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, Guangzhou Aya Business Service Co., Ltd., Guangzhou Carplus Auto Accessories Co., Ltd., Guangzhou Dakang Automotive Supplies Co., Ltd., Guangzhou Topwin Metal Accessories Ltd., Guangzhou Yuexing Auto Parts Co., Ltd., Shop1102592038 Store, Shop1102753172 Store, The Right Store, 6840748Wall, AHB2KQBAFWIRR, Bannos Studio, BELOVING STORE, Emeenie, fengnaus, foonicx, GBRTHETHETH, guanshiwangluokejiyouxiangongsi, H Tsinghua, hanrubaihuodian, Huangyingyi, JESUNK, JMmaoyi, LXJMY-US, Ms Bambi, putianshichengxiangqkeshiwumaoyiyouxiangongsi, Rainco, Rvoases, shanxilanlinghuaipingshangmaoyouxiangongsi, TLCcollections, WangleSHOP, WWPang-North, Youwei Direct, ZhangjianSHOP, ZhaoStore, 16.0-car-engine, 51jielin-gift, allextr, ant_car_store, archedd, autoaccessories08, autopartoemstore, auto-parts-shop-01, auto-parts-shop-04, benedettodirect, bestaroo, best-sales86, black_wuchang, blsdwealth, chassiss, dhunters, dsaitech1, dshomesale, dssky_38, dysshop, e-autozone, e-bay-autoparts, edgeshop123, fender6, filterfilter12, foglight3, fullfortune, ghostopp, grillone0, hongda2023, hongkonghuidatech-0, hongyner, hotclub, jhyq88, jj-autolights, jowin-ic, kunhangautopartbulbstore, lattelatte, lingxiarenle, makuang1688, markassign, mayflora123, motorresistor, my-artcorner, newsmet, original-siwiqi, partsauto_13, postshow, quickdog-autopart, rastore986, rose210142, shopmallht, singrysingry, sportshhom, summertop1, taishan-auto, trust-major, w-100kg, waterpump, winamt, wuk-carpart, yihuit-autoshop, zcauto-park, zcdeals, zdautoparts8, zhaku-8, zhixuntongparts, zorasen, zsaitech, zssmartapp, Jining jinhuixuan shangmaoyouxian gongsi, QianMai, azhobbyshop, everything tastes great and Style Street |
| 1:2023cv14024 |
| September 22, 2023 |
| U.S. District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 41 MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the plaintiff's status report #39 , which indicates that plaintiff is continuing settlement negotiations with certain defendants and intends to move for default as to those that have not answered or otherwise appeared by the 11/27/23 deadline in due course. Mailed notice (cc, ) |
| Filing 40 NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants (Joseph, Justin) |
| Filing 39 STATUS Report pursuant to #35 by Toyota Motor Sales, U.S.A., Inc. (Attachments: #1 Exhibit A)(Gaudio, Justin) |
| Filing 38 NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants (Joseph, Justin) |
| Filing 37 SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/6/2023, answer due 11/27/2023. (Attachments: #1 Declaration of Trevor C. Talhami, #2 Exhibit A)(Talhami, Trevor) |
| Filing 36 NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants (Joseph, Justin) |
Filing 35
ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This case has been re-assigned to the initial calendar of Judge Jeffrey I. Cummings. All previously set status and motion hearing dates are stricken. All previously set discovery deadlines and briefing schedules remain intact. Signed by the Honorable Jeffrey I Cummings on 10/30/2023: Mailed notice. (tg, )
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| Filing 34 NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendant (Joseph, Justin) |
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Filing 33
GENERAL ORDER 23-0040: EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeffrey I. Cummings; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Jeffrey I. Cummings; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeffrey I. Cummings' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's criminal case assignment system ninety (90) days so that Judge Cummings shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeffrey Cummings for all further proceedings. Honorable Lindsay C. Jenkins no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/26/2023. (td, )
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| Filing 32 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (ph, ) |
| Filing 31 MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 (List of Trademark, Ex. 1))(ph, ) |
| Filing 30 NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants (Joseph, Justin) |
| Filing 29 PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 10/17/2023. Mailed notice. (jlj, ) |
| Filing 28 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction #23 is granted. Plaintiff's filings establish that it 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 #27 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 no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain, Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. (jlj, ) |
| NEW PARTIES: Guangzhou Aya Business Service Co., Ltd., Guangzhou Carplus Auto Accessories Co., Ltd., Guangzhou Dakang Automotive Supplies Co., Ltd., Guangzhou Topwin Metal Accessories Ltd., Guangzhou Yuexing Auto Parts Co., Ltd., Shop1102592038 Store, Shop1102753172 Store, The Right Store, 6840748Wall, AHB2KQBAFWIRR, Bannos Studio, BELOVING STORE, Emeenie, fengnaus, foonicx, GBRTHETHETH, guanshiwangluokejiyouxiangongsi, H Tsinghua, hanrubaihuodian, Huangyingyi, JESUNK, JMmaoyi, LXJMY-US, Ms Bambi, putianshichengxiangqkeshiwumaoyiyouxiangongsi, Rainco, Rvoases, shanxilanlinghuaipingshangmaoyouxiangongsi, TLCcollections, WangleSHOP, WWPang-North, Youwei Direct, ZhangjianSHOP, ZhaoStore, 16.0-car-engine, 51jielin-gift, allextr, ant_car_store, archedd, autoaccessories08, autopartoemstore, auto-parts-shop-01, auto-parts-shop-04, benedettodirect, bestaroo, best-sales86, black_wuchang, blsdwealth, chassiss, dhunters, dsaitech1, dshomesale, dssky_38, dysshop, e-autozone, e-bay-autoparts, edgeshop123, fender6, filterfilter12, foglight3, fullfortune, ghostopp, grillone0, hongda2023, hongkonghuidatech-0, hongyner, hotclub, jhyq88, jj-autolights, jowin-ic, kunhangautopartbulbstore, lattelatte, lingxiarenle, makuang1688, markassign, mayflora123, motorresistor, my-artcorner, newsmet, original-siwiqi, partsauto_13, postshow, quickdog-autopart, rastore986, rose210142, shopmallht, singrysingry, sportshhom, summertop1, taishan-auto, trust-major, w-100kg, waterpump, winamt, wuk-carpart, yihuit-autoshop, zcauto-park, zcdeals, zdautoparts8, zhaku-8, zhixuntongparts, zorasen, zsaitech, zssmartapp, Jining jinhuixuan shangmaoyouxian gongsi, QianMai, azhobbyshop, everything tastes great and Style Street added to case caption. (Gaudio, Justin) |
| Filing 27 CERTIFICATE of Service by Plaintiff Toyota Motor Sales, U.S.A., Inc. regarding order on motion for preliminary injunction,,,,, text entry,,,,, set motion and R&R deadlines/hearings,,,, #26 (Attachments: #1 Exhibit A)(Talhami, Trevor) |
| Filing 26 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion #23 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 by October 13, 2023." 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 one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. (jlj, ) |
| Filing 25 SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/6/2023, answer due 10/27/2023. (Attachments: #1 Declaration of Trevor C. Talhami, #2 Exhibit A)(Talhami, Trevor) |
| Filing 24 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for preliminary injunction #23 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 23 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for preliminary injunction as to certain Defendants (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 22 NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to a certain Defendant (Joseph, Justin) |
| Filing 21 SURETY BOND in the amount of $ 10,000.00 posted by Toyota Motor Sales, U.S.A., Inc. (Document not scanned). (jg, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jxm, ) |
| Filing 20 SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 9/28/2023. Mailed notice. (jlj, ) |
| Filing 19 SEALED ORDER written by the Honorable Lindsay C. Jenkins on 9/28/2023.Mailed notice.(jlj, ) (Main Document 19 replaced on 9/28/2023) (jlj, ). |
| Filing 18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 17 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief #16 (Gaudio, Justin) |
| Filing 16 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 15 SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Exhibit 3 - Parts 1-5 regarding declaration #14 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3, #4 Exhibit 3-4, #5 Exhibit 3-5)(Gaudio, Justin) |
| Filing 14 DECLARATION of Teena Bohi regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 12 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for temporary restraining order #11 (Gaudio, Justin) |
| Filing 11 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) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (jxm, ) |
| 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. (jxm, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Trevor Christian Talhami (Talhami, Trevor) |
| Filing 9 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin Tyler Joseph (Joseph, Justin) |
| 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 SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 402, receipt number AILNDC-21131138. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
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