2021-cv-02530 AI分析
12/19/2022
CITATION to Discover Assets issued as to ContextLogic, Inc., EBAY Inc., and Amazon.com, Inc. (third party, no notices filed). 翻译
08/17/2021
MAILED trademark report report with certified copy of minute order dated 07/27/21 to Patent Trademark Office, Alexandria VA. 翻译
附件：
1:Certified Minute Order
07/29/2021
MAILED original ten-thousand-dollar ($10,000) surety bond posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Keith A. Vogt of Keith Vogt, Ltd., 111 West Jackson Boulevard, Suite 1700, Chicago, IL 60604 via certified mail # 7019 2280 0000 0963 1828. 翻译
07/27/2021
FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 7/27/2021. The ten-thousand-dollar ($10,000) surety bond [24] posted by Intersport Corp. d/b/a Wham-O, 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., 111 West Jackson Boulevard, Suite 1700, Chicago, IL 60604 via certified mail. Mailed notice 翻译
07/27/2021
ORDER signed by the Honorable John F. Kness on 7/27/2021. Enter separate judgment order. Civil case terminated. Mailed notice 翻译
07/26/2021
ATTORNEY Appearance for Defendants TaiyuanshiXinghualingquHuanlianriyongbaihuodian, ewead85-8, game.center, sppslot, sunt498, tudoustore, wmsa6117, yakesis by Adam Edward Urbanczyk 翻译
07/13/2021
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 29 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 07/22/2021. 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 two business days of its entry on the docket. Mailed notice 翻译
07/12/2021
Proposed Briefing Schedule STATEMENT by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. 翻译
07/12/2021
MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment 29 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Declaration of Keith A. Vogt
07/12/2021
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 翻译
07/11/2021
NEW PARTIES: BERTY, BSGSH-US, CIKILO, CoasT Store, DaolooXu, Dongguanshiwanjidianzishangwuyouxiangongsi2, duaifuzhuangdian, EleCloud-US, GMRZD, Gollo, haikousenyang, hewotour, Hnewlan, jilinjujintouzi, jinmao, Joyce_, KEEPOO, lanshanqusuhebeijieyudongyuemiaojiejiaohuibei50mil, LClhhybtiick, Li Jialiang, Lovely Yuki, MAE ELEGANT, NUOHENG US, OUSHIBU USA, pinng, QING&TIAN, RiserPro, ShenDU, silaikeshangmao, sindax, TaiyuanshiXinghualingquHuanlianriyongbaihuodian, Tanwpn, TC-SUNTRON, Tendifast, tengdagongsi, TOP-001, TQGM, Weal Co.,Ltd, WuDianZi Shop, Xiakolaka, XIU QIN, YCFDC, Yddsky, yldisdh, zhuanmeidaowangluokejiyouxiangongsi and zyzy4baby added to case caption. 翻译
07/11/2021
NEW PARTIES: specificeye, sppslot, sunt498, timetotie, tsbuynow, tudoustore, untilyou, waitmore, wmsa6117, wuhinwuhou, yakesis, zhixdi29, Aanshanhi Gifts, Abreup, Admin store, bingolee, catsmemory, CHAO1993linlin, chenlihong22, czyouth0505, discountsd, dreamcome89, explosion creative, GGolddigger, guangdongshengshenzhenshihuanxinkejiyouxiangongsi, GXfacai, havecutecup, Hong Hua Shop, hongfangyi, Hyman, jingjing52, jinxiaozhu, kanglujie2452486, kuangxueguo2582, KVDYSJ, lijinfang5986, mfbaksjnbdnx, qodehofyv, quanzhoujintianshangmaoyouxiangongsi, rabbit dream shop, Remoted3, SongZi L, tengguixiang, theweytjpt, tianyunsheng, UNBELIEVELIBLE1, wangxinyue123, weixindianzi, wuwuranhuaqishen, wuzhihua036, XiaoBIBI, xtd clothes, Y OPLM, young sllxg, YUCA84699ABC, YXP DUCK, zhuwenhui66058, AIasijia, amzydh and Aoqi Technology added to case caption. 翻译
07/09/2021
NEW PARTIES: Hengshui Fang Ao Trading Co., Ltd., Ningbo Baiji I&E Co., Ltd., amirbuysell, axelaccessories, best4choose, bingsee, blindelody, Brise32, co-store247, dqfi3869, eva-trades, ewead85-8, feelslike, gadgetzone-de, game.center, hotsale0, jinghaoshop, longquan_6688, majestic-city, memorypen01, men_women, mhestore2009, mylandusa, naliperer_1, nteasyshop4you, pandacars2012, prapremat_0 and shoppingforjoy added to case caption. 翻译
07/06/2021
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/6/2021. Mailed notice 翻译
07/06/2021
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 20 is granted. Plaintiff's filings establish that Plaintiff 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 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, despite the Court having provided 23 the opportunity to do, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice 翻译
06/21/2021
SURETY BOND in the amount of $ 10,000 posted by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. (Document not scanned) 翻译
06/18/2021
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion (Dkt. 20) for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 06/24/2021." For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice 翻译
06/17/2021
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 6/17/2021, answer due 7/8/2021. 翻译
附件：
1:Declaration of Service
06/17/2021
MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction 20 翻译
附件：
1:Declaration of Keith A. Vogt
2:Exhibit 1, Declaration of Keith Vogt
06/17/2021
MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for preliminary injunction 翻译
06/11/2021
ORDER on Motion for Extension of Temporary Restraining Order. Signed by the Honorable John F. Kness on 6/11/2021. (ma,) 翻译
06/11/2021
MINUTE entry before the Honorable John F. Kness: Plaintiffs' motion to extend the temporary restraining order 17 is granted. Mailed notice (ma,) 翻译
06/09/2021
MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for extension of time for Temporary Restraining Order 翻译
06/02/2021
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" 翻译
06/01/2021
TEMPORARY Restraining Order. Signed by the Honorable John F. Kness on 6/1/2021. Modified on 7/12/2021. 翻译
06/01/2021
MINUTE entry before the Honorable John F. Kness: Plaintiffs' motions for leave to file under seal 8 and for leave to file excess pages 9, and their ex parte motion for a temporary restraining order and other relief 10, are granted in part. Plaintiff's submissions [including the Declarations of Keith Vogt and Todd Richards] 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 2 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 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 other judges in this District 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 翻译
05/12/2021
EXHIBITS by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Sealed Exhibit 2 to the Declaration of Todd Richards regarding memorandum in support of motion 11 Modified on 7/12/2021. 翻译
附件：
1:Exhibit 2, Part 1
2:Exhibit 2, Part 2
3:Exhibit 2, Part 3
4:Exhibit 2, Part 4
5:Exhibit 2, Part 5
05/12/2021
MEMORANDUM In Support of 10 Ex Parte Motion 翻译
附件：
1:Declaration of Keith A. Vogt
2:Exhibit 1-5, Declaration of Keith Vogt
3:Declaration of Todd Richards
4:Exhibit 1, Declaration of Todd Richards
05/12/2021
MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file excess pages 翻译
05/12/2021
MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file [Certain] Documents Under Seal 翻译
05/11/2021
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. 翻译
05/11/2021
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman 翻译
05/11/2021
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu 翻译
05/11/2021
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang 翻译
05/11/2021
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt 翻译
05/11/2021
SCHEDULE A to Complaint by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint 1 Modified on 7/12/2021. 翻译
05/11/2021
COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number 0752-18231803. 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
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