2023-cv-02108

COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-20507008.

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

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

CASE ASSIGNED to the Honorable Matthew F. Kennelly. 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 [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

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]

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 9 and motion for leave to file excess pages 10 are both granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 11 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Preliminary injunction hearing is set for 4/19/2023 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Any motion to extend the TRO or motion for preliminary injunction must be filed by no later than 4/14/2023. Any motion for preliminary injunction filed in this case must be accompanied by a certificate of service describing upon whom and how the motion has been served. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 4/5/2023.

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 extension of time for Temporary Restraining Order

NOTICE of Motion by Keith A. Vogt for presentment of extension of time 18 before Honorable Matthew F. Kennelly on 4/19/2023 at 08:55 AM.

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion to extend the temporary restraining order is granted 18 is granted. The temporary restraining order previously entered by the Court is extended through 5/1/2023. The preliminary injunction hearing set for 4/19/2023 is vacated and reset to 5/1/2023 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Any motion for preliminary injunction must be filed by no later than 4/26/2023 and must be accompanied by a certificate of service describing upon whom and how the motion has been served.

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 21

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 21 before Honorable Matthew F. Kennelly on 5/1/2023 at 08:55 AM.

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 4/17/2023, answer due 5/8/2023.

Declaration of Service

(Exhibit 1)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of a preliminary injunction is granted 21. Enter Preliminary Injunction Order. The preliminary injunction and status hearing set for 5/1/2023 is vacated. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Jiangip LLC 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 located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a telephonic status hearing on 7/6/2023 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Plaintiff is directed to file a status report on 6/29/2023. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 4/24/2023. Mailed notice.

NEW PARTIES: 1amazingsales1, agse45, all_in_1_store_2020, au.cifbuy.store, au_cifbuy, aviyastore, baiweiyun1683, cheapystore16, dealstation-company, deli_games_shop, diligent_man, dmad_94, ermosan36, foryouinlove, funshop53, gilstore004, goodsforyou21, hacdvihag, inovanun-0, kingdror, levistore_1, mayuki1118, naugyri_70, ofedanie-5, omrijacob, or-moshe, osher1998uk, ouke62, rostaple-2, royalmart8383, sh_433430, shakeadu0, shos.quality, sh-store333, tzahi1969, winduir, yalish099, yiwushidengxiansha0, ykai2015 and yorkdeals1 added to case caption. (Text entry; no document attached.)

NEW PARTIES: your-store666, zlotnik16, Hangzhou Yunduan Jinchukou Maoyi YouxianGongsi, Shen Jinxian Mao Yiyouxian Company, Shenzhenshi Baite Trade, Shenzhenshichangchendianzishangwuyouxiangongsi, 62Jeack, A ZE HOME, Adontze, Amzfolun Directstore, amzlhq, angtuo, ANSIOVON US, Anythingforlucky, Aocean-us, Araprsar, Aresh, ASF Bless, Ayuxiang, bailixiaomei, baotai006, BenNiTe, BenYanony, BestSeason, blueseaTXY, caibomaoyi, CANMIN BAZZAR, CHangJiang, changzheng123, chengdouminaijinwangluokejiyouxiangongsia, chifengzhidian, ChildLine, Chynnway US, CirKitry, Concelery, Crystal Beauty Hair, dabangs, Damaisely, Dayiiii, DELIN SHENGQIAN, DianMi, Domezan, DUACUAN, DUCPIP, EasePoints, Eulignant, Falom, fanshixiandongshanxiangkafeiyabaihuodian, Funnyfact, gaoruanyuandedianpu, Geasoel US, Geektogo, GYH.USA, HANGHIYI, hanhantrade, hejinshimiyingdianzishangwuyouxiangongsi, HELIU, Henglongkang, Heybee Direct and HOPE Center added to case caption. (Text entry; no document attached.)

NEW PARTIES: HSJ VrfgG, huazhongsheng, huoyuting123, jiaojingwangluokejiyo, Jiayao Shopping Mall, JIDAFANG-US, Jiejy, Jing Jin Store, JingYDP, Jinjiang Xiadu Trading Co., Ltd., JinZhenDian, jkitchen, JKSHMYT, JNQXSMYXGS, KangChishop, Kangchuansheng, KK-FITNESS, kuaibangsd, Lessen, Lestech, LI LIN SHENG, LiFangJingXiaoBu, LiJunLan2222, LINDYUELANG and LINE SPORT added to case caption. (Text entry; no document attached.)

NEW PARTIES: linzexiankungebaihuodian, Lmgy, lndkey, LV-US, Melody Of Love, Mihfeys, mijay, minglijing, MOINKLYM, MS.inc, mswisdom, MUGUO, ningchengxianzhuojunwujinmenshi, ONEZ, Our-shop, oxystar, PEFCT DIRECT, Pengbotai-US, QIAN.X, QingQingYue, Qtmlw-CH, Qttoa, Qualitybea shop, QUEEN Mall and Raetin-us added to case caption. (Text entry; no document attached.)

NEW PARTIES: RanZhiChuShangMao, RLAND FIT STORE, saiquus0932, salongo, sanmenkuajing, senmeilan, SH Global Traders, shangduoriyongbaihuo, ShanXiJinXinJianDaJiDianSheBeiYouXianGongSi, Shopping satisfaction first, Simplife Damai, sjnkahuxKK, SUMEINA Inc, SYLPAM, TIANXIAYI US STORE, TitanFire, Tkjgjff, Tohoyard, TOYA Direct, TTWEN DIRECT, UJoyFeeL, VvYgg, wei gao fan bai huo pu, weibiaodediian, WEIPENG commercial company, Wen ling, Wym-US, WYWYY, XXZZ Store, YANCHEN DIRECT, YanGer, YaoChuBaiHuo, YeeMin, yidan, YINGLIN-US, YIVAN, Yiwu Zhiyou E-commerce Co., Ltd, YIZHONG 001, yuanmengwangluo, Yuboxuan, YUEON, Yunfan YBJ, yunjiao, YunShang1, YUNXIANGBAIHUO-US, ZAWEDC, ZDYSS, ZFYzhaoshang, Zhengzhoushierqiqudequanbaihuoshanghang, zhikangzixunyouxiangongsi, zhouj shop, ZLBgons and 3lijiahao added to case caption. (Text entry; no document attached.)

NEW PARTIES: baifuli2022, CKYQKH88888888, CLOUD Home & Kitchen, Edream Outdoor, Every day, Hpeno73, Hypermarket, QBSM, Sinocare Sports and Health, Wanjiaxing Stand, Ansee, aoanydony, Arshiner Brand Store, Artoneday, AXL Co., Ltd., Belenka Co. Ltd, Bestnify EthelML, Fancitec Co.,Ltd, fangfangxinxikejiyouxiangongsi, Genovega, GHCD Co.Ltd, Gladys TECH, GOTODO, JSen_Ltd, OBOSOE, Ominpresent, OXOTTA TECH Co. Ltd, Pawns Co.Itd, QXM vision, Shanghai Shengruowang gift packaging.,Ltd, Shengming Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., shenzhenshifumaikangjiajuyouxiangongsi, shenzhenshihualujiedengshiyouxiangongsi, shenzhenshilekehuamaoyiyouxiangongsi, T TAKMLY STORE, TABGIME, weifangruyishangmaoyouxiangongsi, WENE Shop Co. Ltd, xinxiangshilinyunshangmaoyouxiangongsi, Xuesi E-commerce Co., Ltd., Yezo, yidaotongdakeji Co. ltd and Yorcoten added to case caption. (Text entry; no document attached.)

NEW PARTIES: Srliya(Reg. No.6545365) added to case caption. (Text entry; no document attached.)

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

ATTORNEY Appearance for Defendant JKSHMYT by Yifei Deng

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by JKSHMYT

MOTION by Defendant JKSHMYT for extension of time

MINUTE entry before the Honorable Matthew F. Kennelly: Defendant JKSHMYT's motion for extension of time [30] is granted; response to complaint is to be filed by 6/7/2023.

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. 202 ZLBgons

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[36]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

ATTORNEY Appearance for Defendants Concelery, Gladys TECH, Yunfan YBJ by Brian Swift

MOTION by Defendants Concelery, Gladys TECH, Yunfan YBJ for extension of time to file answer

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 134 MOINKLYM

DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 5/23/2023: Motion for entry of default judgment as to certain defendants 36 is granted.

MINUTE entry before the Honorable Matthew F. Kennelly: Motion by defendants Concelery, Gladys TECH, and Yunfan YBJ for extension of time 39 is granted; response to complaint is to be filed by 6/12/2023.

ATTORNEY Appearance for Defendants Tohoyard, YeeMin by Wesley E. Johnson

ATTORNEY Appearance for Defendants Tohoyard, YeeMin by Shu-yu Lin (Lin, Shu-yu)

MOTION by Defendants Tohoyard, YeeMin to vacate order on motion for default judgment, terminate motions[41]

MEMORANDUM by Tohoyard, YeeMin in support of motion to vacate[45]

Exhibit 1

MOTION by Defendants Tohoyard, YeeMin to strike complaint[1]

MINUTE entry before the Honorable Matthew F. Kennelly: Motions by defendants Tohoyard and YeeMin to vacate default judgment and to strike complaint are taken under advisement. Plaintiffs are directed to file a response to the motions by 7/5/2023; defendants are directed to file a reply to the response by 7/19/2023. Telephonic hearing, unless deemed unnecessary by the Court, is set for 7/25/2023 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053.

SATISFACTION of Judgment as to defendant no. 80 DELIN SHENGQIAN

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

SATISFACTION of Judgment as to defendant no. 230 OBOSOE

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. to approve consent judgment Joint Motion for Entry of Consent Judgment

MINUTE entry before the Honorable Matthew F. Kennelly: Motion for entry of consent judgment [52] is denied without prejudice to renewal. Counsel did not send a Word version of the proposed consent judgment order to Judge Kennelly's proposed order e-mail address at the time of filing the motion, contrary to the requirements set out on Judge Kennelly's web page.

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. to approve consent judgment Joint Motion for Entry of Consent Judgment

CONSENT JUDGMENT AS TO DEFENDANT GLADYS TECH, signed by the Honorable Matthew F. Kennelly on 6/24/2023: Motion to approve consent judgment as to defendant Gladys TECH 54 is granted.

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

MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic status hearing set for 7/6/2023 is vacated. The next telephonic hearing date is 7/25/2023 as previously ordered.

Notice by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Joint Notice of Settlement with Plaintiffs and Mooted Motion

SATISFACTION of Judgment as to defendant no. 183 YeeMin and defendant no. 168 Tohoyard

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

MINUTE entry before the Honorable Matthew F. Kennelly: The motions to vacate 45 and to strike 47 filed by defendants Tohoyard and YeeMin are denied as moot based on the settlement between the plaintiffs and those defendants. The telephonic motion hearing set for 8:55 AM on 7/25/2023 is converted to a telephonic status hearing at the same date and time regarding the remainder of the case, using call-in number 888-684-8852, access code 746-1053.

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' counsel has advised the courtroom deputy clerk that all claims against all defendants in this case have been disposed of. The Clerk is directed to terminate the case. The telephonic status hearing set for 7/25/2023 is vacated. Civil case terminated. Mailed notice.

SATISFACTION of Judgment as to [Certain] defendants

SATISFACTION of Judgment as to defendant no. 181 YanGer

SATISFACTION of Judgment as to defendant no. 198 ZFY zhaoshang

SATISFACTION of Judgment as to defendant no. 43 Hangzhou Yunduan Jinchukou Maoyi YouxianGongsi

SATISFACTION of Judgment as to defendant no. 226 GHCD Co.Ltd

SATISFACTION of Judgment as to [Certain] defendants

SATISFACTION of Judgment as to defendant no. 237 Shenzhen Weitian Industrial Co., Ltd. and defendant no. 39ykai2015

SATISFACTION of Judgment s to defendant no. 65 blueseaTXY

SATISFACTION of Judgment as to defendant no. 171 UJoyFeeL

SATISFACTION of Judgment as to defendant no. 220 AXL Co., Ltd.

SATISFACTION of Judgment as to defendant no. 227 Gladys TECH

SATISFACTION of Judgment as to defendant no. 129 LV-US

SATISFACTION of Judgment as to defendant no. 170 TTWEN DIRECT