2022-cv-02741

COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-19497275.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint [1]

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt

ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman

ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu

ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang

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.

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file [Certain] Documents Under Seal

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file excess pages

MEMORANDUM In Support of [10] Ex Parte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, Declaration of Keith Vogt

Declaration of Todd Richards

Exhibit 1, Declaration of Todd Richards

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[11]

MAILED trademark report to Patent Trademark Office, Alexandria VA.

(Trademarks)

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process, motion for excess pages, and motion to seal 8 9 10 are granted. 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 as to the defendants listed in the Schedule A, 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 and causes consumer confusion. 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. A $50,000 bond is sufficient to secure the injunction, and must be posted within one week. Enter Sealed TRO. Mailed notice.

SEALED ORDER. Signed by the Honorable Manish S. Shah on 6/7/2022.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

SURETY BOND in the amount of $ 50,000 posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd.

ATTORNEY Appearance for Defendant HCPET by Jiyuan Zhang

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for extension of time for Temporary Restraining Order

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 19 is granted. The TRO is extended to 7/5/22.

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for extension of time for Temporary Restraining Order

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 21 is denied. The court extended the TRO once for 14 days and the rules do not permit another extension without notice and an opportunity to be heard. Plaintiffs must seek a preliminary injunction.

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for preliminary injunction Plaintiffs' Motion for Entry of a Preliminary Injunction

MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction 23 Memorandum of Law in Support of Plaintiffs' Motion for Entry of a Preliminary Injunction

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith A. Vogt)

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be properly filed by 7/5/22. If no objections are filed, the motion will be considered unopposed. Plaintiff shall serve a copy of this order by the electronic means previously authorized.

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 6/30/2022, answer due 7/21/2022.

(Declaration of Service)

STIPULATION of Dismissal Joint Stipulation of Dismissal as to Def No. 31 HCPET

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction [23] is granted. No defendant has appeared or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction. Enter preliminary injunction. 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.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 7/6/2022. Notices mailed.

NEW PARTIES: dailinga, HoaStoreBest, lamnhung93, lehongsmile, minhluan, phuong237, phuongphuong87, thuphuong123, tunghaiduong89, WWZSHANGMAO, A TREE store, anpingxiankanghe, Arunson, banxiashangdianzi, baohui666, BEEJEE, Caitrune, ChangShunDianZi, ChuanLong 02, coldchill, dajiee, Deouny, Dmlqq, flagship storeee and GAOAO added to case caption.

NEW PARTIES: SXZMRD, Tee Alley, TheGoldenTime, tianruiqibeimei123, ubestsky, wangwang, XiaNingMaoYi, XiaoTianTian, XinYiXun, XinYongHe, xiwang-usa, xuanyu-us, xuebiyuyue, Yahui Zhang, Yangjiande, yaoshun shop, YongSen us, yue lai yue hao, YUGANLIANXINGSHOP, ZergStore, zhihuaxiaodian, 4Homie Store, Bruce Outdoor Supplies Store, Grandma Store, Haomall Life Store, JMshop Store, Joyxeon Life Store, Kitdo Store, Light the World Store, MiMiuLuXiang Toy Store, Mommy's Flavour Mother and Baby Store, Peeiek Store, Petjoy Store, Pets Department Store, RZC Kids Toy Store, Shop1100254081 Store, Shop1100289252 Store, Shop3482063 Store, skylke Store, The Best Option Store, Townson_PetLife Store, Walnut Official Store, Baoji H&S Import and Export Trade Co., Ltd., Changsha Dezhixin Technology Co., Ltd., Changzhou Geerduo Pet Products Co.,ltd., Chengdu Shangke Technology Co., Ltd., Dongguan Avic Industry & Trade Co., Ltd., Dongguan Avic Industry &trade Co., Ltd. and Dongguan Bright Rubber And Plastic Products Co., Ltd. added to case caption.

NEW PARTIES: Dongguan Visai Industrial Co., Ltd., Dongguan Yichong Intelligent Technology Co., Ltd., Dongguan Yuansheng Electronic Technology Co., Ltd., Dongguan Zhishang Pet Product Co., Ltd., Dongyang Yadi Pet Product Co., Ltd., Foshan Mobipeet Technology Co.,Ltd, Fuzhou Xuance Trade Co., Ltd., Guangdong Vking Intelligent Technology Co., Ltd., Guangzhou Catdog Pet Products Co., Ltd., Guangzhou Jiacheng Network Technology Co., Ltd., Guizhou Actor Sports Co.,Ltd, Hangzhou Baimi Technology Co., Ltd., Hangzhou Cyrus Technology Co., Ltd., Hangzhou Hachong Pet Products Co., Ltd., Hangzhou Keyuete Imp. Exp. Co., Ltd., Hangzhou Shuhe Household Products Co., Ltd., Hangzhou Xinghongyuan Trading Co., Ltd., Hebei Strue Trading Co., Ltd., Hebei Xixiwei International Trade Co., Ltd., Jiangsu Yrslink Import&Export Co., Ltd., Jiaxing Eternal Trade Co., Ltd., Jinan Liqiang Mould Co., Ltd., Liaocheng Panfeng Trading Co., Ltd., Ningbo Lamb Trading Co., Ltd., NingBo Loky Pet Products Co.,LTD, Ningbo Puda Pet Technology Co., LTD, Ningbo S& L Trading Co., Ltd., Ningbo Ulrich Imp.&exp. Co., Ltd., Ningbo Xiangjia Information Technology Co., Ltd., Pujiang Dog Industry And Trade Co., Ltd., Pujiang Jianyu Sanitary Materials Co., Ltd., Quzhou Joy More Trading Co., Ltd., Shandong Jndo Hoisting Equipment Co., Ltd., Shandong Yibo Pet Products Co., Ltd., Shanghai Fantastic Pet Product Co., Ltd., Shanghai Holly Gifts Co., Ltd., Shanghai Petlot Pet Product Co., Ltd., Shanghai Petlove Industrial Co., Ltd., Shantou Jacko Toys Trading Co., Ltd., Shantou Zhangwu Metal Products Co., Ltd., Shenzhen Baimai Technology Co., Ltd., Shenzhen Jinyang Rubber & Plastic Products Co., Ltd., Shenzhen Kaichuangtong E-Commerce Co., Ltd., Shenzhen Lefuer Technology Co., Ltd., Shenzhen NSR Technology Co., Ltd., Shenzhen Xixi Pet Products Co.,ltd., Shenzhen Yihongda Electronics Co., Ltd., Sichuan Machinery Imp. & Exp. Corp., Suzhou Shangbaotang Ginseng Antler Co., Ltd. and Suzhou TJT Network Technology Co., Ltd. added to case caption.

NEW PARTIES: Taian Detian New Material Co., Ltd., Taizhou Huangyan Teqi Pet Products Factory, Taizhou Intop Industry And Trading Co., Ltd., Taizhou Miko Pet Supplies Co., Ltd., Taocheng District Jiurui Sports Goods Factory, Tianjin Haoqi Baby Trading Co., Ltd., Uniform Times (fujian) International Trade Co., Ltd., Wenzhou Shigao Import And Export Co., Ltd., Wenzhou Siyang Pet Products Co., Ltd., Wuhan Jarmoo Flag Co., Ltd., Xiamen Charmlite Trading Co., Ltd., Xiamen Jalo E-Commerce Technology Co., Ltd., Xiamen Qingzhou Industry And Trade Co., Ltd., Xiamen Sanyuetian Culture Media Co., Ltd., Xiamen Yi'an Electronic Commerce Co., Ltd., Xi'an Newriggy Import And Export Co.,ltd., Yangzhou Lijia Imp. & Exp. Trade Co., Ltd., Yiwu Feishang Household Products Co., Ltd., Yiwu Huajiao Import And Export Co., Ltd., Yiwu Jinlang Sports Goods Co., Ltd., Yiwu Laiwei Trading Co., Ltd., Yiwu Ligo Trading Co., Ltd., Yiwu Lingyu Plastic Products Co., Ltd., Yiwu Saiao Sports Products Co., Ltd., Yiwu Tengbo Sporting Goods Co., Ltd., Yuyao Lingliang Electrical Appliance Co., Ltd., Yuyao Pugga Pet Products Co.,Ltd., Zhejiang Jinfa Industry Co., Ltd., Zhejiang Muqi Import And Export Co., Ltd. and Zhenjiang Huirong Import & Export Co., Ltd. added to case caption.

NOTICE of Voluntary Dismissal by All Plaintiffs

ATTORNEY Appearance for Defendant ZergStore by Yong Chen

MOTION by Defendant ZergStore for extension of time to file answer regarding complaint[1] UNOPPOSED

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to answer [32] is granted. Defendant ZergStore has until 8/4/22 to respond to the complaint. Notices mailed.

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for default judgment as to The Defendants Identified In The First Amended Schedule A

MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment[34]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for entry of default judgment must be properly filed by 7/29/22. If no objections are filed, the motion will be considered unopposed. Notices mailed.

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE of Voluntary Dismissal by All Plaintiffs

STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. 80 ZergStore

MINUTE entry before the Honorable Manish S. Shah: No defendants have appeared to object to the motion for entry of default judgment. The motion 34 is granted. Based on the evidence submitted in support of the temporary restraining order and the admission of liability by virtue of the default, plaintiffs have established that a permanent injunction should be entered. The infringement of plaintiffs' intellectual property irreparably harms plaintiffs and confuses the public. The infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants, the strong value of the plaintiffs' brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is an appropriate award of statutory damages. Enter Default Judgment Order. Terminate civil case. Notices mailed.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 8/2/2022. Notices mailed.

SATISFACTION of Judgment

NOTICE of Voluntary Dismissal by All Plaintiffs

SATISFACTION of Judgment

NOTICE of Voluntary Dismissal by All Plaintiffs

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment as to defendant no. 52 PETOPIA JD

SATISFACTION of Judgment as to defendant no. 39 Loveluv