SATISFACTION of Judgment

SATISFACTION of Judgment

MINUTE entry before the Honorable Martha M. Pacold: Defendants perfectseller0, siamshoppingmall, morningsun201609, amoonqin, a-team-the, 8909976, caesaring, bobdong_broson, qnmdgbc2016, pizhuzhaposter, taver604, and mygoodmood-2019, are dismissed pursuant to the Notice of Dismissal 43.

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the status report [41]. Defendant laura_knolle is dismissed pursuant to the Notice of Dismissal [39].

STATUS Report by Toho Co., Ltd.

MINUTE entry before the Honorable Martha M. Pacold: The court entered default judgment and terminated the case on 4/26/2022. 36. However, plaintiff has filed a notice of voluntary dismissal 39, which seeks to dismiss defendant No. 35 laura_knolle. This defendant was not listed on plaintiff's most recent amended Schedule A 35, which was the operative Schedule A at the time of entry of default judgment. Plaintiff is ordered to submit a status report by 5/5/2022 explaining the relief they seek, given that the case has been terminated in its favor. Status Report due by 5/5/2022.

NOTICE of Voluntary Dismissal by All Plaintiffs

MAILED original ten-thousand-dollar ($10,000) surety bond posted by by Toho Co., Ltd., to plaintiff's counsel, Keith Vogt, Ltd. 33 West Jackson Boulevard, #2W Chicago, IL 60606, via certified mail #7019 2280 0000 0962 7593

MAILED Trademark report with certified copy of order dated 4/26/2022 to Patent Trademark Office, Alexandria VA

DEFAULT FINAL JUDGMENT ORDER: Signed by the Honorable Martha M. Pacold on 4/26/2022. Mailed notice

ORDER: In the court's 4/8/2022 minute entry, it gave all defendants until 4/15/2022 to object to plaintiff's motion for entry of default and default judgment [28]. See [30]. No defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment [28]. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount specified in the order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors a permanent injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Keith Vogt, Ltd. 33 West Jackson Boulevard, #2W Chicago, IL 60606, via certified mail. Enter Default Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 4/26/2022. Mailed notice

[Amended] Schedule A 2 to Complaint 1, 34 by Toho Co., Ltd.

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [32], which seeks to voluntarily dismiss defendants No. 6 best-shopping-with-us and No. 64 lyjf8582 under Rule 41(a)(1), and plaintiff's notice of dismissal [33], which seeks to voluntarily dismiss defendant No. 80 mr.brian2009 under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants No. 6 best-shopping-with-us, No. 64 lyjf8582, and No. 80 mr.brian2009 from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 4/22/2022 identifying the remaining defendants. mr.brian2009, best-shopping-with-us and lyjf8582 terminated.

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

NEW PARTIES: dfgdgd, diou wholeshop, dongliang1343, Drakeyy7, duanqiuhuanlen, duanyaping39983, duhanyu35455, e mei Technology Ltd., edsffs, erjiu, ewuygfsa66, fangqiang306, fanylihaya, fanzheaong0070, fcdjhgfhdfsf, feiyan shopping, fenghao49141, fengrong fashion, fgdfhykjg, fghjhkj, forlovepad, fsahv9shop, gerenshuma, guguqy and hedinli added to case caption.

NEW PARTIES: sergivindi0, sg2015-rohma, shaoch4, shineworks606, shuoguoen-4, siamshoppingmall, singsongbeby, siriz-16, sitzubaeada-0, skyblueqiang2016_0, sl_holders, snowstorms_6868, sunator-9, suonstech, superstar-ping, supryon1, suwat.pinyopan, tancu82, tanyuanjiao20, taoo-008, taver604, techmart-48, tellingad123, teyuchyu43, thailandall24hours, thaiwitnystore, tharinddarshan-7, the_toykingdom, thitustore, thphamp-84, tigreal, titos20, tjsyforfun2021, tl.world.minifigs, tnhhstore, too-kata, topclass11, topfashion93, tophisense820, topop8688, totoperate, toy_house, toygalera, toyschina2011, tr1647, 9akazf, Alan Taylor, bapaoo, baronesslvqoeer, BOA AOE, caohuixiang fashion, carbobenzoxygroup, Careyou, Carol Lutsey, chenshenghu, China various commodity shops, Chxgstore, Deal basic, deazdd and Devin Martinez added to case caption.

NEW PARTIES: nvc1store, ochai999, oktvi_6, oubofengchi2017new, ozone_tech95, pasprema-0, patchmasters, paulwu23cn, perfectseller0, phunnh-14, pigeon_saless, pinganyishi, pizhuzhaposter, polkcounmk, positive_hub, premieronlinemart, prettyvogue, pswu2019-888, putrastut0, qflyba, qingze0030, qnmdgbc2016, qpseller88, qwc_996, qyzhuangshi19, rahba_4877, rahmeh_store, ranggkany_0, rare_amazing_best_toys, rctextile, regkusum-0, renhe4282, restihza-0, rez_id6, risalomo0, rixarstore, rkangshop1037, roseshop86, rudiyantputr-0, rudprasety7, rui925fly, s_p_00, sahamalassr0, salaasaa0, sandwiry0, sanheshunau2012, sarajelit0, sasjan3123, sawaba0 and scmycom added to case caption.

NEW PARTIES: lkqiche, lohia_joyoselalu45, longqin-65, louou06, love-colors, lp-jewelry, luckpa-78, luckping_6, luckyfamily2020, ludashop, ludq8312, luzz-1945, lxq209929_6, lyjf8582, lyshop007-6, m13986_76, m15926-45, m1719161, mafi-3070, malibin888, mananamal_958, masjahat, mff-965, mindarjudy317, minh-4261, minifigshop123, modelsmountain, morningsun201609, movieposter_05, mr.brian2009, mr7777777, mrifa_32, muencthoe0, muhamasayi_0, muhammanaufa_3, mumbosbongoods, mygoodmood-2019, naathuk0, nanhekeji, naqi.2015, newstartart, nguybich65, nicedoll906, niki_online_store, nnshangxia, novastore_7777, nowaterman2-1, now-need, nth10store and nurima-4 added to case caption.

NEW PARTIES: 8909976, amoonqin, a-team-the, best-shopping-with-us, bobdong_broson, caesaring, ch6034848, cheng182018, create_factoryau, danweie_88, dream-castle20, dv_455516, farel_26, fisuli-0, goods_wholesale5, gunasinghe-biz, hashettia-71, huix2795, kasua-3651, keep-mm, kenhj359, kevainstore, king-chan1999, kit11670, kj_mart, komapatri, kopf.official.store, kopf.store, kopfstore321, kpone24144, landunart_0, laopengyou2018, laura_knolle, laura305050, law-hoo, lebuyshop588, leechamp, legotoystore, liaoc2020, like1177-6, link859cvcvp, linquawan_0, liqing3820, lishug_49, littleboyanime, liuxiachan-0, lizhit-54 and lkaiho516 added to case caption.

NEW PARTIES: mymermaid and posterok added to case caption.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 4/8/2022:

MINUTE entry before the Honorable Martha M. Pacold: In its minute entry dated 4/6/2022, the court directed plaintiff to file an amended Schedule A by 4/12/2022 27. That deadline is stricken, as plaintiff's amended Schedule A 26 already reflects the dismissal of defendants named in 27. No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiffs motion for preliminary injunction 18 is granted. Enter Preliminary Injunction. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Any defendant objecting to plaintiff's motion for entry of default and default judgment 28 must enter an appearance and file a written objection by 4/15/2022. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment[28]

附件：

1:Exhibit 1
2:Exhibit 2
3:Declaration of Keith A. Vogt

MOTION by Plaintiff Toho Co., Ltd. for default judgment as to The Defendants Identified In The First Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [25], which seeks to voluntarily dismiss defendants No. 194 toyschina2011, No. 123 qpseller88, No. 136 rixarstore, and No. 79 movieposter_05 under Rule 41(a)(1). But as the court noted just last week, [24], Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants No. 194 toyschina2011, No. 123 qpseller88, No. 136 rixarstore, and No. 79 movieposter_05 from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 4/12/2022 identifying the remaining defendants.

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Amended Schedule A to Complaint [1]

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 23, which seeks to voluntarily dismiss defendants No. 1 create_factoryau, No. 190 topop8688, and No. 117 prettyvogue under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants No. 1 create_factoryau, No. 190 topop8688, and No. 117 prettyvogue from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 4/5/2022 identifying the remaining defendants.

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 18 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/31/2022. Plaintiff shall serve all defendants with this notice.

SURETY BOND in the amount of $10,000.00 posted by Toho Co., Ltd. (Document not scanned).

SUMMONS Returned Executed by Toho Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/16/2022, answer due 4/6/2022.

附件：

1:Declaration of Service

MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction[18]

附件：

1:Declaration of Keith A. Vogt
2:Exhibit 1, Declaration of Keith Vogt

MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A."

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/9/2022:

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal 8, to file excess pages 9, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 10, are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

MINUTE entry before the Honorable Martha M. Pacold: The court takes under advisement plaintiff's motions for leave to file under seal 8, to file excess pages 9, and for a temporary restraining order 10. By 3/10/2022, plaintiff is directed to submit a proposed order that conforms to this court's Schedule A procedures to the court's proposed order inbox.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

SEALED EXHIBIT by Plaintiff Toho Co., Ltd. Sealed Exhibit 2 to the Declaration of Koji Ueda regarding memorandum in support of motion[11]

MEMORANDUM In Support of [10] Ex Parte Motion

附件：

1:Declaration of Keith A. Vogt
2:Exhibit 1-4, Declaration of Keith Vogt
3:Declaration of Koji Ueda
4:Exhibit 1, Declaration of Koji Ueda

MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages

MOTION by Plaintiff Toho Co., Ltd. for leave to file [Certain] Documents Under Seal

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.

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Adam Grodman

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Yi Bu

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Yanling Jiang

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Keith A. Vogt

CIVIL Cover Sheet

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Schedule A to Complaint [1]

COMPLAINT filed by Toho Co., Ltd.; Filing fee $ 402, receipt number 0752-19201993.

附件：

1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4