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1:23-cv-15781

Toho Co., Ltd. v. The Partnerships and Unincorporated Associations Identified On Schedule A (ilnd-1:2023-cv-15781)

日期:2023-11-08

法院:N.D.Ill(芝加哥)

品牌:GODZILLA 哥斯拉

律所:Keith

日期 描述
2024-05-15 NOTICE of withdrawal of surety bond 26 by Meridith Ferguson.
2024-05-03 ENTERED JUDGMENT Mailed notice
2024-05-03 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Jeffrey I Cummings on 5/3/2024. Mailed notice
2024-05-03 MINUTE entry before the Honorable Jeffrey I Cummings: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, plaintiff's motion 36 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's marks irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $100,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed
2024-04-15 STATUS Report Joint Initial Status Report Pursuant to 22 by Toho Co., Ltd.
2024-04-11 CERTIFICATE of Service by Plaintiff Toho Co., Ltd. regarding set motion and R&R deadlines/hearings, 38
2024-04-11 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 36 for entry of default and default judgment against defendant. The defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 4/22/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon defendant within one business day of its entry on the docket and must promptly file proof of that service.Mailed notice
2024-04-09 MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment[36]
2024-04-09 MOTION by Plaintiff Toho Co., Ltd. for default judgment as to The Defendants Identified In Amended Schedule A
2024-03-26 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeffrey I Cummings on 3/26/2024. Mailed notice
2024-03-26 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 29 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on
2024-03-06 CERTIFICATE of Service by Plaintiff Toho Co., Ltd. regarding text entry, 32
2024-03-06 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 29. In connection with that motion, plaintiff must serve all defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by or before March 12, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under
2024-03-05 SUMMONS Returned Executed by Toho Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/5/2024, answer due 3/26/2024.
2024-03-05 MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction[29]
2024-03-05 MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction
2024-02-23 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to extend the TRO 27 is granted. The TRO entered on 2/13/24 24 is extended to 3/12/24. The 3/18/24 tracking status hearing is stricken and re-set to 4/15/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
2024-02-22 MOTION by Plaintiff Toho Co., Ltd. for extension of time for Temporary Restraining Order [24]
2024-02-15 SURETY BOND in the amount of $ 10,000 posted by Toho Co., Ltd. (Document not Imaged)
2024-02-13 NOTICE of Correction regarding [22]
2024-02-13 [封存] SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 2/13/2024
2024-02-13 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal [10], ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process [12] are granted solely as to the defendants listed on plaintiff's Amended Schedule A [20]. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants 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
2024-02-13 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. On or before 4/15/24, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website. Initial tracking status hearing set for 4/26/24 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice
2024-02-05 SEALED EXHIBIT by Plaintiff Toho Co., Ltd. [Amended] Sealed Exhibit 2, Declaration of Koji Ueda regarding memorandum in support of motion, 13, sealed document 20, exhibit, 14
2024-02-05 [封存] SEALED DOCUMENT by Plaintiff Toho Co., Ltd. [Amended] Schedule A to Complaint 1 and Schedule A 2
2023-12-28 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any quest
2023-11-29 MEMORANDUM Establishing that Joinder is Proper
2023-11-16 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 excess pages 11 is granted. Plaintiff's motion for leave to file under seal 10 and plaintiff's motion for temporary restraining order 12 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 200 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 11/29/23, 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
2023-11-09 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
2023-11-09 MAILED trademark report to Patent Trademark Office, Alexandria VA
2023-11-09 SEALED EXHIBIT by Plaintiff Toho Co., Ltd. Sealed Exhibit 2, Declaration of Koji Ueda regarding memorandum in support of motion, 13
2023-11-09 MEMORANDUM in support of 12 Exparte motion
2023-11-09 MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages
2023-11-09 MOTION by Plaintiff Toho Co., Ltd. for leave to file under seal
2023-11-08 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Monica Rita Martin
2023-11-08 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Cameron Eugene Mcintyre
2023-11-08 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Yanling Jiang
2023-11-08 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Adam Grodman
2023-11-08 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Yi Bu
2023-11-08 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toho Co., Ltd.
2023-11-08 CIVIL Cover Sheet
2023-11-08 [封存] SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Schedule A to Complaint [1]
2023-11-08 COMPLAINT filed by Toho Co., Ltd.; Filing fee $ 402, receipt number AILNDC-21311222.

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