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2025-cv-00444

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:2025-01-15
原告:TV Tokyo Corporation
代理律所:HSP
诉讼类型:商标、版权
# Date Description
[+] 1 2025-01-15 COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22955387.
2 2025-01-15 CIVIL Cover Sheet
3 2025-01-15 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl
4 2025-01-15 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac
5 2025-01-15 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray
6 2025-01-15 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by John Wilson
7 2025-01-15 MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal
8 2025-01-15 SCHEDULE A by Plaintiff TV Tokyo Corporation Sealed Schedule A. Modified on 3/17/2025.
[+] 9 2025-01-15 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation
10 2025-01-16 MAILED trademark report to Patent Trademark Office, Alexandria VA
11 2025-01-16 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
12 2025-01-22 MOTION by Plaintiff TV Tokyo Corporation to expedite Plaintiff's Motion for Expedited Discovery
13 2025-01-22 MOTION by Plaintiff TV Tokyo Corporation Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
[+] 14 2025-01-22 DECLARATION of Hiroaki Saiki
15 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 1 of Saiki Declaration. Modified on 3/17/2025.
16 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 2 of Saiki Declaration. Modified on 3/17/2025.
17 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 3 of Saiki Declaration. Modified on 3/17/2025.
18 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 4 of Saiki Declaration. Modified on 3/17/2025.
19 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 5 of Saiki Declaration. Modified on 3/17/2025.
20 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 6 of Saiki Declaration. Modified on 3/17/2025.
21 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 7 of Saiki Declaration. Modified on 3/17/2025.
22 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 8 of Saiki Declaration. Modified on 3/17/2025.
23 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 9 of Saiki Declaration. Modified on 3/17/2025.
24 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 10 of Saiki Declaration. Modified on 3/17/2025.
25 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 11 of Saiki Declaration. Modified on 3/17/2025.
26 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 12 of Saiki Declaration. Modified on 3/17/2025.
27 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 13 of Saiki Declaration. Modified on 3/17/2025.
28 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 14 of Saiki Declaration. Modified on 3/17/2025.
29 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 15 of Saiki Declaration. Modified on 3/17/2025.
30 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 16 of Saiki Declaration. Modified on 3/17/2025.
31 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 17 of Saiki Declaration. Modified on 3/17/2025.
32 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 18 of Saiki Declaration. Modified on 3/17/2025.
33 2025-01-22 EXHIBITS by Plaintiff TV Tokyo Corporation Exhibit 3 Part 19 of Saiki Declaration. Modified on 3/17/2025.
34 2025-01-22 Notice of Claims Involving Trademarks by TV Tokyo Corporation
35 2025-01-22 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 7, motion for expedited discovery 12, and motion for electronic service of process 13 are granted. The Court notes that plaintiff has not moved for entry of a temporary restraining order. Mailed notice.
36 2025-01-22 SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 1/22/2025.
37 2025-01-29 MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
38 2025-01-29 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
[+] 39 2025-01-29 MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, 38
40 2025-02-04 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to file excess pages 37 and ex parte motion for entry of a temporary restraining order 38 is granted. Enter Sealed Ex Parte Temporary Restraining Order. Preliminary injunction hearing is set for 2/18/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary inunction or motion to extend TRO is to be filed by 2/12/2025. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. In addition if plaintiff waits until too close to the preliminary injunction hearing to serve defendants with summons the Court may deny entry of a preliminary injunction due to inadequate notice of the lawsuit. The Court also wishes to advise plaintiff that because its counsel appear to be using an obsolete version of Word for its draft orders (or saving the orders as old-Word files (.doc) rather than relatively-recent-Word files (.docx) the files tend to cause glitches when the Court attempts to convert them to.pdf files. The Court urges plaintiffs' counsel to update its Word software or be more careful about the format in which it saves the files. Mailed notice.
41 2025-02-04 SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 2/4/2025. Mailed notice.
42 2025-02-06 SURETY BOND in the amount of $ 10,000.00 posted by TV Tokyo Corporation. (Document not imaged)
43 2025-02-12 MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
44 2025-02-12 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of of TRO 43 is granted; the temporary restraining order entered by the COurt on 2/4/2025 is extended through 3/4/2025. The telephonic preliminary injunction hearing set for 2/18/2025 is vacated and reset to 3/4/2025 at 9:05 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction must be filed by 2/28/2025. Plaintiff is again reminded that if it waits until too close to the preliminary injunction hearing to serve defendants with summons the Court may deny entry of a preliminary injunction due to inadequate notice of the lawsuit.
45 2025-02-21 MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Certain Defendants
46 2025-02-21 MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction 45
47 2025-02-21 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 45
49 2025-02-21 SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
50 2025-02-24 SUMMONS Returned Executed by TV Tokyo Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 2/21/2025, answer due 3/14/2025.
51 2025-03-03 MINUTE entry before the Honorable Matthew F. Kennelly: Summons was served electronically in this case on 2/21/2025. No defendant has appeared or answered or filed a response to the motion for preliminary injunction. The telephonic preliminary injunction hearing set for 3/4/2025 is vacated. Plaintiff's motion for entry of a preliminary injunction 45 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Hughes Socol Piers Resnick & Dym Ltd. is ordered to add all defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a telephonic status hearing on 5/5/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff is directed to file a status report on 4/28/2025. Mailed notice.
[+] 52 2025-03-03 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 3/3/2025. Mailed notice.
53 2025-03-17 NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
54 2025-04-01 NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants
[+] 55 2025-04-04 MOTION by Plaintiff TV Tokyo Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A
[+] 56 2025-04-04 MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment 55
[+] 57 2025-04-04 DECLARATION of Michael A. Hierl regarding motion for default judgment 55
58 2025-04-07 MOTION by Plaintiff TV Tokyo Corporation Plaintiff's Motion to Substitute Defendant and Leave to File Amended Complaint
59 2025-04-07 ATTORNEY Appearance for Defendant Baiting by Christopher Paul Keleher
60 2025-04-07 MOTION by Defendant Baiting for extension of time to file answer regarding complaint 1 (UNOPPOSED)
61 2025-04-07 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to substitute defendants and file amended complaint 58 is granted. Plaintiff should now file the amended complaint as a separate docket entry. Summonses are to issue to the newly named defendants. Defendant Baiting's unopposed motion for extension of time 60 is granted; response to complaint is to be filed by 4/28/2025.
62 2025-04-07 MINUTE ENTRY before the Honorable Matthew F. Kennelly: Plaintiff has filed a motion for default judgment as to a number of the remaining defendants and seeks statutory damages awards of $100,000 across the board. The Court has done its best to review the materials submitted by plaintiff regarding the nature and character of the infringement and counterfeiting. Unfortunately this material is submitted in a piecemeal matter--scattered across some 20 exhibits submitted not with the motion for default judgment but rather in connection with the previously-granted motion for a TRO. Plaintiff has made no effort to summarize or compile this information in connection with the motion for default judgment (such as via a spreadsheet describing it on a per-defendant basis). Nor has plaintiff provided any indication of the amount of infringing sales or even the amounts frozen pursuant to the TRO. Based on the Court's review of the aforementioned exhibits, it appears that the nature and character of the infringement differs from defendant to defendant; different images and other trademarked materials are involved and different products and types of products are sold, some for very small dollar amounts and some for larger amounts. The Court therefore focuses on the factors of deterrence and willfulness but also reduces the amount requested to $50,000. If plaintiff wants an across-the-board award amount at the level requested it will need to do a better job of justifying this and, importantly, of compiling for the Court the information it needs to assess what an appropriate statutory award should be.
63 2025-04-17 SATISFACTION of Judgment
64 2025-04-24 SATISFACTION of Judgment
65 2025-04-28 STATUS Report by TV Tokyo Corporation
66 2025-04-29 FINAL DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 4/29/2025: The Court has reviewed plaintiff's status report and also discovered that although it had signed a default judgment order on 4/7/2025 it neglected to enter the order on that date. The Court therefore enters the order now. With regard to the text of the 4/7/2025 minute entry, the Court did not invite, and did not intend to invite, a redo or do-over of plaintiff's motion for default judgment. Nor will it entertain such at this point. The problems noted in the Court's 4/7/2025 minute entry (dkt. 62) all could have should have been anticipated at the time, so correcting them does not serve as a basis for reconsideration of the default judgment amounts that the Court set. The telephonic status hearing set for 5/5/2025 is vacated and reset to 5/28/2025 at 9:00 AM, using call-in number 650-479-3207, access code 2305-915-8729. A joint status report (by plaintiff and any remaining defendants), including a proposed schedule for further proceedings, is to be filed on 5/21/2025.
67 2025-05-01 SATISFACTION of Judgment
[+] 68 2025-05-07 AMENDED complaint by TV Tokyo Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
69 2025-05-07 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A
70 2025-05-07 MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
71 2025-05-07 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
[+] 72 2025-05-07 MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, 71
73 2025-05-07 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 to Saiki Declaration
74 2025-05-08 MINUTE entry before the Honorable Matthew F. Kennelly: The file in this case was previously unsealed, over two months ago. See dkt. no. 51 (order of 3/3/2025). Plaintiff yesterday filed the amended complaint that the Court gave it leave to file a month ago. See dkt. no. 61 (order of 4/7/2025). Plaintiff then filed two sealed documents without obtaining leave of court. See dkt. nos. 69 & 73. It doesn't work that way. Plaintiff needs to obtain leave of court before filing documents under seal; the order initially granting leave to proceed under seal when plaintiff first filed the case a little under four months ago was superseded by the lifting of the seal on 3/3/2025. Because plaintiff's two newly filed motions (for excess pages and for a TRO) are premised on the inappropriately sealed documents, they are denied without prejudice to refiling once plaintiff goes about this the right way 70 71.
75 2025-05-12 SATISFACTION of Judgment
76 2025-05-13 MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal
77 2025-05-13 MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
78 2025-05-13 MOTION by Plaintiff TV Tokyo Corporation for temporary restraining order Plaintiff's Renewed 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
[+] 79 2025-05-13 MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, 78
80 2025-05-13 SEALED EXHIBIT by Plaintiff TV Tokyo Corporation Exhibit 3 to Saiki Declaration regarding memorandum in support of motion, 79
81 2025-05-14 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file excess pages 77, motion to seal 76, and motion for temporary restraining order 78 are set for an in-person hearing on 5/16/2025 at 9:45 AM. Attorney Kalbac and/or attorney Hierl must appear.
82 2025-05-16 MINUTE entry before the Honorable Matthew F. Kennelly: In person motion hearing held on 5/16/2025. Plaintiff's motion to seal document 76 is denied. Plaintiff's motion for leave to file excess page 77 and for temporary restraining order 78 are granted. Telephonic preliminary injunction hearing is set for 5/30/2025 at 9:00 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO must be filed by 5/27/2025. Any motion for preliminary injunction must be accompanied by a certificate stating upon whom and how the motion has been served. The Court may deny entry of a preliminary injunction if there is an insufficient interval between electronic service of process and the preliminary injunction hearing. Mailed notice.
83 2025-05-16 TEMPORARY Restraining Order: Signed by the Honorable Matthew F. Kennelly on 5/16/2025. Mailed notice.
84 2025-05-21 STATUS Report by TV Tokyo Corporation
85 2025-05-22 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report. The telephonic status hearing set for 5/28/2025 is vacated and reset to 6/26/2025 at 8:55 AM, using call-in number 650-479-3207, access code 2305-915-8729. Plaintiff is directed to file a further status report on 6/19/2025. The case remains set for a preliminary injunction hearing on 5/30/2025 as previously scheduled, pending plaintiff's filing of a motion for preliminary injunction or a motion to extend the TRO.
86 2025-05-23 CERTIFICATE of Service by William Benjamin Kalbac on behalf of TV Tokyo Corporation
87 2025-05-27 MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
88 2025-05-28 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of the temporary restraining order 87 is granted; the ex parte TRO entered by the Court on 5/16/2025 is extended through 6/13/2025. The telephonic preliminary injunction hearing set for 5/30/2025 is vacated and reset to 6/13/2025 at 9:05 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion must be filed by 6/10/2025. Plaintiff is reminded that the Court may deny entry of a preliminary injunction if there is an insufficient interval between electronic service of summons and the preliminary injunction hearing.
89 2025-06-10 MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
90 2025-06-10 MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction[89]
91 2025-06-10 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[89]
92 2025-06-11 CERTIFICATE of Service by John Wilson on behalf of TV Tokyo Corporation
93 2025-06-11 MINUTE entry before the Honorable Matthew F. Kennelly: No defendant named in plaintiff's motion for preliminary injunction has appeared or answered or responded to the motion for preliminary injunction. The telephonic preliminary injunction hearing set for 6/13/2025 is vacated. Plaintiff's motion for entry of a preliminary injunction is granted 89. Enter Preliminary Injunction Order. The case is set for a telephonic status hearing on 8/14/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff is directed to file a status report on 8/7/2025. The telephonic status hearing set for 6/26/2025 is vacated. Mailed notice.
94 2025-06-11 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 6/11/2025. Mailed notice.
95 2025-06-20 STATUS Report by TV Tokyo Corporation
[+] 96 2025-07-02 MOTION by Plaintiff TV Tokyo Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment
[+] 97 2025-07-02 MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment 96
[+] 98 2025-07-02 DECLARATION of Michael A. Hierl regarding motion for default judgment 96
99 2025-07-07 MINUTE entry before the Honorable Matthew F. Kennelly: The plaintiff's motion for default judgment 96 is granted. Final Default Judgment Order to follow. Any hearing dates set before this Court are stricken. Civil case terminated. Mailed notice.
100 2025-07-07 FINAL DEFAULT JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 7/7/2025. Mailed notice.