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 and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 1:2024cv07632 |
| August 23, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on October 7, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 10/07/2024. Emailed notice (mw, ) |
| Filing 32 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction #27 is granted. Given the service of process on 10/04/2024 (as set forth in the status report), the answer deadline is 10/25/2024. The Plaintiff shall promptly file a return of service. The tracking status hearing of 10/11/2024 is reset to 11/08/2024 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 11/01/2024.If the Defendant does not answer on time, then the Defendant is deemed to be in default, and the Plaintiff shall file a motion for default judgment on 11/01/2024 instead of the status report. Emailed notice (mw, ) |
| Filing 31 SUMMONS Returned Executed by TV Tokyo Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 10/4/2024, answer due 10/25/2024. (Hierl, Michael) |
| Filing 30 STATUS Report by TV Tokyo Corporation (Hierl, Michael) |
| Filing 29 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #27 (Hierl, Michael) |
| Filing 28 MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction #27 (Hierl, Michael) |
| Filing 27 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 Amended Schedule A Hereto (men, ) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the Plaintiff's extension motion #25 is granted through 10/10/2024. The tracking status hearing of 09/27/2024 is reset to 10/11/2024 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 the preliminary injunction motion (if appropriate) by 10/04/2024, as well as a status report by the same deadline. Emailed notice (cn). |
| Filing 25 MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 24 SURETY BOND in the amount of $ 1,000 posted by TV Tokyo Corporation. Document not imaged. (daj, ) |
| Filing 23 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 09/12/2024. Emailed notice (mw, ) |
| Filing 22 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #17 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 #7 for leave to file under seal is granted in light of the asset-restraint goal. By 09/19/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A). The Plaintiff's request for electronic service of process is granted for good cause. The extra-pages motion #16 is granted. The tracking status hearing of 09/13/2024 is reset to 09/27/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 09/20/2024. Emailed notice (mw, ) |
| Filing 21 STATUS Report Initial Status Report by TV Tokyo Corporation (Hierl, Michael) |
| Filing 20 Notice of Claims Involving Trademarks by TV Tokyo Corporation (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 to Saiki Declaration (Hierl, Michael) |
| Filing 18 MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, #17 (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 17 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 16 MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A (Hierl, Michael) |
| Filing 14 AMENDED complaint by TV Tokyo Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hierl, Michael) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 09/13/2024 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 09/04/2024. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 12 MAILED copyright report to Registrar, Washington DC. (jj, ) |
| Filing 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jj, ) |
| Filing 10 MAILED trademark report to Patent Trademark Office, Alexandria VA. (jj, ) |
| 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-22397702. (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. (man, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (man, ) |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
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| Plaintiff: TV Tokyo Corporation | |
| Represented By: | Michael A. Hierl |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | John Wilson |
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