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, Adons pet, Ah Kai Life, AILNT, Aisling Trading, AOILDLLI, AOXUNDIY, Ataraxia, baozou, Be Stronger, BEAUTICHEN STORES, Best gogo, BESTLAN, BonreLife, Botai house, Children Music Times Life, Childs Play Castle, City of the sea the lighter, Commodity Market, COPPSC, CZQ super factory, Daily Goods, Detech, Doggtoys, EHUI, ENTHUSIASMS, Eribo Mother and Baby, Eternal Gate, Eternal International, Explore the world, Field expansion, Floating pig mother and baby, foreveronline, Green Lemon Premium, GY articles of everyday use, GYH, Hippos, Holiday Shop, Hubb, ISBONBON, jackwang, jiangnanyanyu, JIAWPAL, Jufan toys, Jurassic Animal toys, JY Rich, Kanghe Preferred, KangleFitness, katahui, KKTTWW, LeMall, LifePavilion, LILIGO, Lingxiaobao branch, Liuym super factory, LKshop, LONGQUAN, LSLO, lucky house life, LWFS, Makei, MICROTIME, Mingruo, Miss Zhangs Shop, Mriaiz, MyDear, NAT creative gift, Nina Outdoorsy Collective, ONE NORE TIME, ORDEBOLL, Pandora, PETS HOMME, Pinball toys, Pixel Art Toys, Powerseller, Qi Di, Queenral Sports Bra, RABBITOY, Rongyi shop, Run for sports, SailTechg, Sanga Home, Sea Moon, Shidai, Shopping Centers, Siheng Pet Living House, Sjbeauty, Smile life at home daily, SOEMER, Szeahki, Tai Lai Daily Merchandise, TARTGO, Teddy Kit, The ni act the role ofing is, Thrivingxinxin, TOM GARDEN, TONGYUE, TOP MALL, Torrey, twinkledoris, TXYTrust Mart, Unlimited potential, Vexa, VIRGO NING, Winsir Sports, WITLEO WISLEO, Wuxince, XIAYU, XICHEN SPORTS AND FITNESS, XILAIYA, xingxingshangmao, Xuansheng precision hardware, yingge pet and ZERO D DISC |
| 1:2023cv05926 |
| August 23, 2023 |
| U.S. District Court for the Northern District of Illinois |
| John J Tharp |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 33 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal #31 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the defendants listed therein are dismissed from this case. Mailed notice (air, ) |
| Filing 32 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment #29 is taken under advisement. Any objections or responses are due by 10/31/23. Mailed notice (air, ) |
| Filing 31 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 30 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment #29 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 29 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 (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| NEW PARTIES: jiangnanyanyu, JIAWPAL, Jufan toys, Jurassic Animal toys, JY Rich, Kanghe Preferred, KangleFitness, katahui, KKTTWW, LeMall, LifePavilion, LILIGO, Lingxiaobao branch, Liuym super factory, LKshop, LONGQUAN, LSLO, lucky house life, LWFS, Makei, MICROTIME, Mingruo, Miss Zhangs Shop, Mriaiz, MyDear, NAT creative gift, Nina Outdoorsy Collective, ONE NORE TIME, ORDEBOLL, Pandora, PETS HOMME, Pinball toys, Pixel Art Toys, Powerseller, Qi Di, Queenral Sports Bra, RABBITOY, Rongyi shop, Run for sports, SailTechg, Sanga Home, Sea Moon, Shidai, Shopping Centers, Siheng Pet Living House, Sjbeauty, Smile life at home daily, SOEMER, Szeahki, Tai Lai Daily Merchandise, TARTGO, Teddy Kit, The ni act the role ofing is, Thrivingxinxin, TOM GARDEN, TONGYUE, TOP MALL, Torrey, twinkledoris, TXYTrust Mart, Unlimited potential, Vexa, VIRGO NING, Winsir Sports, WITLEO WISLEO, Wuxince, XIAYU, XICHEN SPORTS AND FITNESS, XILAIYA, xingxingshangmao, Xuansheng precision hardware, yingge pet and ZERO D DISC added to case caption. (Bu, Yi) |
| NEW PARTIES: Adons pet, Ah Kai Life, AILNT, Aisling Trading, AOILDLLI, AOXUNDIY, Ataraxia, baozou, Be Stronger, BEAUTICHEN STORES, Best gogo, BESTLAN, BonreLife, Botai house, Children Music Times Life, Childs Play Castle, City of the sea the lighter, Commodity Market, COPPSC, CZQ super factory, Daily Goods, Detech, Doggtoys, EHUI, ENTHUSIASMS, Eribo Mother and Baby, Eternal Gate, Eternal International, Explore the world, Field expansion, Floating pig mother and baby, foreveronline, Green Lemon Premium, GY articles of everyday use, GYH, Hippos, Holiday Shop, Hubb, ISBONBON and jackwang added to case caption. (Bu, Yi) |
| Filing 28 PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 9/26/2023. Mailed notice(air, ) |
| Filing 27 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiffs' motion for entry of a preliminary injunction #24 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiffs are ordered to enter in CM/ECF no later than 10/3/23 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4 Mailed notice (air, ) |
| Filing 26 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 9/22/2023, answer due 10/13/2023. (Attachments: #1 Declaration of Service, Keith A. Vogt, #2 Exhibit 1, #3 Exhibit 2)(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 SURETY BOND in the amount of $ 113,000 posted by Wham-O Holding, Ltd. (Document not Scanned) (jh, ) |
| Filing 22 SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 9/12/2023. Mailed notice(air, ) |
| Filing 21 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO 12 is granted. Plaintiff's motions for leave to file under seal #10 and to exceed page limitation #11 are granted. Enter temporary restraining order.Mailed notice (air, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (axa, ) |
| Filing 20 MINUTE entry before the Honorable John J. Tharp, Jr: The Court received an email in its proposed order inbox indicating that an updated proposed order document was intended to be attached to said email; however, the email does not contain any attachments. The plaintiff is directed to resend the email with the intended attachment. Mailed notice (air, ) |
| Filing 19 SEALED EXHIBIT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Amended Exhibit 2, Declaration of Todd Richards regarding exhibit, #14 , memorandum in support of motion, #13 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5, #6 Exhibit 2-6, #7 Exhibit 2-7, #8 Exhibit 2-8, #9 Exhibit 2-9)(Vogt, Keith) |
| Filing 18 SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Amended Schedule A #2 to Complaint #1 (Vogt, Keith) |
| Filing 17 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jn, ) |
| Filing 16 MAILED trademark report to Patent Trademark Office, Alexandria VA. (jn, ) |
| Filing 15 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiffs' motion for TRO 12 is denied without prejudice. The plaintiffs have not met their burden for preliminary ex parte relief because their claims of trademark infringement against numerous of the defendants identified on the sealed schedule A are not colorable. This is apparent based on their sealed exhibit 2 #14 . Specific examples of the plaintiffs' implausible claims of infringement include the claims against: defendant no. 5, as its use of the mark on PageID: #331 [14-1] does not describe or identify the source of the good being sold but rather references other products; defendant no. 24, who does not use the mark in reference to its own product or store but rather to refer to the health benefits of the associated activity, PageID: #466 [14-2]; defendant no. 105, which merely states in passing that use of its product combines the functions of the mark and other equipment, Page 100 of 105 [14-7]. These are but a few examples of over-inclusivity of the plaintiffs' schedule A and are not meant to be an exhaustive list. The plaintiffs are directed to submit an amended schedule A and exhibit 2 that are limited to claims of infringements that the plaintiffs have a good-faith basis to assert given the statutory and common law contours for what constitutes trademark infringement, even in the absence of adversarial presentation. Failure to do so may result in dismissal of this case with prejudice. Mailed notice (air, ) |
| 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, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5, #6 Exhibit 2-6, #7 Exhibit 2-7, #8 Exhibit 2-8, #9 Exhibit 2-9, #10 Exhibit 2-10, #11 Exhibit 2-11, #12 Exhibit 2-12, #13 Exhibit 2-13, #14 Exhibit 2-14)(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 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Monica Rita Martin (Martin, Monica) |
| 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-20960026. (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. (jcm) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (jcm) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
