1:24-cv-04440
05/30/2024
Open
Intellectual Property - Trademark
Presiding Judge
Edmond E. Chang
Plaintiff
TV Tokyo Corporation
Defendant
The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
Plaintiff Attorneys
Michael A. Hierl
William Benjamin Kalbac
Robert Payton Mcmurray
John Wilson
(#25) MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 24, the online platform Yoybuy has not yet provided e-mail contact information for the Defendants. The Plaintiff shall promptly follow up to obtain the information, including filing a motion to compel if appropriate. No preliminary injunction motion was filed. The tracking status hearing of 07/26/2024 is reset to 08/30/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report by 08/23/2024. Emailed notice (mw, ) (Entered: 07/22/2024)
(#24) STATUS Report Initial Status Report by TV Tokyo Corporation (Hierl, Michael) (Entered: 07/19/2024)
(#26) SURETY BOND in the amount of $ $10,000.00 posted by TV Tokyo Corporation (tg, ) (Entered: 07/23/2024)
(#23) MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the Plaintiff's extension motion #22 is granted. The TRO is extended through 07/25/2024. The tracking status hearing of 07/12/2024 is reset to 07/26/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 07/19/2024, or the Plaintiff shall file it if no Defendant has appeared. Also, the Plaintiff shall file the preliminary-injunction motion (if appropriate) by 07/19/2024. Emailed notice (cn). (Entered: 07/02/2024)
(#22) MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) (Entered: 07/01/2024)
(#21) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 06/27/2024. Emailed notice (mw, ) (Entered: 06/27/2024)
(#20) MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #15 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #7 for leave to file under seal is granted in light of the asset-restraint goal. By 07/08/2024, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion #15 for electronic service of process is granted. The motion #14 to use extra pages is granted. To track the case only (no appearance is required, the case will not be called), the tracking status set for 06/28/2024 is reset to 07/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/05/2024. Emailed notice (mw, ) (Entered: 06/27/2024)
(#20) MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #15 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #7 for leave to file under seal is granted in light of the asset-restraint goal. By 07/08/2024, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion #15 for electronic service of process is granted. The motion #14 to use extra pages is granted. To track the case only (no appearance is required, the case will not be called), the tracking status set for 06/28/2024 is reset to 07/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/05/2024. Emailed notice (mw, ) (Entered: 06/27/2024)
(#20) MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #15 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #7 for leave to file under seal is granted in light of the asset-restraint goal. By 07/08/2024, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion #15 for electronic service of process is granted. The motion #14 to use extra pages is granted. To track the case only (no appearance is required, the case will not be called), the tracking status set for 06/28/2024 is reset to 07/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/05/2024. Emailed notice (mw, ) (Entered: 06/27/2024)
(#20) MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #15 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #7 for leave to file under seal is granted in light of the asset-restraint goal. By 07/08/2024, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion #15 for electronic service of process is granted. The motion #14 to use extra pages is granted. To track the case only (no appearance is required, the case will not be called), the tracking status set for 06/28/2024 is reset to 07/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/05/2024. Emailed notice (mw, ) (Entered: 06/27/2024)
(#6) ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by John Wilson (Wilson, John) (Entered: 05/30/2024)
(#5) ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray (Mcmurray, Robert) (Entered: 05/30/2024)
(#4) ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac (Kalbac, William) (Entered: 05/30/2024)
(#3) ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl (Hierl, Michael) (Entered: 05/30/2024)
(#2) CIVIL Cover Sheet (Hierl, Michael) (Entered: 05/30/2024)
Exhibit 2
Exhibit 1
(#1) COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22071534. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hierl, Michael) (Entered: 05/30/2024)
Docket(#25) MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 24, the online platform Yoybuy has not yet provided e-mail contact information for the Defendants. The Plaintiff shall promptly follow up to obtain the information, including filing a motion to compel if appropriate. No preliminary injunction motion was filed. The tracking status hearing of 07/26/2024 is reset to 08/30/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report by 08/23/2024. Emailed notice (mw, ) (Entered: 07/22/2024)
[-] Read LessDocket(#24) STATUS Report Initial Status Report by TV Tokyo Corporation (Hierl, Michael) (Entered: 07/19/2024)
[-] Read LessDocket(#26) SURETY BOND in the amount of $ $10,000.00 posted by TV Tokyo Corporation (tg, ) (Entered: 07/23/2024)
[-] Read LessDocket(#23) MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the Plaintiff's extension motion #22 is granted. The TRO is extended through 07/25/2024. The tracking status hearing of 07/12/2024 is reset to 07/26/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 07/19/2024, or the Plaintiff shall file it if no Defendant has appeared. Also, the Plaintiff shall file the preliminary-injunction motion (if appropriate) by 07/19/2024. Emailed notice (cn). (Entered: 07/02/2024)
[-] Read LessDocket(#22) MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) (Entered: 07/01/2024)
[-] Read LessDocket(#21) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 06/27/2024. Emailed notice (mw, ) (Entered: 06/27/2024)
[-] Read LessDocket(#20) MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #15 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #7 for leave to file under seal is granted in light of the asset-restraint goal. By 07/08/2024, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion #15 for electronic service of process is granted. The motion #14 to use extra pages is granted. To track the case only (no appearance is required, the case will not be called), the tracking status set for 06/28/2024 is reset to 07/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/05/2024. Emailed notice (mw, ) (Entered: 06/27/2024)
[-] Read LessDocket(#19) DECLARATION of Hiroaki Saiki regarding memorandum in support of motion, #16 Saiki Declaration (Hierl, Michael) (Entered: 06/21/2024)
[-] Read LessDocket(#18) Notice of Claims Involving Trademarks by TV Tokyo Corporation (Hierl, Michael) (Entered: 06/21/2024)
[-] Read LessDocket(#17) SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 to Saiki Declaration (Hierl, Michael) (Entered: 06/21/2024)
[-] Read LessDocketCASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (smb, ) (Entered: 05/30/2024)
[-] Read LessDocket(#9) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation (Hierl, Michael) (Entered: 05/30/2024)
[-] Read LessDocket(#8) SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Schedule A (Hierl, Michael) (Entered: 05/30/2024)
[-] Read LessDocket(#7) MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) (Entered: 05/30/2024)
[-] Read LessDocket(#6) ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by John Wilson (Wilson, John) (Entered: 05/30/2024)
[-] Read LessDocket(#5) ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray (Mcmurray, Robert) (Entered: 05/30/2024)
[-] Read LessDocket(#4) ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac (Kalbac, William) (Entered: 05/30/2024)
[-] Read LessDocket(#3) ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl (Hierl, Michael) (Entered: 05/30/2024)
[-] Read LessDocket(#2) CIVIL Cover Sheet (Hierl, Michael) (Entered: 05/30/2024)
[-] Read LessDocket(#1) COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22071534. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hierl, Michael) (Entered: 05/30/2024)
[-] Read Less