2022-cv-06802

COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-20105688.

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 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 Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Text entry; no document attached.)

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. (Text entry; no document attached.)

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

Declaration of Keith A. Vogt

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

Declaration of Todd Richards

Exhibit 1, of Todd Richard's declaration

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]

MEMORANDUM Establishing that Joinder is Proper

Declaration of Keith A. Vogt

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's motion for leave to file under seal [8], motion for leave to file excess pages [9], and ex parte motion for a temporary restraining order [10]. Provided that Plaintiff provides the security described in paragraph 10 of the temporary restraining order, the temporary restraining order shall become effective on December 20, 2022 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Franklin U. Valderrama on 12/13/2022. Mailed notice.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

SURETY BOND in the amount of $ 10,000 posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. (Document not scanned)

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[19]

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 12/20/2022, answer due 1/10/2023.

Declaration of Service

ATTORNEY Appearance for Defendants aliqiang, XingHanQi by Adam Edward Urbanczyk

MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction [19] is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint [2]; (2) Exhibit 4 to the Declaration of Todd Richards [12] and (3) the TRO [17]. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Emailed notice

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 12/22/2022. Emailed notice

NEW PARTIES: akhkwer, All In One By One, AllinMarket, Biznes Trading Group Co., Limited, BMSX, bocimeo, bolimudianzi, Boye, CAVE US, ChaiBo, chengcfmeiguo1, Chew it store, chizcyn, Chrenyun, CHUCK-TICK store, chuzhilai, COLINGG store, COMOIL, Cotton Whisper, CP Professional Store, Craze Life, CSYMMKJSA, CUHIOY, CYTTAO, czsanjing, DaiXuan, danzhouduofushangmaoyouxiangongsi, dazhengzhou, DEVIMIC, DGambition, Dingzhoushi Kangbeier, dixin-shop, DSSRCH US, EASTBLUEshop, Fengzhang Shop, find dreams, FOEEON, Forhita, fuchunwangwang, futongtaodian, Garqifert, GENISBULB, Global boutique yigou, GONGJIANFANG, guangzhoushunyimaoyiyouxiangongsi, GuoSHOP, gxqeshop88, Haha &Shop, hahaspil, haikoudalimingmaoyiyouxiangongsi, haikoushihongboyouxuanshangmaoshanghanggerenduzi, hefeizhachangshangmao, Heruiqing, HETOO, honeywan, honghanshangmaoice, HSDCARRY and huayi-us added to case caption. (Text entry; no document attached.)

NEW PARTIES: chuancheng store(7-15 Days Fast Delivery) added to case caption. (Text entry; no document attached.)

NEW PARTIES: HUIYIN FAMILY, IHome, Italy Luxury-Bag, Jialin trading co., ltd., jing zhi us, Jingni, jinhuida, JYNMAAEBC, Kally Store, kelite us, kenxushangmao, Kizo Eslo, knocks, LanTuKuaJingShangMao(HuiZhou)YouXianGongSi, Leopard Shopping, Lexa us, LeZhuoShangMao, LHWMCNXZZ, Lidingwei, Likeqi, Longer iTech, lvguagua, Man Ni Ya, ming xin us, Mntiln, MUBOYI, Naoga Store, NRALKK store, NRAPOOB, Oiperiey-US, Only Warm, OrangeHeartOptimal, Orield-all right, Oumadou us, OUYU OFFICE US, Pet Funland, Pomeranian Department Stores, Potaroma Pets, PTRSMLIG, Qian Rui, qiancheng8, qiaoan shop, qingdaohelenainternationaltradingCo., Ltd., qingjiayubaihuodian, QUEERSI, rgrhuyy, RYANDGG store, sailrui, SCTEWELL, SGZMNWEA, Shaoshang International-US, shenghe-us, Shenghongda and shoppinglin added to case caption. (Text entry; no document attached.)

NEW PARTIES: shuntongfashangmao, stonecorner a, Sungrando, Tan Mo, tangfengjun, Tao Ye Shanghai Industry Co.,LTD, Teamaze, Tiankongzhijia, TKKDD, USCHEW store, Vaidhai Store, Victoria Mall, WANGJIEYG, WarTingSP, WBHJ, WLMALL, xiang Gold mall, xiaobodianpu, xiaojuanmao, XIAOKLA, xiaosanxiao store, xiaotiantiantianyouxuanbianhuo, XIAOYUANSHENG, xiaxin1, xihiudianshang, Xinyuan Shop, YaoChuBaiHuo, Yecherate, yihuidedianou, YiKeYiMao, yingtanshiyujiangquyihuifuzhuangdian, yingxinbaihuo, YOUSANG, Yu Chen Shop, YUNXIANGBAIHUO-US, yuyao Pet Sopplies, zhanqiudianzi, zhantaomei, zhengyijiebsasa, zhuangguan, ZQK, Zzsybbcbd and ZZTOLKSKJ added to case caption. (Text entry; no document attached.)

NEW PARTIES: Cuhas, CZ TRADE Co.Ltd, Dealovy Co.Ltd, Foraging dimple, guangzhou keluodawangluokeji youxiangongsi, haikouqiliudianzishangwuyouxianzerengongsi, hefeineibushangmaoyouxiangongsi, Hjsmple Co.Ltd, K-King Seller Co. ltd, LLX Co. Ltd., nanningchenyangdianzishangwuyouxiangongsi, Outfit of the Day Co.ltd, Padia, SAJAR TRADING, Shenzhen Dali Industry Co., Ltd., Shenzhen Golden Ho Trading Co., Ltd, Shenzhen Weitian Industrial Co., Ltd., Shenzhenshi Woseman Kejiyouxiangongsi, SSAWcasa, Suuny Market, Toyard, VALINKS TECHNOLOGY LIMITED, WANYNG INC and YZHM added to case caption. (Text entry; no document attached.)

NEW PARTIES: PLUSHUS STORE added to case caption. (Text entry; no document attached.)

NEW PARTIES: '' added to case caption. (Text entry; no document attached.)

NEW PARTIES: ' added to case caption. (Text entry; no document attached.)

MOTION by Defendants Hjsmple Co.Ltd, Outfit of the Day Co.ltd to vacate preliminary injunction. (Exhibits)

MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendants Hjsmple Co.Ltd, Outfit of the Day Co.ltd's motion to vacate preliminary injunction [25]: Plaintiff's response due by 1/11/2023; Defendants' reply due by 1/18/2023. Emailed 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.

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. to strike MOTION by Defendants Hjsmple Co.Ltd, Outfit of the Day Co.ltd to vacate[25] Plaintiffs' Motion to Strike Defendants' Motion to Vacate Preliminary Injunction

Exhibit 1

Exhibit 2

Exhibit 3

ATTORNEY Appearance for Defendant Potaroma Pets by Travis Jacob Stockman

ATTORNEY Appearance for Defendant Potaroma Pets by Michael Poropat

ANSWER to Complaint by Potaroma Pets

Certificate of Service

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

ATTORNEY Appearance for Defendants Mntiln, Sungrando by Adam Edward Urbanczyk

ATTORNEY Appearance for Defendants Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., guangzhou keluodawangluokeji youxiangongsi by Lydia Pittaway

MOTION by Defendants Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., guangzhou keluodawangluokeji youxiangongsi for extension of time to respond to Complaint (unopposed)

MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's motion to strike [28] is granted. Defendants', Hjsmple Co. Ltd and Outfit of the Day Co. Ltd, motion to vacate preliminary injunction filed by "Dechun Xiong" [25] is not a proper motion filed by an attorney of record for a party in this case and therefore is stricken. Based on the record before it, the Court finds that Defendants are corporations and as such must be represented by counsel licensed to practice in this District. Scandia Down Corp. v. Euroquilt, Inc., 772 F. 2d 1423, 1427 (7th Cir. 1985) ("A corporation must appear by counsel, or not at all."); see also In re IFC Credit Corp., 663 F.3d 315, 318 (7th Cir. 2011) ("Corporations unlike human beings are not permitted to litigate pro se."). Emailed notice

MOTION by Defendants XingHanQi, aliqiang for extension of time UNOPPOSED

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons listed in the motion, Defendants' Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., guangzhou keluodawangluokeji youxiangongsi unopposed motion for extension of time to respond to the complaint [35] is granted. Defendants shall answer or otherwise respond on or before 2/9/23. Emailed notice

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons listed in the motion, Defendants' XingHanQi, aliqiang unopposed motion for extension of time to respond to the complaint [37] is granted. Defendants shall answer or otherwise respond on or before 1/31/23. Emailed notice

ATTORNEY Appearance for Defendants CSYMMKJSA, JYNMAAEBC, LHWMCNXZZ, ZZTOLKSKJ, hahaspil by Adam Edward Urbanczyk

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

MOTION by Defendants CSYMMKJSA, JYNMAAEBC, LHWMCNXZZ, ZZTOLKSKJ, hahaspil for extension of time

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants CSYMMKJSA, JYNMAAEBC, LHWMCNXZZ, ZZTOLKSKJ, and hahaspil's motion for extension of time [42] is granted. Defendants CSYMMKJSA, JYNMAAEBC, LHWMCNXZZ, ZZTOLKSKJ, and hahaspil's answer or other responsive pleading is now due by 1/31/2023. Emailed notice

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

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

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[46]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MOTION by Defendants Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., guangzhou keluodawangluokeji youxiangongsi for extension of time

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

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendants Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., guangzhou keluodawangluokeji youxiangongsi's motion for for extension of time [48]. The deadline for Defendants Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., and guangzhou keluodawangluokeji youxiangongsi to respond to the Complaint is extended to 2/23/2023. Emailed notice

MINUTE Entry before the Franklin U. Valderrama: Plaintiff's Motion for Entry of Default and Default Judgment against the Defendants Identified in First Amended Schedule A [46] is granted. Enter Default Judgment Order as to Defendants identified in First Amended Schedule A. By 3/13/2023, Plaintiff is directed to file a status report as to the status of the case against the remaining defendants. Emailed notice

DEFAULT JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 2/13/2023. Emailed notice

SATISFACTION of Judgment as to defendant no. 189 WANYNG and defendant no. 115 shoppinglin

MINUTE entry before the Honorable Franklin U. Valderrama: Upon plaintiff's report of full satisfaction of judgment [53], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to Defendants WANYNG INC (No. 189) and shoppinglin (No. 115). Mailed notice

SATISFACTION of Judgment as to defendant no. 171 Guangzhou Keluodaioangluokeji youxiangongsi

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 181 Shenzhen Dali Industry Co., Ltd. and defendant no. 183 Shenzhen Weitaian Industrial Co., Ltd.

STATUS Report by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd.

MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's Status Report [57]. Pursuant to the Default Judgment Order entered as to certain Defendants [52], Plaintiff was advised that in order to obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any Defendant. Based on the Status Report, it appears that the preliminary injunction no longer applies to any Defendant. Accordingly, Plaintiff is directed to file a motion for the return of the bond, and to submit a proposed order to the Court by emailing a Microsoft Word version of the draft to Proposed_Order_Valderrama@ilnd.uscourts.gov. Emailed notice

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for release of bond obligation

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in Plaintiff's Motion to Release Surety Bond [59], the motion is granted. Enter order. The Plaintiffs' Status Report [57] indicates that Plaintiffs and the Remaining Defendants have settled this matter and have had a satisfaction of judgment entered or have been dismissed, and that no defendants remain in the case and the case may be closed at the Court's convenience. As all claims against all defendants have been resolved, this case is closed. Civil case terminated. Emailed notice

RETURN OF BOND ORDER: Signed by the Honorable Franklin U. Valderrama on 3/14/2023. Emailed notice

MAILED Surety Bond to Keith Vogt, Ltd. at 33 West Jackson Boulevard, #2W, Chicago, Illinois 60604 via certified mail. Tracking number: 7022-3330-0001-8849-1164 (jk2,) (Text entry; no document attached.)

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

RETURN of U.S. Post Office Receipt, article no. 7022 3330 0001 8849 1164.

SATISFACTION of Judgment as to defendant no. 124 Tiankongzhijia and defendant no. 22 CP Professional Store

SATISFACTION of Judgment as to [Certain] defendants

SATISFACTION of Judgment as to defendant no. 21 cotton whisper

SATISFACTION of Judgment as to defendant no. 186 Suuny Market

SATISFACTION of Judgment as to defendant no. 48 GuoSHOP

SATISFACTION of Judgment as to [Certain] defendants