2022-cv-04980

COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-19838228.

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.

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 Yanling Jiang

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 Adam Grodman

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment.

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.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

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

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

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.pdf

(Exhibit 1, of Todd Richards.pdf)

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

(Exhibit 1)

12 Exparte Motion NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file excess pages 11, motion for leave to file 10 before Honorable John Robert Blakey on 9/22/2022 at 11:00 AM.

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 10/5/22. The 9/22/22 Notice of Motion date is stricken. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 9/21/2022. Mailed notice

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

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

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

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

SUMMONS Returned Executed by Wham-O Holding, Ltd., Intersport Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/27/2022, answer due 10/18/2022.

Declaration of Service

MINUTE entry before the Honorable John Robert Blakey: Plaintiff filed a motion for preliminary injunction 18 but failed to notice the motion for presentment. The Court sets the matter for telephonic hearing on 10/11/22 at 11:00 a.m. Counsel and any interested parties shall call into 877-402-9753 and utilize participant code 9955840. Members of the public and media may also call in to listen to this hearing using this information. 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 Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for extension of time for Temporary Restraining Order

NOTICE of Motion by Keith A. Vogt for presentment of extension of time 23 before Honorable John Robert Blakey on 10/11/2022 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Telephonic motion hearing held on 10/11/2022. Defendants 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. Plaintiff's motion to extend the TRO [23] is denied as moot. Telephonic status hearing set for 11/14/2022 at 11:00 a.m. Counsel/Parties shall call into 877-402-9753 and utilize participant code 9955840. 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

NEW PARTIES: Beijing Hui Xin Zhi Xiang Shangmao Youxian Gongsi, Dongguan Jinxiuyunhuadianzishangwuyouxiangongsi, Dongguanshi Shoumo Dianzishangwu Youxiangongsi, Dongguanshi Suqianmei Dianzishangwu Youxiangongsi, Fujianshengminqingtianyijiancaijiajuyouxiangongsi, Guangzhou Huiyun Trading, Guangzhoushi Huangdou Kuajingmaoyi Youxiangongsi, He Fei Mao An Shang Mao You Xian Gong Si, Hongkong Staroc Technology, Lehasiwangluokejiyouxiangongsi, Nan Tong You Hao Wang Luo Ke Ji You Xian Gong Si, Nan Yang Shi Chuang Tuo Shang Mao You Xian Gong Si, Ningbo Huazhirui Electronic Commerce, Sanmenxiashiyiyanshangmaoyouxianzerengongsi, Shandong Huizhiwentong Wangluo Keji Youxian Gongsi, Shenyang Chunhua E-commerce, Shenyang JiaPengEnBei Jewelry, Shenzhen Baiqinshangwu Maoyi Youxian Gongsi, Shenzhen Deruisi E-commerce Technology, Shenzhen Feisisuike Technology, Shenzhen Richfone Science & Technology, Shenzhen Xunzhe Techology, Shenzhenshi Ai Shang Yangguang Maoyi Youxian Gongsi and Shenzhenshi Chengshi Muren Keji Youxiangongsi added to case caption.

NEW PARTIES: Fuyuekejifazhan (Shanghai) Youxiangongsi added to case caption.

NEW PARTIES: Shenzhenshi Chensihaoyukeji Youxiangongsi, Shenzhenshi Lebanghui Trading, Shenzhenshi Shunfake Keji Youxiangongsi, Shenzhenshi Yuhaiteng Keji Youxiangongsi, Shenzhenshiaoruidianzishangwuyouxiangongsi, Shenzhenshilinlinxinxijishuyouxianzerengongsi, Shenzhenshiqingshandakejiyouxiangongsi, Wuhan Enbisi Electronic Commerce, Wuhanqingzhiyunjiafangyouxiangongsi, Wuhanxinxushengdianzishangwuyouxiangongsi, Yiwu Shi Qingtong Dianzishangwu Co, Yiwu Zuoze Daily Necessities, Zhangzhou Yiye Qianfan Electronic Commerce and Zhengzhou Chenglandianzi Shangwuyouxiangongsi added to case caption.

NEW PARTIES: Beijing Hui Xin Zhi Xiang Shangmao Youxian Gongsi, Dongguan Jinxiuyunhuadianzishangwuyouxiangongsi, Dongguanshi Shoumo Dianzishangwu Youxiangongsi, Dongguanshi Suqianmei Dianzishangwu Youxiangongsi, Fujianshengminqingtianyijiancaijiajuyouxiangongsi, Guangzhou Huiyun Trading, Guangzhoushi Huangdou Kuajingmaoyi Youxiangongsi, He Fei Mao An Shang Mao You Xian Gong Si, Hongkong Staroc Technology, Lehasiwangluokejiyouxiangongsi, Nan Tong You Hao Wang Luo Ke Ji You Xian Gong Si, Nan Yang Shi Chuang Tuo Shang Mao You Xian Gong Si, Ningbo Huazhirui Electronic Commerce, Sanmenxiashiyiyanshangmaoyouxianzerengongsi, Shandong Huizhiwentong Wangluo Keji Youxian Gongsi, Shenyang Chunhua E-commerce, Shenyang JiaPengEnBei Jewelry, Shenzhen Baiqinshangwu Maoyi Youxian Gongsi, Shenzhen Deruisi E-commerce Technology, Shenzhen Feisisuike Technology, Shenzhen Richfone Science & Technology, Shenzhen Xunzhe Techology, Shenzhenshi Ai Shang Yangguang Maoyi Youxian Gongsi and Shenzhenshi Chengshi Muren Keji Youxiangongsi added to case caption.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 10/11/2022. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of dismissal [27], this case is dismissed without prejudice as to Defendants Lehasiwangluokejiyouxiangongsi and Fuyuekejifazhan (Shanghai) Youxiangongsi. Mailed notice

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

MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for default judgment 29

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 29 before Honorable John Robert Blakey on 11/3/2022 at 11:00 AM.

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 32, this case is dismissed without prejudice as to defendants Guangzhou Huiyun Trading, Shenyang JiaPengEnBei Jewelry, He Fei Mao An Shang Mao You Xian Gong Si, Hongkong Staroc Technology, Wuhanqingzhiyunjiafangyouxiangongsi, Sanmenxiashiyiyanshangmaoyouxianzerengongsi and Shenzhen Deruisi E-commerce Technology. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable John Robert Blakey: The 11/3/22 hearing on Plaintiff's motion for default judgment [29] shall proceed via telephone at 11:00 a.m. Counsel and any interested parties shall call 877-402-9753 and utilize participant code 9955840. Members of the public and media may also call in to listen to this hearing using the same credentials. 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

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable John Robert Blakey: Telephonic motion hearing held on 11/3/2022. Defendant failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for default judgment 29 is granted. Enter Default Judgment Order. Any pending deadlines are stricken. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 11/3/2022. Mailed notice

Order on Motion for Default Judgment

MINUTE entry before the Honorable John Robert Blakey: Telephonic motion hearing held on 11/3/2022. Defendant failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for default judgment [29] is granted. Enter Default Judgment Order. Any pending deadlines are stricken. Civil case terminated. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA.

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 23 Shenzhen Xunzhe Techology