2022-cv-04680

2022-cv-04680 Wham-O Holding, Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :9/1/2022
Court :Northen District of Illinois
Law FirmKeith

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Date

Document

1

Sept. 1, 2022

COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-19799551.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

2

Sept. 1, 2022

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

3

Sept. 1, 2022

CIVIL Cover Sheet

4

Sept. 1, 2022

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

5

Sept. 1, 2022

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

6

Sept. 1, 2022

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

7

Sept. 1, 2022

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

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.

8

Sept. 1, 2022

REDACTED Schedule A [2] to Complaint [1] by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd.

9

Sept. 1, 2022

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

10

Sept. 1, 2022

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

12

Sept. 1, 2022

MEMORANDUM In Support of [11] 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

Exhibit 2, Declaration of Todd Richards

13

Sept. 1, 2022

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, [12]

14

Sept. 1, 2022

MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal [9] is granted. Motion for leave to file excess pages [10] is granted. Ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication [11] is granted. Enter order. Mailed notice.

15

Sept. 1, 2022

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 9/1/2022. Mailed notice.

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

16

Sept. 2, 2022

MAILED trademark report to Patent Trademark Office, Alexandria VA Modified on 9/2/2022.

17

Sept. 2, 2022

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

18

Sept. 7, 2022

SURETY BOND in the amount of $ $10,000 posted by Wham-O Holding, Ltd. (Document not scanned)

19

Sept. 13, 2022

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

20

Sept. 14, 2022

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion to extend the temporary restraining order [19] is granted. The Temporary Restraining Order entered in this matter is extended through 9/29/2022. Mailed notice.

21

Sept. 16, 2022

ATTORNEY Appearance for Defendant HY-US Ltd by Jiyuan Zhang

22

Sept. 21, 2022

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

23

Sept. 21, 2022

MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for preliminary injunction 22

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

24

Sept. 21, 2022

SUMMONS Returned Executed by Wham-O Holding, Ltd., Intersport Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/21/2022, answer due 10/12/2022.

(Declaration of Service)

25

Sept. 21, 2022

MINUTE entry before the Honorable Thomas M. Durkin: A telephone motion hearing on the motion for a preliminary injunction 30 is set for 9/30/2022 at 9:30 a.m. On the Court's own motion and for good cause, the Temporary Restraining Order entered in this mater is extended through 9/30/2022. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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

26

Sept. 28, 2022

MINUTE entry before the Honorable Thomas M. Durkin: Telephonic motion hearing on the motion for a preliminary injunction [22] set for 9/30/2022 at 9:30 a.m. is reset for 9:15 a.m. Time change only. Mailed notice.

27

Sept. 30, 2022

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held by telephone on 9/30/2022. Counsel for Defendant HY-US Ltd was present. The Temporary Restraining Order as to Defendant HY-US Ltd is extended until further order. Defendant's opposition to the motion for preliminary injunction is due by 10/21/2022. Plaintiff's reply is due by 11/14/2022. The motion for preliminary injunction [22] is granted as to all other defendants. Plaintiff is to send an updated Preliminary Injunction Order excluding HY-US Ltd to Judge Durkin's proposed order inbox. The Clerk's office is directed to unseal Plaintiffs' Schedule A to the Complaint [2], Exhibit 2 to the Declaration of Todd Richards [13], and the TRO [15]. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website www.ilnd.uscourts.com/instructions. A telephonic hearing for an oral ruling on the opposition to the Preliminary Injunction is set for 12/2/2022 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

28

Sept. 30, 2022

PRELIMINARY INJUNCTION ORDER signed by the Honorable Thomas M. Durkin on 9/30/2022. Mailed notice.

29

Oct. 2, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

30

Oct. 10, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

31

Oct. 11, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

32

Oct. 13, 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

Oct. 13, 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

Oct. 13, 2022

MINUTE entry before the Honorable Thomas M. Durkin: A telephonic hearing as to the motion for default judgment 32 is set for 10/21/2022 at 9:15 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

35

Oct. 18, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

36

Oct. 18, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

37

Oct. 21, 2022

NOTICE of Voluntary Dismissal by Intersport Corp., Wham-O Holding, Ltd.

38

Oct. 21, 2022

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 10/21/2022. Motion for default judgment [32] is granted, excluding defendants who appeared through counsel. Enter order. A telephone status hearing is set for 11/10/2022 at 8:45 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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. The answer deadline for defendants who have appeared through counsel is extended through 11/10/2022. Mailed notice.

39

Oct. 21, 2022

DEFAULT JUDGMENT ORDER signed by the Honorable Thomas M. Durkin on 10/21/2022. Mailed notice.

40

Oct. 21, 2022

MEMORANDUM order on motion for extension of time, text entry[20] by HY-US Ltd in Opposition to Plaintiffs' Motion for Preliminary Injunction

Declaration of Ding

Exhibit 1. Trademark Registration

41

Oct. 22, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

42

Oct. 25, 2022

MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd.Motion To Require Compliance With Local Rule 83.15

43

Oct. 25, 2022

MEMORANDUM by HY-US Ltd in Opposition to motion for miscellaneous relief[42]

44

Oct. 26, 2022

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiffs' Motion to Require Compliance with Local Rule 83.15 [42] is denied as moot. Counsel for Defendant HY -US Ltd shall separately file the revised appearance form within 48 hours. Mailed notice.

45

Oct. 26, 2022

ATTORNEY Appearance for Defendant HY-US Ltd by Jiyuan Zhang in compliance with Order [Dkt 44]

46

Oct. 28, 2022

ATTORNEY Appearance for Defendant HY-US Ltd by Douglas B. Harper and LOCAL COUNSEL DESIGNATION in compliance with LR83.15

47

Oct. 31, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

48

Oct. 31, 2022

MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. to stay regarding memorandum, [40], MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for discovery for leave to conduct jurisdictional discovery

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

49

Nov. 1, 2022

MINUTE entry before the Honorable Thomas M. Durkin: In light of the parties' representation that they intend to settle the case, the motion to stay and for discovery 48 is denied without prejudice. The telephone status hearing set for 11/10/2022 is reset for 12/2/2022. The dial-in information will remain the same. Mailed notice.

50

Nov. 8, 2022

STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. 44 HY -US Ltd

51

Nov. 8, 2022

MINUTE entry before the Honorable Thomas M. Durkin: A stipulation of dismissal as to the last remaining defendant has been filed. All pending dates before this court are stricken. Civil case terminated. Mailed notice.

52

Nov. 14, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs

53

Jan. 3, 2023

SATISFACTION of Judgment as to [Certain] defendants

54

Feb. 13, 2023

SATISFACTION of Judgment as to defendant no. 117 Yi Cheng Store

55

March 14, 2023

SATISFACTION of Judgment as to defendant no. 71 MVNISE

56

March 19, 2023

SATISFACTION of Judgment as to defendant no. 77 Qunteen

57

April 25, 2023

SATISFACTION of Judgment as to defendant no. 32 Galaxlon

58

Sept. 10, 2023

SATISFACTION of Judgment as to defendant no. 78 ReylinkDirect

59

Jan. 3, 2024

SATISFACTION of Judgment as to defendant no. 119 Yovader

60

Dec. 6, 2024

SATISFACTION of Judgment as to defendant no. 121 yuqiongqianli-us

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