2025-cv-22016

COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto. Filing fees $ 405.00 receipt number AFLSDC-18415283, filed by Toho Co., Ltd.

Exhibit 1 to the Complaint

Exhibit 2 to the Complaint

Exhibit 3 to the Complaint

Civil Cover Sheet

(Summon(s))

Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ar24)

Summons Issued as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto. (ar24)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

Complaint

Exhibit

Corporate Disclosure Statement by Toho Co., Ltd. identifying Other Affiliate Hankyu Hanshin Holdings, Inc, Other Affiliate H2O Retailing Corporation for Toho Co., Ltd.

MOTION to Seal Exhibit 1 to the Complaint and Motion for Temporary Restraining Order with Supporting Documents per Local Rule 5.4 by Toho Co., Ltd.

Text of Proposed Order

ORDER TO SHOW CAUSE Show Cause Response due by 5/27/2025. Signed by Judge Raag Singhal on 5/6/2025. See attached document for full details. (ar24)

PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONS. Within SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 5/8/2025.

NOTICE OF COURT PRACTICE Unless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes. Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses). Motions for Extension of Time Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Labeling Exhibits on CM/ECF Exhibits to pleadings and motions shall be docketed in accordance with the Court's CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket Entry A party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Notices of Settlement Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings. Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 5/8/2025.

RESPONSE TO ORDER TO SHOW CAUSE re [7] Order to Show Cause by Toho Co., Ltd.

Affidavit REDACTED Declaration of W. Brees in Support of Plaintiff's Respon

Exhibit A to the Declaration of W. Brees

Exhibit B to the Declaration of W. Brees

Exhibit C - M [Filed Under Seal] to the Declaration of W. Brees

MOTION to Seal per Local Rule 5.4 by Toho Co., Ltd.

Text of Proposed Order

ORDER granting 11 Motion for Leave to File Under Seal. Signed by Judge Raag Singhal on 5/28/2025. See attached document for full details.

SYSTEM ENTRY - Docket Entry 13 [misc] restricted/sealed until further notice. (1735549)

MOTION to Seal per Local Rule 5.4 by Toho Co., Ltd.

Affidavit of W. Brees in Support of Motion to File Under Seal

Text of Proposed Order

ORDER: The Complaint (DE 1) is DISMISSED WITHOUT PREJUDICE. Plaintiff may file an Amended Complaint consistent with this Order by July 8, 2025. All other pending Motions are DENIED WITHOUT PREJUDICE (Amended Complaint due by 7/8/2025.) Signed by Judge Raag Singhal on 6/17/2025. See attached document for full details. (ar24)

First AMENDED COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto, filed by Toho Co., Ltd.

Exhibit 1 to the First Amended Complaint

Exhibit 2 to the First Amended Complaint

(Exhibit 3 to the First Amended Complaint)

MOTION to Seal per Local Rule 5.4 by Toho Co., Ltd.

(Text of Proposed Order)

ORDER denying as moot 6 Motion to Seal ; denying as moot 14 Motion to Seal ; denying as moot 15 Ex Parte Motion; denying as moot 16 Ex Parte Motion; granting 19 Motion to File Under Seal. Signed by Judge Raag Singhal on 7/3/2025. See attached document for full details.

SYSTEM ENTRY - Docket Entry 21 [motion] restricted/sealed until further notice. (1735549)

SYSTEM ENTRY - Docket Entry 22 [motion] restricted/sealed until further notice. (1735549)

SYSTEM ENTRY - Docket Entry 23 [misc] restricted/sealed until further notice. (1735549)

SYSTEM ENTRY - Docket Entry 24 [misc] restricted/sealed until further notice. (1735549)

SYSTEM ENTRY - Docket Entry 25 [misc] restricted/sealed until further notice. (1735549)

SYSTEM ENTRY - Docket Entry 26 [order] restricted/sealed until further notice.

SYSTEM ENTRY - Docket Entry 27 [order] restricted/sealed until further notice.

SYSTEM ENTRY - Docket Entry 28 [motion] restricted/sealed until further notice. (1735549)

Order

SYSTEM ENTRY - Docket Entry 29 [misc] restricted/sealed until further notice. (1735549)

Order

SYSTEM ENTRY - Docket Entry 30 [order] restricted/sealed until further notice.

SUMMONS (Affidavit) Returned Executed on 18 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Toho Co., Ltd. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto served on 8/11/2025, response/answer due 9/2/2025.

SYSTEM ENTRY - Docket Entry 32 [misc] restricted/sealed until further notice.

MOTION for Preliminary Injunction by Toho Co., Ltd.

Affidavit of E. Heim in Support of Motion for Preliminary Injunction

(Text of Proposed Order)

ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND SCHEDULING HEARING granting 33 Motion for Preliminary Injunction. Prelinjhrg Hearing set for 8/28/2025 01:00 PM before Judge Raag Singhal. Signed by Judge Raag Singhal on 8/14/2025. See attached document for full details.

PAPERLESS ORDER setting telephone hearing on August 28, 2025, at 1:00 P.M., at which time Defendants and/or any other affected persons may challenge the appropriateness of the Temporary Restraining Order and move to dissolve it, and at which time the Court will hear argument on Plaintiff's requested preliminary injunction. Counsel for all parties should use the following dial-in information: Telephone Number: 833-435-1820; Meeting ID: 160 296 2490; Access Code: 998147. Signed by Judge Raag Singhal on 8/22/2025.

STIPULATION re: Agreed Asset Restraint by Toho Co., Ltd.

NOTICE of Attorney Appearance by Benjamin Wayne Dowers on behalf of Mensweary. Attorney Benjamin Wayne Dowers added to party Mensweary (pty:dft).

PAPERLESS Minute Entry for proceedings held before Judge Raag Singhal: Motion Hearing held on August 28, 2025 re 33 MOTION for Preliminary Injunction filed by Toho Co., Ltd. Total time in court: 0 hour(s): 30 minutes. Attorney Appearance(s): Benjamin Wayne Dowers and William Robert Brees. Court Reporter: Gina Rodriguez, 305-523-5026 / gina_rodriguez@flsd.uscourts.gov. Signed by Judge Raag Singhal on 8/28/2025.

ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge Raag Singhal on 8/30/2025. See attached document for full details.

PRELIMINARY INJUNCTION ORDER. All previous Sealed Plaintiff's Pleading(s) and documents in this case are UNSEALED. Signed by Judge Raag Singhal on 8/30/2025. See attached document for full details.

Clerk's NOTICE of Compliance re 39 Preliminary Injunction Order. All Docket Entries Unsealed.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

MOTION to Reopen Case by Toho Co., Ltd.

Exhibit 1 the Declaration of W. Brees

Exhibit 2 Proposed Amended Preliminary Injunction Order

Exhibit A to the Declaration of W. Brees

(Text of Proposed Order)

Second MOTION for Extension of Time to File Response/Reply/Answer by Mensweary.

Text of Proposed Order Proposed Order