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2024-cv-03003

Toho Co., Ltd. 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:2024-04-15
原告:Toho Co., Ltd.
代理律所:HSP
诉讼类型:商标
# Date Description
[+] 1 2024-04-15 COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21855712.
2 2024-04-15 CIVIL Cover Sheet
3 2024-04-15 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Michael A. Hierl
4 2024-04-15 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by William Benjamin Kalbac
5 2024-04-15 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Robert Payton Mcmurray
6 2024-04-15 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by John Wilson
7 2024-04-15 MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal
8 2024-04-15 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Sealed Schedule A
[+] 9 2024-04-15 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toho Co., Ltd.
10 2024-04-16 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
[+] 11 2024-04-22 AMENDED complaint by Toho Co., Ltd. against The Individuals, Corporation, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
12 2024-04-22 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Amended Schedule A
13 2024-04-23 MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
14 2024-04-23 MOTION by Plaintiff Toho Co., Ltd. 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 2024-04-23 MEMORANDUM by Toho Co., Ltd. in support of motion for temporary restraining order, 14
16 2024-04-23 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 to Ueda Declaration
17 2024-04-23 Notice of Claims Involving Trademarks by Toho Co., Ltd.
18 2024-04-23 NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages 13, motion to seal document 7, motion for temporary restraining order, 14 before Honorable Manish S. Shah on 5/1/2024 at 09:45 AM.
19 2024-05-01 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions 7 13 14 are granted, and no appearance is necessary. The 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. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court finds that security in the amount of $10,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices Mailed.
20 2024-05-01 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 5/1/2024. Notices Mailed.
21 2024-05-07 SURETY BOND in the amount of $ 10,000.00 posted by Toho Co., Ltd. (Document not imaged)
22 2024-05-09 MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
23 2024-05-09 NOTICE of Motion by Michael A. Hierl for presentment of extension of time[22] before Honorable Manish S. Shah on 5/14/2024 at 09:45 AM.
24 2024-05-10 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 22 is granted, no appearance on the motion is necessary. The TRO is extended to 5/29/24. Notices Mailed.
25 2024-05-23 MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
26 2024-05-23 MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction 25
27 2024-05-23 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 25
[+] 28 2024-05-23 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 25 before Honorable Manish S. Shah on 5/30/2024 at 09:45 AM.
29 2024-05-28 SUMMONS Returned Executed by Toho Co., Ltd. as to The Individuals, Corporation, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 5/23/2024, answer due 6/13/2024.
30 2024-05-30 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 25 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices Mailed.
[+] 31 2024-05-30 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 5/30/2024. Notices Mailed.
32 2024-07-10 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Toho Co., Ltd.
[+] 33 2024-07-10 MOTION by Plaintiff Toho Co., Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A
[+] 34 2024-07-10 MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment, 33
[+] 35 2024-07-10 DECLARATION of Michael A. Hierl regarding motion for default judgment, 33
36 2024-07-10 NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 33 before Honorable Manish S. Shah on 7/17/2024 at 09:45 AM.
37 2024-07-17 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for entry of default judgment 33 is granted. Enter Default Judgment Order. Terminate civil case. Notices Mailed.
38 2024-07-17 DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 7/17/2024. Notices Mailed.