2023-cv-04675

COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-20845811.

Exhibit 1

Exhibit 2

Exhibit 3

(Errata 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

ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Monica Rita Martin

CASE ASSIGNED to the Honorable Andrea R. Wood. 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.

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 [12] Exparte Motion

Declaration of Keith A. Vogt

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

Declaration of Todd Richards

Exhibit 1, of Todd Richards' 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, [13]

MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' motion for leave to file under seal 10, motion to exceed page limitation 11, 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 12 are set for a telephonic motion hearing on 7/26/2023 at 10:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held on 7/26/2023. Motions for leave to file excess pages 11 and under seal 10 are granted. Ex Parte Motion for relief 12 is taken under advisement. Telephone conference is set for 8/9/2023 at 10:30 a.m. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MINUTE entry before the Honorable Andrea R. Wood: Having considered the record before the Court, Plaintiff's 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 mail 12 is granted. Enter Sealed Temporary Restraining Order. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 8:00 a.m. on 8/9/2023 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Consistent with the Court's minute order dated 7/26/2023 16, the Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 2, and (2) Exhibit 2 to the Declaration of Todd Richards 14. Telephonic status hearing set for 8/9/2023 is stricken and reset for 8/23/2023 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 8/9/2023.

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

SURETY BOND in the amount of $ 10,000.00 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 21

Declaration of Keith A. Vogt

(Exhibit 1, of Keith A. Vogt's declaration)

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 21 before Honorable Andrea R. Wood on 8/23/2023 at 09:45 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 8/18/2023, answer due 9/8/2023.

(Declaration of Service)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 8/23/2023. For the reasons stated on the record, Plaintiffs' motion for entry of a preliminary injunction 21 is granted. Enter Preliminary Injunction Order. The Clerk's Office is directed to unseal: (1) Schedule A to the complaint 2, (2) Exhibit 2, Declaration of Todd Richards 14, and (3) the sealed temporary restraining order 19. Plaintiff's counsel 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 https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic status hearing set for 9/21/2023 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 8/23/2023. Mailed notice

NEW PARTIES: cbseqe-87, daynight24shopus, f34r242023, freego-sy03, jdfbdb, liadbnh8686, m21_68, mushw5shi5r, shanxiyangdiniusans0, shudedi232, vci-meizq, yongtao2318, Shenzhen Jienuoyi Trading, ah hard, AI lan store, Alberto Technology, alikhan, AMAZTEC, Angulustec-us, AOCCIT stores, Aqingdn, baizhan, BAMOL-US, Bartin Shop, BCVV, Beacaden, Best HD, biaoweipan, Bling-Star, Bolun Commercial, BSNEWXK24, CALV-DGT store, CCTEAS store, cekaikejiyouxiangongsi, cengqing, chabuduo, ChengDuYaoDingSiKangDianZiShangWuYouXianGongSi, CHENRI, chewmora store, chu zhou han zhi gui wang luo ke ji you xian ze re, chunyaxiaodian, CikY, color infinite store, CYUAKTLYA, Damowang, DaniuShop, Daxcell, DFglmmq866866, dichengdianzi, DiNgD, dongshaqqkd and duanhongbin added to case caption.

NEW PARTIES: ERROR, fangshengda, FANGSHOUYIBO, fangyuanyihao, FBesteam-us, fdsfsdffd, fenghuihangshangmao, FFFNG store, fly us, FreeTradeStore, FUNTASTIC DIRECT, fuquan shop, gang huang, Go to Mars, guangzhouqianhaoshangmaoyouxiangongsi1, guangzhoushifuchengmaoyibu, GuangZhouTianManShangMaoYouXianGongSi, guangzhouuishanshangmaoyouxiangongsi, GUODO, guodsafLLLLLL, HANJIANHUAMIAN and hao yun shang cheng added to case caption.

NEW PARTIES: cbseqe-87, daynight24shopus, f34r242023, freego-sy03, jdfbdb, liadbnh8686, m21_68, mushw5shi5r, shanxiyangdiniusans0, shudedi232, vci-meizq, yongtao2318, Shenzhen Jienuoyi Trading, ah hard, AI lan store, Alberto Technology, alikhan, AMAZTEC, Angulustec-us, AOCCIT stores, Aqingdn, baizhan, BAMOL-US, Bartin Shop, BCVV, Beacaden, Best HD, biaoweipan, Bling-Star, Bolun Commercial, BSNEWXK24, CALV-DGT store, CCTEAS store, cekaikejiyouxiangongsi, cengqing, chabuduo, ChengDuYaoDingSiKangDianZiShangWuYouXianGongSi, CHENRI, chewmora store, chu zhou han zhi gui wang luo ke ji you xian ze re, chunyaxiaodian, CikY, color infinite store, CYUAKTLYA, Damowang, DaniuShop, Daxcell, DFglmmq866866, dichengdianzi, DiNgD, dongshaqqkd and duanhongbin added to case caption.

NEW PARTIES: Haocensports, Harls consultans, HDJLX, henananjujiahuanbaokejiyouxiangongsi, hengyangshipinghuiwangluokejiyouxiangongsi, Hero Qi was silent, hesgier, hjxszzjybhd, HomeLifeSucceed, Hongdong County Jinheng Electronic Commerce Co., Ltd., HONGJIA888, honglanshangmao123, houshubianxin, Huitezhishangmao, HuTuanXu, HZBCKJ, Iris shop, JaBuBeaGup, jili shop, JINBEI-US, Jinjiang Meiling Jiacheng Clothing Firm, jinshuiqugongqibaihuo, JINYUANBAO SHOP, jiujiangchaosakushangmaoyouxiangongsi, JMMXG, John Liang Store, Joymm, Junyuekeji, junzhaidewushi, Kai Cong Rui, kaihongshanghang, Kanoyavv, KEZICH STORE, KITTYIT store, kuerbeibaihuodian, KuUoA, Langyu, lanhanshangmao, Leheart, leimimi, lianchiqufutixingbaihuobu, lianchiqushundelaiwenshangyebaihuodian, LIFXIZE, lijunjiegywsgh, Likmind, LINGLAN Inc, linqiangbaihuostore, LJS Inc and lllfffing added to case caption.

NEW PARTIES: longmengshang, longyanshiyongdingquxinyangbaihuoshanghang, LQF123, LSYDCARM STORE, luzilianjin, lvjingye, Manruike, matao688, minlights, Mloowa-US, MOLARIT store, MQMQW, MSIWIGS, Muised, MuJia-Shop, NEROKKY store, new store, NEWBS-XK25, NIAN XUN and Nihao Honey added to case caption.

NEW PARTIES: Let's rock'n roll added to case caption.

NEW PARTIES: NO.1 DHY, Nokey-us, nuanyangyouxuan, PAINIAN, pingxiangxianzhuoduoriyongpindian, PODLINE, Powcoo, ppanbaihuo, PUPPYIT store, qiahe, qiangqiang shop, Qianhaiwanchi, qianyao-shop, QingLiShop, Qingwang Advertising, Qixias, Qu Yang Xing Shuo, Quzhuancai, QYUEYUE, RainbowIris, RichYou, ruifuyuan, ruilanriyongpin, RUMILK, Run Shi Store, RUN666, runduoshang, RunSaDianZi, RuoYouShangMao, S Ron Shop, Scotebias, send, SERAKKT large, Shang Qiu Jia Chun Mao Yi You Xian Gong Si, shanshuihua, shanxilingbeikejiyouxiangongsi, sha-sha, shengzongshang, shinianyibo, shiwenfengq, shouyang1992, small-baby, SporGy, sshuaiyangkeji, STEALTH BIRD, Stedack, suquanwangluo, sushangbai, SYFBS, taikangyaoshun1, TaiXingShiLanYunShangMaoYouXianGongSi, taiyuanbaiqingmaoyiyouxiangongsi, tameishemei, tangzkc, TeaseKT store, tekaicongda, THANK YOU store, THE LION FIRE, thrthew, Tianjiajun, Tianzhuanpupu, tiaoniehan888, tmmlkp, TONG HONG DONG, Tongxun Electronic Store, TOYSMARS-US, TRAIN IT store, Trustdealonline, TUG-IT store, Tutucat, USBSXK23, wangweijiang, wei shi xian shen kai bai huo dian, wenjingshang, WHLWKJ, WindX, Woqian Selection, WOWLEO BLING, wuhuabamen and xbkjyxym added to case caption.

NEW PARTIES: XFSMGS, Xian Meng Shang, xiaogu pet shop, xiaoliushankeji, xiaoxinyiyi, XiaYongW, XiHan, xiuzhaobaihuodian, XKDM22, xuyouzhenxin, YearnFor, YEPLING, yeyatou, YiliUsAnwU, YuChongQingWen, Yue Chang, yueningshanghang, zanliandianzi, zhangyuanshi-gou, zhangzhenjiang and Zhongzhidouya added to case caption.

NEW PARTIES: Defendant no. 247, Defendant no. 248 and Defendant no. 249 added to case caption.

NEW PARTIES: Defendant no. 53 added to case caption.

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

Exhibit 1

MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment[28]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment[28] before Honorable Andrea R. Wood on 9/21/2023 at 09:45 AM.

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

ATTORNEY Appearance for Defendants cekaikejiyouxiangongsi, shanxilingbeikejiyouxiangongsi, tekaicongda by Brian Swift

MOTION by Defendants cekaikejiyouxiangongsi, shanxilingbeikejiyouxiangongsi, tekaicongda for extension of time to file answer

ATTORNEY Appearance for Defendant LIFXIZE by Steven G Kalberg

MOTION by Defendant LIFXIZE for extension of time to file answer or otherwise respond to plaintiffs' complaint (agreed)

ATTORNEY Appearance for Defendant LIFXIZE by David Randolph Bennett

STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. 119 LIFXIZE

MINUTE entry before the Honorable Andrea R. Wood: Defendants cekaikejiyouxiangongsi, shanxilingbeikejiyouxiangongsi, and tekaicongda's unopposed motion for extension of time [33] is granted. Defendants cekaikejiyouxiangongsi, shanxilingbeikejiyouxiangongsi, and tekaicongda shall answer or otherwise respond to Plaintiffs' complaint by 10/3/2023. Additionally, Defendant LIFXIZE's agreed motion for a first extension of time to answwer or otherwise respond to Plaintiffs' complaint [35] is granted. Defendant LIFXIZE shall answer or otherwise respond by 10/9/2023. Plaintiffs' motion for entry of default and default judgment against the Defendants identified in First Amended Schedule A [28] will be heard at the telephonic hearing set for 9/21/2023 at 9:45 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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

STIPULATION of Dismissal Joint Stipulation of Dismissal as to multiple Defendants

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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 9/21/2023. Only Plaintiff appeared. 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 28 is taken under advisement. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 110 kuerbeibaihuodian and defendant no. 206 Tianzhuanpupu

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 198 tameishemei

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 190 STEALTH BIRD

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

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 12/28/2023: Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 3 f34r242023 and defendant no. 8 mushw5shi5r

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 187 small-baby

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 107 Kanoyavv

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default and default judgment 28 is granted. Specifically, after a hearing on 9/20/2023 and having considered Plaintiff's motion and supporting materials, the Court grants Plaintiff's request for entry of default and default judgment as to Defaulting Defendants. None of Defaulting Defendants timely answered or otherwise appeared and therefore entry of default pursuant to Fed. R. Civ. P. 55(a) is appropriate. "The basic effect of an entry of default. is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true." VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (internal quotation marks omitted).With respect to monetary relief, Plaintiff requests an award of $400,000 in statutory damages under 15 U.S.C. § 1117(c)(2) against each Defaulting Defendant. A plaintiff in a case involving the use of a counterfeit mark may elect to seek statutory damages in the amount of: (1) not less than $1,000 or more than $200,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or (2) if the court finds that the use of the counterfeit mark was willful, not more than $2,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just. 17 U.S.C. § 1117(c). The Court finds that Defaulting Defendants' infringing conduct was willful. In determining the amount of statutory damages to award in this case, the Court has considered the difficulty or impossibility of proving actual damages, the circumstances of the infringement, the efficacy of the damages as a deterrent to future infringement, the value of the Plaintiff's brand and its efforts to protect the brand, and the extent or profitability of the Defaulting Defendants' wrongful activities. In addition, the Court has considered the amounts of statutory damages requested and awarded in similar cases. Based on these factors, the Court awards Plaintiff $400,000 per Defaulting Defendant. Enter Default Judgment Order. As all claims as to all Defendants have been resolved, this case will be closed. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 7/31/2024. Mailed notice

MAILED Trademark report with certified copy of minute order dated 07/31/2024 to Patent Trademark Office, Alexandria, VA.

SATISFACTION of Judgment as to defendant no. 246 Zhongzhidouya