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1
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2023-08-23 |
COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-20960026. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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2
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2023-08-23 |
SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint 1 |
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3
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2023-08-23 |
CIVIL Cover Sheet |
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4
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2023-08-23 |
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt |
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5
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2023-08-23 |
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang |
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6
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2023-08-23 |
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu |
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7
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2023-08-23 |
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman |
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8
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2023-08-23 |
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Cameron Eugene Mcintyre |
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9
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2023-08-23 |
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Monica Rita Martin |
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CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. |
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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. |
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10
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2023-08-23 |
MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file under seal |
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11
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2023-08-23 |
MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file excess pages |
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13
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2023-08-23 |
MEMORANDUM in support of 12 Exparte motion |
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Declaration of Keith A. Vogt |
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Exhibit 1-4, of Keith A. Vogt's declaration |
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Declaration of Todd Richards |
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(Exhibit 1, of Todd Richards' declaration) |
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14
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2023-08-23 |
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, 13 |
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Exhibit 2-1 |
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Exhibit 2-2 |
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Exhibit 2-3 |
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Exhibit 2-4 |
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Exhibit 2-5 |
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Exhibit 2-6 |
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Exhibit 2-7 |
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Exhibit 2-8 |
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Exhibit 2-9 |
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Exhibit 2-10 |
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Exhibit 2-11 |
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Exhibit 2-12 |
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Exhibit 2-13 |
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(Exhibit 2-14) |
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15
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2023-08-25 |
MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiffs' motion for TRO [12] is denied without prejudice. The plaintiffs have not met their burden for preliminary ex parte relief because their claims of trademark infringement against numerous of the defendants identified on the sealed schedule A are not colorable. This is apparent based on their sealed exhibit 2 [14]. Specific examples of the plaintiffs' implausible claims of infringement include the claims against: defendant no. 5, as its use of the mark on PageID: #331 [14-1] does not describe or identify the source of the good being sold but rather references other products; defendant no. 24, who does not use the mark in reference to its own product or store but rather to refer to the health benefits of the associated activity, PageID: #466 [14-2]; defendant no. 105, which merely states in passing that use of its product combines the functions of the mark and other equipment, Page 100 of 105 [14-7]. These are but a few examples of over-inclusivity of the plaintiffs' schedule A and are not meant to be an exhaustive list. The plaintiffs are directed to submit an amended schedule A and exhibit 2 that are limited to claims of infringements that the plaintiffs have a good-faith basis to assert given the statutory and common law contours for what constitutes trademark infringement, even in the absence of adversarial presentation. Failure to do so may result in dismissal of this case with prejudice. Mailed notice |
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16
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2023-08-30 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. |
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17
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2023-08-30 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
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18
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2023-09-06 |
SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Amended Schedule A[2] to Complaint [1] |
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19
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2023-09-06 |
SEALED EXHIBIT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Amended Exhibit 2, Declaration of Todd Richards regarding exhibit, [14], memorandum in support of motion, [13] |
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20
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2023-09-07 |
MINUTE entry before the Honorable John J. Tharp, Jr: The Court received an email in its proposed order inbox indicating that an updated proposed order document was intended to be attached to said email; however, the email does not contain any attachments. The plaintiff is directed to resend the email with the intended attachment. Mailed notice |
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21
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2023-09-12 |
MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO [12] is granted. Plaintiff's motions for leave to file under seal [10] and to exceed page limitation [11] are granted. Enter temporary restraining order.Mailed notice |
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22
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2023-09-12 |
SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 9/12/2023. Mailed notice |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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23
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2023-09-13 |
SURETY BOND in the amount of $ 113,000 posted by Wham-O Holding, Ltd. (Document not Scanned) |
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24
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2023-09-22 |
MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for preliminary injunction |
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25
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2023-09-22 |
MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction 24 |
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Declaration of Keith A. Vogt |
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(Exhibit 1, Declaration of Keith Vogt) |
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26
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2023-09-22 |
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 9/22/2023, answer due 10/13/2023. |
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Declaration of Service, Keith A. Vogt |
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Exhibit 1 |
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(Exhibit 2) |
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27
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2023-09-26 |
MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiffs' motion for entry of a preliminary injunction 24 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiffs are ordered to enter in CM/ECF no later than 10/3/23 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4 Mailed notice |
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28
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2023-09-26 |
PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 9/26/2023. Mailed notice |
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NEW PARTIES: Adons pet, Ah Kai Life, AILNT, Aisling Trading, AOILDLLI, AOXUNDIY, Ataraxia, baozou, Be Stronger, BEAUTICHEN STORES, Best gogo, BESTLAN, BonreLife, Botai house, Children Music Times Life, Childs Play Castle, City of the sea the lighter, Commodity Market, COPPSC, CZQ super factory, Daily Goods, Detech, Doggtoys, EHUI, ENTHUSIASMS, Eribo Mother and Baby, Eternal Gate, Eternal International, Explore the world, Field expansion, Floating pig mother and baby, foreveronline, Green Lemon Premium, GY articles of everyday use, GYH, Hippos, Holiday Shop, Hubb, ISBONBON and jackwang added to case caption. |
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NEW PARTIES: jiangnanyanyu, JIAWPAL, Jufan toys, Jurassic Animal toys, JY Rich, Kanghe Preferred, KangleFitness, katahui, KKTTWW, LeMall, LifePavilion, LILIGO, Lingxiaobao branch, Liuym super factory, LKshop, LONGQUAN, LSLO, lucky house life, LWFS, Makei, MICROTIME, Mingruo, Miss Zhangs Shop, Mriaiz, MyDear, NAT creative gift, Nina Outdoorsy Collective, ONE NORE TIME, ORDEBOLL, Pandora, PETS HOMME, Pinball toys, Pixel Art Toys, Powerseller, Qi Di, Queenral Sports Bra, RABBITOY, Rongyi shop, Run for sports, SailTechg, Sanga Home, Sea Moon, Shidai, Shopping Centers, Siheng Pet Living House, Sjbeauty, Smile life at home daily, SOEMER, Szeahki, Tai Lai Daily Merchandise, TARTGO, Teddy Kit, The ni act the role ofing is, Thrivingxinxin, TOM GARDEN, TONGYUE, TOP MALL, Torrey, twinkledoris, TXYTrust Mart, Unlimited potential, Vexa, VIRGO NING, Winsir Sports, WITLEO WISLEO, Wuxince, XIAYU, XICHEN SPORTS AND FITNESS, XILAIYA, xingxingshangmao, Xuansheng precision hardware, yingge pet and ZERO D DISC added to case caption. |
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29
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2023-10-18 |
MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for default judgment as to The Defendants Identified In First Amended Schedule A |
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32
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2023-10-19 |
MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 29 is taken under advisement. Any objections or responses are due by 10/31/23. Mailed notice |
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33
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2023-10-19 |
MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 31 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the defendants listed therein are dismissed from this case. Mailed notice |
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35
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2023-11-02 |
NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 46 Kanghe Preferred |
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36
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2023-11-02 |
MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 34 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the defendants listed therein are dismissed from this case. Mailed notice |
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37
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2023-11-02 |
MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 29 is granted. Enter default judgment order. Civil case terminated. Mailed notice |
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38
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2023-11-02 |
DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 11/2/2023. Mailed notice |
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39
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2023-11-02 |
NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 98 Torrey |
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40
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2023-11-13 |
MAILED trademark report with certified copy of minute order dated 11/2/2023 to Patent Trademark Office, Alexandria VA. |
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41
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2023-11-29 |
MINUTE entry before the Honorable John J. Tharp, Jr: Enter Corrected Default Judgment Order. Mailed notice |
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42
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2023-11-29 |
CORRECTED Default Judgment Order Signed by the Honorable John J. Tharp, Jr on 11/29/2023. Mailed notice |
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43
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2024-02-19 |
SATISFACTION of Judgment as to defendant no. 104 Winsir Sports and defendant no. 44 Jurassic Animal toys |
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44
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2024-02-20 |
MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 43, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendants Nos. 44 and 104. Mailed notice |
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45
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2024-08-12 |
SATISFACTION of Judgment as to defendant no. 70 Pandora |
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46
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2024-08-14 |
MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 38, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 70. Mailed notice |
