2023-cv-02957

2023-cv-02957 Wham-O Holding, Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :5/11/2023
BrandFRISBEE 飞盘
Court :Northen District of Illinois
Law FirmKeith

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Date

Document

1

May 11, 2023

COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-20627896.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

2

May 11, 2023

SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint (1)

3

May 11, 2023

CIVIL Cover Sheet

4

May 11, 2023

ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt

5

May 11, 2023

ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt

6

May 11, 2023

ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang

7

May 11, 2023

ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu

8

May 11, 2023

ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman

9

May 11, 2023

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

CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. 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.

10

May 11, 2023

SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. [Corrected] Schedule A to Complaint [1] & Schedule A to Complaint [2]

11

May 11, 2023

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

12

May 11, 2023

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

14

May 11, 2023

MEMORANDUM in support of [13] Exparte motion

Declaration of Keith A. Vogt

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

Declaration of Todd Richards

Exhibit 1, of Todd Richards declaration

15

May 11, 2023

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, [14]

16

May 12, 2023

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' Motion for Leave to File Under Seal 11, Motion to Exceed Page Limitation 12, and Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication 13 are granted. Enter sealed order. Telephonic hearing set for 5/25/2023 at 9:20 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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

17

May 12, 2023

SEALED TEMPORARY Restraining Order signed by the Honorable Robert W. Gettleman on 5/12/2023. Mailed notice

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

18

May 12, 2023

MAILED trademark report to Patent Trademark Office, Alexandria VA. (jk2,)

19

May 12, 2023

MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jk2,)

20

May 16, 2023

SURETY BOND in the amount of $10,000 posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd.

21

May 22, 2023

MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for extension of time for Temporary Restraining Order

22

May 22, 2023

NOTICE of Motion by Keith A. Vogt for presentment of extension of time[21] before Honorable Robert W. Gettleman on 5/25/2023 at 09:20 AM.

23

May 23, 2023

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' motion to extend the Temporary Restraining Order 17 through 6/9/2023 21 is granted. Telephonic hearings set for 5/25/2023 are stricken and hearing reset to 6/7/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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

24

May 30, 2023

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

25

May 30, 2023

MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction 24

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

26

May 30, 2023

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 24 before Honorable Robert W. Gettleman on 6/7/2023 at 09:15 AM.

27

May 30, 2023

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 5/30/2023, answer due 6/20/2023.

(Declaration of Service, Keith A. Vogt)

28

June 7, 2023

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 6/7/2023. For the reasons set forth on the record, Plaintiffs' motion for entry of a preliminary injunction [24] is granted. Courtroom deputy forwarded email to counsel from a defendant in this action and that defendant will not be included in the preliminary injunction order. Enter order. Telephonic hearing set for 7/6/2023 at 9:15 a.m. on the Webex platform. Plaintiff is directed to file a short status report by 7/3/2023. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. 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

29

June 7, 2023

PRELIMINARY INJUNCTION Order signed by the Honorable Robert W. Gettleman on 6/7/2023. Law Firms Keith Vogt, Ltd. and JiangIP LLC are 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/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. As set forth in the Preliminary Injunction, The Clerk is directed to unseal Corrected Schedule A to the Complaint [10], Exhibit 2 to the Declaration of Todd Richards [15], and the Temporary Restraining Order [17]. Mailed notice

NEW PARTIES: abrrlo002, bi4-50, fatnou38, nrituk, xxx1347-59b, Jinanruidaohuliangwangyouxiangongsi, Kun Ming Nuan Wan Dian Zi Shang Wu You Xian Gong Si, Maanshandechudianzishangwuyouxiangongsi, Shandongshengwanjiaxinxikejiyouxiangongsi, Shen Zhen Shi Wan Bang Tong Da Ke Ji You Xian Gong Si, Wuhanqingzhiyunjiafangyouxiangongsi, aifengshanghang, Amaazons, AULY, Awaken Time, bianchunyubkeogo, Blue lady888, Boga porcelain, CheerHP, chengpinkaixinshangmao, chenxiangyi, Chiyoung Ouyang, Dijiao, Dreamtale, Duan-hongxin, FaithFul, FANLINRITA, feiyuedianzishangwujingxiaobu, Fieumkkqn, FyBudget shop, Gckdiwokm, Glow Fever by Partydragon, gmoon, gongxiaofanwuxiao, H&H Life, HanDeWanChangShangMaoYouXianGongSi, Hanggangjiegou, Hiccval, HPWell, Jane-US, JHWQD Shop, jingqingsvip, Jurenhuizhi, kasadin 112, kunmingjianqiamaoyiyouxianzerengongsi, KunShunJiuTai, LDD123, Lefnuenmci and Liang mall added to case caption.

NEW PARTIES: HP (7-12 Days for Delivey) added to case caption.

NEW PARTIES: LIEHENSHANGDIAN, liliOutdoor products, Lingwu Store, Lisa Susie LLC, MING PIN MAOYI, Mingurial, Miracle2023, ng zhou fei ke shang mao you xian go, ning xiang de ben ri yong bai huo shang hang, Norya shop, NVOART-US, OnePlusStars, outaoyoupin, PHSXD, qiangxing, qianjiafushangcheng, QWRETY, rongshishuo, SB Online Selling, Serendipperson, shanhaiqing(7-15 Days delivered to you), shanliangbaihuodian, Sheshapho, shishangaishi, shuxuezhai-shop, tanbenyong store, tcukli, The sea is full of rivers, Three Nice, tianhuyongpindian, tingle, Tnarro, tuiahren, Vastzey, VIFAT, vivian!, WANGYONGG, WUHANMEIYOU, Wymxjx and xiangdongxingshangmao added to case caption.

NEW PARTIES: XINYUANHAICHENG, XuJuanDeDian, xuyishengshangmao, YaOuchuanmei, Yeahmei, yes two, YIFANBAIHUOUS, Yingzhiding, yong yuan guo ji mao yi, yongchunshenghestore, Yongsong Firm, Youyou Snian Store, yulei888, YunChuang-US, yunzhifanbaihuo, yuxiaoqing313, YUXINAI, zamir-us, zhangfukuan, Zhangyichuans, zhangyuningni, ZhihongDa, Zhuanmeidao and ZYL123 added to case caption.

NEW PARTIES: Defendant no. 115, Defendant no. 116, Defendant no. 117, Defendant no. 118, Defendant no. 119, Defendant no. 120, Defendant no. 121 and Defendant no. 122 added to case caption.

30

June 10, 2023

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 3 fatnou 38

31

June 13, 2023

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

32

June 21, 2023

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

33

June 21, 2023

MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment, 32

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

34

June 21, 2023

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment, 32 before Honorable Robert W. Gettleman on 7/6/2023 at 09:15 AM.

35

July 3, 2023

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

36

July 6, 2023

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 7/6/2023. No defense counsel appeared on the hearing. For the reasons stated on the record, Plaintiffs' Motion For Entry Of Default And Default Judgment Against The Defendants Identified In First Amended Schedule A [32] is granted. Enter order. Civil case terminated. Mailed notice

37

July 6, 2023

FINAL JUDGMENT ORDER signed by the Honorable Robert W. Gettleman on 7/6/2023. Mailed notice

38

July 6, 2023

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

39

July 7, 2023

MINUTE entry before the Honorable Robert W. Gettleman: In accordance with Paragraph 9 of the Default Final Judgment Order 37, the Clerk of the Court is directed to return the ten thousand dollar ($10,000) surety bond posted by WHAM-O to WHAM-O or Plaintiffs' counsel, at Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604 via certified mail. Mailed notice

MAILED original ten-thousand-dollar ($10,000) surety bond posted by WHAM-O to Plaintiffs' counsel, at Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604 via certified mail # 7001 2510 0005 7681 6580.

40

July 11, 2023

SATISFACTION of Judgment as to defendant no. 77 tcukli

41

July 11, 2023

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 5 xxx1347-59b

42

July 18, 2023

RETURN of U.S. Post Office Receipt, article no. 7001 2510 0005 7681 6580. (jk2,)

43

Aug. 13, 2023

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

44

Aug. 20, 2023

SATISFACTION of Judgment as to defendant no. 108 zamir-us

45

Sept. 11, 2023

SATISFACTION of Judgment as to defendant no. 57 Miracle 2023 and defendant no. 99 yung yuan guo ji mao yi

46

Sept. 11, 2023

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 47 KunShunJiuTai

47

Oct. 18, 2023

SATISFACTION of Judgment as to defendant no. 55 MING PIN and defendant no. 10 Shen Zhen Shi Wan Bang Tong Da Ke Ji You Xian Gong Si

48

July 20, 2024

SATISFACTION of Judgment as to defendant no. 79 Three Nice and defendant no. 105 yunzhifanbaihuo

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