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2022-cv-02741

Wham-O Holding, Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院：伊利诺伊州北法院
发案日期：2022-05-24
原告：Wham-O Holding, Ltd
代理律所：Keith
诉讼类型：商标
# Date Description
[+] 1 2022-05-24 COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-19497275.
2 2022-05-24 SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint [1]
3 2022-05-24 CIVIL Cover Sheet
4 2022-05-24 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt
5 2022-05-24 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman
6 2022-05-24 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu
[+] 7 2022-05-24 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang
8 2022-05-24 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file [Certain] Documents Under Seal
9 2022-05-24 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file excess pages
[+] 11 2022-05-24 MEMORANDUM In Support of [10] Ex Parte Motion
12 2022-05-24 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[11]
[+] 13 2022-05-25 MAILED trademark report to Patent Trademark Office, Alexandria VA.
14 2022-05-25 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
15 2022-06-07 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process, motion for excess pages, and motion to seal 8 9 10 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits as to the defendants listed in the Schedule A, the harm to plaintiff is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property and causes consumer confusion. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. A $50,000 bond is sufficient to secure the injunction, and must be posted within one week. Enter Sealed TRO. Mailed notice.
[+] 16 2022-06-07 SEALED ORDER. Signed by the Honorable Manish S. Shah on 6/7/2022.
17 2022-06-10 SURETY BOND in the amount of $ 50,000 posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd.
18 2022-06-15 ATTORNEY Appearance for Defendant HCPET by Jiyuan Zhang
19 2022-06-17 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for extension of time for Temporary Restraining Order
20 2022-06-20 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 19 is granted. The TRO is extended to 7/5/22.
21 2022-06-30 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for extension of time for Temporary Restraining Order
22 2022-06-30 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 21 is denied. The court extended the TRO once for 14 days and the rules do not permit another extension without notice and an opportunity to be heard. Plaintiffs must seek a preliminary injunction.
23 2022-06-30 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for preliminary injunction Plaintiffs' Motion for Entry of a Preliminary Injunction
[+] 24 2022-06-30 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction 23 Memorandum of Law in Support of Plaintiffs' Motion for Entry of a Preliminary Injunction
25 2022-06-30 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for a preliminary injunction must be properly filed by 7/5/22. If no objections are filed, the motion will be considered unopposed. Plaintiff shall serve a copy of this order by the electronic means previously authorized.
[+] 26 2022-06-30 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 6/30/2022, answer due 7/21/2022.
27 2022-06-30 STIPULATION of Dismissal Joint Stipulation of Dismissal as to Def No. 31 HCPET
28 2022-07-06 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction [23] is granted. No defendant has appeared or objected to the motion. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction. Enter preliminary injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices mailed.
[+] 29 2022-07-06 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 7/6/2022. Notices mailed.
30 2022-07-18 NOTICE of Voluntary Dismissal by All Plaintiffs
31 2022-07-20 ATTORNEY Appearance for Defendant ZergStore by Yong Chen
32 2022-07-20 MOTION by Defendant ZergStore for extension of time to file answer regarding complaint[1] UNOPPOSED
33 2022-07-21 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to answer [32] is granted. Defendant ZergStore has until 8/4/22 to respond to the complaint. Notices mailed.
34 2022-07-22 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
[+] 35 2022-07-22 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment[34]
36 2022-07-22 MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for entry of default judgment must be properly filed by 7/29/22. If no objections are filed, the motion will be considered unopposed. Notices mailed.
37 2022-07-23 NOTICE of Voluntary Dismissal by All Plaintiffs
38 2022-08-01 NOTICE of Voluntary Dismissal by All Plaintiffs
39 2022-08-01 STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. 80 ZergStore
40 2022-08-02 MINUTE entry before the Honorable Manish S. Shah: No defendants have appeared to object to the motion for entry of default judgment. The motion 34 is granted. Based on the evidence submitted in support of the temporary restraining order and the admission of liability by virtue of the default, plaintiffs have established that a permanent injunction should be entered. The infringement of plaintiffs' intellectual property irreparably harms plaintiffs and confuses the public. The infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants, the strong value of the plaintiffs' brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is an appropriate award of statutory damages. Enter Default Judgment Order. Terminate civil case. Notices mailed.
41 2022-08-02 DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 8/2/2022. Notices mailed.
42 2022-08-07 SATISFACTION of Judgment
43 2022-08-07 NOTICE of Voluntary Dismissal by All Plaintiffs
44 2022-08-09 SATISFACTION of Judgment
45 2022-08-15 NOTICE of Voluntary Dismissal by All Plaintiffs
46 2022-08-21 SATISFACTION of Judgment
47 2022-10-22 SATISFACTION of Judgment
48 2023-08-07 SATISFACTION of Judgment as to defendant no. 52 PETOPIA JD
49 2024-11-12 SATISFACTION of Judgment as to defendant no. 39 Loveluv