2022-cv-04519

2022-cv-04519 Wham-O Holding, Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :8/25/2022
BrandFRISBEE 飞盘
Court :Northen District of Illinois
Law FirmKeith

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Date

Document

1

Aug. 25, 2022

COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-19776363.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

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. (jk2,)

2

Aug. 25, 2022

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

3

Aug. 25, 2022

CIVIL Cover Sheet

4

Aug. 25, 2022

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

5

Aug. 25, 2022

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

6

Aug. 25, 2022

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

7

Aug. 25, 2022

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

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (jk2,)

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. (jk2,)

8

Aug. 26, 2022

MAILED patent report to Patent Trademark Office, Alexandria VA.

9

Aug. 26, 2022

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

10

Aug. 26, 2022

MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for leave to file under seal

11

Aug. 26, 2022

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

13

Aug. 26, 2022

MEMORANDUM in support of [12] Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of Todd Richards

Exhibit 1, of Todd Richards' declaration

14

Aug. 26, 2022

SEALED EXHIBIT by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. Sealed Exhibit 2, Declaration of Todd Richards regarding memorandum in support of motion, [13]

15

Aug. 26, 2022

in support of [12] Exparte Motion NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file[10], motion for leave to file excess pages[11] before Honorable John Robert Blakey on 8/30/2022 at 11:00 AM.

16

Aug. 29, 2022

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal 10 and motion for leave to file excess pages 11. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 12. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 9/12/22. The 8/30/22 Notice of Motion date is stricken. Mailed notice

17

Aug. 29, 2022

SEALED ORDER Signed by the Honorable John Robert Blakey on 8/29/2022. Mailed notice

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

18

Sept. 6, 2022

MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for preliminary injunction

19

Sept. 6, 2022

MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for preliminary injunction[18]

Declaration of Keith A. Vogt

Exhibit 1, Declaration of Keith Vogt

20

Sept. 6, 2022

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction[18] before Honorable John Robert Blakey on 9/13/2022 at 11:00 AM.

21

Sept. 6, 2022

SUMMONS Returned Executed by Wham-O Holding, Ltd., Intersport Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/6/2022, answer due 9/27/2022.

Declaration of Service

22

Sept. 6, 2022

ATTORNEY Appearance for Defendants PwrHe, ablechien by Jiyuan Zhang

23

Sept. 7, 2022

SURETY BOND in the amount of $10,000.00 posted by Wham-O Holding, Ltd. (Document Not Scanned)

24

Sept. 12, 2022

MINUTE entry before the Honorable John Robert Blakey: The 9/13/22 Motion hearing shall proceed via telephone. Counsel and any interested parties shall call into 877-402-9753 and utilize participant code 9955840. Members of the public and media will be able to call in to listen to this hearing. 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

25

Sept. 13, 2022

MINUTE entry before the Honorable John Robert Blakey: Telephonic motion hearing held on 9/13/2022. Defendant's failed to appear and failed to notify Chambers of any scheduling conflicts. Accordingly, and based upon the same findings made in this Court's TRO [17], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [18]. Enter Preliminary Injunction Order. The Court directs the Clerk 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. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice

26

Sept. 13, 2022

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 9/13/2022. Mailed notice

NEW PARTIES: 6-12 Days Fast Delivery JKRED Store, A.FATI, aboutuwant, Adcemsor Outdoor Goods, aidichuangshangmao, AMI-PETSUPPLY, an auspicious, ANNA-NA, anshihaisdagvaqet, AreyouOK, artisy, ASSDDHFJKH, bangditong, beila-2022, bichoushangmaoyou, BoWang-Shop, boyifeiyuju, BusyCowBoy, CAPT.SNOOZE, ChengHenan, Chongqing Lizhi Industry, CozzyHug, CPWjingxiao, CYBERMARK, De Sheng us, Desert spring, diyuw, duiheyi, EEITHI, fan he, fengshandedian, FIIQ, fkyut, FortuneGod, gaobinglaguaiya, GaoDongBa, GENEBEN, giuyw, GoHomeDirect, guanglin, guangzhouxingshoumaoyishanghang, gyute, GZ Runfun, HAILEN, Hainan Qiyuan Trading, hainanxinrunfumaoyiyouxiangongsi, HaoWei, haoyun-us, henanlutuosishangmaoyouxiangongsi, HeXinYuMaoYi, HGLKUK, Himine, hubinwangluo, iLovever store, iyurt, JinHong Shop, JINM SHOP and JoySpot added to case caption.

NEW PARTIES: JQ trading, Junwen trade, JuooYsse, jyuou, kahtz, kfuts, kinpack, knight-us, koyuky, kuury, kuyzr, lanshanqushishiyingshipindian, LEMESO, Likeets, lingshuili.shop, liuchunzhi, liukouuly, ljiyyf, LLeTour, LOEKEAH., lokyk, LTYBZAIZY, LUCKY DAY STORE, luiyt, luutd, LWcoco, Maedei Daner, mamengdianzi, maojunguan, MAZ-guohuadamaicang, meihaihang, meijiashenghuo, Mengxinzhi Shop, MIMLOB, MingQingHeng, MiYuZhenPin, MQhuo-us, NADAB, NESWELL, ningchengxianhuangyizhiwujinmenshi, ningyangqingchuanshangmaodian, Opplen, Ostreetpet, qisongshop, QIUyingying, QPUSZ, QTKJ1, Reegng, RENLIXIA, rongluofu, ruichangshishayuanyibaihuodian, ruzhoujinxiangshangmao, Senhey, SEPTXINHUA1986, ShangShiXuan, shenpeilong shop, shenweidedianya, ShiFan Trading, shuixiang luo, Shunxin Department Store, Siveis US, Source of Fun and Special Zero Electronic Commerce Co., Ltd. added to case caption.

NEW PARTIES: Spring Waltz us, sunshine au, SUNYUM, SuYuan ShangMao, suzhoujueshiwangluokejiyouxiangongsi, TangRenYouPin, TingHai, Tong yi, TQ-STUDIO, TVMALLUS, Tweed steel office furniture, Tyree's Store, uitua, uppetten, USIGONG lighting US, utket, VOLOYUX, WAK-US, wangpojsdfsd, Wb Store, wengweijianjytjw, Winstar888, Wuytizuf, xi an dun su rui jian dianzikejiyouxianzerengongsi, xiamenlaiguangshangmao, xieweiabc, xingyuehui-us, xixishangmaowangdian, yangchunjian, yangcongxiaojiadedian, yangyangdeyisw, YAOKANPUBU, YapMeowPet, YAPOUS, yeshi15, Yitelaisi, YMINGU, Yokuna, yu zhen-jp, Yuan Yuxingchen, Yutinyus, YuTONG, yuyongquanabc, zdayi, zhaoqinfengabc, zhi yi shop, zhi yuan1, ZhouSiMin-shop, zhouzhou521, ZhuXiangLin SHOP, zixixianmuliubaihuodian, zjyio, zkekr, zlaoy and zuohaoziji added to case caption.

NEW PARTIES: Annie House, BUGUNIAO, FOR XIXI, fuyu, Idyllic Time, JsPet one, Minco Pet, Peak clothes, REQING, Skypiea, TC field, Ufacybra and Yishuo Pet added to case caption.

27

Sept. 18, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

28

Sept. 19, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

29

Sept. 20, 2022

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of voluntary dismissals 27 and 28, the defendants listed on these documents are dismissed without prejudice. Mailed notice

30

Sept. 26, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

31

Sept. 26, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

32

Sept. 28, 2022

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

33

Sept. 28, 2022

MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for default judgment[32]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

34

Sept. 28, 2022

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment[32] before Honorable John Robert Blakey on 10/11/2022 at 11:00 AM.

35

Sept. 29, 2022

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of voluntary dismissal [30] and [31], the Defendants listed on these documents are dismissed without prejudice. Mailed notice

36

Sept. 30, 2022

ATTORNEY Appearance for Defendants Likeets, Wuytizuf, Yokuna, Yutinyus, liukouuly by Timothy Tiewei Wang

37

Oct. 2, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

38

Oct. 5, 2022

MOTION by Defendants Likeets, Wuytizuf, Yokuna, Yutinyus, liukouuly for extension of time to file answer regarding complaint 1

39

Oct. 5, 2022

NOTICE of Motion by Timothy Tiewei Wang for presentment of motion for extension of time to file answer 38 before Honorable John Robert Blakey on 10/11/2022 at 11:00 AM.

40

Oct. 10, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

41

Oct. 11, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

42

Oct. 11, 2022

MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendants' unopposed motion to extend time 38 and orders Defendants Wuytizuf, Yokuna, Yutinyus, Likeet, Liukouuly to respond to the complaint by 10/18/22. Additionally, based upon the Notices of Voluntary Dismissal 27, 28, 30, 31, 37, the Court hereby dismisses this case without prejudice as to the following Defendants: Ablechien (No. 3); PwrHe (No. 105); Himine (No. 54); USIGONG lighting US (No. 140); GZ Runfun (No. 45); Special Zero Electronic Commerce Co., Ltd. (No. 125); xixishangmaowangdian (No. 153); LLeTour (No. 80); LOEKEAH (No. 81); ANNA-NA (No. 10); Minco Pet (No. 189); Ostreetpet (No. 104); 6-12 Days Fast Delivery JKRED Store (No. 1); HAILEN (No. 46); YMINGU (No. 162); CAPT.SNOOZE (No. 21); Siveis US (No. 123); and QTKJ1 (No. 109). Absent reinstatement by 5/1/23, the dismissal of these Defendants shall convert to a dismissal with prejudice without further order. Finally, in light of the extension of Defendants' responsive pleading deadline, the Court denies without prejudice Plaintiff's motion for default judgment 32. The 10/11/22 Notice of Motion date is stricken. Mailed notice

43

Oct. 14, 2022

MINUTE entry before the Honorable John Robert Blakey: ased upon the filing of the notices of voluntary dismissal 40 and 41, this case is dismissed without prejudice as to the Defendants listed on these documents. Mailed notice

44

Oct. 18, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

45

Oct. 18, 2022

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of dismissal 44, this case is dismissed without prejudice as to Defendants HaoWei, NESWELL and kinpack. Mailed notice

46

Oct. 22, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

47

Oct. 24, 2022

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of dismissal 46, this case is dismissed without prejudice as to defendants Likeets, liukouuly, Yokuna, Yutinyus and Wuytizuf. Mailed notice

48

Oct. 27, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

49

Oct. 31, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

50

Oct. 31, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

51

Nov. 2, 2022

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

52

Nov. 2, 2022

MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for default judgment[51]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

53

Nov. 2, 2022

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment[51] before Honorable John Robert Blakey on 11/8/2022 at 11:00 AM.

54

Nov. 4, 2022

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of dismissal 48, 49, 50, the Court hereby dismisses this case without prejudice as to Defendants ASSDDHFJKH (No. 14); aidichuangshangmao (No. 7); TVMALLUS (No. 135); and Yishuo Pet (No. 195). Absent reinstatement by 1/31/23, this dismissal shall convert to a dismissal with prejudice without further order. The 11/8/22 hearing on Plaintiff's motion for default and default judgment 51 shall proceed via telephone. Counsel and any interested parties shall call into 877-402-9753 and utilize participant code 9955840. Members of the public and media will be able to call in to listen to this hearing. 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

55

Nov. 7, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

56

Nov. 8, 2022

MINUTE entry before the Honorable John Robert Blakey: Telephonic motion hearing held on 11/8/2022. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for default judgment 51 is taken under advisement. Counsel shall submit a revised proposed order for default judgment along with a revised schedule A by the close of business today. Mailed notice

57

Nov. 14, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

58

Nov. 15, 2022

MINUTE entry before the Honorable John Robert Blakey: Based upon the filings of the notice of voluntary dismissal [55] and [57], this case is dismissed without prejudice as to Defendants MQhuo-us, artisy and LEMESO. Mailed notice

59

Nov. 17, 2022

MINUTE entry before the Honorable John Robert Blakey: Plaintiff now having submitted a proposed default judgment order, consistent with proceedings in court on 11/3/22, the Court hereby grants Plaintiff's motion for default judgment 51. Enter Default Judgment Order. All matters now having been resolved, this case is closed. Civil case terminated. Mailed notice

60

Nov. 17, 2022

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 11/17/2022. Mailed notice

61

Nov. 28, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 154 yangchujian

62

Dec. 13, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 146 wengweijianjytjw

63

Dec. 29, 2022

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of voluntary dismissal [61] and [62], this case is dismissed without prejudice as to Defendants yangchunjian and wengweijianjytjw. Mailed notice

64

Jan. 3, 2023

SATISFACTION of Judgment as to defendant no 2 A.FATI and defendant no. 158 YAPMeowPet

65

Jan. 9, 2023

SATISFACTION of Judgment as to defendant no. 130 suzhoujueshwangluokejiyouxiangongsi

66

Feb. 13, 2023

SATISFACTION of Judgment as to defendant no. 60 Joy Spot

67

March 19, 2023

SATISFACTION of Judgment as to defendant no. 53 HGLKUK

68

July 30, 2023

SATISFACTION of Judgment as to defendant no. 41 GoHomeDirect

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