2024-cv-11951

COMPLAINT filed by Intersport Corp. d/b/a Wham-O; Filing fee $ 405, receipt number AILNDC-22751430.

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

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

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2).

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

NEW PARTIES: binzhouwenyudianzishangwuyouxiangongsi, chenzhiwei07, feng8431, taiyuanxingqidianzishangwuyouxiangongsi, wang_7451, zuoq_65 and Defendant 6 added to case caption.

MINUTE entry before the Honorable Sara L. Ellis: The initial telephonic status conference in this matter is set for 1/21/2025 at 9:30 a.m. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' web site and to submit the required Initial Status Report by 1/14/2025. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Emailed notice

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

((List of Tradmarks, Ex. 1))

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

SEALED DOCUMENT by Plaintiff Intersport Corp. [Amended] Schedule A to Complaint [1] and Schedule A [2]

MOTION by Plaintiff Intersport Corp. for leave to file under seal

MOTION by Plaintiff Intersport Corp. for leave to file excess pages

MEMORANDUM in Support of [17] Exparte Motion

Declaration of Keith A. Vogt

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

Declaration of Kurt Rios

Exhibit 1, of Kurt Rios' Declaration

SEALED EXHIBIT by Plaintiff Intersport Corp. Sealed Exhibit 2, Declaration of Kurt Rios regarding memorandum in support of motion, [18]

Presentment for Exparte Motion [17] and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file[15], motion for leave to file excess pages[16] before Honorable Sara L. Ellis on 12/11/2024 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for temporary restraining order [17], for leave to file under seal [15], and for leave to file excess pages [16]. The Court sets a status date for 1/7/2025 at 9:30 AM. Plaintiff should file any motion for preliminary injunction and notice the motion for the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sara L. Ellis on 12/11/2024

MOTION by Plaintiff Intersport Corp. for extension of time for Temporary Restraining Order

NOTICE of Motion by Keith A. Vogt for presentment of extension of time[23] before Honorable Sara L. Ellis on 12/19/2024 at 01:45 PM.

SURETY BOND in the amount of $ 10,000.00 posted by Intersport Corp. (Document not scanned).

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of the temporary restraining order 23. The Court extends the temporary restraining order through 1/8/2025. Status date of 1/7/2025 at 9:30 AM to stand and Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Mailed notice.

MOTION by Plaintiff Intersport Corp. for preliminary injunction

MEMORANDUM by Intersport Corp. in support of motion for preliminary injunction 27

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 27 before Honorable Sara L. Ellis on 1/7/2025 at 09:30 AM.

SUMMONS Returned Executed by Intersport Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/19/2024, answer due 1/9/2025.

(Declaration of Service)

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 Honorable Virginia M. Kendall on 12/20/2024: Mailed notice.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for preliminary injunction [27]. 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 located at www.ilnd.uscourts.gov/instructions. The Court strikes the status date set for 1/7/2025 and resets it to 2/4/2025 at 9:45 AM. Plaintiff should file any motion for entry of default and default judgement and notice the motion for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Emailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sara L. Ellis on 1/7/2025. Emailed notice

MOTION by Plaintiff Intersport Corp. for default judgment as to the Defendants Identified in [Amended] Schedule A

MEMORANDUM by Intersport Corp. in support of motion for default judgment 34

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 34 before Honorable Sara L. Ellis on 2/4/2025 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for entry of default and for default judgment 34. The Court enters default judgment in favor of Plaintiff and against Defendants identified in Amended Schedule A. Case terminated. Emailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Sara L. Ellis on 4/2/2025:Emailed notice

MAILED trademark report with a copy of the default judgment order 38 to Patent Trademark Office, Alexandria VA