2025-cv-22864

COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto. Filing fees $ 405.00 receipt number AFLSDC-18564656, filed by Toho Co., Ltd.

Exhibit 1 to the Complaint

(Complaint w/ Exhibits) (caw)

(Exhibit 1 Declaration of E. Heim in Support of Verified Response)

(Text of Proposed Order)

(Text of Proposed Order)

(Text of Proposed Order Proposed Order)

Affidavit of W. Brees in Support of Motion

(Certification Certification of Haipeng Xiao)

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

(Text of Proposed Order)

Clerk's Notice of Judge Assignment to Judge Roy K. Altman. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Enjolique A. Lett 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website.

Exhibit 2 to the Complaint

Text of Proposed Order

(Text of Proposed Order)

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

Exhibit 3 to the Complaint

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

Exhibit 4 to the Complaint

ORDER IN CASES WITH MULTIPLE DEFENDANTS Signed by Judge Roy K. Altman on 6/26/2025. See attached document for full details.

Civil Cover Sheet

OMNIBUS ORDER REGARDING SCHEDULE "A" CAUSES OF ACTION re 1 Complaint, filed by Toho Co., Ltd., as to 1 Complaint. (Responses due by 7/10/2025.) Signed by Judge Roy K. Altman on 6/26/2025. See attached document for full details.

Summon(s)

RESPONSE to 6 Order, Set/Reset Deadlines/Hearings, PLAINTIFF'S VERIFIED RESPONSE TO THE COURT'S OMNIBUS ORDER REGARDING SCHEDULE "A" CAUSES OF ACTION by Toho Co., Ltd.

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

SYSTEM ENTRY - Docket Entry 9 [motion] restricted/sealed until further notice. (1735549) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 10 [motion] restricted/sealed until further notice. (1735549) (Text entry; no document attached.)

Order (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 13 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 14 [order] restricted/sealed until further notice. (Text entry; no document attached.)

Order (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 15 [misc] restricted/sealed until further notice. (1735549) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 16 [misc] restricted/sealed until further notice. (1735549) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 17 [misc] restricted/sealed until further notice. (1735549) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 18 [misc] restricted/sealed until further notice. (Text entry; no document attached.)

ORDER Granting 8 Motion to File Under Seal: The Clerk is directed to SEAL the Complaint [ECF No. 1], Exhibits 1 and 4 of the Complaint, the Motion for Temporary Restraining Order [ECF No. 9], Exhibits 1 and 2 of the Motion for Temporary Restraining Order, and the affidavit [ECF No. 9-1] and proposed order [ECF No. 9-7] filed in support of the Motion for Temporary Restraining Order. The Plaintiff may also, in the alternative, file unredacted versions of these documents under seal. Signed by Judge Roy K. Altman on 7/11/2025. See attached document for full details.

NOTICE of Compliance re 11 Order on Motion to Seal. Clerk has complied with sealing all documents noted in the order at DE#11.

SUMMONS (Affidavit) Returned Executed on 1 Complaint, 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 7/29/2025, response/answer due 8/19/2025.

Plaintiff's MOTION FOR REMOTE APPEARANCE AT PRELIMINARY INJUNCTION HEARING by Toho Co., Ltd.

PAPERLESS ORDER granting 20 Motion for Remote Appearance. Counsel for the Plaintiff may appear remotely at our August 15, 2025, preliminary injunction hearing via Zoom. The Meeting ID is 160 7688 8099. The Passcode is 183310. The Court does not issue a Zoom link. Please access the Zoom meeting by going to Zoom.us (or opening the Zoom app), clicking "join a meeting," and entering the Meeting ID and Passcode. Signed by Judge Roy K. Altman on 8/6/2025.

NOTICE of Attorney Appearance by Benjamin Wayne Dowers on behalf of funbibi.com, comstylish.com, calavass.com, novaney.com, wearshes.com, dolophin.com, menweary.com, rococity.com, uflashion.com. Attorney Benjamin Wayne Dowers added to party funbibi.com(pty:dft), Attorney Benjamin Wayne Dowers added to party comstylish.com(pty:dft), Attorney Benjamin Wayne Dowers added to party calavass.com(pty:dft), Attorney Benjamin Wayne Dowers added to party novaney.com(pty:dft), Attorney Benjamin Wayne Dowers added to party wearshes.com(pty:dft), Attorney Benjamin Wayne Dowers added to party dolophin.com(pty:dft), Attorney Benjamin Wayne Dowers added to party menweary.com(pty:dft), Attorney Benjamin Wayne Dowers added to party rococity.com(pty:dft), Attorney Benjamin Wayne Dowers added to party uflashion.com(pty:dft).

MOTION for Leave to Appear August 15, 2025 11:30AM Remotely. Attorney/Representative: Benjamin W. Dowers by calavass.com, comstylish.com, dolophin.com, funbibi.com, menweary.com, novaney.com, rococity.com, uflashion.com, wearshes.com. Responses due by 8/28/2025.

PAPERLESS ORDER. A preliminary injunction hearing is presently set for August 15, 2025, at 11:30 a.m. See Order Granting Temporary Restraining Order [ECF No. 14 ] at 10. However, the Plaintiff has yet to move for the entry of a preliminary injunction. See generally Docket; see also Schedule A Order [ECF No. 6 ] at 2 ("Any motion for entry of temporary restraining order must be filed separately from any motion for entry of preliminary injunction."). We obviously can't grant a preliminary injunction if the Plaintiff hasn't sought that relief. Accordingly, we'll CANCEL our Preliminary Injunction Hearing and ORDER the Plaintiff to file a motion for preliminary injunction by August 22, 2025. In the meantime, we'll extend our temporary restraining order until August 29, 2025, to allow for the Plaintiff to file their motion for preliminary injunction. If the Plaintiff fails to file a timely motion for preliminary injunction, we will dismiss the case without prejudice and terminate our temporary restraining order without further notice. Signed by Judge Roy K. Altman on 8/14/2025.

ORDER: We hereby ORDER and ADJUDGE that the Clerk shall UNSEAL this case and return all docket entries to the public record. Signed by Judge Roy K. Altman on 8/14/2025. See attached document for full details.

NOTICE of Compliance re 25 Order. All documents in this case have been unsealed per DE#25.

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by calavass.com, comstylish.com, dolophin.com, funbibi.com, menweary.com, novaney.com, rococity.com, uflashion.com, wearshes.com.

PAPERLESS ORDER granting 27 Unopposed Motion for Extension of Time. Defendants funbibi.com, comstylish.com, calavass.com, novaney.com, wearshes.com, dolophin.com, menweary.com, rococity.com, and uflashion.com, shall respond to the Plaintiff's Complaint by September 18, 2025. Signed by Judge Roy K. Altman on 8/20/2025.

MOTION for Clerk's Entry of Default AGAINST CERTAIN DEFENDANTS IDENTIFIED IN SCHEDULE "A" as to clothingday.com, cutswear.com by Toho Co., Ltd.

Clerk's Entry of Default as to clothingday.com, cutswear.com - Motions Terminated: 29 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 8/21/2025.

NOTICE of Attorney Appearance by Nicole W. Giuliano on behalf of cutswear.com. Attorney Nicole W. Giuliano added to party cutswear.com(pty:dft).

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Haipeng Xiao. Filing Fee $ 250.00 Receipt # AFLSDC-18722806 by cutswear.com. Responses due by 9/4/2025.

PAPERLESS ORDER granting 32 Motion to Appear Pro Hac Vice. Haipeng Xiao, Esq., may appear and participate in this action on behalf of Defendant cutswear.com. The Clerk SHALL provide electronic notice of all filings on the docket to Haipeng Xiao at henryxiao@isrealip.legal. Signed by Judge Roy K. Altman on 8/22/2025.

MOTION for Preliminary Injunction by Toho Co., Ltd.

PAPERLESS ORDER Setting Hearing on Motion 34 Motion for Preliminary Injunction. The Preliminary Injunction Hearing is set for August 28, 2025, at 3:30 PM in Miami Division before Judge Roy K. Altman. The Plaintiff may appear remotely pursuant to our August 6, 2025, Paperless Order [ECF No. 21]. Signed by Judge Roy K. Altman on 8/25/2025.

MOTION to Vacate 30 Clerk's Entry/Non-Entry of Default (Responses due by 9/9/2025.), MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by cutswear.com.

PAPERLESS ORDER granting 36 Motion to Vacate Clerk's Default and Extension of Time to Respond. The parties have agreed to the requested relief. See Motion at 1 ("Undersigned Counsel contacted Counsel for Plaintiff and they indicated that they do not object to vacating the default against cutswear."). As "defaults are seen with disfavor because of the strong policy of determining cases on the merits[,]" we agree that vacating the Clerk's default is appropriate under Fed. R. Civ. P. 55(c). Fla. Physician's Ins. Co., Inc. v. Ehlers, 8 F.3d 780, 783 (11th Cir. 1993). The Clerk's default [ECF No. 30 ] as to Defendant cutswear.com is VACATED. Defendant cutswear.com shall respond to the Complaint by September 25, 2025. Signed by Judge Roy K. Altman on 8/26/2025.

PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman. A Motion Hearing was held on August 28, 2025, on the Motion for Preliminary Injunction [ECF No. 34 ]. A written order will follow. Total time in court: 0 hours, 5 minutes. Attorney Appearance(s): William Robert Brees, Benjamin Wayne Dowers, Haipeng Xiao, Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com.

ORDER denying without prejudice 34 Motion for Preliminary Injunction. We'll extend our Temporary Restraining Order [ECF No. 14] until September 12, 2025. Any asset restraint against Defendant cutswear.com is reduced to $2,000.00. Signed by Judge Roy K. Altman on 9/2/2025. See attached document for full details.