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 |
| 1:2024cv12668 |
| December 10, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Trademark |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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This docket was last retrieved on January 30, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's ex parte motion for extension of the TRO #23 is granted. The TRO entered on 1/21/25 is extended to 2/18/25. Mailed notice (cc, ) |
| Filing 24 INJUCTION BOND in the amount of $ 1,000 posted by TV Tokyo Corporation (Document not scanned).(vjd, ) |
| Filing 23 MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 22 SEALED ORDER Signed by the Honorable Jeffrey I Cummings on 1/21/2025. Mailed notice(cc, ) |
| Filing 21 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file excess pages #16 , and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process #17 are granted as to the remaining defendant on Amended Schedule A. Plaintiff's submissions establish that, were defendant to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendant could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendant to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendant, stopping defendant's infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendant from an order directing it to stop infringement. 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 defendant. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 3/14/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| 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 Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal #7 is granted. Upon review of the complaint, the Court sua sponte raises the proprietary of joinder of over 245 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 1/8/25, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice (cc, ) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (evw, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA. (evw, ) |
| Filing 10 MAILED copyright report to Registrar, Washington DC. (evw, ) |
| 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; j. Filing fee $ 405, receipt number AILNDC-22820101. (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. (men, ) |
| CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (men, ) |
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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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