InterSport Corp. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| InterSport Corp. d/b/a Wham-O and InterSport Corp. doing business as Wham-O |
| The Partnerships and Unincorporated Associations Identified on Schedule A, ASIANGLOBALHUB, CHARM LAMP, CheChe-nh, Chi Jiao Ke Trading Co., Ltd., COOLBOSS Sports, Cruiser Rhino US, DINGSHANGZ, enshishiWanChunXinXiyouxiangongsi, HIDENO(3-14 Days Delivery), Humixx Direct, Ianucy (3-14 days delivery), JIANQI GAO STORE, JiaX Store, jiaxinshangwu, KJP Sport US, LeiWeia, Little that, Longxiaoping, MTFUWU, QiHuiBianLiShangHang, RARA Entertainment, RK NARAYAN TRADERS, SANKS, seal time, TENXOE-US, trendsetter life, wenguochen123, XINLOUTECH, Beyond technology Co. ltd, CEECOLES, Gesuidianzishangwu, GLVSZ, goGLOCAL, Guangzhoushihuangdoukuajingmaoyiyouxiangongsi, hongdongxiantesadianzishangwuyouxiangongsi, HZMYMY, Jenpow, jiangxinyamashangmao, Jinglinuowei Co. Ltd, Joybuy Marketplace (Fashion), kunkunJay, Laiyuanyacai Trade, LC Home Creations, Lucky Cat Co.Itd, LUKEVILLE LUXURY LINEN, OKLII, Qtinghua Fashion, Ruiyumei Trading, Salelign, shengyang Zhou, shenzhenshipuyukeji, shibinjie, StonKraft Retail Private Limited, sumai, tianjinshidongfangsugouwangluokejiyouxiangongsi, TianRui, TuseyRxln, Weitian Industrial Co., Ltd., Xu-mh, yilanxianxianghu Co. Ltd, yilimaoyi, YouNuoYuKeJiYouXianGongSi, ZHUY, Zocasl and ZOZENG |
| 1:2024cv03521 |
| May 1, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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| Filing 36 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 20 QiHuiBianLiShangHang (Vogt, Keith) |
| Filing 35 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 34 DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 6/18/2024. Notices Mailed. (psm, ) |
| Filing 33 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for default judgment #29 is granted. Enter Default Judgment. Terminate civil case. Notices Mailed. (psm, ) |
| Filing 32 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 31 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment #29 before Honorable Manish S. Shah on 6/18/2024 at 09:45 AM. (Vogt, Keith) |
| Filing 30 MEMORANDUM by InterSport Corp. 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 Plaintiff InterSport Corp. for default judgment as to Against the Defendants Identified in First Amended Schedule A (Vogt, Keith) |
| Filing 28 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| NEW PARTIES: XINLOUTECH, Beyond technology Co. ltd, CEECOLES, Gesuidianzishangwu, GLVSZ, goGLOCAL, Guangzhoushihuangdoukuajingmaoyiyouxiangongsi, hongdongxiantesadianzishangwuyouxiangongsi, HZMYMY, Jenpow, jiangxinyamashangmao, Jinglinuowei Co. Ltd, Joybuy Marketplace (Fashion), kunkunJay, Laiyuanyacai Trade, LC Home Creations, Lucky Cat Co.Itd, LUKEVILLE LUXURY LINEN, OKLII, Qtinghua Fashion, Ruiyumei Trading, Salelign, shengyang Zhou, shenzhenshipuyukeji, shibinjie, StonKraft Retail Private Limited, sumai, tianjinshidongfangsugouwangluokejiyouxiangongsi, TianRui, TuseyRxln, Weitian Industrial Co., Ltd., Xu-mh, yilanxianxianghu Co. Ltd, yilimaoyi, YouNuoYuKeJiYouXianGongSi, ZHUY, Zocasl and ZOZENG added to case caption. (Vogt, Keith) |
| NEW PARTIES: ASIANGLOBALHUB, CHARM LAMP, CheChe-nh, Chi Jiao Ke Trading Co., Ltd., COOLBOSS Sports, Cruiser Rhino US, DINGSHANGZ, enshishiWanChunXinXiyouxiangongsi, HIDENO(3-14 Days Delivery), Humixx Direct, Ianucy (3-14 days delivery), JIANQI GAO STORE, JiaX Store, jiaxinshangwu, KJP Sport US, LeiWeia, Little that, Longxiaoping, MTFUWU, QiHuiBianLiShangHang, RARA Entertainment, RK NARAYAN TRADERS, SANKS, seal time, TENXOE-US, trendsetter life and wenguochen123 added to case caption. (Vogt, Keith) |
| Filing 27 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 5/21/2024. Notices Mailed. (psm, ) |
| Filing 26 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction #22 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices Mailed. (psm, ) |
| Filing 25 SUMMONS Returned Executed by InterSport Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/14/2024, answer due 6/4/2024. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 24 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #22 before Honorable Manish S. Shah on 5/21/2024 at 09:45 AM. (Vogt, Keith) |
| Filing 23 MEMORANDUM by InterSport Corp. in support of motion for preliminary injunction #22 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's Declaration)(Vogt, Keith) |
| Filing 22 MOTION by Plaintiff InterSport Corp. for preliminary injunction (Vogt, Keith) |
| Filing 21 SURETY BOND in the amount of $ 10,000 posted by InterSport Corp. (document not imaged). (jb, ) |
| Filing 20 TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 5/6/2024. Notices Mailed. (psm, ) Modified on 5/22/2024 (jb, ). |
| Filing 19 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions #11 #12 13 are granted, and no appearance is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court finds that security in the amount of $10,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices Mailed. (psm, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jmv, ) |
| Filing 18 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jb, ) |
| Filing 17 MAILED trademark report to Patent Trademark Office, Alexandria VA (jb, ) |
| Filing 16 Presentment for Exparte motion 13 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file #11 , motion for leave to file excess pages #12 before Honorable Manish S. Shah on 5/7/2024 at 09:45 AM. (Vogt, Keith) |
| Filing 15 EXHIBIT 2 by Plaintiff InterSport Corp. d/b/a Wham-O Sealed Exhibit 2, Declaration of Kurt Rios regarding memorandum in support of motion, #14 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2)(Vogt, Keith) Modified on 5/22/2024 (jb, ). |
| 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 Kurt Rios, #4 Exhibit 1, of of Kurt Rios' declaration)(Vogt, Keith) |
| Filing 12 MOTION by Plaintiff InterSport Corp. d/b/a Wham-O for leave to file excess pages (Vogt, Keith) |
| Filing 11 MOTION by Plaintiff InterSport Corp. d/b/a Wham-O for leave to file under seal (Vogt, Keith) |
| Filing 10 ATTORNEY Appearance for Plaintiff InterSport Corp. d/b/a Wham-O by Yi Bu (Bu, Yi) |
| Filing 9 ATTORNEY Appearance for Plaintiff InterSport Corp. d/b/a Wham-O by Yanling Jiang (Jiang, Yanling) |
| Filing 8 ATTORNEY Appearance for Plaintiff InterSport Corp. d/b/a Wham-O by Monica Rita Martin (Martin, Monica) |
| Filing 7 ATTORNEY Appearance for Plaintiff InterSport Corp. d/b/a Wham-O by Christopher Romero (Romero, Christopher) |
| Filing 6 ATTORNEY Appearance for Plaintiff InterSport Corp. d/b/a Wham-O by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 5 ATTORNEY Appearance for Plaintiff InterSport Corp. d/b/a Wham-O by Adam Grodman (Grodman, Adam) |
| Filing 4 ATTORNEY Appearance for Plaintiff InterSport Corp. d/b/a Wham-O by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SCHEDULE A to complaint by Plaintiff InterSport Corp. d/b/a Wham-O Schedule A to Complaint #1 (Vogt, Keith) Modified on 5/22/2024 (jb, ). |
| Filing 1 COMPLAINT filed by InterSport Corp. d/b/a Wham-O; Filing fee $ 405, receipt number AILNDC-21917742. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (axk, ) |
| 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. (axk, ) |
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