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2022-cv-06802

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:2022-12-05
原告:Wham-O Holding, Ltd
代理律所:Keith
诉讼类型:商标
# Date Description
[+] 1 2022-12-05 COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-20105688.
2 2022-12-05 SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint (1)
3 2022-12-05 CIVIL Cover Sheet
4 2022-12-05 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt
5 2022-12-05 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang
6 2022-12-05 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu
[+] 7 2022-12-05 ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman
8 2022-12-05 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file under seal
9 2022-12-05 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file excess pages
[+] 11 2022-12-05 MEMORANDUM in support of [10] Exparte motion
12 2022-12-05 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 2022-12-05 MEMORANDUM Establishing that Joinder is Proper
14 2022-12-06 MAILED trademark report to Patent Trademark Office, Alexandria VA.
15 2022-12-06 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
16 2022-12-13 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's motion for leave to file under seal [8], motion for leave to file excess pages [9], and ex parte motion for a temporary restraining order [10]. Provided that Plaintiff provides the security described in paragraph 10 of the temporary restraining order, the temporary restraining order shall become effective on December 20, 2022 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Emailed notice
[+] 17 2022-12-13 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Franklin U. Valderrama on 12/13/2022. Mailed notice.
18 2022-12-19 SURETY BOND in the amount of $ 10,000 posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. (Document not scanned)
19 2022-12-20 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for preliminary injunction
[+] 20 2022-12-20 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction[19]
[+] 21 2022-12-20 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 12/20/2022, answer due 1/10/2023.
22 2022-12-20 ATTORNEY Appearance for Defendants aliqiang, XingHanQi by Adam Edward Urbanczyk
23 2022-12-22 MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction [19] is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint [2]; (2) Exhibit 4 to the Declaration of Todd Richards [12] and (3) the TRO [17]. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Emailed notice
[+] 24 2022-12-22 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 12/22/2022. Emailed notice
25 2022-12-27 MOTION by Defendants Hjsmple Co.Ltd, Outfit of the Day Co.ltd to vacate preliminary injunction. (Exhibits)
26 2022-12-28 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendants Hjsmple Co.Ltd, Outfit of the Day Co.ltd's motion to vacate preliminary injunction [25]: Plaintiff's response due by 1/11/2023; Defendants' reply due by 1/18/2023. Emailed notice
27 2022-12-29 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 Executive Committee on 12/29/2022: Mailed notice.
[+] 28 2022-12-30 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. to strike MOTION by Defendants Hjsmple Co.Ltd, Outfit of the Day Co.ltd to vacate[25] Plaintiffs' Motion to Strike Defendants' Motion to Vacate Preliminary Injunction
29 2023-01-03 ATTORNEY Appearance for Defendant Potaroma Pets by Travis Jacob Stockman
30 2023-01-06 ATTORNEY Appearance for Defendant Potaroma Pets by Michael Poropat
[+] 31 2023-01-06 ANSWER to Complaint by Potaroma Pets
32 2023-01-09 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
33 2023-01-09 ATTORNEY Appearance for Defendants Mntiln, Sungrando by Adam Edward Urbanczyk
34 2023-01-10 ATTORNEY Appearance for Defendants Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., guangzhou keluodawangluokeji youxiangongsi by Lydia Pittaway
35 2023-01-10 MOTION by Defendants Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., guangzhou keluodawangluokeji youxiangongsi for extension of time to respond to Complaint (unopposed)
36 2023-01-10 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's motion to strike [28] is granted. Defendants', Hjsmple Co. Ltd and Outfit of the Day Co. Ltd, motion to vacate preliminary injunction filed by "Dechun Xiong" [25] is not a proper motion filed by an attorney of record for a party in this case and therefore is stricken. Based on the record before it, the Court finds that Defendants are corporations and as such must be represented by counsel licensed to practice in this District. Scandia Down Corp. v. Euroquilt, Inc., 772 F. 2d 1423, 1427 (7th Cir. 1985) ("A corporation must appear by counsel, or not at all."); see also In re IFC Credit Corp., 663 F.3d 315, 318 (7th Cir. 2011) ("Corporations unlike human beings are not permitted to litigate pro se."). Emailed notice
37 2023-01-10 MOTION by Defendants XingHanQi, aliqiang for extension of time UNOPPOSED
38 2023-01-12 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons listed in the motion, Defendants' Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., guangzhou keluodawangluokeji youxiangongsi unopposed motion for extension of time to respond to the complaint [35] is granted. Defendants shall answer or otherwise respond on or before 2/9/23. Emailed notice
39 2023-01-12 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons listed in the motion, Defendants' XingHanQi, aliqiang unopposed motion for extension of time to respond to the complaint [37] is granted. Defendants shall answer or otherwise respond on or before 1/31/23. Emailed notice
40 2023-01-14 ATTORNEY Appearance for Defendants CSYMMKJSA, JYNMAAEBC, LHWMCNXZZ, ZZTOLKSKJ, hahaspil by Adam Edward Urbanczyk
41 2023-01-16 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
42 2023-01-18 MOTION by Defendants CSYMMKJSA, JYNMAAEBC, LHWMCNXZZ, ZZTOLKSKJ, hahaspil for extension of time
43 2023-01-20 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants CSYMMKJSA, JYNMAAEBC, LHWMCNXZZ, ZZTOLKSKJ, and hahaspil's motion for extension of time [42] is granted. Defendants CSYMMKJSA, JYNMAAEBC, LHWMCNXZZ, ZZTOLKSKJ, and hahaspil's answer or other responsive pleading is now due by 1/31/2023. Emailed notice
44 2023-01-24 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
45 2023-02-05 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
46 2023-02-09 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
[+] 47 2023-02-09 MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment[46]
48 2023-02-09 MOTION by Defendants Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., guangzhou keluodawangluokeji youxiangongsi for extension of time
49 2023-02-13 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
50 2023-02-13 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendants Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., guangzhou keluodawangluokeji youxiangongsi's motion for for extension of time [48]. The deadline for Defendants Shenzhen Dali Industry Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., and guangzhou keluodawangluokeji youxiangongsi to respond to the Complaint is extended to 2/23/2023. Emailed notice
51 2023-02-13 MINUTE Entry before the Franklin U. Valderrama: Plaintiff's Motion for Entry of Default and Default Judgment against the Defendants Identified in First Amended Schedule A [46] is granted. Enter Default Judgment Order as to Defendants identified in First Amended Schedule A. By 3/13/2023, Plaintiff is directed to file a status report as to the status of the case against the remaining defendants. Emailed notice
52 2023-02-13 DEFAULT JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 2/13/2023. Emailed notice
53 2023-02-19 SATISFACTION of Judgment as to defendant no. 189 WANYNG and defendant no. 115 shoppinglin
54 2023-02-21 MINUTE entry before the Honorable Franklin U. Valderrama: Upon plaintiff's report of full satisfaction of judgment [53], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to Defendants WANYNG INC (No. 189) and shoppinglin (No. 115). Mailed notice
55 2023-02-28 SATISFACTION of Judgment as to defendant no. 171 Guangzhou Keluodaioangluokeji youxiangongsi
56 2023-03-06 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 181 Shenzhen Dali Industry Co., Ltd. and defendant no. 183 Shenzhen Weitaian Industrial Co., Ltd.
57 2023-03-07 STATUS Report by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd.
58 2023-03-10 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's Status Report [57]. Pursuant to the Default Judgment Order entered as to certain Defendants [52], Plaintiff was advised that in order to obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any Defendant. Based on the Status Report, it appears that the preliminary injunction no longer applies to any Defendant. Accordingly, Plaintiff is directed to file a motion for the return of the bond, and to submit a proposed order to the Court by emailing a Microsoft Word version of the draft to Proposed_Order_Valderrama@ilnd.uscourts.gov. Emailed notice
59 2023-03-10 MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for release of bond obligation
60 2023-03-14 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in Plaintiff's Motion to Release Surety Bond [59], the motion is granted. Enter order. The Plaintiffs' Status Report [57] indicates that Plaintiffs and the Remaining Defendants have settled this matter and have had a satisfaction of judgment entered or have been dismissed, and that no defendants remain in the case and the case may be closed at the Court's convenience. As all claims against all defendants have been resolved, this case is closed. Civil case terminated. Emailed notice
[+] 61 2023-03-14 RETURN OF BOND ORDER: Signed by the Honorable Franklin U. Valderrama on 3/14/2023. Emailed notice
62 2023-03-19 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
63 2023-03-28 RETURN of U.S. Post Office Receipt, article no. 7022 3330 0001 8849 1164.
64 2023-04-10 SATISFACTION of Judgment as to defendant no. 124 Tiankongzhijia and defendant no. 22 CP Professional Store
65 2023-05-02 SATISFACTION of Judgment as to [Certain] defendants
66 2023-06-09 SATISFACTION of Judgment as to defendant no. 21 cotton whisper
67 2023-07-21 SATISFACTION of Judgment as to defendant no. 186 Suuny Market
68 2023-09-10 SATISFACTION of Judgment as to defendant no. 48 GuoSHOP
69 2023-10-01 SATISFACTION of Judgment as to [Certain] defendants