最近更新：2024-12-25
2022-cv-00336
| 日期 | 描述 |
|---|---|
| 08/21/2022 | SATISFACTION of Judgment |
| 07/06/2022 | SATISFACTION of Judgment |
| 06/21/2022 | SATISFACTION of Judgment |
| 05/11/2022 | MAILED original ten-thousand-dollar ($10,000) surety bond posted by Toho Co., LTD., Keith A. Vogt, of Keith A. Vogt, Ltd., 33 West Jackson Boulevard, Unit #2W, Chicago, IL. 60604 via certified mail # 7021 1970 0001 3330 2490. |
| 05/09/2022 | MINUTE entry before the Honorable John F. Kness: The ten-thousand-dollar ($10,000) surety bond posted by Toho Co., Ltd. is hereby released to Toho Co., Ltd. or its counsel, Keith Vogt, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Toho Co., Ltd. or its counsel, Keith A. Vogt, Keith Vogt, Ltd., 33 West Jackson Boulevard, Unit #2W, Chicago, IL 60604 via certified mail. Mailed notice |
| 05/09/2022 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 5/9/2022. Mailed notice |
| 05/09/2022 | ORDER signed by the Honorable John F. Kness on 5/9/2022. Enter Final Judgment Order. Civil case terminated. Mailed notice |
| 04/25/2022 | CERTIFICATE of Service by Plaintiff Toho Co., Ltd. regarding terminate deadlines and hearings, set deadlines, 29 |
| 04/25/2022 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 27 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 5/6/2022. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice |
| 04/20/2022 | MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment 27 附件： 1:Exhibit 1 2:Exhibit 2 3:(Declaration of Keith A. Vogt) |
| 04/20/2022 | MOTION by Plaintiff Toho Co., Ltd. for default judgment as to The Defendants Identified In The First Amended Schedule A |
| 04/19/2022 | NEW PARTIES: TeeWorkshop Store, TGS TGSStickerHouse Store, That woman Store and The California added to case caption. |
| 04/18/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 04/15/2022 | PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 4/15/2022. Mailed notice |
| 04/15/2022 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 19 is granted. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk 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 in connection with entry of the TRO, 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 21 23 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, despite the Court having provided 22 the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice |
| 03/31/2022 | CERTIFICATE of Service by Plaintiff Toho Co., Ltd. regarding order on motion for extension of time, order on motion for preliminary injunction, terminate deadlines and hearings, set motion and R&R deadlines/hearings, 22 |
| 03/31/2022 | MINUTE entry before the Honorable John F. Kness:Before the Court is Plaintiff's motion 19 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 4/7/2022." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's order entering the TRO, as well as in Plaintiff's earlier motion 18 to extend the TRO, which is granted, the TRO is extended to and including the date on which 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) (under FRCP 65(b), extension of TRO beyond 28 days "becomes in effect a preliminary injunction that is appealable, but the order remains effective.").Mailed notice |
| 03/28/2022 | SUMMONS Returned Executed by Toho Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/28/2022, answer due 4/18/2022. 附件： 1:(Declaration of Service) |
| 03/28/2022 | MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction 19 附件： 1:Declaration of Keith A. Vogt 2:(Exhibit 1, Declaration of Keith Vogt) |
| 03/28/2022 | MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction |
| 03/24/2022 | MOTION by Plaintiff Toho Co., Ltd. for extension of time for Temporary Restraining Order |
| 03/21/2022 | SURETY BOND in the amount of $ 10,000 posted by Toho Co., Ltd. (Document not Imaged) |
| 03/14/2022 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 03/14/2022 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 3/14/2022. Mailed notice. |
| 03/14/2022 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 8, motion for leave to file excess pages 9, and sealed ex parte motion 10 for a temporary restraining order, electronic service of process, and other relief are granted. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2, 10, and 12. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to Defendants. As this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
| 01/24/2022 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 01/24/2022 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 01/21/2022 | SEALED EXHIBIT by Plaintiff Toho Co., Ltd. Sealed Exhibit 2, Declaration of Koji Ueda regarding memorandum in support of motion 11 附件： 1:Exhibit 2-1 2:Exhibit 2-2 3:Exhibit 2-3 4:Exhibit 2-4 5:Exhibit 2-5 6:Exhibit 2-6 7:Exhibit 2-7 8:Exhibit 2-8 9:Exhibit 2-9 10:Exhibit 2-10 11:Exhibit 2-11 12:Exhibit 2-12 13:Exhibit 13 14:Exhibit 2-14 15:Exhibit 2-15 16:Exhibit 2-16 17:Exhibit 2-17 18:Exhibit 2-18 19:Exhibit 2-19 20:Exhibit 2-20 |
| 01/21/2022 | MEMORANDUM In Support of 10 Ex Parte Motion 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, Declaration of Keith Vogt 3:Declaration of Koji Ueda 4:Exhibit 1, Declaration of Koji Ueda |
| 01/21/2022 | MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages |
| 01/21/2022 | MOTION by Plaintiff Toho Co., Ltd. for leave to file [Certain] Documents Under Seal |
| 01/20/2022 | 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. |
| 01/20/2022 | ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Adam Grodman |
| 01/20/2022 | ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Yi Bu |
| 01/20/2022 | ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Yanling Jiang |
| 01/20/2022 | ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Keith A. Vogt |
| 01/20/2022 | CIVIL Cover Sheet |
| 01/20/2022 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Schedule A to Complaint [1] |
| 01/20/2022 | COMPLAINT filed by Toho Co., Ltd.; Filing fee $ 402, receipt number 0752-19072768. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
