Toho Co., Ltd. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Toho Co., Ltd. |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 1:2024cv02994 |
| April 15, 2024 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 35 SUMMONS Returned Executed by Toho Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/7/2024, answer due 6/28/2024. (Hierl, Michael) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (jb, ) |
| Filing 34 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of a preliminary injunction #31 will be heard at the telephonic hearing set for 6/10/2024 at 1:30 PM. Any person wishing to be heard on the motion shall file an appearance and contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
| Filing 33 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #31 (Hierl, Michael) |
| Filing 32 MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction #31 (Hierl, Michael) |
| Filing 31 MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Filing 30 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex-parte motion to extend the temporary restraining order #28 is granted. The Court finds good cause to extend the temporary restraining order an additional 14 days to 6/10/2024. Telephonic status hearing set for 5/28/2024 is stricken and reset for 6/10/2024 at 1:30 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
| Filing 29 INJUNCTION BOND in the amount of $ 10,000.00 posted by Toho Co., Ltd. (Document not scanned). (jj, ) |
| Filing 28 MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 27 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 5/13/2024. Mailed notice (lma, ) |
| Filing 26 MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 5/13/2024. For the reasons stated on the record, Plaintiff's motion for leave to file under seal #7 , motion to exceed page limitation #10 , and ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication #11 are granted. The Temporary Restraining Order is granted based on the likelihood of success on the trademark infringement claims only. Enter Sealed Temporary Restraining Order. The Clerk's Office is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint #8 , and (2) Exhibit 3, Parts 1-9 of Ueda Declaration #13 , #14 , #15 , #16 , #17 , #18 , #19 , #20 , and #21 . The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 1:30 p.m. on 5/13/2024 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 5/28/2024 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
| Filing 25 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Supplement Schedule A (Hierl, Michael) |
| Filing 24 MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 4/25/2024. For the reasons stated on the record, Plaintiff's motion for leave to file under seal #7 , motion to exceed page limitation #10 , and ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication #11 are taken under advisement. By 4/29/2024, Plaintiff shall supplement Schedule A to identify which Defendants are alleged to have committed trademark infringement and which are alleged to have committed copyright infringement. Telephonic status hearing set for 5/13/2024 at 1:30 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
| Filing 23 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal #7 , motion to exceed page limitation #10 , and ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication #11 are set for a telephonic motion hearing on 4/25/2024 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
| Filing 22 Notice of Claims Involving Trademarks by Toho Co., Ltd. (Hierl, Michael) |
| Filing 21 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 9 of Ueda Declaration (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 8 of Ueda Declaration (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 7 of Ueda Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 6 of Ueda Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 5 of Ueda Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 4 of Ueda Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 3 of Ueda Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 2 of Ueda Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 1 of Ueda Declaration (Hierl, Michael) |
| Filing 12 MEMORANDUM by Toho Co., Ltd. in support of motion for temporary restraining order, #11 (Attachments: #1 Declaration Ueda Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration Hierl Declaration, #5 Exhibit Hierl Exhibit 1, #6 Exhibit Hierl Exhibit 2, #7 Exhibit Hierl Exhibit 3, #8 Exhibit Hierl Exhibit 4)(Hierl, Michael) |
| Filing 11 MOTION by Plaintiff Toho Co., Ltd. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Filing 10 MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toho Co., Ltd. (Hierl, Michael) |
| Filing 8 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Sealed Schedule A (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 6 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by John Wilson (Wilson, John) |
| Filing 5 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21854114. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hierl, Michael) |
| 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 Andrea R. Wood. Designated as Magistrate Judge the Honorable David Weisman. Case assignment: Random assignment. (Civil Category 2). (khg, ) |
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| Plaintiff: Toho Co., Ltd. | |
| Represented By: | John Wilson |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Michael A. Hierl |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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