最近更新:2025-05-14
更新

2023-cv-02567

Wham-O Holding, Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:04/25/2023

法院:伊利诺伊州北区法院

品牌:FRISBEE 飞盘

律所:Nixon Peabody

日期 描述
04/10/2025 SATISFACTION of Judgment as to defendant no. 82 LFFA
01/15/2025 SATISFACTION of Judgment as to defendant no. 143 Sweet LemonCo
01/31/2024 SATISFACTION of Judgment as to defendant no. 212 haimuzhou and defendant no. 43 ENWORLD
11/27/2023 SATISFACTION of Judgment as to defendant no. 224 SHLYET Co., Ltd.
11/11/2023 SATISFACTION of Judgment as to defendant no. 194 zhaochenhu
11/03/2023 STATUS Report Pursuant to Minute Entry Order 69 by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd.
11/02/2023 SATISFACTION of Judgment as to defendant no. 206 CCTT Co.Ltd
10/18/2023 SATISFACTION of Judgment as to defendant no. 16 Bakup Tech
10/09/2023 SATISFACTION of Judgment as to defendant no. 210 Electrician Guy
09/29/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the joint notice of settlement with plaintiff and mooted motion 68. The court strikes defendant Electrician Guy's motion pursuant to Rule 55(c); 60(b) to vacate entry of judgment and/or default judgment 64 as moot without prejudice to refiling if a settlement is not reached. By 11/3/2023, the parties are directed to file a joint status report regarding settlement negotiations if a stipulation of dismissal is not filed prior to that date.
09/27/2023 Joint Notice Of Settlement With Plaintiff And Mooted Motion by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd.
09/14/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to the motion to vacate filed by defendant "Electrician Guy" 64 is due by 9/28/2023. Defendant's reply is due by 10/5/2023. Defendant should also, by 10/5/2023, submit the proposed order vacating the judgment in Word format by email to proposed_order_pacold@ilnd.uscourts.gov.
09/13/2023 AFFIDAVIT by Defendant Electrician Guy in Support of MOTION by Defendant Electrician Guy to vacate order[56] [64]
附件:
1:Exhibit A - Docket in Wham-O Holding, Ltd. v. The Partnerships, et al., 1:23-cv-
2:Exhibit B - Docket in Purple Innovation v. Chuang Fan Handicraft, et al., 2:22-c
3:Exhibit C - Screenshots from chinafirewalltest.com
4:Exhibit D - Order in Mwami v. U.S., et al., 1:99-cv-125 (D.D.C.)
5:Exhibit E - Order in Langford v. Jurez Cartel, et al., 1:20-cv-132 (D.N.D.)
6:Exhibit F - Proof of Service in Purple Innovation v. Chuang Fan Handicraft, et a
7:Exhibit G - Brief of Amici Curiae in Palace Skateboards Grp. v. Aimeey, et al.,
09/13/2023 MEMORANDUM by Electrician Guy in support of motion to vacate[64]
09/13/2023 MOTION by Defendant Electrician Guy to vacate order[56]
附件:
1:Text of Proposed Order
09/13/2023 ATTORNEY Appearance for Defendant Electrician Guy by Baruch Simcha Gottesman
08/27/2023 SATISFACTION of Judgment as to defendant no 118 Putian Chengxiang District Zhanghesan Trading Co.
08/23/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 60, which seeks to voluntarily dismiss defendant wanpingkou under Rule 41(a)(1). But, as this court has instructed plaintiff before, see 40, 48, 54, 59, Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant wanpingkou from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff's amended Schedule A form, which it has been directed to file separately on the docket by 8/28/2023, should omit defendant wanpingkou. This case remains closed.
08/22/2023 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 160 wanpingkou
08/21/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [58], which seeks to voluntarily dismiss defendant binhua store under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant binhua store from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form separately on the docket by 8/28/2023. This case remains closed.
08/20/2023 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 21 binhua store
07/07/2023 RETURN of U.S. Post Office Receipt, Article no. 7022 3330 0001 8861 9964.
06/22/2023 MAILED original ten-thousand-dollar ($10,000) surety bond posted by plaintiff to Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W Chicago, Illinois 60604, via certified mail #7022 3330 0001 8861 9964. (jk2,)
06/22/2023 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 6/22/2023: Mailed notice. (jk2,)
06/22/2023 ORDER: In the court's 5/30/2023 minute entry [37], it gave all defendants until 6/13/2023 to object to plaintiff's motion for entry of default and default judgment [32]. The court grants plaintiff's motion [32] for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its mark causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W Chicago, Illinois 60604, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 6/22/2023: Mailed notice. (jk2,)
06/22/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notices of dismissal [51], [52], which seek to voluntarily dismiss certain defendants under Rule 41(a)(1). But, as the court twice recently reminded Plaintiff, see [40], [48], Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal [51], [52] as requests for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff has already filed an amended schedule A on the docket, [53].
06/20/2023 First Amended Schedule A by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd.
06/20/2023 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
06/20/2023 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 21 binhua store and defendant no. 160 wanpingkou
06/16/2023 MINUTE entry before the Honorable Martha M. Pacold: The agreed motion, [49] to withdraw the answer, affirmative defenses, and counterclaims filed by defendant Xiuqui Wen (or "CY Pet"), see [38], is granted.
06/12/2023 AGREED MOTION by Defendant Xiuqui Wen to withdraw defendant's answer, affirmative defenses, and counterclaims. (jk2,)
06/13/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [47], which seeks to voluntarily dismiss certain defendants under Rule 41(a)(1). But, as the court recently reminded Plaintiff, see [40], Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal [47] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 6/20/2023 identifying the remaining defendants. Plaintiff should also, by 6/20/2023, submit a new clean and track changes proposed default judgment order to Proposed_Order_Pacold@ilnd.uscourts.gov with the amended schedule A as of that date. Mailed notice.
06/12/2023 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
06/07/2023 MEMORANDUM text entry, [41] by Canyi, Ingrid GL, Lxtoys, Maletods, changdedongkaimei Co.Ltd
06/07/2023 MEMORANDUM text entry, [42] by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Memorandum Establishing Default Judgment Is Proper
06/07/2023 MEMORANDUM text entry, [41] by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Memorandum Establishing That Joinder Is Proper
06/01/2023 CERTIFICATE of Service by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. regarding text entry, [42]
06/01/2023 MINUTE entry before the Honorable Martha M. Pacold: As to plaintiff's motion for default judgment: Since some defendants have appeared, this motion appears to request default judgment against some but not all defendants. By 4:00 p.m. on 6/7/2023, plaintiff is directed to file a short brief (limited to 5 pages, excluding caption and signature block) addressing whether default judgment against some but not all defendants is appropriate under Fed. R. Civ. P. 54(b) and the principles articulated in Frow v. De La Vega, 82 U.S. 552 (1872). See Arwa Chiropractic, P.C. v. Med-Care Diabetic and Medical Supplies, Inc., 961 F.3d 942, 950-952 (7th Cir. 2020); VLM Food Trading Int'l, Inc. v. Illinois Trading Co., 811 F.3d 247, 256 n.6 (7th Cir. 2016); Marshall & Ilsley Trust Co. v. Pate, 819 F.2d 806, 811-12 (7th Cir. 1987); In re Uranium Antitrust Litig., 617 F.2d 1248, 1257-58 (7th Cir. 1980); Krakow Bus. Park v. Locke Lord, LLP, 135 F. Supp. 3d 770, 783 (N.D. Ill. 2015), aff'd sub nom. Domanus v. Locke Lord LLP, 847 F.3d 469 (7th Cir. 2017). Any other party who wishes to file a brief on this point is free to do so by the same deadline. Plaintiff is directed to serve this order on defendants and file a certificate of service on the docket.
06/01/2023 MINUTE entry before the Honorable Martha M. Pacold: As to joinder: By 4:00 p.m. on 6/7/2023, plaintiff and each set of appearing defendants should file simultaneous briefs (limited to 5 pages, excluding caption and signature block) addressing whether joinder of all defendants in a single case remains appropriate. The complaint alleged that "The Defendant Internet Stores share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." Complaint, [1], paragraph 7. However, three separate sets of defendants have appeared and are litigating the case on separate schedules (in terms of answering the complaint), raising the possibility that this case could proceed as though it were multiple cases litigated by separate defendants on separate tracks, all under a single case number, creating inefficiency and confusion on the docket. In light of that possibility, the parties' briefs should address whether, under Fed. R. Civ. P. 20 and 21 (and any other relevant authority), one or more defendant(s) or set(s) of defendants should be severed into a separate case, in which plaintiff would pay the filing fee and then the case would proceed.
06/01/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [39], which seeks to voluntarily dismiss certain defendants under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal [39] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 6/14/2023 identifying the remaining defendants. Plaintiff should also, by 6/14/2023, submit a new clean and track changes proposed default judgment order to Proposed_Order_Pacold@ilnd.uscourts.gov with the amended schedule A as of that date; but as reflected in the court's separate minute entry entered today, by 6/14/2023, plaintiff must also address whether default judgment against some but not all defendants is appropriate under Rule 54(b), Frow v. De La Vega, 82 U.S. 552 (1872), and Seventh Circuit cases. CRAZYFUN, CY Pet, Chhs-Tech, Cxiong, Daihus Shop, DuoXio, Goodkidss, HK JLJ E-Commerce Co. LTD, HeshengDIY, ISHANTECH, LEI CHUANG, MK Trading Co. LTD, Maggie Co.Ltd, NICER INC PET, Okaybridal, SHOPNEYE, TIDAORIYONG, TLGT, TTBAIHUO, The Barn Eleven Co., The Green Market, Tiancan, YNANYINAY, YUYI Store, YYtotop, Yangyang's store, ZHS Co. Ltd, Zhenwoing, addcean, alang309, bailingxingbaihuo, changchunshichenshengkuajingmaoyiyouxiangongsi, cilighter, danzhoushipengqimaoyifjoieodaf, hanzhiyu, heyoumistore, jinshuixuanjibaihuo, lujunbaihuoshanghang, niuqinghai, taotaoxiaomaipu, xiumubaihuoshanghang, xzkshangdian, zbbeloved, A-REIKI and Bitanlkier-US terminated.
05/30/2023 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
05/29/2023 ANSWER, Affirmative Defenses and Counterclaims by Xiuqui Wen. (Exhibits).
05/30/2023 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment [32] must enter an appearance and file a written objection by 6/13/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
05/30/2023 MINUTE entry before the Honorable Martha M. Pacold: The motion for extension of time filed by defendants Ingrid GL, Maletods Co., Ltd, Canyi, Lxtoys, changdedongkaimei Co.Ltd, HeshengDIY, and Daihus Shop, [35] is granted. Those defendants have until June 16, 2023 to answer or otherwise respond to the complaint.
05/29/2023 MOTION by Defendants Canyi, Daihus Shop, HeshengDIY, Ingrid GL, Lxtoys, Maletods, changdedongkaimei Co.Ltd for extension of time
05/29/2023 ATTORNEY Appearance for Defendants Canyi, Daihus Shop, HeshengDIY, Ingrid GL, Lxtoys, Maletods, changdedongkaimei Co.Ltd by Adam Edward Urbanczyk
05/26/2023 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment 32
附件:
1:Exhibit 1
2:Exhibit 2
3:(Declaration of Keith A. Vogt)
05/26/2023 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for default judgment as to The Defendants Identified In The First Amended Schedule A
05/24/2023 MINUTE entry before the Honorable Martha M. Pacold: Defendant Xiuqui Wen sued as CY Pet's motion for extension of time [29] is granted. Defendant to answer or otherwise plead to the complaint by 6/12/2023.
05/24/2023 MINUTE entry before the Honorable Martha M. Pacold: Defendants Dayilier and Wayuen's agreed motion for an extension of time to answer or otherwise plead [28] is granted. Defendants Dayilier and Wayuen to answer or otherwise plead to the complaint by 6/13/2023.
05/24/2023 MOTION by Defendant CY Pet for extension of time
05/24/2023 NEW PARTIES: Defendant no. 113, Defendant no. 201 and Defendant no. 202 added to case caption.
05/24/2023 NEW PARTIES: Canyi, CCTT Co.Ltd, changdedongkaimei Co.Ltd, Childlike Innocence, CuiHuaShangMao, Electrician Guy, Figer, haimuzhou, HK JLJ E-Commerce Co. LTD, ISHANTECH, LEAOU Co. Ltd, Lxtoys, Maggie Co.Ltd, Maletods, MK Trading Co. LTD, nanguoqiang, Royal Voinne, Sethwy Co., Ltd, shangjuemaoyi, SHLYET Co., Ltd., SIOU Marketplace LLC, Teiteg Co.Itd, The Green Market, Xuanhong Technology and ZHS Co. Ltd added to case caption.
05/24/2023 NEW PARTIES: ' added to case caption.
05/24/2023 NEW PARTIES: (7-15 days delivery) added to case caption.
05/24/2023 NEW PARTIES: TTBAIHUO, TYSAfav, Tzibxll, uianCaanqev, Ulikelife, WANDAD, WANG WEI LING, wangzhaoyuan-US, wanpingkou, wenchangxiaozhilishangmaoyouxiangongsi, wenjiexx, WenJiuKeJi, WGXMD, WHYLSHOP, WLYDDP, Wtoyir, WYJHJINW, wyyshop, XHDUYW, xiaohaoertongzhuang, XINXINDIANSHANG, xinya & shop, xiumubaihuoshanghang, xmbh, XMBY, xzkshangdian, Yangyang's store, YANGYANGSTORE, YIjialai, yiqiaoguoji, yiwujingmeihaoshangpu, YiXin Commerce, YIZHIONE, YNANYINAY, yonghangcc, YUNYUNmaoyi, YUYI Store, YYDSLiuHongyan, YYtotop, zbbeloved, ZCDesigns, zhaochenhu, Zhenwoing, zhilongjj528, ZHUOJUSHANGMAO, ziyibaobao, ZLB-QT and Zshsahha added to case caption.
05/24/2023 NEW PARTIES: TraCuna(7-21 Delivery) added to case caption.
05/24/2023 NEW PARTIES: nrsmlr, Okaybridal, PFX shop, pi123, PingYaoXianJuDianGuoJiMaoYiYouXianGongSi, POSHUN, Putian Chengxiang District Zhanghesan Trading Co., qingbaishanghang, qionghaishilongdannianshangmaoyouxiangongsi, QWECHO, RENOOK-direct-Merling, rongquanzh691, rongshangda, ruiruifazhan, ruizhibaihuohang, sanyajiaoyulushangmaoyouxiangongsi, SelidaElec, shangzy, ShaoFeng ShangMao, SHENNOSI-US, Shenzhen Longhua District Yanzizhai Trade Center, SHOPNEYE, Shulamite, shunkaishang, Skiffer STORE, SLYG STORE, sumianmaoyi, Summer and Sunday, Sunday-Island, suwfnksf, SWEET Ali, Sweet LemonCo, taoheshanghang, taotaoxiaomaipu, TBYMY, The Barn Eleven Co., Tiancan, TIDAORIYONG and TLGT added to case caption.
05/24/2023 NEW PARTIES: heyoumistore, hh168, Huijin Store, Ingrid GL, Iuehhd, iuiasxs, jiabinxiaodian, jiaermei, JIANFANSTOY, Jikai home, jinshuixuanjibaihuo, Judbbacx, kadiya baihuo, kaidishi, Kamin-shop, kangyingda, KIFUStore, Kphico, LEI CHUANG, LeiHaiwenBIOSAOO, LEYJOKE, LFFA, lichunxichunhan, liqingyang1, Little Wisdom Tree, Liuyuedongs, liuzhiweijiadianpu, liyanlidedian, LLMXZ, LOhgd, LongZhuWangBaiHuoYouXianGongSi, lujunbaihuoshanghang, lunashanghang, Manchot, MazhEyuE, Meiei, mengmeng01, Mnerva, minpai, Miraitowa Craft, Mromh, muleshanghang, Mxzcda, MYMM YY, Nchbxvf, Newbeeo, NICER INC PET, NinMeng, niuqinghai and NoPainsNoGains added to case caption.
05/24/2023 NEW PARTIES: 10-15 days delivery time, 75PAI Smart Sports and Health, 91hemouren, A shop that sells only fine goods, A-REIKI, Acicu3688, addcean, AFVERGES, alang309, ANXINJIA, Arrive at 8-15 days, As long as you love me, ASF Bless, B7 Daily store, bailingxingbaihuo, Bakup Tech, Baoqi Riyongpin, Benshan, Better Life Pavilion, Bhcdssxcc, binhua store, Bitanlkier-US, Boutique small store, C COABALLA, changchunshichenshengkuajingmaoyiyouxiangongsi, chengduyuewenhuishengshangmaoyouxiangongsi, Chhs-Tech, cilighter, conghanshang, CRAZYFUN, Cxiong, CY Pet, Daihus Shop, danzhoushipengqimaoyifjoieodaf, Deelyser Store, Dingliping, DPX Mall, dsacxzrewfgdb, duanheshangmao, duocan-shop, DuoXio, ENWORLD, Erhfbcd, Erlai, Fanvis Tableware, fanxiaoshuodedian, figer store, For U Grocery Store, gaolesidedian, geyaqiang, Goodkidss, Guangzhou Goutongmao Trading Co., Ltd., guobaoroudedian, Hainannayingxiushangmaozhongxin, hanzhiyu, haozhijiashop, Hekais and HeshengDIY added to case caption.
05/23/2023 MOTION by Defendants (#35) DAYILIER, (#161) WAYUEN for extension of time to answer or otherwise plead
05/22/2023 ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 5/22/2023: Mailed notice. (jk2,)
05/23/2023 ATTORNEY Appearance for Defendant (#35) DAYILIER, Plaintiff (#161) WAYUEN by Christopher Paul Keleher
05/23/2023 ATTORNEY Appearance for Defendant Hand U Journey by Zheng Gong
05/22/2023 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 5/22/2023:
05/22/2023 MINUTE entry before the Honorable Martha M. Pacold: For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [19] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.
05/04/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs shall serve defendants with this notice. The court has taken the motion for preliminary injunction 19 under advisement and will consider the motion unopposed if no defendant appears and objects by 5/18/2023.
05/03/2023 SUMMONS Returned Executed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/3/2023, answer due 5/24/2023.
附件:
1:Declaration of Service
05/03/2023 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction[19]
附件:
1:Declaration of Keith A. Vogt
2:Exhibit 1, Declaration of Keith Vogt
05/03/2023 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for preliminary injunction
04/27/2023 SURETY BOND in the amount of $10,000 posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. (Document Not Imaged)
04/26/2023 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
04/26/2023 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/26/2023:
04/26/2023 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file excess pages 10 and for leave to file under seal 9 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery 11 is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.
04/26/2023 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jk2,)
04/26/2023 MAILED trademark report to Patent Trademark Office, Alexandria VA (jk2,)
04/25/2023 SEALED EXHIBIT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Sealed Exhibit 2, Declaration of Todd Richards regarding memorandum in support of motion, [12]
04/25/2023 MEMORANDUM in support of [11] Exparte motion
附件:
1:Declaration of Keith A. Vogt
2:Exhibit 1-4, of Keith A. Vogt's declaration
3:Declaration of Todd Richards
4:Exhibit 1, of Todd Richards declaration
04/25/2023 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file excess pages
04/25/2023 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file under seal
04/25/2023 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.
04/25/2023 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment.
04/25/2023 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Cameron Eugene Mcintyre
04/25/2023 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman
04/25/2023 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu
04/25/2023 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang
04/25/2023 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt
04/25/2023 CIVIL Cover Sheet
04/25/2023 SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint (1)
04/25/2023 COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-20572818.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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