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2024-cv-02232

TV Tokyo Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2024-03-19
原告:TV Tokyo Corporation
代理律所:Keith
诉讼类型:商标、版权
# Date Description
[+] 1 2024-03-19 COMPLAINT filed by TV Tokyo Corporation; Filing fee $ 405, receipt number AILNDC-21758750.
2 2024-03-19 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Schedule A to Complaint 1
3 2024-03-19 CIVIL Cover Sheet
4 2024-03-19 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Keith A. Vogt
5 2024-03-19 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Yanling Jiang
6 2024-03-19 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Yi Bu
7 2024-03-19 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Adam Grodman
8 2024-03-19 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Cameron Eugene Mcintyre
9 2024-03-19 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Monica Rita Martin
10 2024-03-19 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Christopher Romero
[+] 11 2024-03-19 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation
12 2024-03-19 MOTION by Plaintiff TV Tokyo Corporation for leave to file under seal
13 2024-03-19 MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages
[+] 15 2024-03-19 MEMORANDUM in support of [14] Exparte motion
16 2024-03-19 SEALED EXHIBIT by Plaintiff TV Tokyo Corporation Sealed Exhibit 2, Declaration of Hiroaki Saiki regarding memorandum in support of motion, [15]
17 2024-03-20 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for TRO [14] is denied without prejudice. The motion and accompanying declarations and exhibits fail to plausibly show violations of the plaintiff's trademark by numerous defendants. The screenshots of various defendants' stores do not use the trademark. Some that do use the asserted mark, e.g., def. no. 7 at Page ID: 366 in the sealed exhibit 2, are clearly using it in the generic sense, referring to the famous whirlpools of Japan, not the cartoon that is the subject of the plaintiff's infringement claims. Further, to the extent that the plaintiff alleges that the defendants are violating its copyrights rather than its trademarks when they do not use the mark in their product listings, the plaintiff only provides the copyright registrations and not the actual copyrighted works, so it is impossible to tell whether any of the defendant stores are violating its copyrights. The plaintiff has leave to refile its motion by 4/5/24 to cure these defects, including an amended schedule A and renewed declarations and exhibits as necessary. Mailed notice
18 2024-03-20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation
19 2024-04-05 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation [Amended] Schedule A to Complaint [1] and Schedule A [2]
20 2024-04-05 MOTION by Plaintiff TV Tokyo Corporation for leave to file under seal
21 2024-04-05 MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages
[+] 23 2024-04-05 MEMORANDUM in support of [22] Exparte motion
24 2024-04-05 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 1 to the Memorandum in Support [23]
25 2024-04-05 SEALED EXHIBIT by Plaintiff TV Tokyo Corporation [Amended] Sealed Exhibit 3, Declaration of Hiroaki Saiki regarding memorandum in support of motion, [23]
26 2024-04-05 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation [Amended Corrected] Schedule A to Complaint [1];Schedule A [2]; [Amended Corrected] Schedule A
27 2024-04-08 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's renewed ex parte motion for TRO [22] is granted. Plaintiff's motions for leave to file under seal [12] [20] and to exceed page limitation [13] [21] are granted. Enter temporary restraining order. Mailed notice
[+] 28 2024-04-08 SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 4/8/2024. Mailed notice
29 2024-04-11 MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction
[+] 30 2024-04-11 MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction[29]
[+] 31 2024-04-11 SUMMONS Returned Executed by TV Tokyo Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/11/2024, answer due 5/2/2024.
33 2024-04-12 SURETY BOND in the amount of $ 215,000 posted by TV Tokyo Corporation. (Document not Imaged)
32 2024-04-15 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction 29 is taken under advisement. Any objection or response is due before 4/22/24. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before April 22, 2024. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice
34 2024-04-23 MINUTE entry before the Honorable John J. Tharp, Jr:MOn the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction [29] is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 4/30/24 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice
[+] 35 2024-04-23 PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 4/23/2024. Mailed notice
37 2024-04-25 COMPLAINT APPEAL to Complaint by Stikka. (Received via box.com on 04/25/24)
36 2024-04-26 PRO SE Appearance by Defendant Dmitrii Gusev for Stikka. (Received via box.com on 04/26/24) Modified on 4/26/2024.
38 2024-04-29 MINUTE entry before the Honorable John J. Tharp, Jr: Defendant Stikka Amazon Store has appeared through the purported owner, pro se, and filed a "complaint appeal" 37 seeking to lift the TRO against it, which has been converted to a preliminary injunction. The Court construes the filing as a motion to dissolve the preliminary injunction. The plaintiff's response is due 5/13/24; the defendant Stikka may reply by 5/20/24. Mailed notice
[+] 39 2024-05-03 MOTION by Plaintiff TV Tokyo Corporation for default judgment as to The Defendants Identified In The Second Amended Schedule A
[+] 40 2024-05-03 MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment[39]
41 2024-05-05 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
42 2024-05-06 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment [39] is taken under advisement. Any objections or responses are due by May 16, 2024. The plaintiff is directed to provide defendants with notice of the default proceedings against them by May 8, 2024. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order and (2) sending an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. Mailed notice
43 2024-05-06 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal [41] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the defendants listed therein are dismissed from this case. Mailed notice
44 2024-05-06 STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant no. 189 Stikka
45 2024-05-07 MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff's notice of stipulation of dismissal 44 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), defendant no. 189 is dismissed from this case. Defendant's motion to dissolve 37 is denied as moot. Mailed notice
46 2024-05-17 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
47 2024-05-17 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 46 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the defendants identified therein are dismissed Mailed notice
48 2024-05-17 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff is directed to submit a proposed default judgment order to the Court's proposed order inbox, Proposed_Order_Tharp@ilnd.uscourts.gov. Mailed notice
49 2024-05-20 MINUTE entry before the Honorable John J. Tharp, Jr: No defendant having objected, the plaintiff's motion for default judgment [39] is granted. Enter default judgment order. Civil case terminated. Mailed notice
[+] 50 2024-05-20 DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 5/20/2024. Mailed notice
51 2024-05-28 SATISFACTION of Judgment as to defendant no. 81 HencyN02
52 2024-05-28 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 191 SuperLanyard and defendant no. 248 zhouwangyushang
53 2024-05-29 MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 51, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 81. Mailed notice
54 2024-05-29 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 52 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 191 and 248 are dismissed from this case. Mailed notice
55 2024-05-29 RETURN of U.S. Post Office Receipt, article no. 7022 3330 0001 8848 9512
56 2024-07-02 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 227 XUSHIYINGKIDFASHIONSTORE
57 2024-07-03 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 56 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 227 is dismissed from this case. Mailed notice
[+] 58 2024-08-15 SATISFACTION of Judgment as to defendant no. 70 70guangzhoubianqishangmaoyouxiangongsi
59 2024-08-16 MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [58], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 70. Mailed notice
60 2024-09-04 MAIL RETURNED, for document #[59] sent to Stikka returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form (Received by mail in the Clerk's Office on 9/4/2024)
61 2024-12-31 SATISFACTION of Judgment as to defendant no. 140 MIYABI.CoCoRo and defendant no. 231 YEARS
62 2025-01-02 MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [61], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant nos 140 and 231. Mailed notice
63 2025-07-06 SATISFACTION of Judgment as to defendant no. 52 Davoriya
64 2025-07-08 MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [63], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 52. Mailed notice