Wham-O Holding, Ltd. et al v. Partnerships and Unincorporated Associations Identified on Schedule "A" , The
| INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD., Intersport Corp. and Defendant No. 8 and Defendant No. 15 |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", Defendant No. 14, Partnerships and Unincorporated Associations Identified on Schedule "A", The, Defendant No. 8 and Defendant No. 14 and Defendant Nos. 1, 9, 10 |
| 1:2019cv04983 |
| July 24, 2019 |
| US District Court for the Northern District of Illinois |
| Elaine E Bucklo |
| Jeffrey T Gilbert |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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| Filing 42 MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's counsel called and advised the Court that the case has been resolved as to the Defendants identified in Schedule A of Plaintiff's Notices of Dismissal [ECF Nos. 40, 41]. Accordingly, the motion and status hearing set for for 9/5/19 at 1:30 pm is stricken with no appearances necessary. Mailed notice (lxs, ) |
| Filing 41 NOTICE of Voluntary Dismissal by Intersport Corp., Wham-O Holding, Ltd. as to Defendant No. 13 identified on Schedule A (Vogt, Keith) |
| Filing 40 NOTICE of Voluntary Dismissal by Intersport Corp., Wham-O Holding, Ltd. as to [Certain] Defendants identified in Schedule A (Vogt, Keith) |
| Filing 39 MINUTE entry before the Honorable Jeffrey T. Gilbert: At the request of the parties, the briefing schedule set yesterday [ECF No. #38 ] is suspended. Mailed notice. (jj, ) |
| Filing 38 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 8/28/19. Plaintiffs will file their reply in support of their Motion for Preliminary Injunction #19 by 10:00 a.m. on 8/30/19. Motion hearing set for 9/5/19 at 1:30 p.m. Mailed notice (ber, ) |
| Filing 37 EXECUTIVE Committee order reassigning case to Magistrate Judge Gilbert from Judge Elaine E. Bucklo. Parties having consented on the record to the referral of the motion for a preliminary injunction #19 to the assigned magistrate judge. For further details see order. Signed by the Honorable Elaine E. Bucklo on 8/27/2019. Mailed notice(las, ) |
| Filing 36 DECLARATION of Theerachai Saelim regarding response in opposition to motion, #34 (Grothouse, Matthew) |
| Filing 35 SUMMONS Returned Executed by Intersport Corp., Wham-O Holding, Ltd. as to Partnerships and Unincorporated Associations Identified on Schedule "A", The on 8/26/2019, answer due 9/16/2019. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 34 RESPONSE by Defendant No. 14, Defendant No. 8 and Defendant No. 15, Defendant Nos. 1, 9, 10in Opposition to MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for preliminary injunction #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Declaration Arbel Arif, #5 Declaration Pini Rahum)(Grothouse, Matthew) |
| Filing 33 ATTORNEY Appearance for Plaintiff Defendant No. 8 and Defendant No. 15, Defendant Defendant No. 8 and Defendant No. 15 by Matthew Richard Grothouse CORRECTED (Grothouse, Matthew) |
| Filing 32 ATTORNEY Appearance for Defendant Defendant No. 8 and Defendant No. 14 by Matthew Richard Grothouse (Grothouse, Matthew) |
| Filing 31 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status and Motion hearing held on 8/26/19 continued to 8/28/19 at 2:00 p.m. With Plaintiff's agreement and at certain Defendants' request, the seal on Schedule A to the Complaint #9 and Exhibit 2 to the Declaration of Todd Richards #14 ] can be broken and the Clerk is ordered to unseal those documents on the CM/ECF docket. On Defendant No. 15's motion, and without objection from Plaintiff, the preliminary injunction is vacated as to Defendant No. 15 but Judge Bucklo's prior order extending the temporary restraining order as to certain Defendants with a limit of $10,000 per store #27 is amended to include Defendant No. 15 as one of the Defendants to whom the temporary restraining order and the $10,000 limit applies. By 4:00 p.m. today, Plaintiff shall deliver to Defense counsel who has appeared in this case copies of all Rule 45 subpoenas that have been served to date. All parties shall comply with Rule 45 with respect to future subpoenas. Finally, the Court notes that the Order in Case No. 18-C-7621 (N.D. Ill.) [ECF No. 53 in that case] that Plaintiff's counsel tendered to the Court at this morning's hearing involved the grant of summary judgment on the merits and an award of statutory damages in favor of the plaintiffs in that case and the entry of a permanent injunction against the two defendants in that case. That Order thus was entered when the case was in a different procedural posture than the instant case. The Court is aware, however, that Judge Lee did enter an ex parte temporary restraining order in a prior case involving these same parties that included a pre-judgment asset restraint, Case No. 18-C-6611 (N.D. Ill.) [ECF No. 27 in that case]. But the Court also reviewed the subsequent proceedings in both cases that include an order vacating the asset restraint entered against two defendants in Case No. 18-C-6611 (N.D. Ill.) [ECF No. 56 in that case], the filing of a new case against those two defendants, and then the entry of final judgment against those two defendants in the newly-filed case (Case No. 18-C-7621 (N.D. Ill.) referenced above. Mailed notice (ber, ) |
| Filing 30 TRANSCRIPT OF PROCEEDINGS held on 8-23-19 before the Honorable Elaine E. Bucklo. Order Number: 35863. Court Reporter Contact Information: Sandra M. Mullin, Sandra_Mullin@ilnd.uscourts.gov, 312-554-8244. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/16/2019. Redacted Transcript Deadline set for 9/26/2019. Release of Transcript Restriction set for 11/25/2019. (Mullin, Sandra) |
| Filing 29 PRELIMINARY INJUNCTION ORDER (against the defendants identified in the Schedule A attached in this order) signed by the Honorable Elaine E. Bucklo on 8/23/2019. Mailed notice. (mgh, ) |
| Filing 28 MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiffs' Motion for Preliminary Injunction #19 has been referred to Magistrate Judge Gilbert. Status hearing is set on 8/26/19 at 10:00 a.m. with counsel for Plaintiffs and Defendants 1, 8, 9, 10 and 14.Mailed notice (sxw, ) |
Filing 27
MINUTE entry before the Honorable Elaine E. Bucklo: Status and motion hearing held on 8/23/2019. Plaintiff's motion for a preliminary injunction as to all defendants except defendants 1, 8, 9, 10 and 14 is granted. Counsel for plaintiff and defendants 1, 8, 9, 10 and 14 have consented on the record to referral of the motion for a preliminary injunction as to defendants 1, 8, 9, 10 and 14 to the assigned magistrate judge. By agreement, Magistrate Judge Gilbert will decide any motion to dismiss as to these defendants, the motion for a preliminary injunction as to these defendants, and may limit or change the continued motion for a temporary restraining order, which I also grant as to defendants 1, 8, 9, 10 and 14, with a limit on the restrained assets of each of them of $10,000.00 (subject to change by Judge Gilbert). The parties stipulate that Judge Gilbert's jurisdiction as to these defendants and these motions is pursuant to Fed.R. Civ. P. 73(b)(1). Status hearing set for 10/18/2019 at 9:30 a.m. Mailed notice (mgh, )
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| Filing 26 SUMMONS Returned Executed by Wham-O Holding, Ltd., Intersport Corp. as to Defendant No. 14 on 8/22/2019, answer due 9/12/2019; Defendant Nos. 1, 9, 10 on 8/22/2019, answer due 9/12/2019; Partnerships and Unincorporated Associations Identified on Schedule "A", The on 8/22/2019, answer due 9/12/2019. (Attachments: #1 Declaration of service)(Vogt, Keith) |
| Filing 25 ATTORNEY Appearance for Defendant Defendant Nos. 1, 9, 10 by Matthew Richard Grothouse (Grothouse, Matthew) |
| Filing 24 RESPONSE by Defendant No. 14in Opposition to MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for preliminary injunction #19 (Grothouse, Matthew) |
| Filing 23 ATTORNEY Appearance for Defendant Defendant No. 14 by Matthew Richard Grothouse (Grothouse, Matthew) |
| Filing 22 SURETY BOND in the amount of $ 10,000 posted by Intersport Corp., Wham-O Holding, Ltd. (pk, ) |
| Filing 21 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #19 before Honorable Elaine E. Bucklo on 8/23/2019 at 09:30 AM. (Vogt, Keith) |
| Filing 20 MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for preliminary injunction #19 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1 to Declaration of KVogt)(Vogt, Keith) |
| Filing 19 MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for preliminary injunction (Vogt, Keith) |
| Filing 18 MINUTE entry before the Honorable Elaine E. Bucklo: Status hearing held on 8/9/2019. Plaintiff's Ex Parte motion to extend the temporary restraining order is granted. Status hearing set for 8/23/2019 at 9:30 a.m. Mailed notice. (mgh, ) |
| SUMMONS Issued as to Defendant 5.daniel3 and all other Defendants identified in the Complaint (mc, ) |
| Filing 17 SEALED TEMPORARY Restraining Order: Signed by the Honorable Elaine E. Bucklo on 7/31/2019. (mma, ) |
| Filing 16 MINUTE entry before the Honorable Elaine E. Bucklo: Motion hearing held on 7/31/2019. Plaintiff's motion for leave to file under seal #10 ; Plaintiffs motion to exceed page limitation #11 ; Plaintiff's Ex Parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary transfer of the defendant domain names, a temporary asset restraint, and expedited discovery and service of process by email and/or electronic publication 12 are granted. Enter Sealed Temporary Restraining Order. Status hearing set for 8/9/2019 at 9:30 a.m. Mailed notice. (mgh, ) |
| Filing 15 Notice of Motion for presentment of #10 #11 12 NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file #10 , motion for leave to file excess pages #11 before Honorable Elaine E. Bucklo on 7/31/2019 at 09:30 AM. (Vogt, Keith) |
| Filing 14 SEALED EXHIBIT by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. Exhibit 2 to the Declaration of Todd Richards regarding memorandum in support of motion #13 (Attachments: #1 Exhibit 2, Part 1, #2 Exhibit 2, Part 2)(Vogt, Keith) |
| Filing 13 MEMORANDUM IN SUPPORT OF 12 EX PARTE MOTION (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-6 to Declaration of KVogt, #3 Declaration of Todd Richards, #4 Exhibit 1 to Declaration of TRichards)(Vogt, Keith) |
| Filing 11 MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for leave to file excess pages (Vogt, Keith) |
| Filing 10 MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 9 SEALED DOCUMENT by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. Schedule A to Complaint (Vogt, Keith) |
| Filing 8 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (pk, ) |
| Filing 7 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (pk, ) |
| Filing 6 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (pk, ) |
| Filing 5 ATTORNEY Appearance for Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. by Yi Bu (Bu, Yi) |
| Filing 4 ATTORNEY Appearance for Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. by Yanling Jiang (Jiang, Yanling) |
| Filing 3 ATTORNEY Appearance for Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. by Keith A. Vogt (Vogt, Keith) |
| Filing 2 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 1 COMPLAINT filed by WHAM-O HOLDING, LTD., INTERSPORT CORP. d/b/a WHAM-O; Filing fee $ 400, receipt number 0752-16066503. (Attachments: #1 Exhibit 1 trademark)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (td, ) |
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