2023-cv-14720 AI分析
03/11/2024
MINUTE entry before the Honorable Thomas M. Durkin: Defendant hobbykollectibles (Defendant No. 133) moves to dissolve the preliminary injunction. R. 80. Defendant is an eBay Store and Defendant has had an account with eBay since May 2, 2014. R. 80-1 at p. 2. From May 2014 through December 2023, Defendant has sold just one allegedly infringing product, out of 909 total products sold. R. 80-2 ¶ ¶ 5, 16. That product was listed for sale as of October 2019 and sold in March 2023. Id. at ¶ 20. To obtain a preliminary injunction, a plaintiff must show that: (1) without such relief, it will suffer irreparable harm before final resolution of its claims; (2) traditional legal remedies would be inadequate; and (3) it has some likelihood of success on the merits. Courthouse News Serv. v. Brown, 908 F.3d 1063, 1068 (7th Cir. 2018). Plaintiff argues that the first and second elements are met because Defendant's conduct "has and continues to irreparably harm Plaintiff through diminished goodwill and brand confidence, damages to Plaintiff's reputation, loss of exclusivity, and loss of future sales." R. 85 at p. 10. Plaintiff further argues that the preliminary injunction is necessary to effectuate an "immediate halt to Defendant's infringing activities." Id. Yet Defendant has sold just one allegedly infringing product after nearly ten years of operating his eBay Store and having sold over 900 other various products. These facts do not indicate that Defendant is currently or will continue to sell infringing products or that Defendant will create future damage to Plaintiff's reputation. To the extent Plaintiff has been harmed by Defendant's one sale of the allegedly infringing product, Plaintiff may seek money damages. Plaintiff cannot show the first and second elements required for a preliminary injunction. For this reason, Defendant's motion (R. 80) is granted and the preliminary injunction is dissolved. Plaintiff shall take appropriate action to effectuate this order. Mailed notice. 翻译
02/27/2024
Reply_to_Plaintiffs_Response_to_Motion_to_Dissolve by hobbykollectibles Defendant No.133 (hobbykollectibles,) 翻译
02/20/2024
RESPONSE by Plaintiff Toho Co., Ltd. Plaintiff's Response to the Motion to Dissolve the Preliminary Injunction by Defendant No. 133 "HOBBYKOLLECTIBLES" 翻译
附件：
1:Exhibit A
2:Exhibit B
3:Exhibit C
4:(Exhibit D)
02/14/2024
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for a first extension of time to file a response to Defendant's motion to dissolve the preliminary injunction 82 is granted. Plaintiff's response to Defendant hobbykollectibles' Motion to Dissolve the Preliminary Injunction 80 is due by 2/19/2024. Defendant's reply is due by 2/27/2024. Mailed notice. 翻译
02/12/2024
MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Opposed Motion for a First Extension of Time to File a Response to Defendant's Motion to Dissolve the Preliminary Injunction [Dkt. No. 80] 翻译
02/05/2024
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's response to Defendant hobbykollectibles' Motion to Dissolve the Preliminary Injunction 80 is due by 2/12/2024. Defendant's reply is due by 2/20/2024. Mailed notice. 翻译
02/05/2024
MOTION_to_Dissolve_Preliminary_Injunction by hobbykollectibles Defendant No. 133 Modified on 2/7/2024. 翻译
附件：
1:Exhibit
2:(Declaration)(hobbykollectibles,)
02/05/2024
MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 2/5/2024. No one was present on behalf of defendants. Plaintiff's counsel reported that they have settled with Defendant bricksmyheart. Civil case terminated. Mailed notice. 翻译
01/03/2024
FINAL Default Judgment Order. Signed by the Honorable Thomas M. Durkin on 1/3/2024. Mailed notice. 翻译
01/03/2024
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 1/3/2024. Counsel for Defendant bricksmyheart was present on the call, no other defendants were present. Motion for default judgment 67 is granted as to non-appearing defendants. Plaintiff's counsel is to send an updated default judgment order to Judge Durkin's proposed order inbox. A telephone status hearing is set for 2/5/2024 at 9:00 a.m. Please note, the dial in information has changed. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. 翻译
12/28/2023
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 questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. 翻译
12/21/2023
MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 1/8/2024 is vacated. A telephone hearing as to the motion for default judgment 67 is set for 1/3/2024 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. 翻译
12/21/2023
DECLARATION of Michael A. Hierl regarding motion for default judgment, 67 翻译
附件：
1:(Exhibit Hierl Exhibit 1)
12/21/2023
MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment, 67 翻译
附件：
1:Exhibit 1
2:(Exhibit 2)
12/21/2023
MOTION by Plaintiff Toho Co., Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A 翻译
附件：
1:(Exhibit Amended Schedule A)
12/05/2023
ANSWER and Affirmative Defenses to Complaint by Defendant No. 168 by mobiletomicashop (mobiletomicashop,) 翻译
11/30/2023
MINUTE entry before the Honorable Thomas M. Durkin: Defendant Bricksmyheart's agreed motion for extension of time to answer 55 is granted. Defendant Bricksmyheart's response to Plaintiff's Complaint is due by 12/20/2023. Mailed notice. 翻译
11/29/2023
MOTION by Defendant bricksmyheart for extension of time to file answer regarding complaint 1 AGREED 翻译
11/29/2023
NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 226 翻译
11/21/2023
NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants 翻译
11/16/2023
NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 89, 131,180 翻译
11/16/2023
NEW PARTIES: linyang168, lolitaas, luckystar usa, m5d9dy, madunheho-7, maiduo, makecity04, mandysab2016, mao9852, mariocostume, marketplaceone, masstore_8, maylystore, megaaro, memorize-th, minfeng-trade, mingshow76, mobiletomicashop, mohaalf44, mshobby_com, mugsstore, mylifemylife962, n-arts, newlife888_0, nygu70, one day_bid, onlineshopping_tech, oubofengchi2022new, oushuo7827, outenten, overstocktoys, petetanuwijay_0, pewan3, phoenix-forever-hk, pimpchaiy0, plusplaceinsof, pointtopoint11, qingminga_0, qingmufuzhuang03, qualitylove, rainbow5535, rdkjsunnyshine1995, rdte2718, rendprastion_0, right4u2017, rigun_77, ruthshop666, scorpio_2013, sexyhome9876, shayl6564, shengxinyide2018, shengxinyide2020new, shoppingisland_express, shuxi5888, singular618, sodisod_b0yhv, solegs, sosantoe, souf4sales, stevenhanshop, stl_pvt, sunshines-02, superhotitems, sy951gg, syamsiatucantik-0, sze094, tanxinzhizuoqi, td-eshop, thinkingtimet, thinkingtimew, thqxycj, timing998, tinycloudy, tisveet, tototoys2015, toy-castle, toy house, toycity-01, toyseller20112011, tp.etc, uba036, ujjo_0, uk20222, uktore_uktore, undercontrol2016, unim93, us_easybuy, veevan.growth, wa4mepi-57, wams1717, wangli8301_4, waskitmub-0, weixinshan666, whensoever, wish-n-buy, wooowshop, worldtechon, worthbuyer, wuahcnali, wxiaoqin0, xai_81, xhsmy0329, xiamenhandian168, xiangxihai01, xiangxihai04, xiao_fff, xingnantiancompany, xinyunfavest, yanchuw_0, yang-0609, yangkai35796, yanjuwdj104, yanzif_10, yaweijidiana, yaweijidianw, yellowb_85, yichua71, yidi_6459, yituomaoyi2018, yo7yo, yoyocheng_8, yudluthf, yuhengdz001, zan-187, zanhk2015, zaochenen_3, zehhk34, zhengguo1981, zhi8_tfcpc, zhoushenglong2017, zhuoyue-mall, zipgmail0 and zqhnyongyou3212-3 added to case caption. 翻译
11/15/2023
NEW PARTIES: byshock, careforyou123, carlia8477, cassiopeia 85, cheap store, cheapngreatshop2018, cheertoys, chengduzhonghao5, chengka-0, chengzhi20011, chenliyang2019, chuchu263, ciaociaostore_1, cof7788, collins_collectibles23, commitmenteam, construction00toys, creepertoys, cs508f, cs55865, custom_lego, dagift2018, deinan_cf, delphino465, dragonballboy, dragonth599, dreamloverstore, edmundco44, fangfa_45, fasfe1700, fastpostsellerau, figureproshop, funwallde992, ggz437, gittaselling, greatpurchase68, guanghuton_0, haifenya0, haiya_88, heavybulker, herorongmin, hobby711, hobbykollectibles, inner-peace-2015, iqi_37, istvr_85, itfar-0, iuubc, jiangyun_2018, jieyu01618, jinrongrong222, junhaotongxun88, kang-kang-jewellery, king-camille, kissbuyonline, kunpengai97, landyrock, le1222, legogo12leo and lilistore2016 added to case caption. 翻译
11/15/2023
NEW PARTIES: au2022, 7hk2640, 86dd m, afunn, anonymi-ty7, aybc8068, bailingxinxijishugongsi, bestbuyin0, bigshotlove, bracehz, chaojingjiancai2018, charledurnel0, cheng4-29, cheyuan3552, cn7 2pnjkoyi, congming 2000, daydayup1971, estesga, family3414, ferer44, haiquali6, happy onlinemart, huihuiyong0, huiqka-0, jianfengshop1990, jin44455507, jingyuan198809, jinjiangfeida120, lvxingjiatravel2019, makecity03, nianguoying-85, ns 901, oubofengchi2024new, sangguoertech, sayhia, shengmaoxin01, shmkshm, smartgem, tfclub, toy-zh, wangmingli3694, wangqingccc, wangxiaofeng2018, weilanzhicompany, wjgguow, xuan607, yangyiguo236 0, yarinstores, yulinglod, zyyibei, animalgiftforyou, Shenzhen Xiaomo Technology Development Co., Ltd., worldbestdeals, 17baigexianfengkeji, 18wooderill9, 2018wuxuhuagong, 20yes4buy, 24hours-yggdrasil, 25waterfood, 3cn4646, 6wlz_1myouvdoa, 7cn5359, a921361986, ababab2008, adamtoyshop, advancedday2017, anglo, animemundi, animetropolis, antique_classic_vintage, anyfashion2013, aovalianhe42535_3, ariwidod-9, avishaydeals2019, azx1312, batteries-subway, beenkeend, bellamout04, bero-29, belletoyhouse, bestfashionzone 2012, Bianqiuu9800, bigbangcn, bingkk3344, blueshore933, bollywoodshoppe, bonfashcompany, bricksmyheart, brilliant life983 and buyeasy2013 added to case caption. 翻译
11/09/2023
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Thomas M. Durkin on 11/9/2023. Mailed notice. 翻译
11/09/2023
MINUTE entry before the Honorable Thomas M. Durkin: Telephone motion hearing held on 11/9/2023. No one appeared on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 42 is granted. Enter Preliminary Injunction Order. Plaintiff should filed a written status report by 11/16/2023. The Clerk is directed to unseal all documents that were previously filed under seal. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 12/8/2023 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. 翻译
11/07/2023
SUMMONS Returned Executed by Toho Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 11/6/2023, answer due 11/27/2023. 翻译
11/07/2023
MINUTE entry before the Honorable Thomas M. Durkin: Telephone motion hearing set for 11/9/2023 at 9:00 a.m. as to Plaintiff's motion for preliminary injunction 42. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. 翻译
11/06/2023
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto 翻译
11/06/2023
MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 翻译
11/06/2023
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto 翻译
11/03/2023
NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 86 翻译
10/26/2023
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's ex parte motion to extend temporary restraining order through and until November 9, 2023 39 is granted. Mailed notice. 翻译
10/24/2023
MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order 翻译
10/19/2023
SURETY BOND in the amount of $283,000 posted by Toho Co., Ltd. (Document not scanned.) 翻译
10/12/2023
SEALED TEMPORARY Restraining Order. Signed by the Honorable Thomas M. Durkin on 10/12/2023. Mailed notice. 翻译
10/12/2023
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for leave to file under seal 6 and to exceed page limitation 9 is granted. 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 10 is granted. Enter Order. Mailed notice. 翻译
10/11/2023
MEMORANDUM by Toho Co., Ltd. in support of motion for temporary restraining order, 10 翻译
附件：
1:Declaration Ueda 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)
10/11/2023
MOTION by Plaintiff Toho Co., Ltd. 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 翻译
10/11/2023
MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation 翻译
10/11/2023
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. 翻译
10/11/2023
CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). 翻译
10/11/2023
MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal 翻译
10/11/2023
COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21207116. 翻译
附件：
1:Exhibit 1
2:(Exhibit 2)
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