2025-cv-06053

COMPLAINT filed by Revelyst Operations LLC ; Filing fee $ 405, receipt number BILNDC-23556331.

Exhibit 1 - TM Registrations

Exhibit 2 - CBP

Exhibit 3 - IP Rights

(Exhibit 4 - DHS)

CIVIL Cover Sheet

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC - Schedule A to Complaint - regarding complaint, 1

MOTION by Plaintiff Revelyst Operations LLC to seal document exhibit 3

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Revelyst Operations LLC

ATTORNEY Appearance for Plaintiff Revelyst Operations LLC by Matthew A. Werber

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.

NEW PARTIES: BiaoMei Car Accessories Shop, Dasenghong, EWQOPRUITY and Guhaiyi Trading added to case caption.

NEW PARTIES: Hydanny, LIKEFLYWATER, nengxing, Paraugas, QUTETN, USEFUL, Yy' choice Co.Ltd, zhangdi, COCOTIME, coolmi, FIRECLUBlocal, Funny Stickerss, JM Yifan Alliance Home, local wholesale, MAKPOP, MEINUOUSA, OASIS TACTICAL, OpticsShop, SmartKing, STONEWORLD, TEMUTACTICAL, VASTFIRE Hunt, VASTFIRE Shop Light, VASTFIREOF, VTOPTICS, WinkWares, WPHKT, Yifang Outdoor, broadwood-home, wenzhouxunyuanqichebujianyouxiangongsi, jinanwangdixinxikeji, Shiyiyonglai Trading, Foshan Guze Trading Co., Ltd., Guangzhoushiwanlibaihuoyouxiangongsi, KEZHAO Co.Ltd, MHO+ALL SELLER, QUZHANG Co.Ltd, SendaDecoration Design Co.,Ltd and Serene Home Haven added to case caption.

NEW PARTIES: shenzhenshijiuyuntu, shijiazhuangguozhongshangmao, SWEATYFVBK, TakeTake, TuseyRxln, YIDU Co.Ltd, Yunyun---shop, ZHEYISHOUYONGCHUN, Red Chan and SHOOTFIRE added to case caption.

NEW PARTIES: BiaoMei Car Accessories Shop, Dasenghong, EWQOPRUITY and Guhaiyi Trading added to case caption.

NEW PARTIES: Hydanny, LIKEFLYWATER, nengxing, Paraugas, QUTETN, USEFUL, Yy' choice Co.Ltd, zhangdi, COCOTIME, coolmi, FIRECLUBlocal, Funny Stickerss, JM Yifan Alliance Home, local wholesale, MAKPOP, MEINUOUSA, OASIS TACTICAL, OpticsShop, SmartKing, STONEWORLD, TEMUTACTICAL, VASTFIRE Hunt, VASTFIRE Shop Light, VASTFIREOF, VTOPTICS, WinkWares, WPHKT, Yifang Outdoor, broadwood-home, wenzhouxunyuanqichebujianyouxiangongsi, jinanwangdixinxikeji, Shiyiyonglai Trading, Foshan Guze Trading Co., Ltd., Guangzhoushiwanlibaihuoyouxiangongsi, KEZHAO Co.Ltd, MHO+ALL SELLER, QUZHANG Co.Ltd, SendaDecoration Design Co.,Ltd and Serene Home Haven added to case caption.

ATTORNEY Appearance for Plaintiff Revelyst Operations LLC by Peter Krusiewicz

MOTION by Plaintiff Revelyst Operations LLC for temporary restraining order PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER AND OTHER RELIEF

MEMORANDUM by Revelyst Operations LLC in support of motion for temporary restraining order 8

Declaration of Paul Mills

Declaration of Matthew Werber

(Unpublished)

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC EXHIBIT 1 TO THE DECLARATION OF PAUL MILLS (SEALED) regarding memorandum in support of motion 9

Exhibit 1 - Part 1 of 2

(Exhibit 1- Part 2 of 2)

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC EXHIBIT A TO THE DECLARATION OF MATTHEW A. WERBER (SEALED) regarding memorandum in support of motion 9

(Exhibit A)

MOTION by Plaintiff Revelyst Operations LLC for EXPEDITED DISCOVERY AND ELECTRONIC SERVICE

Declaration of Matthew Werber

Exhibit A - to the Declaration of Matt Werber

Exhibit B - to the Declaration of Matt Werber

(Unpublished)

MEMORANDUM by Revelyst Operations LLC -- MEMORANDUM ON JOINDER --

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to file under seal 4 is granted. Plaintiff's motion for entry of a temporary restraining order 8 and motion for expedited discovery and electronic service 12 are set for an in-person hearing on 6/16/2025 at 9:30 AM.

MINUTE entry before the Honorable Matthew F. Kennelly: In court motion hearing held. Plaintiff's motion for expedited discovery and electronic service 12 is granted. The Court has modified the proposed order to require the materials to be served to be attached to the emails send to the defendants' email addresses; service of a link to a website is insufficient. Plaintiff's ex parte motion for entry of a temporary restraining order 8 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 6/30/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO just be filed by 6/25/2025. Plaintiff is advised that the Court may deny entry of a preliminary injunction if there is an insufficient interval between electronic service of summons and the preliminary injunction hearing. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 6/16/2025.

SUMMONS Issued (Court Participant) as to Defendant BiaoMei Car Accessories Shop and all other Defendants identified in the Complaint

SURETY BOND in the amount of $ 10,000 posted by Revelyst Operations LLC. Document not imaged.

REGISTRY Deposit Information form by Revelyst Operations LLC in the amount of $10,000.00. (Received at the Intake Counter on 6/18/2025). (jn,) Modified on 6/20/2025.

MOTION by Plaintiff Revelyst Operations LLC for extension of time PLAINTIFF'S MOTION TO EXTEND TEMPORARY RESTRAINING ORDER

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to extend the temporary restraining order 21 is granted; the ex parte TRO entered by the Court on 6/116/2025 is extended through 7/14/2025. The telephonic preliminary injunction hearing set for 6/30/2025 is vacated and reset to 7/14/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction must be filed by 7/9/2025. Plaintiff is reminded that the Court may deny entry of a preliminary injunction if there is an insufficient interval between electronic service of summons and the preliminary injunction hearing.

SUMMONS Returned Executed by Revelyst Operations LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto on 7/3/2025, answer due 7/24/2025.

(Executed Summons)

MOTION by Plaintiff Revelyst Operations LLC for preliminary injunction

(Unpublished Orders)

MINUTE entry before the Honorable Matthew F. Kennelly: No defendant in this case has appeared or answered the complaint or responded to the motion for preliminary injunction. Plaintiff's motion for entry of a preliminary injunction 24 is granted. Enter Preliminary Injunction Order. The telephonic preliminary injunction hearing set for 7/14/2025 is vacated. The case is set for a telephonic status hearing on 9/19/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff is directed to file a status report on 9/12/2025. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Nixon Peabody LLP 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 https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 7/10/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Revelyst Operations LLC as to Certain Defendants

NOTICE of Voluntary Dismissal by Revelyst Operations LLC as to certain defendants

MOTION by Plaintiff Revelyst Operations LLC for default judgment as to Defaulting Defendants

MOTION by Defendants COCOTIME, MAKPOP, MEINUOUSA, STONEWORLD, SmartKing for extension of time to file answer regarding complaint, 1, UNOPPOSED

NOTICE of Voluntary Dismissal by Revelyst Operations LLC as to Certain Defendants

MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion by defendants COCOTIME, MAKPOP, MEINUOUSA, SmartKing, and STONEWORLD for extension of time 32 is granted; response to complaint by these defendants is to be filed by 8/21/2025.

NOTICE of Voluntary Dismissal by Revelyst Operations LLC as to Certain Defendants

FINAL DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 8/14/2025: Motion for default judgment as to certain defendants 29 is granted, with the following caveat. The motion concerns defendants alleged to have infringed (and now, based on the default, found to have infringed) in a variety of ways. The motion for default judgment and supporting memorandum make no real effort to make the case for the high award of statutory damages sought, nor do they describe, either for the defendants individually or as (a) group(s), the nature and character of the infringement. This left the Court to fend for itself and, in this regard, to return to the materials in support of the TRO motion, which is where the claimed infringement is catalogued. As the Court advised at the time, it was barely persuaded that there was infringement, as opposed to fair use, at least as to some defendants. Plaintiff was able to persuade the Court to enter a TRO, but now it is asking for a judgment. At least some of the defendants' use of the "Weaver" name is arguably read as saying their products are compatible with or for use with Weaver products, which is arguably fair use. Without any attempt by plaintiff to distinguish among defendants or, for any defendant, to explain the degree of harm caused, the Court has reduced the damages awarded to what it considers to be the high end of what it would call the lowest common denominator range, $10,000. In the future plaintiff will have to do a better job of explaining the basis for the damages award it seeks.

NOTICE of Voluntary Dismissal by Revelyst Operations LLC as to Certain Defendants

NOTICE of Voluntary Dismissal by Revelyst Operations LLC as to Certain Defendants

NOTICE of Voluntary Dismissal by Revelyst Operations LLC as to Certain Defendants

STATUS Report by Revelyst Operations LLC

MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the joint status report filed 9/10/2025 41, all defendants in this have been terminated by dismissal or judgment. This case is hereby dismissed. Any hearing dates set before this Court are stricken. Civil case terminated. Mailed notice.