TV Tokyo Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| TV Tokyo Corporation |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, Yvbunfap, LWEEIN, OXM MALL, Langeriy, Weisidun, noxiang si technology co. LTD, DancingRoom, Romansa, Leifggao, Yueyihe, Yjiayi, Qumonin, Seriffuali, MLINS, Jibingyi, HOKARUA, Howooi, Gongxipen and Recardis |
| 1:2024cv04439 |
| May 30, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Jeremy C Daniel |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 50 NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Filing 49 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for leave to file excess pages #46 is granted. Mailed notice (vcf, ) |
| Filing 48 MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. The plaintiff's motion for a preliminary injunction against defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap and noxiang si technology co. LTD is denied. These defendants challenged whether the Court has personal jurisdiction over them. They contend that, while they each operate websites accessible in Illinois, none sold a single accused product in Illinois. The defendants submitted a declaration and sales data in support of this argument. The plaintiff counters that these defendants offered allegedly infringing products for sale in Illinois and at least one defendant made an infringing sale in Illinois. The plaintiff attached screenshots of websites showing that one could place an allegedly infringing item in an online shopping cart and enter an Illinois address for shipping. The plaintiff has not presented any evidence showing that the plaintiff actually consummated a sale from these defendants and received an allegedly infringing product in Illinois (at the motion hearing, the plaintiff referenced sales data from an online marketplace indicating one defendant had one sale in Illinois, but the plaintiff has not made that data part of the record). As a result, the plaintiff has not met its burden concerning personal jurisdiction. Matlin v. Spin Master Corp., 921 F.3d 701, 705 (7th Cir. 2019) ("Where, as here, the defendants submit evidence opposing the district court's exercise of personal jurisdiction, the plaintiffs must similarly submit affirmative evidence supporting the court's exercise of jurisdiction.") (citation omitted). To the extent that the plaintiff contends that simply filling out the form establishes personal jurisdiction, the Court rejects that notion. For one, it presupposes that the defendants would have shipped the ordered products to Illinois instead of simply taking the plaintiff's money and running. While that would create personal jurisdiction for fraud, it would not create personal jurisdiction for infringement. "Specific personal jurisdiction is appropriate where (1) the defendant has purposefully directed his activities at the forum state or purposefully availed himself of the privilege of conducting business in that state, and (2) the alleged injury arises out of the defendant's forum-related activities." Maitlin, 921 F. 3d at 706. Here, the alleged injury stems from the sale of allegedly infringing products. No sales in Illinois means no forum-related activities tied to the alleged injury. Accordingly, the Court denies the plaintiff's motion for a preliminary injunction as to these defendants and vacates the temporary restraining order as to these defendants. Any restrained assets belonging to these defendants shall be released immediately. Mailed notice (vcf, ) |
| Filing 47 REPLY by Plaintiff TV Tokyo Corporation Plaintiff's Reply in Support of its Motion for Entry of a Preliminary Injunction (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit Group Exhibit C)(Hierl, Michael) |
| Filing 46 MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 45 MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. The plaintiff's motion for an extension of time #43 is granted. The plaintiff's reply is due on July 18, 2024. Without objection, the temporary restraining order against defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap and noxiang si technology co. LTD is extended to July 23, 2024, at 11:00 a.m. Status hearing as to these defendants for July 23, 2024, at 9:30 a.m. Mailed notice (mjc, ) |
| Filing 44 ATTORNEY Appearance for Defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap, noxiang si technology co. LTD by Brian Swift (Swift, Brian) |
| Filing 43 MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Reply in Support of Plaintiff's Motion for Entry of a Preliminary Injunction [Dkt. No. 32] (Hierl, Michael) |
| Filing 42 NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Filing 41 NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Filing 40 RESPONSE by Defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap, noxiang si technology co. LTD to memorandum in support of motion #33 (Attachments: #1 Declaration of Xiaoxiao Liu)(Urbanczyk, Adam) |
| Filing 39 MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap and noxiang si technology co. LTD failed to appear before the Court. Plaintiff's motion for preliminary injunction #32 is granted, excluding defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap and noxiang si technology co. LTD. Motion to set briefing schedule and unseal #37 is granted. Defendants' response to plaintiff's motion for entry for preliminary injunction is due on or before 7/10/2024; any reply is due on or before 7/17/2024. Status hearing is set for 7/18/2024 at 9:30 a.m. The TRO is extended to and through 7/18/2024 for said defendants for the reasons stated on the record. Mailed notice (vcf, ) |
| Filing 38 SUMMONS Returned Executed by TV Tokyo Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 6/28/2024, answer due 7/19/2024. (Hierl, Michael) |
| Filing 37 MOTION by Defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, LWEEIN, Langeriy, Leifggao, MLINS, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap, noxiang si technology co. LTD to set a briefing schedule , and unseal Dkts. 8, 15-23. (Urbanczyk, Adam) |
| Filing 36 ATTORNEY Appearance for Defendants DancingRoom, Gongxipen, HOKARUA, Howooi, Jibingyi, Langeriy, Leifggao, LWEEIN, MLINS, noxiang si technology co. LTD, OXM MALL, Qumonin, Recardis, Romansa, Seriffuali, Weisidun, Yjiayi, Yueyihe, Yvbunfap by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 35 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction #32 before Honorable Jeremy C. Daniel on 7/3/2024 at 09:30 AM. (Hierl, Michael) |
| Filing 34 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #32 (Hierl, Michael) |
| Filing 33 MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction #32 (Hierl, Michael) |
| Filing 32 MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto. (rc, ) |
| Filing 31 MINUTE entry before the Honorable Jeremy C. Daniel: The Plaintiff's ex-parte motion to extend the TRO #16 is granted. The TRO now expires at 11:00 a.m. on 7/4/2024. The motion hearing set for 6/20/2024 stricken. Mailed notice (vcf, ) |
| Filing 30 NOTICE of Motion by Michael A. Hierl for presentment of extension of time #29 before Honorable Jeremy C. Daniel on 6/20/2024 at 09:30 AM. (Hierl, Michael) |
| Filing 29 MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 28 SURETY BOND in the amount of $ 10,000 posted by TV Tokyo Corporation. (Document not scanned) (rc, ) |
| Filing 27 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 6/6/2024. Mailed notice(vcf, ) |
| Filing 26 MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. The plaintiff's motion for leave to file under seal #7 , motion to exceed page limitation #12 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 #13 are granted. Mailed notice (vcf, ) |
| Filing 25 NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document #7 , motion for temporary restraining order, #13 , motion for leave to file excess pages #12 before Honorable Jeremy C. Daniel on 6/6/2024 at 09:30 AM. (Hierl, Michael) |
| Filing 24 Notice of Claims Involving Trademarks by TV Tokyo Corporation (Hierl, Michael) |
| Filing 23 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 9 of Saiki Declaration (Hierl, Michael) |
| Filing 22 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 8 of Saiki Declaration (Hierl, Michael) |
| Filing 21 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 7 of Saiki Declaration (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 6 of Saiki Declaration (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 5 of Saiki Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 4 of Saiki Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 3 of Saiki Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 2 of Saiki Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 Part 1 of Saiki Declaration (Hierl, Michael) |
| Filing 14 MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, #13 (Attachments: #1 Declaration Saiki 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 13 MOTION by Plaintiff TV Tokyo Corporation 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 12 MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (rc,) |
| Filing 10 MAILED trademark report to Patent Trademark Office, Alexandria VA. (rc,) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation (Hierl, Michael) |
| Filing 8 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Schedule A (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 6 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by John Wilson (Wilson, John) |
| Filing 5 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22071485. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hierl, Michael) |
| CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (smb, ) |
| 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. (smb, ) |
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