2023-cv-01424

COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-20418048.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SCHEDULE A by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint (1). Modified on 3/28/2023.

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

ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Cameron Eugene Mcintyre

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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 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 11 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)

EXHIBIT 2, Declaration of Todd Richards 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 Modified on 3/28/2023.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 3/13/2023.Mailed notice.

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

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

ATTORNEY Appearance for Defendants luckeystore, qbsmus by Jiyuan Zhang

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 19

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 3/22/2023, answer due 4/12/2023.

(Declaration of Service)

MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's motion for a preliminary injunction is granted 19. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 21 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: The Law Firm of Keith Vogt LTD., is ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 3/27/2023.Mailed notice.

<!--SB--> (Bu, Yi) (Entered: 03/28/2023)

NEW PARTIES: amaion, Avanoa, Balaee, Barefoot Angel, beijiaer, BVPKTO Store, Caiweifengs, Canirologas, chengduxinshengqihangmaoyiyouxiangongsi, Chenqiyangs, Chentingfang, Chenxingfus, chouniang, CMUTSSS-BOEN, congling, CZ-XING US, DESHUN, Diman-US, DKDZJL, enchi, Fan gui chun xu, FineGoodsGatheringPlace, flower bridge, FUXIAOWEI, gaoweifengs, GB4, gCuMin, gL125, Guanxingjie, huayuxingchen, JIANANUS, jiantaishangmao, jiefusi, jinghongyoubailiriyongbaihuodian, jinyuge, Kakacarina's amazing store, Kang Xuan, KKMO, Lahongxings, Lalka Aniola, Liangjins, lisiqi, luozhirongshangmao, Mayichuns, Mi le, milaoshuqijiandian and mixy added to case caption.

NEW PARTIES: MokaMoka, Molantao, MOYAQI, MuDieXin, My Staray, My-stery, NaiKG, NEW M, Nongbins, OMHZ, panchongkangUS, paw plus, paykiatry, PETNAME, Petrend, ProDeals INC, QIAOMO, Quanqiuying, qxxizibhd, RADARGZ, SAINGACE, sdrt4, SHENG YING, Shixiaoqiongs, Shopping here11, Simpleword, song min us, sweetxxi, taiyuanshiwanbailinqugaolinkejifuwubu, TH GOOD US, TH US, Timall, tingaijuanshanghang, TRUSMATE, ussmt, Wanglongs, wanlichengchang, wenxiahulianwangyouxiangongsi, Wuaizhens, Wuchunfangs, WuQiLong, W-wangyun, xingRong, XiXunMaoYiYouXianGongSi, Xuanmai us, xuemenggfeer, yandongshop, yihao1 and YIMOON added to case caption.

NEW PARTIES: Ykaisu, youoto, YOXOZO, YUAN FENG, Yuanruyis, Yuhongyings, YZZ, Za Huo Pu, zadaboxiaos, zhezhe store, zhixinjiecheng, ZHUYTM, zzseqqylbhd, Apepal, Bayaoman, BDH Co.Ltd., Beautops, Buy More Technology, changdeyunsheng Co.Ltd, Cheeroll Network, CHUANK Co. Ltd, Crowdstar, Damanrui DianZishangWu Co.,Ltd, Dan Book, DGYQDZSW, Dian zi Accessories, Dreamtale, Ealeh, ELFINDEA, Fangqinghao, FASXloushxh, Feiboyy Co.ltd, Flamingcloud, FSYZX, Glory, Groceryarc, GXSR Co.Ltd, Happy365Deals, Haptoys, Hi-choice Co. Ltd, Household Goods, HTHLVMD, huanledash, Huarong, Ithyes, Jingsai Co.Ltd, Journey, JPS Blossoms, JS Elec Co. Ltd, jue ru gan shang mao, Jzenzero, KMFGL Co. Ltd, Kolababla Co. ltd, KuRLing, Lamuusaa, Loulan Roland, Maguire, Mora Tech, Mrigtriles and NY Electronics Co. Ltd added to case caption.

NEW PARTIES: NZBZ, Patioaro, Phyachelo Home Furnishing, ping mi zha ke ji, PPSTORE, PXNKY Co. Ltd, REX Co.Itd, Ronlykiki, shenzhenlvheshangmaoyouxiangongsi, shenzhenshi yunshengchu dianzishangwuyouxiangongsi, SHS Co.Ltd, Snowmay Bussiness Co. Ltd, tai yuan sheng chi er qi shang mao you xian gong si, Taiyuanticiwenkejiyouxiangongsi, ting pan fang mao, VeliToy, Wangqunqun Trading Co., Ltd., wangyifei, WINDLAND, Wuhu Quge Trading Co.,Ltd, XINKAIRUN Co.Ltd, Xinyi, yayue, YI Strong Co. Ltd, YinFeng Co, Ltd, Yishow Trading, Yu Heng Heng Co.Ltd, Z's Household Co. Ltd, Zebadiah Store, zhailiyi, zhe jue che mao yi and ZQ added to case caption.

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

ATTORNEY Appearance for Defendant luckeystore by Robert Michael Dewitty

ATTORNEY Appearance for Defendant qbsmus by Robert Michael Dewitty

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

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)

STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant Nos. 45 Luckeystore and 67 qbsmus

ATTORNEY Appearance for Defendants Buy More Technology, DGYQDZSW, Dan Book, Glory, Haptoys, Huarong, Journey, Jzenzero, Loulan Roland, Maguire, Ronlykiki, VeliToy, YI Strong Co. Ltd, changdeyunsheng Co.Ltd, shenzhenlvheshangmaoyouxiangongsi by Adam Edward Urbanczyk

MOTION by Defendants Buy More Technology, DGYQDZSW, Dan Book, Glory, Haptoys, Huarong, Journey, Jzenzero, Loulan Roland, Maguire, Ronlykiki, VeliToy, YI Strong Co. Ltd, changdeyunsheng Co.Ltd, shenzhenlvheshangmaoyouxiangongsi for extension of time

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants' YI Strong Co., Ltd, Jzenzero Co., Ltd, Velitoy, Journey, Maguire, Dan Book, Buy More Technology, Ronlykiki, Huarong, DGYQDZSW, Loulan Roland Co., Shenzhenlvheshangmaoyouxiangongsi, Haptoys, Glory, changdeyunsheng Co.Ltd motion for extension of time to respond to the complaint 33 is granted. Response is due on or before May 18, 2023. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 29 for default judgment against certain remaining Defendants. Except for Defendants YI Strong Co., Ltd, Jzenzero Co., Ltd, Velitoy, Journey, Maguire, Dan Book, Buy More Technology, Ronlykiki, Huarong, DGYQDZSW, Loulan Roland Co., Shenzhenlvheshangmaoyouxiangongsi, Haptoys, Glory, changdeyunsheng Co.Ltd, who have each sought and received leave to answer the complaint, all remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure as to all Defendants except for YI Strong Co., Ltd, Jzenzero Co., Ltd, Velitoy, Journey, Maguire, Dan Book, Buy More Technology, Ronlykiki, Huarong, DGYQDZSW, Loulan Roland Co., Shenzhenlvheshangmaoyouxiangongsi, Haptoys, Glory, changdeyunsheng Co.Ltd. Any objections to the motion for entry of default judgment must be filed on or before May 5, 2023. If no objections are filed by that date, the court will consider the motion unopposed. That said, the Court will not proceed at this point to resolve the motion for default judgment. Defendants YI Strong Co., Ltd, Jzenzero Co., Ltd, Velitoy, Journey, Maguire, Dan Book, Buy More Technology, Ronlykiki, Huarong, DGYQDZSW, Loulan Roland Co., Shenzhenlvheshangmaoyouxiangongsi, Haptoys, Glory, changdeyunsheng Co.Ltd, of course, are not in default, and a court can enter final judgment as to "fewer than all" claims or parties only if there is "no just reason" to delay entry of a partial final judgment. See FRCP 54(b). It does not appear that Plaintiff has addressed these considerations in its motion for default judgment. Accordingly, the Court grants Plaintiff leave to file a statement on or before May 12, 2023 concerning whether, in Plaintiff's view, a partial final judgment in this case is appropriate under Rule 54(b). As the Supreme Court has instructed, the Court, in making a determination under Rule 54(b), must weigh both (1) the interests of sound judicial administration and (2) the "equities involved." Curtiss-Wright Corp. v. Gen. Elec. Co., 446 U.S. 1, 8 (1980). See also Gen. Ins. Co. of Am. v. Clark Mall Corp., 644 F.3d 375, 379 (7th Cir. 2011) (discussing Rule 54(b)). In preparing its statement, Plaintiff should bear in mind that "requests under Rule 54(b) are granted neither routinely nor as a matter of course," Architectural Floor Prods. Co. v. Don Brann & Assocs. Co., 551 F. Supp. 802, 807 (N.D. Ill. 1982), and that this Court has previously denied a similar request for partial final judgment in a so-called "Schedule A" case. See Oakley v. Sch. A, 20-cv-05049, Dkt. 66 (N.D. Ill. July 27, 2021). Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice.

CERTIFICATE of Service by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. regarding order on motion for default judgment, text entry, 35

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

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

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 127 Dreamtale

MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 29 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks and copyrights irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $50,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice.

ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 5/16/2023. Mailed notice.

ATTORNEY Appearance for Defendant SHS Co.Ltd by Michael Thomas Stanley

MOTION by Defendant SHS Co.Ltd to vacate order on motion for default judgment, text entry, 35, entered judgment 41 Vacate Default

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to vacate entry of default shall be filed by June 1, 2023. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 116 BDH Co. Ltd. and defendant no. 170 shenzhenshi yunshengchu dianzishangwuyouxiangongsi

NOTICE by BDH Co.Ltd., SHS Co.Ltd, shenzhenshi yunshengchu dianzishangwuyouxiangongsi re MOTION by Defendant SHS Co.Ltd to vacate order on motion for default judgment, text entry, 35, entered judgment 41 Vacate Default 43 Notice of Settlement with Plaintiff and Mooted Motion

MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant's motion to vacate default judgment 43 is denied as moot. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no 71 RADARGZ

SATISFACTION of Judgment as to defendant no. 81 TH GOOD US

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 113 zzseqqylbhd

SATISFACTION of Judgment as to defendant no. 32 Feiboyy Co.ltd

SATISFACTION of Judgment as to [Certain] defendants

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 64 PETNAME

SATISFACTION of Judgment as to defendant no. 120 Cheeroll Network and defendant no. 76 Shopping here11

SATISFACTION of Judgment as to defendant no. 103 YOXOZO

SATISFACTION of Judgment as to defendant no. 77 Simpleword

SATISFACTION of Judgment as to defendant no. 188 Zs Household Co. Ltd