2022-cv-01457

COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 402, receipt number 0752-19262521.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff KTM AG by Michael A. Hierl

ATTORNEY Appearance for Plaintiff KTM AG by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray

MOTION by Plaintiff KTM AG to seal document Plaintiff's Motion for Leave to File Under Seal

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by KTM AG

SEALED DOCUMENT by Plaintiff KTM AG Sealed Schedule A

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Text entry; no document attached.)

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. (Text entry; no document attached.)

MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff KTM AG for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by KTM AG in support of motion for temporary restraining order, 10

Declaration Trunkenpolz/Sigl Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 1 of Trunkenpolz/Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 2 of Trunkenpolz/Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 3 of Trunkenpolz/Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 4 of Trunkenpolz/Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 5 of Trunkenpolz/Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 6 of Trunkenpolz/Sigl Declaration

Notice of Claims Involving Trademarks by KTM AG

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to file under seal 6 and motion to file excess pages 9 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 10 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 4/5/2022 at 8:15 AM. The following call-in number will be used: 888-684-8852; access code 746-1053. Any motion for preliminary injunction or motion to extend the TRO must be filed by no later than 3/31/2022. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 3/22/2022.

SURETY BOND in the amount of $ 10,000.00 posted by KTM AG.

MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Matthew F. Kennelly: Ex parte motion to extend temporary restraining order is granted -24]. The ex parte temporary restraining order entered by the Court on 3/22/2022 is extended through 4/19/2022. The telephonic preliminary injunction hearing and status hearing set for 4/5/2022 is vacated and reset to 4/19/2022 at 8:05 AM, using call-in number 888-684-8852, access code 746-1053. Motion for preliminary injunction must be filed by no later than 4/12/2022 and must include a certificate of service describing upon whom and how it was served.

MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by KTM AG in support of motion for preliminary injunction 26

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 26

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (Text entry; no document attached.)

SUMMONS Returned Executed by KTM AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/12/2022, answer due 5/3/2022.

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for preliminary injunction is granted 26. Enter Preliminary Injunction Order. The telephonic status and preliminary injunction hearing set for 4/19/2022 is vacated. The Clerk is directed to unseal the file and is directed to amend the caption and title of the case to read KTM AG vs. CHEN95HAIYhcyWU et al. Law Firm Hughes Socol Piers Resnick & Dym, Ltd. is 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/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a telephonic status hearing on 6/21/2022 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Plaintiff is directed to file a status report on 6/14/2022. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 4/18/2022. Mailed notice.

NEW PARTIES: CHEN95HAIYhcyWU, deteighssjh, dipesecvwbooc, lalishapus, lathashmhk, Lingmyi Store, lishuaipeng, mcsoudoosrvk, meriglare, musesrlfl, Nideyida, poaretvrscd, rertofmqrg, rockible, sekesllplm, shamjina, sheareahgeo, Shiwaki, smeathebphd, smelargwlnp, szzheng102, tachiuwa, teekneanefw, thakoovufdh, theseethvsuvn, thystoashdhibbf, toatasuqpff, urbanloot, voosysccxdv, y asdlkhqdasd, zhazhahui1818, zhengqiao9852, A196 Store, ABPN Store, A-Car Store, AMT Store, car for you Store, Hunting Knight Store, LIGHT FACTORY Store, LuoKui Store, Make the car beautiful Store, MINILULU Store, North-Feather Store, RYAN-CAR Store, S peed F ly On Road Store, Shop5064248 Store, Shop5256170 Store, Shop5575071 Store, Shop5635145 Store and Shop5796960 Store added to case caption. (Text entry; no document attached.)

NEW PARTIES: Shop5873953 Store, Shop5940201 Store, Shop911231112 Store, Silver Moo Store, Turn on your life, UG Motor Store, YEAH!Car Accessories Store, cyletoo, haid-5132, plainchampagne, vintagespares13, chairman of the club, Dgsoco parts store, Jackson NancyY, jiantaotao, kathleen flier, leiyanhong, lida, major updates, MELIFE, microtia, ming fashion, MOWOK, MSLW, N2moto, OliverjQpMqL, Perfk, Pinktone, Russell ATV DIRT Pit BIKE, sana, sharewithyou, shenshixiaodian, shuaiqi, stronghanppyday, tplz53, tranquillity men, wenzhongduox, xiaoxiaoshui, Xiefengting020503, Y Jack, yangye68, ygnngc HUI, Yisunrain Mubbles, YM Fashion Beauty Equipment, zhangwei889, zhaoyalin5155, zhengwen fashion, Hvlystory, YYUTOOL and 555 Store added to case caption. (Text entry; no document attached.)

NEW PARTIES: 666-Howtide Store, Angels Knight Store, AR Fairings & Customized Store, BPA Official Store, BRAKE-SYSTERM Store, Car Technical Store, CD Knight Store Store, CSPART Official Store, CYyimi Store, DLSMoto Store, Estelle motorcycle Store, For Motorcycle Store, GARAGE-8 Store, GMCCHENG Racing Store, GUMOLING Store, GwC Racing Accessories Store, HUANGYANZHEN123 Store, HYPOWER Store, ijo Store, JFG-MOTO Store, JXMOTO Store, JZYracing Store, Kingway-Auto-Parts-Wholesale, Launched in life Store, LsxRacing Store, LUSHQ Motorcycle Part Store, MaxMOTO Store, Moto-ATV Store, Motor Fever Store, Motor Wonderland Store, Motorcycle Parts123 Store, MT-009 Store, MTKRACING Store, NewNew MT Store, Nianer Online Apparel Store, niversal motorcycle accessories Store, NUSIAMA 001 Store, Off-Road Store Store, Oloey kitchen Store, Onever Car-life Store, OSDAR Store, PEYA MOTORCYCLE PARTS Store and Pro Motor Parts Store added to case caption. (Text entry; no document attached.)

NEW PARTIES: Racing, Rapidly Motor Store, SGerste Store, Shop1331728 Store, Shop1934904 Store, Shop3106033 Store, Shop4274021 Store, Shop4431018 Store, Shop4681111 Store, Shop5034019 Store, Shop5256025 Store, Shop5381215 Store, Shop5441296 Store, Shop5496024 Store, Shop5616134 Store, Shop5622073 Store, Shop5624015 Store, Shop5793837 Store, Shop5872562 Store, Shop900249414 Store, Shop910722118 Store, Shop910740017 Store, Shop911128046 Store, Shop911131159 Store, Shop911137167 Store, Shop911139134 Store, Shop911414339 Store, Shop911557096 Store, SOONTOR 6 Store, Speeding knight store Store, SportsStars Store, Super Motor Parts, TDPRO Factory Direct Store, Unicornsland Motorcycle Store, WS RACING Store, Xhssly Motorcycle Accessories Store, YH Locomotive Store, YITUOLIN Motorcycle Part Store, YL-Motocycle Gp Store, ZHANG XING YUE Store and zhongying520 Store added to case caption. (Text entry; no document attached.)

NEW PARTIES: CHEN95HAIYhcyWU, deteighssjh, dipesecvwbooc, lalishapus, lathashmhk, Lingmyi Store, lishuaipeng, mcsoudoosrvk, meriglare, musesrlfl, Nideyida, poaretvrscd, rertofmqrg, rockible, sekesllplm, shamjina, sheareahgeo, Shiwaki, smeathebphd, smelargwlnp, szzheng102, tachiuwa, teekneanefw, thakoovufdh, theseethvsuvn, thystoashdhibbf, toatasuqpff, urbanloot, voosysccxdv, y asdlkhqdasd, zhazhahui1818, zhengqiao9852, A196 Store, ABPN Store, A-Car Store, AMT Store, car for you Store, Hunting Knight Store, LIGHT FACTORY Store, LuoKui Store, Make the car beautiful Store, MINILULU Store, North-Feather Store, RYAN-CAR Store, S peed F ly On Road Store, Shop5064248 Store, Shop5256170 Store, Shop5575071 Store, Shop5635145 Store and Shop5796960 Store added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 60

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 11, 31, 81

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 98

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 67, 93

STATUS Report by KTM AG

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 6/21/2022. By no later than 7/12/2022, the plaintiff is directed to file a status report regarding the status of the defendants who remain to be served and anything else they feel the Court should know. The deadline for any motion for default judgment is 8/22/2022. A telephonic status hearing is set for 8/29/2022 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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.

MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex-Parte Motion to Extend the Time to Serve Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's ex parte motion to extend the time to serve certain defendants 39 is granted; the deadline for service of process is extended to 8/19/2022, good cause having been shown.

STATUS Report by KTM AG

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff is directed to file a further status report on 7/26/2022 unless a motion to compel compliance is on file before that date.

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal

MOTION by Plaintiff KTM AG to compel Plaintiff's Motion to Compel for Failure to Comply with Court Order

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 8/29/2022 is vacated and advanced to 8/3/2022 at 9:25 a.m., using call-in number 888-684-8852, access code 746-1053. The purpose of the hearing will be to address plaintiff's recently filed motion to compel regarding Alipay. 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.

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/3/2022. The motion to compel Alipay 44 is taken under advisement. Plaintiff is given until 8/24/2022 to file a memorandum of support. Alipay is given until 9/14/2022 to file a response. If Alipay does not file a response, the Court will rule on the motion without the benefit of alley pay's views. Any reply is due on 9/23/2022. Plaintiff's counsel is directed to promptly provide Alipay a copy of this order and is to confirm on the record that they had sent it. A telephonic status hearing is set for 10/3/2022 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, conference code 746-1053. 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.

CERTIFICATE of Service by Plaintiff KTM AG

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 99

MOTION by Plaintiff KTM AG to withdraw Plaintiff's Motion to Withdraw its Motion to Compel [Dkt. No.44]

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to compel [44] is withdrawn.

ATTORNEY Appearance for Defendants CSPART Official Store, DLSMoto Store by Jiajie Cao

MOTION by Defendants CSPART Official Store, DLSMoto Store for extension of time to file answer

MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for extension of time 52 is granted; due date for response to complaint by defendants CSPART Official Store and DLSMoto Store is extended to 9/16/2022. Counsel for defendants is advised that if counsel is not a member of the bar of the Northern District of Illinois, a properly-supported motion to appear pro hac vice must be filed within 5 days of entry of this order.

ATTORNEY Appearance for Defendants Estelle motorcycle Store, Shop3106033 Store by Jiyuan Zhang

ATTORNEY Appearance for Defendants Shop1934904 Store, SportsStars Store by Erin Kathryn Russell

ATTORNEY Appearance for Defendants CSPART Official Store, DLSMoto Store by Erin Kathryn Russell (local counsel appearance)

ATTORNEY Appearance for Defendant NewNew MT Store by Jiyuan Zhang

ATTORNEY Appearance for Defendants CSPART Official Store, DLSMoto Store by Kevin K. Tung

MOTION by Defendants CSPART Official Store, DLSMoto Store to dismiss the Complaint under Rule 12(b)(2), 12(b)(5) and 12(b)(6)

Brief in support of the motion

Declaration of Zhenqiang Li

Declaration of Kevin K. Tung

Exhibit A to Tung Decl.

Exhibit B to Tung Decl.

Exhibit C to Tung Decl.

Exhibit D to Tung Decl.

(Exhibit E to Tung Decl.)

MINUTE entry before the Honorable Matthew F. Kennelly: Response to certain defendants' motion to dismiss 59 is to be filed by 9/30/2022; reply to response is to be filed by 10/7/2022. The Court may discuss the motion at the telephonic status hearing set for 10/3/2022 at 8:50 AM.

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 176

MOTION by Defendants Estelle motorcycle Store, NewNew MT Store, Shop3106033 Store to vacate preliminary injunction, order 31

Declaration of Wu

(Declaration of Zhuang)

MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Response to Defendants' Motion to Dismiss

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 10/3/2022. Plaintiff's motion for extension of time 63 is granted. The deadline for the plaintiff's response to the motion to dismiss 59 is extended to 10/7/2022. The deadline for the defendant's reply is extended to 10/14/2022. The plaintiff's response to defendants' motion to vacate preliminary injunction 62 is set for 10/14/2022; defendants' reply is due 10/21/2022. A telephonic status hearing is set for 10/28/2022 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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.

DECLARATION of Robert P. McMurray Declaration of Service

MOTION by Plaintiff KTM AG for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

MEMORANDUM by KTM AG in support of motion for default judgment 66

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 66

(Exhibit Hierl Exhibit 1)

ATTORNEY Appearance for Defendant AR Fairings & Customized Store by Erin Kathryn Russell

MOTION by Defendant AR Fairings & Customized Store for extension of time to file answer regarding complaint 1

FINAL JUDGMENT ORDER as to certain defendants signed by the Honorable Matthew F. Kennelly on 10/7/2022: Motion for default judgment [66] is granted as to the defendants named in the motion except for defendant AR Fairings & Customized Store. The Court has eliminated that defendant from the default judgment order. Defendant AR Fairings & Customized Store's motion for extension of time [70] is granted; response to complaint is to be filed by 10/26/2022.

MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

RESPONSE by Plaintiff KTM AG Plaintiff's Response to Defendant's Motion to Dismiss or Modify the Preliminary Injunction Order

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

Exhibit G

Exhibit H

Exhibit I

Exhibit J

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file excess pages 72 is granted.

MOTION by Defendants CSPART Official Store, DLSMoto Store for extension of time to file response/reply

MINUTE entry before the Honorable Matthew F. Kennelly: Certain defendants' motion for a one-week extension of time to file their reply brief in support of their motion to dismiss is granted [75]; the due date is extended to 10/21/2022.

MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for a First Extension of Time to File a Response to Defendants' Motion to Vacate Preliminary Injunction [Dkt. No. 62]

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of time 77 is granted. Due date for response to motion to vacate preliminary injunction is extended to 10/19/2022; due date for reply to response is extended to 10/26/2022.

MOTION by Plaintiff KTM AG for leave to file Plaintiff's Motion for Leave to File Executed Declaration

Exhibit A

RESPONSE by Plaintiff KTM AG Plaintiff's Response to Defendants' Motion to Dissolve Preliminary Injunction [Dkt. No. 62]

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

Exhibit G

Exhibit H

MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file executed declaration 79 is granted.

notice of withdrawal of motion by CSPART Official Store, DLSMoto Store

MINUTE entry before the Honorable Matthew F. Kennelly: The motion to dismiss 59 filed by defendants CSPART Official Store, DLSMoto Store is hereby withdrawn.

REPLY by Estelle motorcycle Store, NewNew MT Store, Shop3106033 Store to Response, 80

Declaration of Zhang

Exhibit A. Transcript

Exhibit B. NewNew MT Store Products

Exhibit C. Estelle motorcycle Store Products

(Exhibit D. Shop3106033 Store Products)

ATTORNEY Appearance for Defendants Estelle motorcycle Store, NewNew MT Store, Shop3106033 Store by Jiyuan Zhang

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant AR Fairings & Customized Store

(Exhibit A - Plaintiff's evidence against Defendant AR Fairings)

ATTORNEY Appearance for Defendants Estelle motorcycle Store, NewNew MT Store, Shop3106033 Store by Douglas B. Harper and LOCAL COUNSEL DESIGNATION in compliance with LR83.15

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 10/28/2022. Plaintiff's response to the motion to dismiss 86 is due 11/18/2022; defendant's reply is due 11/30/2022. A telephonic status hearing is set for 11/14/2022 at 9:05 a.m. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. 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.

SATISFACTION of Judgment

MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic hearing date of 11/14/2022 is vacated. The Court grants the motion 62 by three defendants Estelle Motorcycle Store, NewNewMT Store and shop3106038 to dissolve the preliminary injunction that the Court entered against them in this case on 4/18/2022. The Court is not persuaded that plaintiff KTM AG has shown a reasonable likelihood of success on the merits of its claim of trademark infringement against these defendants. The claim, reduced to its essentials, turns on KTM's contention that defendants' usage of the term "KTM" in their online marketing of products they are selling for use on or with KTM motorcycles creates a reasonable likelihood of confusion regarding the source of the products. In other words, KTM contends that consumers are likely to believe that the products sold online by the defendants were made (or, perhaps, licensed) by KTM. The Court does not find the limited evidence presented by KTM on that point to be persuasive. The screenshots offered by KTM show that the defendants identify the products as "for KTM," but there is nothing about the products themselves or the way they are pitched on the defendants' websites (at least based on the limited evidence offered by KTM) that suggests that they are made by KTM. Rather, they are pitched as KTM-compatible. That's a descriptive use of the term, and likely a fair use, not an indication of source, sponsorship, or endorsement. KTM may be able to make a better case at a trial on the merits or on summary judgment, but on the present record it has not shown the reasonable likelihood of success needed to sustain the preliminary injunction that it obtained before the defendants appeared in the case through counsel. The defendants' response to the complaint is to be filed by 11/28/2022. The case is set for a telephonic status hearing on 12/13/2022 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053. A joint status report by plaintiff and all remaining defendants is to be filed on 12/6/2022.

NOTICE of Voluntary Dismissal by KTM AG PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's claims against the following defendants are voluntarily dismissed without prejudice: NewNew MT Store, Shop3106033 Store, AR Fairings & Customized Store, and Estelle motorcycle Store. The deadline for filing any motion for default judgment as to any defendant(s) remaining in the case is 12/8/2022.

SATISFACTION of Judgment

STATUS Report by KTM AG

SATISFACTION of Judgment

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff has filed a status report stating that it has resolved all claims against the remaining defendants. The Clerk is directed to close this case. Any pending motions are terminated as moot; any upcoming hearings are vacated. Civil case terminated. Mailed notice.

MAILED trademark report and certified copy of minute order dated 12/8/2022 96 to Patent Trademark Office, Alexandria VA.

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment