2023-cv-04119 AI分析
01/11/2024
MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held on 1/11/2024 via WebEx on Plaintiff's motion for default and default judgment 29. Defendant has not appeared or filed any response to the motion. As stated on the record, the Court enters default against the Defendant under Fed. R. Civ. P. 55(a) for failure to appear or answer. Plaintiff's motion is granted, and judgment is entered in favor of the Plaintiff and against the Defendant in the amount of $30,000 statutory damages. Enter final judgment order. Civil case terminated. 翻译
12/28/2023
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 12/28/2023: Mailed notice. 翻译
12/14/2023
CERTIFICATE of Service by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. regarding set/reset hearings, [31] 翻译
12/14/2023
MINUTE entry before the Honorable Nancy L. Maldonado:The Court is in receipt of Plaintiff's motion for default judgment [29]. A default judgment hearing is set for 01/11/24 at 10:00 a.m. by Webex video conference, at which time Plaintiff should be prepared to address the support for an award of $50,000 in statutory damages. The dial in number for the public is 650-479-3207; Access code: 23029293509. The parties will receive a WebEx invitation by email. Defendant shall have until 01/10/24 to file any appearance or objection to the motion for default judgment. Defendant's failure to appear at the hearing will result in the entry of default judgment against Defendant. Plaintiff is instructed to promptly serve their motion for default judgment and a copy of this order on Defendant via electronic service and to file a certificate of service indicating they have done so. 翻译
12/13/2023
MEMORANDUM by Intersport Corp., 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
4:Declaration of Todd Richards
5:Exhibit 1, Declaration of Todd Richards
12/13/2023
MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for default judgment as to The Defendants Identified In Amended Schedule A 翻译
10/17/2023
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 10/17/2023. 翻译
10/17/2023
MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held on 10/17/2023 via WebEx video conference on Plaintiff's motion for preliminary injunction [20]. No defendant appeared or objected to the motion. Plaintiff's motion for preliminary injunction [20] is therefore granted as unopposed. Enter preliminary injunction order. The Clerk is requested to unseal the Amended Schedule A to the Complaint [11], Plaintiffs' motion for a temporary restraining order, [14], Exhibit 2 to the Declaration of Todd Richards [16], and the Sealed TRO [19]. Plaintiff's counsel is directed to ensure that the defendant listed on the Amended Schedule A is added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. 翻译
10/16/2023
MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for preliminary injunction [20] is reset for 10/17/2023 at 11:00 a.m. via WebEx video conference (Time change only). The dial-in number for the public is 650-479-3207; access code: 23144600814. Plaintiff shall serve Defendants with a copy of this order. 翻译
10/11/2023
CERTIFICATE of Service by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. regarding set/reset hearings, [23] 翻译
10/11/2023
MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for preliminary injunction [20] is set for hearing on 10/17/2023 at 10:00 a.m. via WebEx video conference. The dial-in number for the public is 650-479-3207; access code: 23144600814. Plaintiff shall serve Defendants with a copy of this order and file a certificate of service on the docket confirming that it has served a copy of its motion and this minute order on all Defendants. If no Defendants appear or otherwise object to the motion, it may be granted as unopposed. 翻译
10/09/2023
SUMMONS Returned Executed by Wham-O Holding, Ltd., Intersport Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/9/2023, answer due 10/30/2023. 翻译
附件：
1:Declaration of Service
10/09/2023
MEMORANDUM by Intersport Corp., 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, of Keith A. Vogt's declaration
10/09/2023
MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for preliminary injunction 翻译
10/06/2023
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mek,) 翻译
10/06/2023
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 10/6/2023. Mailed notice. 翻译
10/06/2023
MINUTE entry before the Honorable Nancy L. Maldonado:The Court grants Plaintiff's motion for leave to file under seal 12. Plaintiff may file its Schedule A 2 and Amended Schedule A 11 lists of defendants and Exhibit 2 to the Declaration of Todd Richards 16 under seal. Plaintiff's motion for leave to file excess pages is also granted 13 and Plaintiff may file a brief in support of its motion for a temporary restraining order (TRO) that exceeds 15-pages. For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the TRO, Plaintiff's motions for electronic service of process and for a TRO, including a temporary injunction, a temporary asset restraint, and expedited discovery 14, are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 the individuals and entities operating Defendant online seller, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and a sale into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. 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 Defendant. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. In light of the Supreme Court's recent holding in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. 412 (2023) that §1114(1)(a) and §1125(a)(1) of the Lanham Act do not have extraterritorial application, Plaintiff should attempt to seek discovery that identifies where Defendant used Plaintiff's marks in commerce. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. 翻译
09/22/2023
MINUTE entry before the Honorable Nancy L. Maldonado: The Court has received Plaintiff's motion for a temporary restraining order 14 but has not received a proposed order from Plaintiff. By 9/29/23, Plaintiff shall provide a proposed TRO via email to Proposed_Order_Maldonado@ilnd.uscourts.gov. 翻译
06/29/2023
SEALED EXHIBIT by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. Sealed Exhibit 2, Declaration of Todd Richards regarding memorandum in support of motion, 15 翻译
附件：
1:(Exhibit 2-1)
06/29/2023
MEMORANDUM in support of 14 Exparte motion 翻译
附件：
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 Richards declaration)
06/29/2023
MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for leave to file excess pages 翻译
06/29/2023
MOTION by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. for leave to file under seal 翻译
06/29/2023
SEALED DOCUMENT by Plaintiffs Intersport Corp., Wham-O Holding, Ltd. [Amended] Schedule A to Complaint (1) and Schedule A to Complaint (2) 翻译
06/28/2023
MAILED Trademark report to Patent Trademark Office, Alexandria VA 翻译
附件：
1:(List of Trademark Exhibits)
06/27/2023
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. 翻译
06/27/2023
CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. 翻译
06/27/2023
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Cameron Eugene Mcintyre 翻译
06/27/2023
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman 翻译
06/27/2023
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu 翻译
06/27/2023
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang 翻译
06/27/2023
ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt 翻译
06/27/2023
SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint (1) 翻译
06/27/2023
COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number AILNDC-20776265. 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
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