2024-cv-11473

COMPLAINT filed by Intersport Corp. d/b/a Wham-O; Filing fee $ 405, receipt number AILNDC-22698394.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Intersport Corp. d/b/a Wham-O Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Yanling Jiang

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2).

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.

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

NEW PARTIES: codree added to case caption. Terminating The Partnerships and Unincorporated Associations Identified on Schedule A

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Yi Bu

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Adam Grodman

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Christopher Romero

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging trademark infringement, counterfeiting, and false designation of origin against 87 defendants. (R. 1 and R. 2.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before November 14, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Having reviewed the complaint, the Court is also concerned about certain allegations directed towards joinder. For instance, the complaint alleges that, "Upon information and belief, Defendants are an interrelated group of counterfeiters working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell counterfeit products." (R. 1 Para. 20.) This is a conclusory statement that does nothing to establish the propriety of joinder. Moreover, experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together. Fed. R. Civ. P. 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Pursuant to Fed. R. Civ. P. 11(c)((3), the Court requires counsel for the plaintiff to show cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). The Court will consider the issues raised in this order first, and will hear argument on the issues raised in this order on November 20, 2024, at 9:30 a.m. Mailed notice.

SEALED DOCUMENT by Plaintiff Intersport Corp. d/b/a Wham-O Amended Schedule A to the Complaint 1 and Schedule A 2

MOTION by Plaintiff Intersport Corp. d/b/a Wham-O for leave to file under seal

MOTION by Plaintiff Intersport Corp. d/b/a Wham-O for leave to file excess pages

MEMORANDUM in support of 16 Exparte motion

Declaration of Keith A. Vogt

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

Declaration of Kurt Rios

(Exhibit 1, of Kurt Rios' declaration)

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a Wham-O Sealed Exhibit 2, Declaration of Kurt Rios regarding memorandum in support of motion, 17

(Exhibit 2-1)

Presentment for 16 Exparte motion and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file 14, motion for leave to file excess pages 15 before Honorable Jeremy C. Daniel on 11/14/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motions for leave to file under seal 14, for leave to file excess pages 15 and temporary restraining order 16 are granted. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 11/14/2024. Mailed notice

MINUTE entry before the Honorable Jeremy C. Daniel: In light of the order entered on 11/14/2024 20, the hearing set for 11/20/2024 is stricken. Mailed notice.

MOTION by Plaintiff Intersport Corp. d/b/a Wham-O for preliminary injunction

MEMORANDUM by Intersport Corp. d/b/a Wham-O in support of motion for preliminary injunction 23

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 23 before Honorable Jeremy C. Daniel on 11/26/2024 at 09:30 AM.

SUMMONS Returned Executed by Intersport Corp. d/b/a Wham-O as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/20/2024, answer due 12/11/2024.

(Declaration of Service)

SURETY BOND in the amount of $ 1,000.00 posted by Intersport Corp. d/b/a Wham-O

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeremy C. Daniel on 11/26/2024. Motion hearing held. Plaintiff's motion for entry of a preliminary injunction 23 is granted. The plaintiff is hereby ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on court's website located at www.ilnd.uscourts.gov/instructions. Mailed notice.

ATTORNEY Appearance for Defendant codree by Jianyin Liu

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 1 codree

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

MINUTE entry before the Honorable Jeremy C. Daniel: In light of the Notice of Voluntary Dismissal 30, this case is dismissed. Civil case terminated. Mailed notice

MINUTE entry before the Honorable Jeremy C. Daniel: Any party to this action has until October 21, 2025, to justify the continued need to seal any documents in this case. The Court intends to unseal all documents in this case after that date. Mailed notice.