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, Dongguan Boheng Gifts Co., Ltd., Dongguan City Taiyao Hardware Products Co., Ltd., Guangzhou HT Auto Parts Co., Ltd., Guangzhou Kaiku Trading Co., Ltd., Xiamen Shengbaijia Industry And Trade Co., Ltd., Yiwu Chiwang Technology Co., Ltd., A022, A031, A1KO6RZ91B91P0, A20416Z4T530DJ, A26CD7790SZKYP, aikedamaoyish, B.ZHANGWEI13, beijinghengmeipengdayunshuyouxiangongsi, Blue Motor Home, bowuqgg, CAEAD, Car Dream Home, CDJKaiYWHChMYXGgS, Dahui Network Media, daliyayadianzishangwu, Dream Xinfc, FengTianayuto, GFFTEO, Glory 518, GNJDOEL, Good item collection cabinet, Good property house flagship store, GuanShanTang, guchengxianhaitaichenshangmaoyouxiangongsi, guchengxianyuewenbanshangmaoyouxiangongsi, GUILIANGBAIHUO, guiyangrongyibaozhuangyouxiangongsi, gwxsmyxgs, Hapyness, hebeiyijingjianbinshangmaoyouxiangongsia, hongshunshop, HsppoYnOK, huachedianadian, jianankuajingdianpu, jianxinShop, JSK-SJ, Kun Ming Ming Liang Shang Mao You Xian Gong Si, KunHangDianZiShangWuYouXianGongSi, kunmingjianzhewangluokejiyouxiangongsiouwen, kunmingnaoyoushangmaoyouxianzerengongsizhaoshilin, kunmingqingquanguojishangmaoyouxiangongsi, LedInfinity, canada_gooses_jacket, dafu03, fang1232, gallery_deptt, heng03, lyq669, mu02, sdwe88, t_shop008, tales01, youth03, liusha7999, liwentingl, luckyfox888, mengqi07, ppartsgarden, pro-auto-parts_5, sawyerdealss, speed-autoo, superpartss, tecool-auto, totohan, trex-auto, ulusky-usa, uyoweputwtwe, worldwidejewe0, xuey2002, zj2068, zq22009 and Eastjing |
| 1:2024cv00949 |
| February 2, 2024 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 37 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Jennifer Van Nacht (Nacht, Jennifer) |
| Filing 36 SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/29/2024, answer due 4/19/2024. (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit A)(Joseph, Justin) |
| Filing 35 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #33 is granted. Defendant No. 48 LedInfinity is dismissed. Plaintiff has already filed the amended Schedule A on the docket #34 . (rao, ) |
| Filing 34 AMENDED exhibit #2 Amended Schedule A (Joseph, Justin) |
| Filing 33 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc.for Leave to Amend Schedule A to the Complaint Instanter (Joseph, Justin) |
| Filing 32 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 3/13/2024. Mailed notice. (jg, ) |
| Filing 31 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction #24 . A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction #24 is granted. Enter Preliminary Injunction. 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 complaint #2 to the court's docket within five business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Mailed notice. (jg, ) |
| NEW PARTIES: Dongguan Boheng Gifts Co., Ltd., Dongguan City Taiyao Hardware Products Co., Ltd., Guangzhou HT Auto Parts Co., Ltd., Guangzhou Kaiku Trading Co., Ltd., Xiamen Shengbaijia Industry And Trade Co., Ltd., Yiwu Chiwang Technology Co., Ltd., A022, A031, A1KO6RZ91B91P0, A20416Z4T530DJ, A26CD7790SZKYP, aikedamaoyish, B.ZHANGWEI13, beijinghengmeipengdayunshuyouxiangongsi, Blue Motor Home, bowuqgg, CAEAD, Car Dream Home, CDJKaiYWHChMYXGgS, Dahui Network Media, daliyayadianzishangwu, Dream Xinfc, FengTianayuto, GFFTEO, Glory 518, GNJDOEL, Good item collection cabinet, Good property house flagship store, GuanShanTang, guchengxianhaitaichenshangmaoyouxiangongsi, guchengxianyuewenbanshangmaoyouxiangongsi, GUILIANGBAIHUO, guiyangrongyibaozhuangyouxiangongsi, gwxsmyxgs, Hapyness, hebeiyijingjianbinshangmaoyouxiangongsia, hongshunshop, HsppoYnOK, huachedianadian, jianankuajingdianpu, jianxinShop, JSK-SJ, Kun Ming Ming Liang Shang Mao You Xian Gong Si, KunHangDianZiShangWuYouXianGongSi, kunmingjianzhewangluokejiyouxiangongsiouwen, kunmingnaoyoushangmaoyouxianzerengongsizhaoshilin, kunmingqingquanguojishangmaoyouxiangongsi, LedInfinity, canada_gooses_jacket, dafu03, fang1232, gallery_deptt, heng03, lyq669, mu02, sdwe88, t_shop008, tales01, youth03, liusha7999, liwentingl, luckyfox888, mengqi07, ppartsgarden, pro-auto-parts_5, sawyerdealss, speed-autoo, superpartss, tecool-auto, totohan, trex-auto, ulusky-usa, uyoweputwtwe, worldwidejewe0, xuey2002, zj2068, zq22009 and Eastjing added to case caption. (Gaudio, Justin) |
| Filing 30 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #28 is granted. Defendants No. 64 mexcol, No. 65 mingxuemotors, No. 66 nexter10, No. 69 rearster-motors, No. 70 rester-motors, No. 72 school06, No. 75 syujs07, No. 77 thingsgood, No. 82 westin-motors, and No. 85 yeah09 are dismissed. Plaintiff has already filed the amended Schedule A on the docket #29 . (rao, ) |
| Filing 29 SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Amended Schedule A regarding exhibit #2 (Joseph, Justin) |
| Filing 28 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for Leave to Amend Schedule A to the Complaint Instanter (Joseph, Justin) |
| Filing 27 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction #24 . The court has taken the motion for preliminary injunction #24 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/11/2024. Plaintiff shall serve defendants with this notice. (rao, ) |
| Filing 26 SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/29/2024, answer due 3/21/2024. (Attachments: #1 Declaration of Trevor C. Talhami, #2 Exhibit A)(Talhami, Trevor) |
| Filing 25 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for preliminary injunction #24 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 24 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for preliminary injunction as to certain Defendants (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 23 SURETY BOND in the amount of $ 10,000 posted by Toyota Motor Sales, U.S.A., Inc. (Document not Imaged) (jh, ) |
| Filing 22 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/20/2024: (rao, ) Modified on 3/14/2024. (jj, ). |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions #3 , #11 , #16 filed by plaintiff Toyota Motor Sales, U.S.A., Inc., the supporting memoranda #12 , #17 , and the temporary restraining order, plaintiff's motions for leave to file certain documents under seal #3 , for electronic service of process #16 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #11 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and the offering of products for sale into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, 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 revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jxm, ) |
| Filing 20 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (rc, ) |
| Filing 19 MAILED trademark report to Patent Trademark Office, Alexandria VA. (rc, ) |
| 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 DECLARATION of Teena Bohi Exhibit 3 Parts 1-5 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) Modified on 3/14/2024. (jj, ). |
| 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) |
| 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 SCHEDULE A by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 3/14/2024. (jj, ). |
| Filing 1 COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 405, receipt number AILNDC-21599347. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| 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. (khg, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (khg, ) |
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