2024-cv-04893

COMPLAINT filed by Toho Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22137376.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by John Wilson

MOTION by Plaintiff Toho Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toho Co., Ltd.

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). (evw,)

MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

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

MEMORANDUM by Toho Co., Ltd. in support of motion for temporary restraining order, 11

Declaration Ueda Declaration

Exhibit 1

Exhibit 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 1 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 2 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 3 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 4 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 5 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 6 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 7 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 8 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 9 of Ueda Declaration

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit 3 Part 10 of Ueda Declaration

Notice of Claims Involving Trademarks by Toho Co., Ltd.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

STATUS Report by Toho Co., Ltd.

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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MINUTE entry before the Honorable Andrea R. Wood: This matter comes before the Court on Plaintiff's motion for leave to file under seal 7, Plaintiff's motion to exceed page limitation 10, and 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 11. Having reviewed the motions and supporting documentation in chambers, the Court grants Plaintiff's motion for leave to file under seal 7, Plaintiff's motion to exceed page limitation 10, and 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 11. Enter Sealed Temporary Restraining Order. Plaintiff is advised that the Court has granted the request for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) for Defendants to be served by emailing Defendants with both copies of the documents to be served and a link to the website containing the documents. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 8, and (2) Exhibit 3 to the Declaration of Koji Ueda 15 22. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:00 a.m. on 3/19/2025 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 4/2/2025 at 10:45 A.M. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 3/19/2025. Mailed notice

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

INJUNCTION BOND in the amount of $ 10,000 posted by Toho Co., Ltd. (Document not scanned)

MOTION by Plaintiff Toho Co., Ltd. for extension of time Plaintiff's Ex-Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex parte motion to extend the temporary restraining order 33 is granted. The Court finds good cause to extend the temporary restraining order an additional 14 days to 4/16/2025. Telephonic status hearing set for 4/2/2025 is stricken and reset for 4/16/2025 at 12:45 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction 35

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35

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 4/9/2025, answer due 4/30/2025.

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of a preliminary injunction 35 will be heard at the telephonic hearing set for 4/16/2025 at 12:45 PM. Any person wishing to be heard on the motion shall file an appearance and contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 4/16/2025. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [35] is granted. Enter Preliminary Injunction Order. By 4/30/2025, Plaintiff shall file a supplement that identifies the amount of funds that are being restrained for each remaining defendant. Plaintiff is granted leave to file the supplement under seal. The Clerk's Office is directed to unseal: (1) Schedule A to the complaint [8], (2) Exhibit 3, Parts 1-10 of Ueda Declaration [13-22], and (3) the sealed temporary restraining order [29]. Plaintiff's counsel is ordered to add ALL Defendant names listed in the 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. Telephonic status hearing set for 5/20/2025 at 10:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 4/16/2025. Mailed notice

ATTORNEY Appearance for Defendant TailorMadeHomes by Longhao Wang

AFFIDAVIT of John Wilson

SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Exhibit A to Affidavit of John Wilson

NEW PARTIES: yantaixueshuoguojimaoyiyouxiangongsi, Vonluxe Zone, VOLTENICK, US-AMDM, toy store, LOVELYSHOPPING, Joybuy Marketplace, HZ Trading, CHENGYU, yiwu wangfeng trading co.,ltd, Yiwu Hongjun Landscape Engineering Co., Ltd., Yiwu Dizhou E-Commerce Firm, Xi'an Golden Spider E-Commerce Co., Ltd., Suzhou Qianmeng Shihua Technology Co., Ltd., Shenzhen Woti Trade Limited, Shenzhen Hongnuo Garment Trade Import And Export Co., Ltd., Shenzhen Douluo E-Commerce Co., Ltd., Shenzhen Dingtu Electronic Technology Co., Ltd., Quanzhou Economic And Technological Development Zone Tiyou Trading Co., Ltd., Guangzhou Manping Trading Firm, Foshan Xinnan Taiding Jianyi Hardware Products Co., Ltd., Dongyang Chenchen Jewelry Factory, Dongguan New Creation Technology Company Limited, Dongguan Hlltoys Plastic Production Co., Ltd., B&D Optoelectronics Technology Co., Ltd. Fujian, zzkhpr, zps_g, zhibin01, zhangjie01, yjh_052, yjh_045, yjh_044, yjh_037, yjh_021, yaosdhgayu, xmas4u, xiaowei1988, wuyiming, wuchaoqun1992, Vlonevip6, vipkid, vip_kid, us0001, toywholesale_store, Toyshop1688, toy1982, topbuye, topbabyhometown, top77, tina328, timebokan, tfboys13, Sunnysleepvip8, sunnysleepvip6, sunnysleepvip5, sunnysleepvip12, sunnysleepvip11, sunnysleepvip1, Starone, squishytoy, smallloveing, Runbaby, rose_liu, roohua, Qiangongzi, pu10, prettystore11, popfigure, outbag2007, Okbrand, octopus_wholesale, nicetimeqiu, niceshopping18, Naigou, mu03 Store and mingzhehao added to case caption.

NEW PARTIES: Melodyr, lusi07, lucky_clover888, lucky_8669, long02, liangjingjing_home, Lakeball, kong01 Store, kidstoy6, jokerstore, jinfa003, jiekeyi20170306, Jdelectronic7, Instrumenthome, Ingate, hope12, Hayydhgates, happydhgatestores, gutian775786, grainstore2, goodboystore, gift1234, gadgetsparadise, Funibaoluo, fine333, fashiontrendsvip1, efashionshoes, dreamhouse2015, dhgate_store_03, deve, cutetoyss, Catherine05, Beutytomorrow2018, baishi33, bai01 Store, ayeys, WuChaoBlock Store, USEMEI Store, Shop911892067 Store, Shop911758373 Store, Shop3563029 Store, Shop1103482524 Store, Shop1103405034 Store, Shop1103393435 Store, Shop1102438177 Store, SELLWORLDER FigureToy Store, northshire Store, Mr. Anime Store, Men Factory Store, Infinite Happy Store, GOSTWZ Exclusive Store, Funny Tee Store, Fanxishi Art Store, Family Mall Store, Besteffie Toy Store, Anime Action Figure Toys Store, Amusement Park Store, 3dfastshop Store, zhijiangshicailaifeishangmaoyouxiangongsi, yueyangshibajiudianqishangmaoyouxiangongsi, YL-Culture, xinhe-USA, wuhushijienshangmaoyouxiangongsi55856, Warshland, taiyuanshiwangsiyushangmaoyouxiangongsi, SXHAOWISX624, Stephenyang, SMKLGDH, Qijiaming Decor, Midsummer 0, LJJ LLC, Lin Optimization, liaoyueyi1111, lianmo, jingtaixianzonglinwujinpifabu, Hot Sale Shop Ll, E FLY, Dongguan Tianhui Electronic Co., Ltd., CSHh, Betty Elias, Aiwuze-Store, walletcharm, vintagesteelheart, vav3D, UniversalRug, The3DSTLStore, TapestryWorldCo, SpaceCanvasArtUs, RISE2021, ResinArtbyCG, OurStarlight, NineteesStuff, MRVINTAGECOLLECTION, MisterFranDesign, MinifigsMania and LAVAACOUSTIC added to case caption.

NEW PARTIES: KawaiiJapanLife, KaijuLairToys, JacobsdesignArt, HuyDes, HTLIFE, Geniuspond, ElliJewelryStore, Dykeycap, DownSpeak, DJdecals, DesignerHomeCarpet, DazzlingboyByDeemil, ChibiKaijuStudio, BreakWooden, AcousticPanel, 3dPrintStlStore, Suzhouyinshimaoyiyouxiangongsi, Shenzhenshiyunkongzhinengkejiyouxiangongsi, Shenzhenshi Lixin Maoyi You Xian Gong Si, Shenzhen Wangang Technology, Shenzhen Jienuoyi Trading, Shandongshengwanjiaxinxikejiyouxiangongsi, Jinanruidaohuliangwangyouxiangongsi, Huizhoushiyongyangdianzishangwuyouxiangongsi, Guangzhou Liujun Trading Company, Guangzhou Haiyangxin Shengwu Keji Youxiangongsi, xiuyi01, vickydwn, Topfirst, Rh_baby, peacepeace, max4072, liubin042, lifedepartment, hy_puzzles, hy_playhouse, hy_blocks, gzcj2016, funstudio, Shop1103024289 Store, Shop1102925392 Store, Shop1102377968 Store, Black King2 Store, Guangzhouyinmaipijuyouxiangongsi and Guangzhoushi Hanyi Zai Trad added to case caption.

ATTORNEY Appearance for Defendant OurStarlight by Longhao Wang

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by OurStarlight

MOTION by Defendant OurStarlight to dismiss for lack of jurisdiction and insufficient service of process

(Declaration)

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 32

MOTION by Plaintiff Toho Co., Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment 49

Exhibit

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 49

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default and default judgment against the Defendants identified in Schedule A 49 will be heard at the telephonic hearing set for 5/20/2025 at 10:30 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 5/20/2025. The Court sets the following briefing schedule on Defendant OurStarlight's motion to dismiss 47. Plaintiff shall file a response by 6/13/2025. Defendant OurStarlight shall file a reply by 6/27/2025. Plaintiff's motion for entry of default and default judgment against the Defendants identified in Schedule A 49 is entered and continued. Telephonic status hearing set for 7/2/2025 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

MOTION by Plaintiff Toho Co., Ltd. Plaintiff's Motion to Substitute Defendant

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 65

NOTICE by OurStarlight re MOTION by Defendant OurStarlight to dismiss for lack of jurisdiction and insufficient service of process 47 NOTICE OF SETTLTMENT AND WITHDRAWAL OF MOTION TO DISMISS

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 48

NOTICE of Voluntary Dismissal by Toho Co., Ltd. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 51

Amended Schedule A by Toho Co., Ltd.

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 7/2/2025. For the reasons stated on the record, Plaintiff's motion to substitute Defendant 54 is granted. Plaintiff shall file their amended Schedule A that includes the correct name of the Defendant by 7/7/2025 and proceed with service. Plaintiff's motion for entry of default and default judgment against the Defendants identified in Schedule A 49 remains under advisement. Defendant OurStarlight's motion to dismiss 47 is terminated as moot in light of settlement. Telephonic status hearing set for 8/6/2025 at 9:15 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 8/6/2025 and continued to 9/3/2025 at 9:15 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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

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 8/6/2025, answer due 8/27/2025.

CERTIFICATE of Service by John Wilson on behalf of Toho Co., Ltd.

MOTION by Plaintiff Toho Co., Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendant Identified in Schedule A

(Exhibit A)

MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment 64

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 64

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 9/3/2025. For the reasons stated on the record, Plaintiff's motions for entry of default and default judgment 49 64 are granted. Enter Default Judgment Orders. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 9/4/2025. Mailed notice

DEFAULT JUDGMENT ORDER AS TO PUJIANG COUNTY XIER E-COMMERCE CO., LTD. Signed by the Honorable Andrea R. Wood on 9/4/2025. Mailed notice