claims Involving Trademarks by TV Tokyo Corporation
24 2024-06-11 NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages[13], motion for temporary restraining order, [14], motion to seal document[7] before Honorable LaShonda A. Hunt on 6/18/2024 at 10:00 AM.
25 2024-06-11 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal [7] is granted. The documents filed at [8], [16], [17], [18], [19], [20], [21], and [22] shall remain under seal pending further order of the Court. Mailed notice.
26 2024-06-12 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 250 defendants in this single case and seeks ex parte TRO relief against each of them 14. However, after reviewing the complaint 1, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 6/26/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal an amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on amended Schedule A. Plaintiff's motion for leave to file excess pages 13 is granted. The motion for a TRO 14 will remain under advisement until the joinder issue is resolved. No appearance is necessary on 6/18/24. Mailed notice.
[+] 27 2024-06-26 AMENDED complaint by TV Tokyo Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
28 2024-06-26 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A
29 2024-06-28 MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of Plaintiff's Amended Schedule A 28 reducing the number of defendants from 250 to 1, the Court finds that the case may proceed. 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 14 is granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $1,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Mailed notice.
30 2024-06-28 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 6/28/2024. Emailed a copy to Plaintiff's counsel.
31 2024-07-03 SURETY BOND in the amount of $ 1,000 posted by TV Tokyo Corporation. (Document not Imaged)
32 2024-07-09 MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order Nunc Pro Tunc from July 12, 2024 through July 26, 2024
33 2024-07-09 NOTICE of Motion by Michael A. Hierl for presentment of extension of time[32] before Honorable LaShonda A. Hunt on 7/16/2024 at 10:00 AM.
34 2024-07-10 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex-Parte Motion to Extend the Temporary Restraining Order 32 is granted. The TRO is extended to 7/26/24 for the reasons stated in the order granting the initial TRO 29 30. No appearance is necessary on 7/16/2024. Emailed notice.
35 2024-07-22 MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
36 2024-07-22 MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction 35
37 2024-07-22 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35
[+] 38 2024-07-22 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 35 before Honorable LaShonda A. Hunt on 7/25/2024 at 10:00 AM.
39 2024-07-23 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 7/22/2024, answer due 8/12/2024.
40 2024-07-23 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 35 is taken under advisement. A telephonic motion hearing is set for 8/1/24 at 9:30AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 7/31/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 7/25/24. Emailed notice.
41 2024-07-23 CERTIFICATE of Service by John Wilson on behalf of TV Tokyo Corporation
42 2024-08-01 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 35, which the Court now considers unopposed because no Defendant filed a notice of objection by the 7/31/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO 29 30, 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 41 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, 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 Amended Schedule A 28 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice.
43 2024-08-01 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 8/1/2024. Emailed notice.
[+] 44 2024-08-01 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 43. Summons were executed on 7/23/24 and Defendants' responses to the complaint were due by 8/12/24 39. By 9/13/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice.
45 2024-08-07 MINUTE entry before the Honorable LaShonda A. Hunt: On 8/1/24, the Court entered an order 42 instructing Plaintiff's counsel to ensure that all defendants listed on Amended Schedule A 28 were added to the court's docket. However, Plaintiff's counsel added every defendant listed on original Schedule A 8 to the docket, even though this case is proceeding as to only one of those defendants. By 8/8/24, counsel is directed to correct this error. Emailed notice.
[+] 46 2024-08-26 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
[+] 47 2024-08-26 MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment 46
[+] 48 2024-08-26 DECLARATION of Michael A. Hierl regarding motion for default judgment 46
49 2024-08-26 NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 46 before Honorable LaShonda A. Hunt on 8/29/2024 at 10:00 AM.
50 2024-08-27 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 46 against the remaining defendants identified in Amended Schedule A 28. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 9/10/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 8/29/24. Emailed notice.
51 2024-08-27 CERTIFICATE of Service by John Wilson on behalf of TV Tokyo Corporation
52 2024-08-27 CERTIFICATE of Service by John Wilson on behalf of TV Tokyo Corporation
53 2024-09-13 MINUTE entry before the Honorable LaShonda A. Hunt: The remaining Defendant has not responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 46 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 irreparably harms Plaintiff and confuses the public. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $10,000 is an appropriate award of statutory damages against the remaining defendant. Enter Final Judgment Order. Civil case terminated. Emailed notice. Modified on 9/16/2024.
56 2024-09-13 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 9/13/2024. Emailed notice.
54 2024-09-16 MAILED trademark report with order dated 9/13/2024 to Patent Trademark Office, Alexandria VA
55 2024-09-16 MAILED copyright report with order dated 9/13/2024 to Registrar, Washington DC