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1:24-cv-12430

Toho Co., Ltd. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:2024-12-04

法院:N.D.Ill(芝加哥)

品牌:GODZILLA 哥斯拉

律所:HSP

日期 描述
2025-12-16 MEMORANDUM by Toho Co., Ltd. Supplemental Memorandum in Support of Plaintiff's Motion for Reconsideration
2025-12-11 MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motion for extension of time 81 is granted. Plaintiff shall file the supplemental evidence in support by 12/16/2025. Mailed notice.
2025-12-09 NOTICE of Motion by Michael A. Hierl for presentment of extension of time 81 before Honorable Jeremy C. Daniel on 12/11/2025 at 09:30 AM.
2025-12-09 MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Motion for Extension of Time
2025-12-09 [封存] TRANSCRIPT OF PROCEEDINGS held on 12-04-2025 before the Honorable Jeremy C. Daniel. Order Number: 53980. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/30/2025. Redacted Transcript Deadline set for 1/9/2026. Release of Transcript Restriction set for 3/9/2026.
2025-12-09 [封存] TRANSCRIPT OF PROCEEDINGS held on 12-03-2025 before the Honorable Jeremy C. Daniel. Order Number: 53979. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/30/2025. Redacted Transcript Deadline set for 1/9/2026. Release of Transcript Restriction set for 3/9/2026.
2025-12-04 MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motion for reconsideration 73 is taken underadvisement. Plaintiff shall submit the December 3, 2024, discussed at today's hearing, and any other evidence showing that plaintiff's counsel reviewed the still images shown in Dkt. Nos. 66-70, on or before 12/9/2025. Mailed notice.
2025-12-03 MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held and continued to 12/4/2025 at 9:30 a.m. Plaintiff's motion for reconsideration of the order of November 3, 2025 73 is entered and continued. John Wilson is to appear in-person before the Court. Mailed notice.
2025-12-03 [封存] TRANSCRIPT OF PROCEEDINGS held on 10-30-2025 before the Honorable Jeremy C. Daniel. Order Number: 53743. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/24/2025. Redacted Transcript Deadline set for 1/5/2026. Release of Transcript Restriction set for 3/3/2026.
2025-11-24 STATUS Report by Toho Co., Ltd.
2025-11-24 NOTICE of Motion by Michael A. Hierl for presentment of motion for reconsideration 73 before Honorable Jeremy C. Daniel on 12/3/2025 at 09:30 AM.
2025-11-24 MOTION by Plaintiff Toho Co., Ltd. for reconsideration Plaintiff's Motion for Reconsideration of the Order of November 3, 2025 [Dkt. No. 71]
2025-11-12 MINUTE entry before the Honorable Jeremy C. Daniel: Pursuant to the Default Judgment order entered on 10/9/2025 54, this case is dismissed. Civil case terminated. Mailed notice.
2025-11-03 ORDER. The Court finds that plaintiff's counsel violated Fed. R. Civ. P. 11(b)(2) and (3). Plaintiff's counsel accused the defendants of infringing U.S. Copyright Registration No. LP0000037134 based on the defendants' sale of t-shirts bearing the likeness of Godzilla. But Godzilla does not appear in the film protected by that copyright registration. That means that the plaintiff's infringement claims concerning that copyright registration lacked any basis in law or fact. Further, plaintiff's counsel did not conduct a reasonable inquiry concerning U.S. Copyright Registration No. LP0000037134 prior to filing suit or seeking default judgment. As a sanction, the Court imposes a fine of $2,500, payable to the Clerk of the Court. Plaintiff's counsel shall file a status report on or before November 24, 2025, addressing the status of payment of the fine. Signed by the Honorable Jeremy C. Daniel on 11/3/2025. Mailed notice.
2025-10-31 EXHIBIT by Plaintiff Toho Co., Ltd. Exhibit B Part 5 regarding declaration 65
2025-10-31 EXHIBIT by Plaintiff Toho Co., Ltd. Exhibit B Part 4 regarding declaration 65
2025-10-31 EXHIBIT by Plaintiff Toho Co., Ltd. Exhibit B Part 3 regarding declaration 65
2025-10-31 EXHIBIT by Plaintiff Toho Co., Ltd. Exhibit B Part 2 regarding declaration 65
2025-10-31 EXHIBIT by Plaintiff Toho Co., Ltd. Exhibit B Part 1 regarding declaration 65
2025-10-31 DECLARATION of John Wilson
2025-10-30 MINUTE entry before the Honorable Jeremy C. Daniel: Show cause hearing held. Plaintiff's motion 61 is entered and continued. As stated on the record, the plaintiff failed to address a direct inquiry made by the Court. That inquiry was, "The plaintiff needs to, copyright by copyright, confirm that the asserted work features Godzilla." The plaintiff shall supplement its pleadings on or before October 31, 2025, and answer that inquiry directly. Mailed notice.
2025-10-27 NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages 61 before Honorable Jeremy C. Daniel on 10/30/2025 at 09:30 AM.
2025-10-27 RESPONSE by Plaintiff Toho Co., Ltd. Memorandum in Response to the October 9, 2025 Minute Order [Dkt. No. 54]
2025-10-27 MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
2025-10-27 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for an extension of time 59 is granted. The plaintiff's response is now due October 27, 2025. The October 30, 2025, status hearing stands. The Court will not extend this deadline any further. Mailed notice.
2025-10-24 MOTION by Plaintiff Toho Co., Ltd. for extension of time Corrected Motion for a Second Extension of Time to File a Memorandum in Response to the Minute Order of October 9, 2025 [Dkt. No. 54]
2025-10-22 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's second motion for an extension of time 57 is granted. The defendant's written response is now due October 24, 2025. The October 23, 2025, rule to show cause hearing is reset to October 30, 2025, at 9:30 a.m. Mailed notice.
2025-10-21 MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Motion for a Second Extension of Time to File a Memorandum in Response to the Minute Order of October 9, 2025 [Dkt. No. 54]
2025-10-20 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for an extension of time 55 is granted. Mailed notice.
2025-10-17 MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Motion for a First Extension of Time to File a Memorandum in Response to the Minute Order of October 9, 2025 [Dkt. No. 54]
2025-10-09 DEFAULT JUDGMENT. Signed by the Honorable Jeremy C. Daniel on 10/9/2025. The plaintiff's motion for default judgment 39 is granted in part. The accused product is a t-shirt with a drawn image of Godzilla. The website listing for the accused product describes it as "Unique Blue Godzilla Ocean Wave Design." This clearly uses the plaintiff's GODZILLA word mark in connection with the sale of clothing, which infringes the plaintiff's registered trademarks U.S. Reg. Nos. 2,211,328 and 2,360,489. But there is no evidence that the defendants used the word mark in conjunction with any other class of goods or services, which precludes the relief the plaintiff seeks with respect to its other registered marks. Therefore, the Court enters default judgment only on the '328 and '489 registrations. Further, the plaintiff asserts that the defendants have infringed thirty-one registered copyrights. The plaintiff argues that it owns the copyright to Godzilla, and that the accused product constitutes an u
2025-10-08 STATUS Report by Toho Co., Ltd.
2025-10-07 MINUTE entry before the Honorable Jeremy C. Daniel: Any party to this action has until October 21, 2025, to justify the continued need to seal any documents in this case. The Court intends to unseal all documents in this case after that date. Mailed notice.
2025-08-11 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for an extension of time 47 is granted. The status hearing set for 8/13/2025 is stricken. Mailed notice.
2025-08-08 EXHIBIT by Plaintiff Toho Co., Ltd. Proposed Judgment Order regarding memorandum 49
2025-08-08 MEMORANDUM by Toho Co., Ltd. Plaintiff's Supplemental Memorandum in Support of Default and Default Judgment
2025-08-06 NOTICE of Motion by Michael A. Hierl for presentment of extension of time 47 before Honorable Jeremy C. Daniel on 8/13/2025 at 09:30 AM.
2025-08-06 MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Motion for an Extension of Time to File its Supplemental Memorandum in Support of Default Judgment
2025-07-30 MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motion for entry of default judgment 39 is taken under advisement. Plaintiff's supplement to the motion for default judgment is due on or before 8/6/2025. Plaintiff shall file the proposed order as an attachment to its supplement. Mailed notice.
2025-07-28 MINUTE entry before the Honorable Jeremy C. Daniel: The motion hearing set for 7/29/2025 is reset to 7/30/2025 at 9:30 a.m. Mailed notice.
2025-07-24 NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 39 before Honorable Jeremy C. Daniel on 7/29/2025 at 09:30 AM.
2025-07-24 EXHIBIT by Plaintiff Toho Co., Ltd. Exhibit 3 to Ueda Declaration regarding declaration 42
2025-07-24 DECLARATION of Koji Ueda regarding motion for default judgment, 39
2025-07-24 DECLARATION of Michael A. Hierl regarding motion for default judgment, 39
2025-07-24 MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment, 39
2025-07-24 MOTION by Plaintiff Toho Co., Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A
2025-07-24 CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Toho Co., Ltd.
2025-07-21 MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing set for 8/13/2025 at 9:30 a.m. Mailed notice.
2025-06-25 MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. The plaintiff's oral motion for extension of time to serve defendants on or before 7/9/2025 is granted. Mailed notice.
2025-06-25 CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Toho Co., Ltd.
2025-06-25 SUMMONS Returned Executed by Toho Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 6/25/2025, answer due 7/16/2025.
2025-06-25 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Elizabeth Aubree Miller
2025-06-25 SUMMONS Issued (Court Participant) as to Defendant GUYUIIEI and all other Defendants identified in the Amended Complaint
2025-06-04 MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing set for 6/25/2025 at 9:30 a.m. Mailed notice.
2025-06-03 MINUTE entry before the Honorable Jeremy C. Daniel: Plaintiff's motion for leave to file under seal 7 is granted. Mailed notice.
2025-04-01 ORDER. Signed by the Honorable Jeremy C. Daniel on 4/1/2025. Motions 21 and 22 are granted. The motion hearing is stricken.Mailed notice.
2025-03-20 STATUS Report by Toho Co., Ltd.
2025-03-19 NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief 21, motion to expedite 22 before Honorable Jeremy C. Daniel on 4/1/2025 at 09:30 AM.
2025-03-19 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 to Ueda Declaration
2025-03-19 DECLARATION of Koji Ueda
2025-03-19 MOTION by Plaintiff Toho Co., Ltd. to expedite Plaintiff's Motion for Expedited Discovery
2025-03-19 MOTION by Plaintiff Toho Co., Ltd. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
2025-03-06 MINUTE entry before the Honorable Jeremy C. Daniel: Status report due on or before 3/20/2025. Mailed notice.
2025-02-07 STATUS Report by Toho Co., Ltd.
2025-01-24 MINUTE entry before the Honorable Jeremy C. Daniel: Status report due on or before 2/7/2025. Mailed notice.
2024-12-20 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
2024-12-19 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff may proceed against the two defendants named in the amended Schedule A 12. Mailed notice.
2024-12-17 MAILED trademark report to Patent Trademark Office, Alexandria VA
2024-12-17 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit AA
2024-12-17 MEMORANDUM by Toho Co., Ltd. Plaintiff's Memorandum in Support of Joinder
2024-12-17 SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Amended Schedule A
2024-12-17 AMENDED complaint by Toho Co., Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
2024-12-05 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging infringement by 253 defendants. (R. 1 and R. 8.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before December 17, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Mailed notice.
2024-12-04 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toho Co., Ltd.
2024-12-04 [封存] SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Sealed Schedule A
2024-12-04 MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal
2024-12-04 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by John Wilson
2024-12-04 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Robert Payton Mcmurray
2024-12-04 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by William Benjamin Kalbac
2024-12-04 ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Michael A. Hierl
2024-12-04 CIVIL Cover Sheet
2024-12-04 COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22796460.

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