2022-cv-06252

COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-20029688.

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 Yi Bu

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 Yanling Jiang

CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Susan E. Cox. 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.

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

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by January 30, 2023. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion for leave to file under seal (Dckt. No. [8]) is hereby granted. Plaintiffs' motion for excess pages (Dckt. No. [9]) is hereby granted. Plaintiffs' motion for a temporary restraining order (Dckt. No. [10]) is granted in part as stated in the accompanying order. Temporary Restraining Order to follow. For now, the Court is granting an asset freeze. But this Court is inclined to lift the asset freeze at a later time unless Plaintiff later seeks equitable monetary relief (like an accounting of profits) or unless Plaintiff can point this Court to a statute that expressly authorizes an asset freeze in connection with statutory damages. Plaintiff must promptly effectuate service of process. Plaintiff's counsel should not take it as a given that the Court will extend the TRO. Any motion for an extension for a TRO must establish a genuine need to do so, and must demonstrate diligence in response to the TRO. Mailed notice

SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 1/10/2023. Mailed notice.

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

SURETY BOND in the amount of $ 144,000 posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd.

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for preliminary injunction

MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction 20

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

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 1/19/2023, answer due 2/9/2023.

(Declaration of Service)

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file a joint initial status report is extended to May 1, 2023. Mailed notice.

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20335516.

MOTION by Defendant The Partnerships and Unincorporated Associations Identified on Schedule A for extension of time to file response/reply as to complaint[1]

Certificate of Service

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for entry of default The Defendants Identified In The First Amended Schedule A pursuant to Fed. R. Civ. P. 55(a)

(Declaration of Keith A. Vogt)

ATTORNEY Appearance for Defendants Dexin Sport, Dekaim, shen zhen shi bang you dao ke ji you xian gong si, DGSDXYD, Ciaoed life Co. ltd, shenzhenshinansiyanshangmaoyouxiangongsi by Yong Chen

MOTION by Defendants Ciaoed life Co. ltd, DGSDXYD, Dekaim, Dexin Sport, shen zhen shi bang you dao ke ji you xian gong si, shenzhenshinansiyanshangmaoyouxiangongsi for extension of time to file answer regarding complaint[1] UNOPPOSED

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to appear pro hac vice (Dckt. No. 24) is granted. Attorney Huaying Piao is added as counsel of record. The agreed motion for an extension of time to respond to the complaint (Dckt. No. 25) is granted. Defendants Baoblaze (60), DYNWAVE (76), Gazechimp (82) and perfeclan (108) shall respond to the complaint by March 13, 2023. The unopposed motion for extension of time (Dckt. No. 28) is granted. Defendants Dexin Sport, Dekaim, shen zhen shi bang you dao ke ji you xian gong si, DGSDXYD, Ciaoed life Co. ltd. and shenzhenshinansiyanshangmaoyouxiangongsi shall respond to the complaint by March 2, 2023. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

ATTORNEY Appearance for Defendant DIYAREA by Adam Edward Urbanczyk

MOTION by Defendant DIYAREA for extension of time UNOPPOSED

MINUTE entry before the Honorable Steven C. Seeger: The motion for an extension of time by Defendant Diyarea (Dckt. No. [33]) is hereby granted. Diyarea's answer is due by March 20, 2023. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 75 DIYAREA

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 107 OTTARO and defendant no. 27 softoys

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 97 Junqi E-commerce

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file a joint initial status report is extended to August 1, 2023. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff Wham-O Holding's motion for entry of default (Dckt. No. [26]) is hereby granted as follows. Plaintiff effectuated service of process on January 19, 2023. (Dckt. No. [22]). Defendants have not responded to the complaint. The responses to the complaint are long overdue. The Court hereby enters default under Rule 55(a) against all remaining defendants. A motion for default judgment is due by May 12, 2023. A response is due by May 19, 2023. No extensions. Defendants must file a motion if they seek a hearing. Plaintiff must serve a copy of this Order and file a certificate of service on the docket. Plaintiff must ensure that it has sent an up-to-date draft judgment with an up-to-date Schedule A in Word to the proposed order inbox. Mailed notice

CERTIFICATE of Service by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. regarding order on motion for entry of default, text entry, [40]

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for default judgment as to Plaintiffs' Motion for Default Judgment Against the Defendants Identified in First Amended Schedule A

MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment 42

Exhibit 1

(Exhibit 2)

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 69 CHUYI and defendant no. 103 LHY Technology

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 9 EACILEE

MINUTE entry before the Honorable Steven C. Seeger:Plaintiffs' motion for default judgment (Dckt. No. [42]) is hereby granted in part. The responses to the complaint are long since overdue. Final Judgment Order to follow. The motion for preliminary injunction (Dckt. No. [20]) is hereby denied as moot. The complaint is dismissed. The case is closed. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 8/15/2023. Mailed notice.

MAILED trademark report with certified copy of orders dated 8/15/23 (doc. #'s 46, 47) to Patent Trademark Office, Alexandria VA.

CITATION to Discover Assets issued as to Amazon.com, Inc., Walmart, Inc., SIA JOOM.