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2024-cv-06837

Intersport Corp. d/b/a Wham-O v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2024-08-05
原告:Wham-O Holding, Ltd
代理律所:Keith
诉讼类型:商标
# Date Description
[+] 1 2024-08-05 COMPLAINT filed by Intersport Corp. d/b/a Wham-O; Filing fee $ 405, receipt number AILNDC-22324480.
2 2024-08-05 SEALED DOCUMENT by Plaintiff Intersport Corp. d/b/a Wham-O Schedule A to Complaint 1
3 2024-08-05 CIVIL Cover Sheet
4 2024-08-05 ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Keith A. Vogt
5 2024-08-05 ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Adam Grodman
6 2024-08-05 ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Cameron Eugene Mcintyre
7 2024-08-05 ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Christopher Romero
8 2024-08-05 ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Monica Rita Martin
9 2024-08-05 ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Yanling Jiang
[+] 10 2024-08-05 ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Yi Bu
11 2024-08-06 MOTION by Plaintiff Intersport Corp. d/b/a Wham-O for leave to file under seal
12 2024-08-06 MOTION by Plaintiff Intersport Corp. d/b/a Wham-O for leave to file excess pages
[+] 14 2024-08-06 MEMORANDUM in support of [13] Exparte motion
15 2024-08-06 SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a Wham-O Sealed Exhibit 2, Declaration of Kurt Rios regarding memorandum in support of motion, [14]
16 2024-08-06 MAILED trademark report to Patent Trademark Office, Alexandria VA
17 2024-08-06 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
18 2024-08-07 MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff is required to supplement its TRO motion 13 with a listing of all prior online trademark/copyright infringement cases (also known as "Schedule A" cases) filed in any court in the United States in which it was a plaintiff, a listing of any of the defendants included in the Schedule A in this case that have previously been defendants in any prior complaint or schedule A filed by the plaintiff, and a certification that the plaintiff has not used any of the screenshot evidence supplied in support of this motion for TRO in any prior proceeding. Mailed notice
19 2024-09-12 SEALED DOCUMENT by Plaintiff Intersport Corp. d/b/a Wham-O Supplemental Information to Plaintiff's TRO Motion [13]
20 2024-09-13 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for leave to file under seal [11] is granted. Although not covered by the motion, plaintiff's supplement to the TRO motion [19], provisionally under seal pending order, is permitted to remain under seal. Plaintiff's motion for leave to file excess pages [12] is granted. On the grounds set forth in the motion, plaintiff's ex parte motion for TRO [13] is granted as to all defendants except defendant nos. 23 and 81. Plaintiff has already obtained default judgments (including injunctions) against those defendants for infringement of the trademark at issue, and per the relevant default judgment orders, the proper avenue for further recovery would be supplemental proceedings under Fed. R. Civ. P. 69. To the extent plaintiff has not already been made whole as to defendant nos. 23 and 81, it may file supplemental proceedings against those defendants in the cases in which they were originally sued. Plaintiff is encouraged to voluntarily dismiss defendant nos. 23 and 81 from this action. Enter temporary restraining order. Mailed notice
[+] 21 2024-09-13 SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 9/13/2024. Mailed notice
22 2024-09-13 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 23 goGLOCAL and defendant no. 81 ChildLine
23 2024-09-16 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [22], defendant nos. 23 and 81 are dismissed from this case. Mailed notice
24 2024-09-16 SURETY BOND in the amount of $ 109,000.00 posted by Intersport Corp. d/b/a Wham-O (Document not scanned.)
25 2024-09-20 MOTION by Plaintiff Intersport Corp. d/b/a Wham-O for preliminary injunction
[+] 26 2024-09-20 MEMORANDUM by Intersport Corp. d/b/a Wham-O in support of motion for preliminary injunction[25]
27 2024-09-20 NOTICE of Voluntary Dismissal by Intersport Corp. d/b/a Wham-O as to [Certain] Defendants
[+] 28 2024-09-20 SUMMONS Returned Executed by Intersport Corp. d/b/a Wham-O as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/20/2024, answer due 10/11/2024.
29 2024-09-21 RESPONSE by Defendant HMD Online. (Exhibits). (Received via pro se email on 9/21/24).
30 2024-09-23 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [27], defendant nos. 1-2, 4-7, 9, 11-16, 18-20, 22, 24-25, 27-29, 31, 33, 35-41, 43-49, 52-61, 63-64, 66-67, 69, 71, 73, 75-76, and 78 are dismissed from this case. Mailed notice
31 2024-09-23 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction [25] is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 9/27/24 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
[+] 32 2024-09-23 PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 9/23/2024. Mailed notice
33 2024-09-25 MINUTE entry before the Honorable John J. Tharp, Jr: The Court construes the Response [29] filed by defendant no. 32 as a motion to dismiss and takes it under advisement. Plaintiff's response to the motion is due by 10/11/24; any reply is due by 11/1/24. Mailed notice
34 2024-09-25 ADDITIONAL Evidence & Information by HMD Online (Exhibits) (Received via pro se email on 9/25/2024)
35 2024-09-26 STIPULATION of Dismissal Joint Stipulation of Dismissal as to Def. 32 HMD Online
36 2024-09-27 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 32 HMD Online
37 2024-09-27 MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the parties' joint stipulation of dismissal 35 and the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 36, defendant no. 32 is dismissed from this case. Defendant no. 32's motion to dismiss 29 is denied as moot, and all deadlines related to that motion are stricken. Mailed notice
38 2024-10-15 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
39 2024-10-15 MOTION by Plaintiff Intersport Corp. d/b/a Wham-O for default judgment as to Against the Defendants Identified in First Amended Schedule A
[+] 40 2024-10-15 MEMORANDUM by Intersport Corp. d/b/a Wham-O in support of motion for default judgment 39
41 2024-10-15 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 38, defendant nos. 42, 62, 74, 92, 94, 99, and 110 are dismissed from this case. Mailed notice
42 2024-10-15 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 39 is taken under advisement. Any objections or responses are due by 10/25/24. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 10/17/24. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order, and (2) send an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. The plaintiff is further directed to submit a proposed default judgment order to this Court's proposed order inbox, Proposed_Order_Tharp@ilnd.uscourts.gov, by 10/25/24. Mailed notice
43 2024-10-25 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
44 2024-10-28 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [43], defendant nos. 77, 80, and 84 are dismissed from this case. Mailed notice
45 2024-10-29 MINUTE entry before the Honorable John J. Tharp, Jr: No defendant having objected, the plaintiff's motion for default judgment [39] is granted. Enter default judgment order. Civil case terminated. Mailed notice.
46 2024-10-29 ENTERED DEFAULT JUDGMENT Signed by the Honorable John J. Tharp, Jr on 10/29/2024. Mailed notice.
47 2024-10-29 SATISFACTION of Judgment as to defendant no. 51 PATODOR Tech Store
48 2024-10-30 MAILED trademark closing report with certified copies of orders dated 10/29/24 to Patent Trademark Office, Alexandria VA.
49 2024-10-31 MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 47, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 51. Mailed notice
50 2025-07-13 SATISFACTION of Judgment as to defendant no. 23 goGLOCAL
51 2025-07-14 MINUTE entry before the Honorable John J. Tharp, Jr: On review of the plaintiff's report of full satisfaction of judgment [50], the Court does not enter the satisfaction of judgment as to defendant no. 23. The plaintiff voluntarily dismissed defendant no. 23 on 9/16/24 [23], and because the Court did not enter default judgment as to defendant no. 23, there is no judgment to satisfy. Mailed notice