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, Goorabbit and Goorabbit Store |
| 1:2023cv04351 |
| July 6, 2023 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on August 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 CERTIFICATE of Service by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. regarding set/reset hearings,,,, #29 (Vogt, Keith) |
| Filing 29 MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for default judgment #26 . Defendant shall have until 09/01/2023 to file an appearance or objection to entry of default. A default judgment hearing is set for 9/6/23 at 10:30 a.m. by WebEx video conference, at which time Plaintiff should be prepared to address the support for an award of $50,000 in statutory damages. The dial-in number for the public is: 650-479-3207; access code is: 23191536846. The parties will receive a WebEx invitation by email. Plaintiff is directed to serve a copy of this minute order on Defendant by electronic service. During the video hearing, the parties should turn off their cameras and mute their microphones until their case is called. All 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 court-imposed 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. (ca, ) |
| Filing 28 MINUTE entry before the Honorable Nancy L. Maldonado: Pursuant to the notice of voluntary dismissal, Defendant No. 22Goorabbit Store is dismissed without prejudice. (ca, ) |
| Filing 27 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment #26 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 26 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for default judgment as to The Defendants Identified In First Amended Schedule A (Vogt, Keith) |
| Filing 25 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 2 Goorabbit Store (Vogt, Keith) |
| Filing 24 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 8/1/2023.(ca, ) |
| Filing 23 MINUTE entry before the Honorable Nancy L. Maldonado: No defendant having appeared or objected, Plaintiff's motion for entry of a preliminary injunction #18 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal all documents that were previously filed under seal. Plaintiff's counsel is ordered to add Defendants' names listed on 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. (ca, ) |
| NEW PARTIES: Goorabbit and Goorabbit Store added to case caption. (Bu, Yi) |
| Filing 22 MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for a preliminary injunction #18 . Defendants have until 07/31/2023 to appear and file any objection to the motion. If no appearance or objection is filed, the motion will be granted. Plaintiff should serve a copy of this minute order on Defendants via electronic service. The Court notes that Plaintiff may seek an extension of the TRO if necessary in the interim before any preliminary injunction is issued. (ca, ) |
| Filing 21 SURETY BOND in the amount of $ $10,000.00 posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. (tg, ) |
| Filing 20 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 7/17/2023, answer due 8/7/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 19 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction #18 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 18 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for preliminary injunction (Vogt, Keith) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (khg, ) |
| Filing 17 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 7/12/2023. Mailed notice. (kl, ) |
| Filing 16 MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file under seal #10 , for leave to file excess pages #11 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email or electronic publication 12 , are 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 the individuals and entities operating Defendants stores, 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. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. In light of the Supreme Court's recent holding in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. ___ (2023) that 1114(1)(a) and 1125(a)(1) of the Lanham Act do not have extraterritorial application, Plaintiff should attempt to seek discovery that identifies where Defendants used Plaintiff's marks in commerce. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (ca, ) |
| Filing 15 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 14 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, #13 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) |
| Filing 13 MEMORANDUM in support of 12 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 11 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file excess pages (Vogt, Keith) |
| Filing 10 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file under seal (Vogt, Keith) |
| Filing 9 SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. [Amended] Schedule A to Complaint #1 and Schedule A to Complaint #2 (Vogt, Keith) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jb, ) |
| 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. (jb, ) |
| Filing 8 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang (Jiang, Yanling) |
| 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-20805378. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
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