Wham-O Holding, Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Wham-O Holding, Ltd. and Intersport Corp. d/b/a Wham-O |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Banen and Yao |
| 1:2023cv00579 |
| January 31, 2023 |
| US District Court for the Northern District of Illinois |
| Sharon Johnson Coleman |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 PRELIMINARY INJUNCTION Order. Signed by the Honorable Sharon Johnson Coleman on 3/31/2023.Mailed notice.(ym,) |
| Filing 36 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 3/31/2023. Defendants did not appear nor contact the Court. Plaintiffs' motion for entry of a preliminary injunction #32 is granted. Enter Order. The Clerk's Office is to unseal Plaintiffs' [Amended] Schedule A to the Complaint #21 , [Amended] Exhibit 2 to the Declaration of Todd Richards #24 , and the Temporary Restraining Order #30 . An in-person status hearing is set for 5/15/2023 at 10:15 AM. Law Firm of Jiangip LLC 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 located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. (ym,) |
| NEW PARTIES: Banen and Yao added to case caption. (Vogt, Keith) |
| Filing 35 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 3/24/2023, answer due 4/14/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 34 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #32 before Honorable Sharon Johnson Coleman on 3/31/2023 at 10:30 AM. (Vogt, Keith) |
| Filing 33 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction #32 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 32 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for preliminary injunction (Vogt, Keith) |
| Filing 31 Surety BOND in the amount of $ 10,000 posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. (Document not scanned) (rc, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jb, ) |
| Filing 30 TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sharon Johnson Coleman on 3/17/2023. Mailed notice. (ym, ) (Docket Text Modified by the Clerk's Office on 3/31/2023.) (ym, ). |
| Filing 29 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 3/17/2023. Plaintiffs' motion to exceed page limitation #14 , sealed motion 15 , and motion for leave to file under seal [13,22] are all granted. Enter Order. An in-person status hearing is set for 3/31/2023 at 10:30 AM. Mailed notice. (ym, ) |
| Filing 28 MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of plaintiffs' motion to exceed page limitation #14 , sealed motion 15 , and motion for leave to file under seal #22 set for 3/17/2023 at 10:30 AM will proceed as an in-person hearing in courtroom 1241. Mailed notice. (ym, ) |
| Filing 27 in support of #22 motion to seal, 15 exparte motion, and #14 motion to file excess pages NOTICE of Motion by Keith A. Vogt for presentment of before Honorable Sharon Johnson Coleman on 3/17/2023 at 10:30 AM. (Vogt, Keith) |
| Filing 26 SEALED EXHIBIT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. regarding memorandum in support of motion #25 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Vogt, Keith) |
| Filing 25 MEMORANDUM Establishing that Joinder is Proper (Attachments: #1 Exhibit 1, filed under seal, #2 Exhibit 2, filed under seal)(Vogt, Keith) |
| Filing 24 [AMENDED] EXHIBIT 2 by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Declaration of Todd Richards regarding memorandum in support of motion, #23 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) (Docket Text Modified by the Clerk's Office on 3/31/2023.) (ym, ). |
| Filing 23 MEMORANDUM [Amended] Memorandum #16 in Support of Exparte Motion 15 (Attachments: #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 Richard's declaration)(Vogt, Keith) |
| Filing 22 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file under seal (Vogt, Keith) |
| Filing 21 [AMENDED] SCHEDULE A by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. to Complaint (1) and Schedule A to Complaint(2) (Vogt, Keith) (Docket Text Modified by the Clerk's Office on 3/31/2023.) (ym,). |
| Filing 20 MINUTE entry before the Honorable Sharon Johnson Coleman: Upon review of the Complaint and the motion for Temporary Restraining Order, the Court questions whether joinder of 161 defendants is appropriate in this case. See, e.g. Estee Lauder Cometics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020) (Chang, J.). Plaintiff shall file a supplemental memorandum addressing the propriety of joinder by 3/10/2023 in light of the application of Federal Rule of Civil Procedure 20(a)(2) as outlined in Estee Lauder. Plaintiff may alternatively attempt to cure the joinder deficiency by filing an amended complaint containing fewer defendants along with its memorandum. Presentment of the TRO motion on 2/23/2023 is stricken. Mailed notice. (ym, ) |
| Filing 19 MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of plaintiffs' motion for leave to file under seal #13 , motion to exceed page limitation #14 , and sealed motion 15 set for 2/23/2023 at 11:00 AM will proceed as an in-person hearing in courtroom 1241. Mailed notice. (ym, ) |
| Filing 18 presentment for Exparte Motion 15 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file #13 , motion for leave to file excess pages #14 before Honorable Sharon Johnson Coleman on 2/23/2023 at 11:00 AM. (Vogt, Keith) |
| Filing 17 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, #16 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5)(Vogt, Keith) |
| Filing 16 MEMORANDUM in support of 15 Exparte motion (Attachments: #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 Richard's declaration)(Vogt, Keith) |
| Filing 14 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file excess pages (Vogt, Keith) |
| Filing 13 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file under seal (Vogt, Keith) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (rc, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA. (rc, ) |
| Filing 10 MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff is put on notice that it may be required to file a memorandum discussing the propriety of joinder under Federal Rule of Civil Procedure 20(a)(2) if it appears that defendants are too numerous or unconnected. In addition, should default judgment enter against defendant(s), Plaintiff should be prepared to prove up damages by affidavit or hearing. Mailed notice. (ym, ) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 8 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman (Grodman, Adam) |
| Filing 7 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu (Bu, Yi) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang (Jiang, Yanling) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt [CORRECTED] Appearance Form (Vogt, Keith) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint (1) (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O ; Filing fee $ 402, receipt number AILNDC-20300094. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| 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. (smb, ) |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (smb, ) |
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