2023-cv-62059

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-17030932, filed by TOPGOLF CALLAWAY BRANDS CORP., TAYLOR MADE GOLF COMPANY, INC., KARSTEN MANUFACTURING CORPORATION, ACUSHNET COMPANY.

Civil Cover Sheet

Exhibit 1 to Complaint Certificates of Registration for the Taylor Made Tradema

Exhibit 2 to the Complaint Certificates of Registration for the Acushnet Tradem

Exhibit 3 to Complaint Certificates of Registration for the Karsten Trademarks

Exhibit 4 to Complaint Certificates of Registration for the Topgolf Callaway Br

Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

Complaint

Plaintiff's Corporate Disclosure Statement by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP. identifying Corporate Parent Acushnet Holdings Corp. for ACUSHNET COMPANY; Corporate Parent 19th Holdings (Delaware), Inc for TAYLOR MADE GOLF COMPANY, INC.

Plaintiff's MOTION to Seal per Local Rule 5.4 by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP.

SYSTEM ENTRY - Docket Entry 6 [motion] restricted/sealed until further notice. (963205) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 7 [motion] restricted/sealed until further notice. (963205) (Text entry; no document attached.)

(Text of Proposed Order)

Notice of Ninety Days Expiring by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP.

ORDER Granting [5] Motion to File Under Seal. Signed by Judge Rodney Smith on 4/30/2024. See attached document for full details.

Order (Text entry; no document attached.)

Surety BOND in the amount of $10,000 posted by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP. Approved by Judge Rodney Smith

Order (Text entry; no document attached.)

Plaintiff's MOTION to Unseal Case by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP. Responses due by 5/28/2024.

Text of Proposed Order

ORDER Granting [14] Motion to Unseal. Signed by Judge Rodney Smith on 5/13/2024. See attached document for full details.

Clerk's NOTICE of Compliance (All Docket Entries in this Case Have been Unsealed) re 15 Order on Motion to Unseal.

Plaintiff's NOTICE upon Defendants via Electronic Mail by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP. re [10] Order on Ex Parte Motion, [1] Complaint, [6] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law In Support Thereof

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP. re [10] Order on Ex Parte Motion, [7] Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law In Support Thereof, [1] Complaint, [12] Bond, [3] Form AO 120/121, [11] Order on Ex Parte Motion, [4] Certificate of Other Affiliates/Corporate Disclosure Statement, [6] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law In Support Thereof, [2] Clerks Notice of Judge Assignment, [9] Order on Motion to Seal, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [8] Notice of Ninety Days Expiring upon Defendants via website posting

Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): clearanmall.shop, aspotan.com, 3dfuncollect.com, 88silvery.com, amzgiftboutique.com, amzprintify.com, tagotee.net, eceshsports.shop, facedsdfd.tech, gifnestbuyus.com, gozolux.com, kybershop.com, liouis.com, michellepant.shop, mintfabrics.us, new-golfstore.com, omeexpress.com, outdoor-camping-supplies-shop.com, thedappertshirt.com, storeclearance-us.com, qnwb.asia, golf-ping.com, ping-online.com, ping-sale.com, callawayclub.com, proactiveping.com, gupylab.com and dealsonlines.shop.

PAPERLESS Minute Entry for proceedings held before Judge Rodney Smith: Miscellaneous Hearing held on 5/14/2024,11:20-11:25am. Preliminary Injunction to be entered. Attorney Appearance(s): Virgilio Gigante, Court Reporter: Patricia Bailey-Entin, 305-523-5635 / Patricia_BaileyEntin@flsd.uscourts.gov.

NOTICE of Filing Proposed Summons(es) by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP. re [11] Order on Ex Parte Motion

Summon(s)

Summons Issued as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A.

Clerk's Notice of Docket Correction re 22 Summons Issued. Correction Other. Wrong image attached. Restricted Image/ Summons Issued DE#24.

Summons Issued as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A.

SUMMONS (Affidavit) Returned Executed on [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ACUSHNET COMPANY, TAYLOR MADE GOLF COMPANY, INC., KARSTEN MANUFACTURING CORPORATION, TOPGOLF CALLAWAY BRANDS CORP. 3dfuncollect.com served on 5/30/2024, response/answer due 6/20/2024; 88silvery.com served on 5/30/2024, response/answer due 6/20/2024; amzgiftboutique.com served on 5/30/2024, response/answer due 6/20/2024; amzprintify.com served on 5/30/2024, response/answer due 6/20/2024; aspotan.com served on 5/30/2024, response/answer due 6/20/2024; callawayclub.com served on 5/30/2024, response/answer due 6/20/2024; clearanmall.shop served on 5/30/2024, response/answer due 6/20/2024; dealsonlines.shop served on 5/30/2024, response/answer due 6/20/2024; eceshsports.shop served on 5/30/2024, response/answer due 6/20/2024; facedsdfd.tech served on 5/30/2024, response/answer due 6/20/2024; gifnestbuyus.com served on 5/30/2024, response/answer due 6/20/2024; golf-ping.com served on 5/30/2024, response/answer due 6/20/2024; gozolux.com served on 5/30/2024, response/answer due 6/20/2024; gupylab.com served on 5/30/2024, response/answer due 6/20/2024; kybershop.com served on 5/30/2024, response/answer due 6/20/2024; liouis.com served on 5/30/2024, response/answer due 6/20/2024; michellepant.shop served on 5/30/2024, response/answer due 6/20/2024; mintfabrics.us served on 5/30/2024, response/answer due 6/20/2024; new-golfstore.com served on 5/30/2024, response/answer due 6/20/2024; omeexpress.com served on 5/30/2024, response/answer due 6/20/2024; outdoor-camping-supplies-shop.com served on 5/30/2024, response/answer due 6/20/2024; ping-online.com served on 5/30/2024, response/answer due 6/20/2024; ping-sale.com served on 5/30/2024, response/answer due 6/20/2024; proactiveping.com served on 5/30/2024, response/answer due 6/20/2024; qnwb.asia served on 5/30/2024, response/answer due 6/20/2024; storeclearance-us.com served on 5/30/2024, response/answer due 6/20/2024; tagotee.net served on 5/30/2024, response/answer due 6/20/2024; thedappertshirt.com served on 5/30/2024, response/answer due 6/20/2024.

Affidavit of Service

Affidavit of Service

Plaintiff's MOTION for Clerk's Entry of Default as to 3dfuncollect.com, 88silvery.com, The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, amzgiftboutique.com, aspotan.com, callawayclub.com, clearanmall.shop, dealsonlines.shop, eceshsports.shop, facedsdfd.tech, gifnestbuyus.com, golf-ping.com, gupylab.com, kybershop.com, liouis.com, michellepant.shop, mintfabrics.us, new-golfstore.com, outdoor-camping-supplies-shop.com, ping-online.com, ping-sale.com, proactiveping.com, qnwb.asia, storeclearance-us.com, tagotee.net, thedappertshirt.com by ACUSHNET COMPANY, TAYLOR MADE GOLF COMPANY, INC., KARSTEN MANUFACTURING CORPORATION, TOPGOLF CALLAWAY BRANDS CORP.

Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk'

Text of Proposed Order

Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A of DE#26. - Motions Terminated: 26 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 8/26/2024.

Clerk's Entry of Default as to THE INDIVIDUALS, BUSINESS ENTITIES, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A," Signed by DEPUTY CLERK on 8/26/2024.

Plaintiff's NOTICE of Filing Identification of Additional Alias for Defendant Numbers 4, 7, and 12 and Additional Financial Accounts Used By Defendant Numbers 1, 4, 7, 10, 12, 16, and 26 by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP.

Declaration of Kathleen Burns in Support Thereof

Exhibit 1 to the Declaration of Kathleen Burns

Plaintiff's MOTION to Approve Consent Judgment as to Defendant Numbers 6, 11, and 17 by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP. Responses due by 10/22/2024.

Exhibit 1 - Statements of Consent

Text of Proposed Order on Motion for Entry of Consent Final Judgment

Text of Proposed Order Consent Final Judgment and Permanent Injunction as to Def

Plaintiff's MOTION for Default Judgment and Memorandum of Law In Support Thereof by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP.

Declaration of Sami Havens in Support Thereof

Exhibit 1 to the Declaration of Sami Havens

Declaration of Lisa Rogan in Support Thereof

Exhibit 1 to the Declaration of Lisa Rogan

Declaration of Jud Hawken in Support Thereof

Exhibit 1 to the Declaration of Jud Hawken

Declaration of Daryl Rocco in Support Thereof

Exhibit 1 to the Declaration of Daryl Rocco

Declaration of Virgilio Gigante in Support Thereof

Exhibit 1 to the Declaration of Virgilio Gigante

Text of Proposed Order Granting Motion for Default Final Judgment

Text of Proposed Order Final Judgment and Preliminary Injunction

CONSENT FINAL JUDGMENT AND PERMANENTINJUNCTION AS TO DEFENDANT NUMBERS 6, 11, AND 17, Granting[30] Motion for Consent Judgment. Signed by Judge Rodney Smith on 11/26/2024. See attached document for full details.

ORDER granting [31] Motion for Default Judgment. This case is CLOSED. Signed by Judge Rodney Smith on 11/26/2024. See attached document for full details.

Civil Case Terminated. Per DE#33. Closing Case. (Text entry; no document attached.)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

DEFAULT FINAL JUDGMENT AND PERMANENT INJUNCTION in favor of ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP. against The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A attached. Signed by Judge Rodney Smith on 11/26/2024. See attached document for full details.