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2026-cv-01871

Toho Co., Ltd. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A

法院:纽约南区法院
发案日期:2026-03-06
原告:Toho Co., Ltd.
代理律所:Whitewood
诉讼类型:商标
# Date Description
[+] 1 2026-03-06 COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. (Filing Fee $ 405.00, Receipt Number BNYSDC-32508275)Document filed by Toho Co., Ltd.
2 2026-03-06 CIVIL COVER SHEET filed.
3 2026-03-06 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.
4 2026-03-06 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.
5 2026-03-06 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Hankyu Hanshin Holdings, Inc., Other Affiliate H2O Retailing Corporation for Toho Co., Ltd. Document filed by Toho Co., Ltd.
6 2026-03-06 MOTION to Seal certain documents. Document filed by Toho Co., Ltd.
7 2026-03-06 ***SEALED***REDACTION to [1] Complaint, Shedule A Defendant list by Toho Co., Ltd.Motion or Order to File Under Seal: [6].
8 2026-03-06 ***SEALED***REDACTION to [1] Complaint, Exhibit 3 - infringing evidence by Toho Co., Ltd.Motion or Order to File Under Seal: [6].
9 2026-03-06 EX PARTE MOTION for Temporary Restraining Order. Document filed by Toho Co., Ltd. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
10 2026-03-06 MEMORANDUM OF LAW in Support re: [9] EX PARTE MOTION for Temporary Restraining Order. Document filed by Toho Co., Ltd.
11 2026-03-06 DECLARATION of Shengmao Mu in Support re: [9] EX PARTE MOTION for Temporary Restraining Order. Document filed by Toho Co., Ltd.
12 2026-03-06 DECLARATION of JAY HARVEY PARAGOSO in Support re: [9] EX PARTE MOTION for Temporary Restraining Order. Document filed by Toho Co., Ltd.
13 2026-03-06 ***SEALED***REDACTION to [9] EX PARTE MOTION for Temporary Restraining Order., [11] Declaration in Support of Motion, [10] Memorandum of Law in Support of Motion Exhibit 4 - Plaintiff's effort to locate Defendants's addresses by Toho Co., Ltd.Motion or Order to File Under Seal: [6].
14 2026-03-06 PROPOSED ORDER. Document filed by Toho Co., Ltd. Related Document Number: [9]. Proposed Order to be reviewed by Clerk's Office staff.
[+] 15 2026-03-06 ***SEALED***REDACTION to [1] Complaint, Unredacted Complaint by Toho Co., Ltd.Motion or Order to File Under Seal: [6].
16 2026-03-09 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF).
17 2026-03-09 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights.
[+] 18 2026-03-09 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED and it is ORDERED as follows: 1.As sufficient causes have been shown, Defendants are temporarily enjoined and restrained from engaging in any of the following conduct pending the return date of the Application as referenced below:a.Cease and refrain from manufacturing, advertising, offering for sale,selling, distributing, destroying, selling off, transferring, or otherwise disposing of any Infringing Products;b.Cease and refrain from manufacturing, advertising, offering to sell, selling,reproducing, or distributing any goods utilizing the GODZILLA IP, or any confusingly similar goods, other than genuine products manufactured or distributed by Plaintiff or its authorized manufacturers and distributors;c.Cease and refrain from destroying, selling off, transferring, or otherwisedisposing of any documents, electronically stored information, or financial records or assets of any kind relating to the manufacture, importation, sale, offer for sale, distribution, or transfer of any Infringing Products; d.Cease and refrain from using the GODZILLA IP on or in connection with any Seller Alias that any Defendant may own, operate, or control on any Marketplace;e.Cease and refrain from any and all use of the GODZILLA IP as metatags,on any webpage (including the title of any web page), in any advertising links to other websites, from search engines databases or cache memory,or any other form of use of such terms that are visible to a computer user or serves to direct computer searches to Seller Aliases registered, owned or operated by any Defendant on any Marketplace; and;f.Cease and refrain from altering, disabling, closing, or transferring ownership of any seller alias on any Marketplace during the pendency of this action, or until further Order of the Court. The Clerk of Court is directed to issue a single original summons in the name of "The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A To The Complaint" that shall apply to all Defendants. Plaintiff shall deposit with the Court One Thousand Five Hundred Dollars ($1,500.00), either cash, cashier's check or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Plaintiff shall file unsealed versions of Plaintiff's Schedule A attached to the Complaint, Plaintiff's unredacted version of the Complaint, Exhibit 3 showing the Defendant Internet Stores' infringement, and Exhibit 4 showing Plaintiff's efforts to verify Defendants' addresses using the CM/ECF system prior to the expiration of this Order when Financial Institutions have confirmed that Defendants' funds are frozen and that Plaintiff properly serves Defendants with the Summon and the Complaint, whichever comes later. This Temporary Restraining Order without notice is entered on March 6, 2026, and shall remain in effect for fourteen (14) days. (And as further set forth herein.) (Show Cause Hearing set for 3/20/2026 at 02:00 PM before Judge Katherine Polk Failla., Show Cause Response due by 3/13/2026.), Motions terminated: 6 MOTION to Seal certain documents. filed by Toho Co., Ltd., 9 EX PARTE MOTION for Temporary Restraining Order. filed by Toho Co., Ltd. (Signed by Part One Judge Katherine Polk Failla on 3/6/2026) (jca) Transmission to Finance Unit (Cashiers) for processing.
[+] 19 2026-03-09 STATEMENT OF RELATEDNESS re: that this action be filed as related to 26-cv-1514. Document filed by Toho Co., Ltd.
[+] 20 2026-03-09 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Toho Co., Ltd. Related Document Number: 9. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
[+] 21 2026-03-10 MOTION for Leave to File redacted Complaint. Document filed by Toho Co., Ltd.
[+] 22 2026-03-10 COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. Document filed by Toho Co., Ltd.
23 2026-03-12 ORDER: Pursuant to the Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order (Dkt. No. 18) entered in this action on March 6, 2026, a hearing shall be held March 20, 2026, at 2:00 p.m., concerning Plaintiff's request for a preliminary injunction. The hearing will be held before Judge Loretta Preska, sitting in Part I, in Courtroom 12A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. Any papers in opposition to the entry of a preliminary injunction shall be filed and served on or before March 13, 2026. Plaintiff is hereby directed to serve Defendants with a summons, a copy of the Complaint, the Temporary Restraining Order, and all other relevant papers, pursuant to the procedures described in the Temporary Restraining Order, and to certify service on the docket prior to the March 20, 2026, hearing. SO ORDERED. (Show Cause Hearing set for 3/20/2026 at 02:00 PM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Victor Marrero on 3/12/2026)
24 2026-03-12 MEMO ENDORSEMENT granting [21] Letter Motion for Leave to File Document. ENDORSEMENT: Request GRANTED. Plaintiff's request to submit its complaint in redacted form is granted. SO ORDERED. (Signed by Judge Victor Marrero on 3/12/2026)
25 2026-03-13 FIRST LETTER MOTION to Continue Show Cause Hearing for Preliminary Injunction addressed to Judge Victor Marrero from Shengmao Mu dated March 13, 2026. Document filed by Toho Co., Ltd.
26 2026-03-13 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) shredzshop. Document filed by Toho Co., Ltd. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).