2025-cv-01035

COMPLAINT filed by Intersport Corp. d/b/a Wham-O; Filing fee $ 405, receipt number AILNDC-23024242.

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 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 Christopher Romero

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 Yanling Jiang

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

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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 (qrtr,)

NEW PARTIES: Hefeicuolengdianzishangwuyouxiangongsi, TaiYuanLingXiaXinXiKeJi, TaiYuanShiGuiHangKeJi and Zunyishitengyiwenhuachuanmeiyouxiangongsi added to case caption. Terminating The Partnerships and Unincorporated Associations Identified on Schedule A

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

SEALED DOCUMENT by Plaintiff Intersport Corp. [Amended] Schedule A to the 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 [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. Sealed Exhibit 2, Declaration of Kurt Rios regarding memorandum in support of motion, [17]

SEALED DOCUMENT by Plaintiff Intersport Corp. Memorandum Establishing that Joinder is Proper

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 Edmond E. Chang on 2/10/2025 at 08:30 AM.

MINUTE entry before the Honorable Edmond E. Chang: (1.) On joinder, Amended Schedule A satisfies Civil Rule 18 because the four Defendants use identical product images, product details (with the same five-bullet-point listing of many words), and ad text of the same 27 words in the same, non-grammatical sequence. (2.) The Plaintiff's motion [16] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [14] for leave to file under seal is granted in light of the asset-restraint goal. The Plaintiff's request in the TRO motion for electronic service of process is granted. The motion [15] for extra pages is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 02/21/2025 at 8:30 a.m. The Plaintiff shall file, if appropriate, the TRO extension motion (or a preliminary injunction motion) no later than 02/14/2025. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/07/2025. Emailed notice

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/07/2025. Emailed notice

INJUCTION BOND in the amount of $ 4,000 posted by Intersport Corp. (Document not scanned).

MOTION by Plaintiff Intersport Corp. for preliminary injunction

MEMORANDUM by Intersport Corp. in support of motion for preliminary injunction 25

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 25 before Honorable Edmond E. Chang on 2/21/2025 at 08:30 AM.

SUMMONS Returned Executed by Intersport Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/13/2025, answer due 3/6/2025.

(Declaration of Service)

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction 25 is granted. Given the answer deadline of 03/06/2025, the tracking status hearing of 02/21/2025 is reset to 03/28/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 03/21/2025. The parties must file a joint initial status report with the content described in the ***ATTACHED*** status report requirements (do ***not*** use templates from other cases). Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. If the Defendants do not answer on time, then the Defendants are deemed to be in default and the Plaintiff shall file a motion for default judgment by 03/21/2025. Emailed notice

(Status Report Requirements)

PRELIMINARY INJUNCTION ORDER signed by the Honorable Edmond E. Chang on 02/18/2025. 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[31]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 31 before Honorable Edmond E. Chang on 3/13/2025 at 08:30 AM.

MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment 31 is granted. Statutory damages are awarded in the amount of $15,000 per Defendant. Given the willfulness established by the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The status hearing of 03/28/2025 is vacated. Civil case terminated. Emailed notice

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 03/11/2025. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 03/11/2025. Emailed notice