Toyota Motor Sales, U.S.A., Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Toyota Motor Sales, U.S.A., Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A and Zhoumin0586 |
| 1:2022cv03853 |
| July 26, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Closing Order dated 9/22/2022)(jh, ) |
| Filing 40 ENTERED JUDGMENT Signed by the courtroom deputy on 09/22/2022. Emailed notice (mw, ) |
Filing 39
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the motion for default judgment #36 is granted. Statutory damages are awarded in the amount of fifty-thousand dollars ($50,000) as requested. Given the finding of willfulness established by the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 09/30/2022 is vacated. Civil case terminated. Emailed notice (mw, )
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| Filing 38 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #37 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 37 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for entry of default, motion for default judgment #36 (Attachments: #1 Exhibit 1)(Christensen, Jake) |
| Filing 36 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for entry of default , MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Christensen, Jake) |
| NEW PARTIES: Zhoumin0586 added to case caption. (Ziegler, Amy) |
| Filing 35 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 08/31/2022. Emailed notice (mw, ) |
| Filing 34 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, motion for preliminary injunction #30 is granted. Given the answer deadline of 09/16/2022, the tracking status hearing of 09/02/2022 is reset to 09/30/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 09/20/2022. If the Defendant has not answered by the 09/16/2022 deadline, then the Defendant is deemed in default and the Plaintiff shall file a motion for default judgment on 09/20/2022. Emailed notice (mw, ) |
| Filing 33 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion to withdraw Isaku Begert as attorney for Plaintiff #29 is granted. Emailed notice (mw, ) |
| Filing 32 SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/26/2022, answer due 9/16/2022. (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit A)(Halpern, Kahlia) |
| Filing 31 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for preliminary injunction #30 (Attachments: #1 Declaration of Jake M. Christensen, #2 Exhibit 1)(Christensen, Jake) |
| Filing 30 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for preliminary injunction (Attachments: #1 Exhibit A)(Christensen, Jake) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (ak, ) |
| Filing 29 MOTION by Attorney Isaku M. Begert to withdraw as attorney for Toyota Motor Sales, U.S.A., Inc.. No party information provided (Begert, Isaku) |
| Filing 28 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the initial TRO, the motion to extend the TRO #26 is granted. The TRO is extended through 09/02/2022. The tracking status hearing of 08/19/2022 is reset to 09/02/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a preliminary injunction motion (if appropriate) by 08/26/2022 or a status report. Emailed notice (mw, ) |
| Filing 27 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of extension of time #26 (Attachments: #1 Declaration of Jake M. Christensen)(Christensen, Jake) |
| Filing 26 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for extension of time of Temporary Restraining Order (Christensen, Jake) |
| Filing 25 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Jake Michael Christensen (Christensen, Jake) |
| Filing 24 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 08/05/2022. Emailed notice (mw, ) |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #15 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #3 for leave to file under seal is granted in light of the asset-restraint goal. By 08/12/2022, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion #15 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 08/19/2022 at 8:30 a.m.. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 08/12/2022. Emailed notice (mw, ) |
| Filing 22 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #21 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 21 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief #20 (Gaudio, Justin) |
| Filing 20 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 19 Declaration of Teena Bohi Exhibit 3 Part 1 by Plaintiff Toyota Motor Sales, U.S.A., Inc. Exhibit 3 - Part 1 regarding declaration #18 . (Attachments: #1 Exhibit 3-1) (Gaudio, Justin) Modified on 9/2/2022 (jh, ). |
| Filing 18 DECLARATION of Teena Bohi regarding memorandum in support of motion #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 16 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for temporary restraining order #15 (Gaudio, Justin) |
| Filing 15 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 14 SCHEDULE A by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding amended complaint, #13 . (Gaudio, Justin) Modified on 9/2/2022 (jh, ). |
| Filing 13 AMENDED complaint by Toyota Motor Sales, U.S.A., Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jh, ) |
| Filing 11 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ey, ) |
| 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. (ey, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Kahlia Roe Halpern (Halpern, Kahlia) |
| Filing 9 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Isaku Begert (Begert, Isaku) |
| Filing 8 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Toyota Motor Sales, U.S.A., Inc. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toyota Motor Sales, U.S.A., Inc. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SCHEDULE A by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint #1 . (Gaudio, Justin) Modified on 9/2/2022 (jh, ). |
| Filing 1 COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 402, receipt number AILNDC-19681590. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
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| Plaintiff: Toyota Motor Sales, U.S.A., Inc. | |
| Represented By: | Amy Crout Ziegler |
| Represented By: | Isaku Begert |
| Represented By: | Kahlia Roe Halpern |
| Represented By: | Justin R. Gaudio |
| Represented By: | Jake Michael Christensen |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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| Defendant: Zhoumin0586 | |
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