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, abrrlo002, bi4-50, fatnou38, nrituk, xxx1347-59b, Jinanruidaohuliangwangyouxiangongsi, Kun Ming Nuan Wan Dian Zi Shang Wu You Xian Gong Si, Maanshandechudianzishangwuyouxiangongsi, Shandongshengwanjiaxinxikejiyouxiangongsi, Shen Zhen Shi Wan Bang Tong Da Ke Ji You Xian Gong Si, Wuhanqingzhiyunjiafangyouxiangongsi, aifengshanghang, Amaazons, AULY, Awaken Time, bianchunyubkeogo, Blue lady888, Boga porcelain, CheerHP, chengpinkaixinshangmao, chenxiangyi, Chiyoung Ouyang, Dijiao, Dreamtale, Duan-hongxin, FaithFul, FANLINRITA, feiyuedianzishangwujingxiaobu, Fieumkkqn, FyBudget shop, Gckdiwokm, Glow Fever by Partydragon, gmoon, gongxiaofanwuxiao, H&H Life, HanDeWanChangShangMaoYouXianGongSi, Hanggangjiegou, Hiccval, HPWell, Jane-US, JHWQD Shop, jingqingsvip, Jurenhuizhi, kasadin 112, kunmingjianqiamaoyiyouxianzerengongsi, KunShunJiuTai, LDD123, Lefnuenmci, Liang mall, HP (7-12 Days for Delivey), LIEHENSHANGDIAN, liliOutdoor products, Lingwu Store, Lisa Susie LLC, MING PIN MAOYI, Mingurial, Miracle2023, ng zhou fei ke shang mao you xian go, ning xiang de ben ri yong bai huo shang hang, Norya shop, NVOART-US, OnePlusStars, outaoyoupin, PHSXD, qiangxing, qianjiafushangcheng, QWRETY, rongshishuo, SB Online Selling, Serendipperson, shanhaiqing(7-15 Days delivered to you), shanliangbaihuodian, Sheshapho, shishangaishi, shuxuezhai-shop, tanbenyong store, tcukli, The sea is full of rivers, Three Nice, tianhuyongpindian, tingle, Tnarro, tuiahren, Vastzey, VIFAT, vivian!, WANGYONGG, WUHANMEIYOU, Wymxjx, xiangdongxingshangmao, XINYUANHAICHENG, XuJuanDeDian, xuyishengshangmao, YaOuchuanmei, Yeahmei, yes two, YIFANBAIHUOUS, Yingzhiding, yong yuan guo ji mao yi, yongchunshenghestore, Yongsong Firm, Youyou Snian Store, yulei888, YunChuang-US, yunzhifanbaihuo, yuxiaoqing313, YUXINAI, zamir-us, zhangfukuan, Zhangyichuans, zhangyuningni, ZhihongDa, Zhuanmeidao, ZYL123, Defendant no. 115, Defendant no. 116, Defendant no. 117, Defendant no. 118, Defendant no. 119, Defendant no. 120, Defendant no. 121 and Defendant no. 122 |
| 1:2023cv02957 |
| May 11, 2023 |
| US District Court for the Northern District of Illinois |
| Robert W Gettleman |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 39 MINUTE entry before the Honorable Robert W. Gettleman: In accordance with Paragraph 9 of the Default Final Judgment Order #37 , the Clerk of the Court is directed to return the ten thousand dollar ($10,000) surety bond posted by WHAM-O to WHAM-O or Plaintiffs' counsel, at Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604 via certified mail. Mailed notice (cn). |
| MAILED original ten-thousand-dollar ($10,000) surety bond posted by WHAM-O to Plaintiffs' counsel, at Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604 via certified mail # 7001 2510 0005 7681 6580. (axk, ) |
| Filing 38 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 37 FINAL JUDGMENT ORDER signed by the Honorable Robert W. Gettleman on 7/6/2023. Mailed notice (cn). |
| Filing 36 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 7/6/2023. No defense counsel appeared on the hearing. For the reasons stated on the record, Plaintiffs' Motion For Entry Of Default And Default Judgment Against The Defendants Identified In First Amended Schedule A #32 is granted. Enter order. Civil case terminated. Mailed notice (cn). |
| Filing 35 STATUS Report Plaintiffs' Status Report by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. (Vogt, Keith) |
| Filing 34 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment, #32 before Honorable Robert W. Gettleman on 7/6/2023 at 09:15 AM. (Vogt, Keith) |
| Filing 33 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment, #32 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 32 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for default judgment as to Plaintiffs' Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A (Vogt, Keith) |
| Filing 31 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 30 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 3 fatnou 38 (Vogt, Keith) |
| NEW PARTIES: LIEHENSHANGDIAN, liliOutdoor products, Lingwu Store, Lisa Susie LLC, MING PIN MAOYI, Mingurial, Miracle2023, ng zhou fei ke shang mao you xian go, ning xiang de ben ri yong bai huo shang hang, Norya shop, NVOART-US, OnePlusStars, outaoyoupin, PHSXD, qiangxing, qianjiafushangcheng, QWRETY, rongshishuo, SB Online Selling, Serendipperson, shanhaiqing(7-15 Days delivered to you), shanliangbaihuodian, Sheshapho, shishangaishi, shuxuezhai-shop, tanbenyong store, tcukli, The sea is full of rivers, Three Nice, tianhuyongpindian, tingle, Tnarro, tuiahren, Vastzey, VIFAT, vivian!, WANGYONGG, WUHANMEIYOU, Wymxjx and xiangdongxingshangmao added to case caption. (Bu, Yi) |
| NEW PARTIES: XINYUANHAICHENG, XuJuanDeDian, xuyishengshangmao, YaOuchuanmei, Yeahmei, yes two, YIFANBAIHUOUS, Yingzhiding, yong yuan guo ji mao yi, yongchunshenghestore, Yongsong Firm, Youyou Snian Store, yulei888, YunChuang-US, yunzhifanbaihuo, yuxiaoqing313, YUXINAI, zamir-us, zhangfukuan, Zhangyichuans, zhangyuningni, ZhihongDa, Zhuanmeidao and ZYL123 added to case caption. (Bu, Yi) |
| NEW PARTIES: Defendant no. 115, Defendant no. 116, Defendant no. 117, Defendant no. 118, Defendant no. 119, Defendant no. 120, Defendant no. 121 and Defendant no. 122 added to case caption. (Bu, Yi) |
| NEW PARTIES: HP (7-12 Days for Delivey) added to case caption. (Bu, Yi) |
| NEW PARTIES: abrrlo002, bi4-50, fatnou38, nrituk, xxx1347-59b, Jinanruidaohuliangwangyouxiangongsi, Kun Ming Nuan Wan Dian Zi Shang Wu You Xian Gong Si, Maanshandechudianzishangwuyouxiangongsi, Shandongshengwanjiaxinxikejiyouxiangongsi, Shen Zhen Shi Wan Bang Tong Da Ke Ji You Xian Gong Si, Wuhanqingzhiyunjiafangyouxiangongsi, aifengshanghang, Amaazons, AULY, Awaken Time, bianchunyubkeogo, Blue lady888, Boga porcelain, CheerHP, chengpinkaixinshangmao, chenxiangyi, Chiyoung Ouyang, Dijiao, Dreamtale, Duan-hongxin, FaithFul, FANLINRITA, feiyuedianzishangwujingxiaobu, Fieumkkqn, FyBudget shop, Gckdiwokm, Glow Fever by Partydragon, gmoon, gongxiaofanwuxiao, H&H Life, HanDeWanChangShangMaoYouXianGongSi, Hanggangjiegou, Hiccval, HPWell, Jane-US, JHWQD Shop, jingqingsvip, Jurenhuizhi, kasadin 112, kunmingjianqiamaoyiyouxianzerengongsi, KunShunJiuTai, LDD123, Lefnuenmci and Liang mall added to case caption. (Bu, Yi) |
| Filing 29 PRELIMINARY INJUNCTION Order signed by the Honorable Robert W. Gettleman on 6/7/2023. Law Firms Keith Vogt, Ltd. and JiangIP LLC are 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/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. As set forth in the Preliminary Injunction, The Clerk is directed to unseal Corrected Schedule A to the Complaint #10 , Exhibit 2 to the Declaration of Todd Richards #15 , and the Temporary Restraining Order #17 . Mailed notice (cn). |
| Filing 28 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 6/7/2023. For the reasons set forth on the record, Plaintiffs' motion for entry of a preliminary injunction #24 is granted. Courtroom deputy forwarded email to counsel from a defendant in this action and that defendant will not be included in the preliminary injunction order. Enter order. Telephonic hearing set for 7/6/2023 at 9:15 a.m. on the Webex platform. Plaintiff is directed to file a short status report by 7/3/2023. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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 (cn). |
| Filing 27 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 5/30/2023, answer due 6/20/2023. (Attachments: #1 Declaration of Service, Keith A. Vogt)(Vogt, Keith) |
| Filing 26 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #24 before Honorable Robert W. Gettleman on 6/7/2023 at 09:15 AM. (Vogt, Keith) |
| Filing 25 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction #24 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 24 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for preliminary injunction (Vogt, Keith) |
| Filing 23 MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' motion to extend the Temporary Restraining Order #17 through 6/9/2023 #21 is granted. Telephonic hearings set for 5/25/2023 are stricken and hearing reset to 6/7/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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 (cn). |
| Filing 22 NOTICE of Motion by Keith A. Vogt for presentment of extension of time #21 before Honorable Robert W. Gettleman on 5/25/2023 at 09:20 AM. (Vogt, Keith) |
| Filing 21 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for extension of time for Temporary Restraining Order (Vogt, Keith) |
| Filing 20 SURETY BOND in the amount of $10,000 posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. (lw, ) |
| Filing 19 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jk2, ) |
| Filing 18 MAILED trademark report to Patent Trademark Office, Alexandria VA. (jk2, ) |
| Filing 17 TEMPORARY Restraining Order signed by the Honorable Robert W. Gettleman on 5/12/2023. Mailed notice (cn). Modified on 6/8/2023 (ph, ). |
| Filing 16 MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' Motion for Leave to File Under Seal #11 , Motion to Exceed Page Limitation #12 , and 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 13 are granted. Enter sealed order. Telephonic hearing set for 5/25/2023 at 9:20 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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 (cn). |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (smb, ) |
| Filing 15 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, #14 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5)(Vogt, Keith) Modified on 6/8/2023 (ph, ). |
| Filing 14 MEMORANDUM in support of 13 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 Richards declaration)(Vogt, Keith) |
| Filing 12 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file excess pages (Vogt, Keith) |
| Filing 11 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file under seal (Vogt, Keith) |
| Filing 10 [CORRECTED] SCHEDULE A TO COMPLAINT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. [Corrected] Schedule A to Complaint #1 & Schedule A to Complaint #2 (Vogt, Keith) Modified on 6/8/2023 (ph, ). |
| 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 (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-20627896. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (daj, ) |
| 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. (daj, ) |
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