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[+]
1
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2024-06-20 |
COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22160947. |
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Exhibit 1 |
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(Exhibit 2) |
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2
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2024-06-20 |
CIVIL Cover Sheet |
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3
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2024-06-20 |
ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl |
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4
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2024-06-20 |
ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac |
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5
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2024-06-20 |
ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray |
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6
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2024-06-20 |
ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by John Wilson |
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7
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2024-06-20 |
MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal |
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8
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2024-06-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Schedule A |
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[+]
9
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2024-06-20 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation |
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CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). |
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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. |
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10
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2024-06-21 |
MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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11
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2024-06-21 |
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 |
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12
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2024-06-21 |
MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, 11 |
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Declaration Saiki Declaration |
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Exhibit 1 |
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Exhibit 2 |
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Declaration Hierl Declaration |
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Exhibit Hierl Exhibit 1 |
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Exhibit Hierl Exhibit 2 |
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Exhibit Hierl Exhibit 3 |
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(Exhibit Hierl Exhibit 4) |
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13
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 1 of Saiki Declaration |
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14
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 2 of Saiki Declaration |
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15
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 3 of Saiki Declaration |
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16
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 4 of Saiki Declaration |
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17
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 5 of Saiki Declaration |
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18
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 6 of Saiki Declaration |
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19
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 7 of Saiki Declaration |
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20
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 8 of Saiki Declaration |
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21
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 9 of Saiki Declaration |
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22
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 10 of Saiki Declaration |
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23
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 11 of Saiki Declaration |
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24
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 12 of Saiki Declaration |
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25
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 13 of Saiki Declaration |
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26
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 14 of Saiki Declaration |
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27
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 15 of Saiki Declaration |
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28
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 16 of Saiki Declaration |
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29
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 17 of Saiki Declaration |
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30
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 18 of Saiki Declaration |
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31
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 19 of Saiki Declaration |
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32
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 20 of Saiki Declaration |
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33
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 21 of Saiki Declaration |
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34
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 22 of Saiki Declaration |
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35
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 23 of Saiki Declaration |
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36
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 24 of Saiki Declaration |
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37
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 25 of Saiki Declaration |
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38
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2024-06-21 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 26 of Saiki Declaration |
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39
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2024-06-21 |
Notice of Claims Involving Trademarks by TV Tokyo Corporation |
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40
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2024-06-21 |
MAILED trademark report to Patent Trademark Office, Alexandria VA |
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41
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2024-06-21 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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42
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2024-06-21 |
MAILED copyright report to Registrar, Washington DC |
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43
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2024-06-23 |
MINUTE entry before the Executive Committee: Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings pursuant to the provisions of 28 USC 294(b). The receiving judge will receive equalization credit. Mailed notice. |
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(Request for Reassignment) |
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44
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2024-06-27 |
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 7 is granted. Both Schedule A 8 and Exhibit 3 to the Declaration of Hiroaki Saiki 13 38 shall remain sealed until further court order. Plaintiff's motion to exceed the page limitation 10 is granted. Mailed notice. |
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45
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2024-07-11 |
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 11. 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 7/25/24, 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. The motion for a TRO 11 will remain under advisement until the joinder issue is resolved. Emailed notice. |
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46
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2024-07-25 |
AMENDED complaint by TV Tokyo Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
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Exhibit 1 |
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47
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2024-07-25 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A |
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48
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2024-07-26 |
MINUTE entry before the Honorable LaShonda A. Hunt: 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 electronic publication 11 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. By 7/30/24, Plaintiff is ordered to submit a proposed TRO order to the Court's proposed order inbox. Emailed notice. |
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49
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2024-07-30 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 7/30/2024. Emailed notice. |
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50
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2024-08-06 |
MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
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51
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2024-08-06 |
NOTICE of Motion by Michael A. Hierl for presentment of extension of time 50 before Honorable LaShonda A. Hunt on 8/13/2024 at 10:00 AM. |
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52
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2024-08-08 |
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order 50 is granted in part. The TRO is extended to 8/23/24 for the reasons stated in the order granting the initial TRO 48. No appearance is necessary on 8/13/24. Emailed notice. |
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53
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2024-08-08 |
INJUNCTION BOND in the amount of $ 1,000.00 posted by TV Tokyo Corporation (Document not scanned) |
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54
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2024-08-20 |
MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Nunc Pro Tunc from August 27, 2024 |
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55
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2024-08-20 |
MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction[54] |
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56
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2024-08-20 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[54] |
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57
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2024-08-20 |
NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction[54] before Honorable LaShonda A. Hunt on 8/28/2024 at 10:00 AM. |
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SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
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58
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2024-08-21 |
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 54 is taken under advisement. A telephonic motion hearing is set for 8/29/24, at 9:45AM. 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 8/28/24 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 8/28/24. Emailed notice. |
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59
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2024-08-22 |
CERTIFICATE of Service by John Wilson on behalf of TV Tokyo Corporation |
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60
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2024-08-23 |
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 8/20/2024, answer due 9/10/2024. |
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61
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2024-08-29 |
MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 54, which the Court now considers unopposed because no Defendant filed a notice of objection by the 8/28/24 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 48, 49, 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 59 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 47 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. |
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62
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2024-08-29 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 8/29/2024. Emailed notice. |
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63
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2024-08-29 |
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 62. Summons were executed on 8/20/24 and Defendants' responses to the complaint are due by 9/10/24 60. By 10/10/24, 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. |
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NEW PARTIES: Nice-Dropshipping Store added to case caption. |
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64
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2024-09-23 |
CERTIFICATE of Service by John Wilson on behalf of TV Tokyo Corporation |
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65
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2024-09-23 |
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 |
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(Exhibit A) |
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[+]
66
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2024-09-23 |
MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment 65 |
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Exhibit 1 |
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(Exhibit 2) |
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[+]
67
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2024-09-23 |
DECLARATION of Michael A. Hierl regarding motion for default judgment 65 |
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(Exhibit Hierl Exhibit 1) |
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68
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2024-09-23 |
NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 65 before Honorable LaShonda A. Hunt on 10/1/2024 at 10:00 AM. |
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69
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2024-09-24 |
MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 65 against the remaining defendants identified in Amended Schedule A [65-1]. 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 10/8/24. 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 10/1/24. Emailed notice. |
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70
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2024-09-25 |
CERTIFICATE of Service by Robert Payton Mcmurray on behalf of TV Tokyo Corporation |
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71
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2024-09-26 |
MINUTE entry before the Honorable LaShonda A. Hunt: On 9/25/24, Plaintiff filed a certificate of service 70 which states that it served the Court's 9/24/24 minute order 69 on 9/20/24. By 9/27/24, Plaintiff is directed to file a corrected certificate of service with the date that it served the 9/24/24 minute order on the remaining Defendant listed in Amended Schedule A. Emailed notice. |
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72
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2024-09-26 |
CERTIFICATE of Service by Robert Payton Mcmurray on behalf of TV Tokyo Corporation |
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73
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2024-10-16 |
MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 65 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 $15,000 is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Emailed notice. |
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74
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2024-10-16 |
DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 10/16/2024. Emailed notice. |
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75
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2024-10-17 |
MAILED trademark closing report with certified copies of orders dated 10/16/2024 to Patent Trademark Office, Alexandria VA. |
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76
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2024-10-17 |
MAILED copyright closing report with certified copies of orders dated 10/16/2024 to Registrar, Washington DC. |
