2025-cv-23009

COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto. Filing fees $ 405.00 receipt number AFLSDC-18591026, filed by Toho Co., Ltd.

Exhibit 1 to the Complaint

(Complaint) (ksr)

(Text of Proposed Order)

(Text of Proposed Order)

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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.

Exhibit 2 to the Complaint

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

Exhibit 3 to the Complaint

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

Civil Cover Sheet

NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 7/7/2025.

Text of Proposed Order

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

ORDER granting 6 Motion to Seal. Signed by Judge Darrin P. Gayles on 7/8/2025. See attached document for full details.

SYSTEM ENTRY - Docket Entry 8 [misc] restricted/sealed until further notice. (1735549) (Text entry; no document attached.)

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

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

SYSTEM ENTRY - Docket Entry 11 [motion] restricted/sealed until further notice. (1735549) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 12 [misc] restricted/sealed until further notice. (1735549) (Text entry; no document attached.)

PAPERLESS ORDER TO SHOW CAUSE. In the Complaint, Plaintiff alleges that the 33 Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A" ("Defendants") have engaged in trademark infringement in this district through the use of the e-commerce stores identified in Schedule A. [ECF Nos. 1, 8-1]. Federal Rule of Civil Procedure 20(a) permits joinder of defendants in the same action where the plaintiff's claims against the defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," and "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2)(A)-(B). The Eleventh Circuit has defined "transaction or occurrence" as "all logically related events entitling a person to institute a legal action against another." Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1323 (11th Cir. 2000) (internal citations omitted), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003). In intellectual property cases, a plaintiff cannot satisfy Rule 20's requirements by merely alleging that multiple defendants have infringed the same patent or trademark. Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1352 (S.D. Fla. 2023). Here, Plaintiff alleges little factual support to show why joinder of all 33 Defendants is proper. Accordingly, on or before August 21, 2025, Plaintiff shall file a memorandum showing why joinder of these Defendants is proper. Signed by Judge Darrin P. Gayles on 7/31/2025.

NOTICE of Voluntary Dismissal ONLY AS TO DEFENDANT NUMBERS 1-3, 10-12, 14-16, 19-25, 28, and 30-33 WITHOUT PREJUDICE by Toho Co., Ltd.

RESPONSE TO ORDER TO SHOW CAUSE re 13 Order to Show Cause, by Toho Co., Ltd.

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