Case number 1:22-cv-05009
Wham-O Holding, Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Feb 21, 2023 | 39 | MINUTE entry before the Honorable John F. Kness: The Court granted 37 38 Plaintiffs' motion 24 for entry of default judgment today. As those orders were being docketed, Plaintiffs and Defendant No. 16 (Qingtian Yingying Electronic Commerce Co., Ltd.) filed 36 a "Joint Notice of Settlement." As noted in the order 37 granting Plaintiffs' motion for default judgment, the already-extended deadline for Defendant No. 16 to seek vacatur of default or to oppose default judgment was yesterday, but neither side alerted the Court to the pending settlement or otherwise suggested the approach proposed in the Joint Notice of Settlement. The case is now closed. If the parties seek some other form of relief, they will need to file an appropriate postjudgment motion. Mailed notice (jk) (Entered: 02/21/2023) (1) |
| Feb 21, 2023 | 38 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 2/21/2023. Mailed notice(ef, ) (Entered: 02/21/2023) (5) |
| Feb 21, 2023 | 37 | ORDER signed by the Honorable John F. Kness on 2/21/2023: Plaintiffs' motion for entry of default judgment 24 is granted. Enter Final Judgment Order. The ten-thousand-dollar ($10,000) surety bond posted by Intersport Corp. and Wham-O Holding, Ltd. is hereby released to Keith A. Vogt of Keith Vogt, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Keith A. Vogt of Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W Chicago, Illinois 60604 via certified mail. Civil case terminated. Mailed notice (ef, ) (Entered: 02/21/2023) (2) |
| Feb 21, 2023 | 36 | Joint Notice of Settlement by Intersport Corp., Wham-O Holding, Ltd. as to Defendant No. 16 Qingtian Yingying Electronic Commerce Co., Ltd. (Vogt, Keith) (Entered: 02/21/2023) (2) |
| Feb 20, 2023 | 35 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 9 Idealforce (Vogt, Keith) (Entered: 02/20/2023) (2) |
| Jan 29, 2023 | 34 | MINUTE entry before the Honorable John F. Kness: The unopposed motion 33 of Defendant Qingtian Yingying Electronic Commerce Co., Ltd. (Def. No. 16) for an extension of time to respond to Plaintiffs' motion for default judgment 24 or to move to lift the entry of default 29 is granted. Any such filing must be made on or before 2/20/2023. NO FURTHER EXTENSIONS. Plaintiff's motion 24 for entry of a final default judgment is entered and continued as to all Defendants. See Fed. R. Civ. P. 54(b). Mailed notice (jk) (Entered: 01/29/2023) (1) |
| Jan 26, 2023 | 33 | MOTION by Defendant Qingtian Yingying Electronic Commerce Co., Ltd. for extension of time to Respond to Plaintiff's Motion for Entry of Final Judgment (D.E. 24), or to Move to Vacate Default Judgment (Pittaway, Lydia) (Entered: 01/26/2023) (2) |
| Jan 26, 2023 | 32 | ATTORNEY Appearance for Defendant Qingtian Yingying Electronic Commerce Co., Ltd. by Lydia Pittaway (Pittaway, Lydia) (Entered: 01/26/2023) (1) |
| Jan 24, 2023 | 31 | NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) (Entered: 01/24/2023) (2) |
| Jan 19, 2023 | 30 | CERTIFICATE of Service by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. regarding terminate deadlines and hearings,,, set motion and R&R deadlines/hearings,, 29 (Vogt, Keith) (Entered: 01/19/2023) (1) |
| Jan 19, 2023 | 29 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 24 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 1/26/2023. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice (ef, ) (Entered: 01/19/2023) (1) |
| Jan 17, 2023 | 28 | PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 1/17/2023. Mailed notice(ef, ) (Entered: 01/17/2023) (6) |
| Jan 17, 2023 | 27 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 17 is granted. (Plaintiff's recently filed motion 24 for entry of default and a default judgment will be adjudicated separately.) Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 19 22 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice (ef, ) (Entered: 01/17/2023) (2) |
| Jan 13, 2023 | 25 | MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for default judgment 24 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration of Keith A. Vogt)(Vogt, Keith) (Entered: 01/13/2023) (Declaration of Keith A. Vogt) (2) |
| Jan 13, 2023 | 25 | MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for default judgment 24 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration of Keith A. Vogt)(Vogt, Keith) (Entered: 01/13/2023) (Exhibit 2) (11) |
| Jan 13, 2023 | 25 | MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for default judgment 24 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration of Keith A. Vogt)(Vogt, Keith) (Entered: 01/13/2023) (Exhibit 1) (5) |
| Jan 13, 2023 | 26 | NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) (Entered: 01/13/2023) (2) |
| Jan 13, 2023 | 25 | MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for default judgment 24 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration of Keith A. Vogt)(Vogt, Keith) (Entered: 01/13/2023) (Main Document) (14) |
| Jan 13, 2023 | 24 | MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) (Entered: 01/13/2023) (2) |
| Dec 29, 2022 | 23 | 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. (tg, ) (Entered: 12/29/2022) (1) |
| Dec 19, 2022 | 22 | CERTIFICATE of Service by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. regarding text entry,, 21 (Vogt, Keith) (Entered: 12/19/2022) (1) |
| Dec 16, 2022 | 21 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 17 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 12/23/2022." Plaintiff must file proof of service of the Court's statement within two business days of service. Mailed notice (jk) (Entered: 12/16/2022) (1) |
| Dec 12, 2022 | 19 | SUMMONS Returned Executed by Wham-O Holding, Ltd., Intersport Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/12/2022, answer due 1/2/2023. (Attachments: # 1 Declaration of Service, Keith A. Vogt)(Vogt, Keith) (Entered: 12/12/2022) (Declaration of Service, Keith A. Vogt) (2) |
| Dec 12, 2022 | 18 | MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for preliminary injunction 17 (Attachments: # 1 Declaration of Keith A. Vogt, # 2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) (Entered: 12/12/2022) (Exhibit 1, Declaration of Keith Vogt) (14) |
| Dec 12, 2022 | 17 | MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for preliminary injunction (Vogt, Keith) (Entered: 12/12/2022) (2) |
| Dec 12, 2022 | 18 | MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for preliminary injunction 17 (Attachments: # 1 Declaration of Keith A. Vogt, # 2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) (Entered: 12/12/2022) (Declaration of Keith A. Vogt) (1) |
| Dec 12, 2022 | 19 | SUMMONS Returned Executed by Wham-O Holding, Ltd., Intersport Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/12/2022, answer due 1/2/2023. (Attachments: # 1 Declaration of Service, Keith A. Vogt)(Vogt, Keith) (Entered: 12/12/2022) (Main Document) (2) |
| Dec 12, 2022 | 20 | SURETY BOND in the amount of $ 10,000 posted by Intersport Corp., Wham-O Holding, Ltd. (jh, ) (Entered: 12/14/2022) (1) |
| Dec 12, 2022 | 18 | MEMORANDUM by Intersport Corp., Wham-O Holding, Ltd. in support of motion for preliminary injunction 17 (Attachments: # 1 Declaration of Keith A. Vogt, # 2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) (Entered: 12/12/2022) (Main Document) (6) |
| Dec 5, 2022 | 15 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 10 , motion for leave to file excess pages 11 , and ex parte motion for a temporary restraining order and other relief 12 are granted in part. Plaintiff's submissions (including the Declaration of Todd Richards (Dkt. 13 )) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 10 , 11 , and 12 . The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to Defendants. As this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ef, ) (Entered: 12/05/2022) (2) |
| Dec 5, 2022 | 16 | TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 12/5/2022. Mailed notice (ef, ) Modified on 1/18/2023 (ph, ). (Entered: 12/05/2022) (8) |
| Sep 16, 2022 | 13 | MEMORANDUM in support of 12 Exparte motion (Attachments: # 1 Declaration of Keith A. Vogt, # 2 Exhibit 1-4, of Keith A. Vogt's declaration, # 3 Declaration of Todd Richards, # 4 Exhibit 1, of Todd Richard's declaration)(Vogt, Keith) (Entered: 09/16/2022) (Main Document) (30) |
| Sep 16, 2022 | 13 | MEMORANDUM in support of 12 Exparte motion (Attachments: # 1 Declaration of Keith A. Vogt, # 2 Exhibit 1-4, of Keith A. Vogt's declaration, # 3 Declaration of Todd Richards, # 4 Exhibit 1, of Todd Richard's declaration)(Vogt, Keith) (Entered: 09/16/2022) (Exhibit 1, of Todd Richard's declaration) (2) |
| Sep 16, 2022 | 13 | MEMORANDUM in support of 12 Exparte motion (Attachments: # 1 Declaration of Keith A. Vogt, # 2 Exhibit 1-4, of Keith A. Vogt's declaration, # 3 Declaration of Todd Richards, # 4 Exhibit 1, of Todd Richard's declaration)(Vogt, Keith) (Entered: 09/16/2022) (Declaration of Todd Richards) (8) |
| Sep 16, 2022 | 13 | MEMORANDUM in support of 12 Exparte motion (Attachments: # 1 Declaration of Keith A. Vogt, # 2 Exhibit 1-4, of Keith A. Vogt's declaration, # 3 Declaration of Todd Richards, # 4 Exhibit 1, of Todd Richard's declaration)(Vogt, Keith) (Entered: 09/16/2022) (Exhibit 1-4, of Keith A. Vogt's declaration) (30) |
| Sep 16, 2022 | 13 | MEMORANDUM in support of 12 Exparte motion (Attachments: # 1 Declaration of Keith A. Vogt, # 2 Exhibit 1-4, of Keith A. Vogt's declaration, # 3 Declaration of Todd Richards, # 4 Exhibit 1, of Todd Richard's declaration)(Vogt, Keith) (Entered: 09/16/2022) (Declaration of Keith A. Vogt) (4) |
| Sep 16, 2022 | 8 | MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: # 1 (List of Trademarks Exhibit 1))(ph, ) (Entered: 09/16/2022) ((List of Trademarks Exhibit 1)) (2) |
| Sep 16, 2022 | 14 | SEALED EXHIBIT by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. Sealed Exhibit 2, Declaration of Todd Richards regarding memorandum in support of motion, 13 (Attachments: # 1 Exhibit 2-1)(Vogt, Keith) (Entered: 09/16/2022) (Exhibit 2-1) (30) |
| Sep 16, 2022 | 14 | SEALED EXHIBIT by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. Sealed Exhibit 2, Declaration of Todd Richards regarding memorandum in support of motion, 13 (Attachments: # 1 Exhibit 2-1)(Vogt, Keith) (Entered: 09/16/2022) (Main Document) (1) |
| Sep 16, 2022 | 8 | MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: # 1 (List of Trademarks Exhibit 1))(ph, ) (Entered: 09/16/2022) (Main Document) (1) |
| Sep 16, 2022 | 11 | MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for leave to file excess pages (Vogt, Keith) (Entered: 09/16/2022) (2) |
| Sep 16, 2022 | 10 | MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for leave to file under seal (Vogt, Keith) (Entered: 09/16/2022) (2) |
| Sep 16, 2022 | 9 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (ph, ) (Entered: 09/16/2022) (10) |
| Sep 15, 2022 | 1 | COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-19843282. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Vogt, Keith) (Entered: 09/15/2022) (Exhibit 3) (3) |
| Sep 15, 2022 | N/A | 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. (dxb, ) (Entered: 09/15/2022) (0) |
| Sep 15, 2022 | N/A | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (dxb, ) (Entered: 09/15/2022) (0) |
| Sep 15, 2022 | 7 | ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman (Grodman, Adam) (Entered: 09/15/2022) (1) |
| Sep 15, 2022 | 6 | ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu (Bu, Yi) (Entered: 09/15/2022) (1) |
| Sep 15, 2022 | 5 | ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang (Jiang, Yanling) (Entered: 09/15/2022) (1) |
| Sep 15, 2022 | 4 | ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt (Vogt, Keith) (Entered: 09/15/2022) (1) |
| Sep 15, 2022 | 3 | CIVIL Cover Sheet (Vogt, Keith) (Entered: 09/15/2022) (1) |
| Sep 15, 2022 | 2 | SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint (1) (Vogt, Keith) (Entered: 09/15/2022) (0) |
| Sep 15, 2022 | 1 | COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-19843282. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Vogt, Keith) (Entered: 09/15/2022) (Exhibit 1) (2) |
| Sep 15, 2022 | 1 | COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-19843282. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Vogt, Keith) (Entered: 09/15/2022) (Exhibit 2) (28) |
| Sep 15, 2022 | 1 | COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-19843282. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Vogt, Keith) (Entered: 09/15/2022) (Exhibit 4) (20) |
| Sep 15, 2022 | 1 | COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-19843282. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Vogt, Keith) (Entered: 09/15/2022) (Main Document) (19) |
