ORDER GRANTING PLAINTIFF'S MOTION FOR RELEASE OF CASH BOND Signed by the Honorable Edmond E. Chang on 1/21/2025: Plaintiff's motion for order releasing cash bond 40 is granted. Emailed notice

MOTION by Plaintiffs Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O for release of bond obligation PLAINTIFF'S MOTION FOR RELEASE OF CASH BOND

附件：

1:(Text of Proposed Order)

MAILED Trademark report with certified copy of minute order dated 1/17/2025 to Patent Trademark Office, Alexandria VA

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice. Status hearing of 01/31/2025 is vacated. Civil case terminated. Emailed notice

NOTICE of Voluntary Dismissal by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O in its Entirety

NOTICE of Voluntary Dismissal by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O as to Certain Defendants

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 01/13/2025. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the same circumstances that justified entry of the TRO, the motion for preliminary injunction 30 is granted. Given the answer deadline of 01/17/2025, R. 28, the tracking status hearing of 01/17/2025 is reset to 01/31/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, any Defendant that does not answer on time shall be deemed to be in default, and the Plaintiff shall file a motion for default judgment in a sum certain by 01/24/2025. For any Defendants that do answer, the parties shall file a joint initial status report on 01/24/2025. Emailed notice

STATUS Report by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O

NOTICE of Motion by Matthew A. Werber for presentment of motion for preliminary injunction 30 before Honorable Edmond E. Chang on 1/15/2025 at 08:30 AM.

MEMORANDUM by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O in support of motion for preliminary injunction 30

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1:(Unpublished order)

MOTION by Plaintiffs Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O for preliminary injunction

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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

SUMMONS Returned Executed by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O as to THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN AMENDED SCHEDULE A HERETO on 12/27/2024, answer due 1/17/2025.

SUMMONS Issued as to Defendant THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN AMENDED SCHEDULE A HERETO

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts and circumstances that justified entry of the initial TRO, the extension motion 25 on the TRO is granted through 01/15/2025. The tracking status hearing of 12/27/2024 is reset to 01/17/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 01/10/2025, or else the Plaintiff shall file the report if no Defendant has appeared. Also, the Plaintiff shall file a preliminary injunction motion if appropriate by 01/10/2025. Emailed notice

NOTICE of Motion by Matthew A. Werber for presentment of motion for miscellaneous relief 25 before Honorable Edmond E. Chang on 1/7/2025 at 08:30 AM.

MOTION by Plaintiffs Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O PLAINTIFF'S MOTION TO EXTEND TEMPORARY RESTRAINING ORDER

BOND in the amount of $ 10,000 check, Receipt No. 100014557, posted by Wham-O Holding, LTD.

REGISTRY Deposit Information form by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O. (Received at the Intake Counter on 12/23/2024). (jn,)

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 12/18/2024. Emailed notice

ATTORNEY Appearance for Plaintiffs Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O by Peter Krusiewicz

SEALED Temporary Restraining Order Signed by the Honorable Edmond E. Chang on 12/18/2024. Mailed notice

MINUTE entry before the Honorable Edmond E. Chang: (1.) The Plaintiff's motion 14 to file under seal is granted in light of the goal of asset restraint. The joinder inquiry is satisfied by the Defendants' use of the same relatively unique advertising image and the same unique string and combination of words for advertising text. (2.) The Plaintiff's motion 16 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. (3.) By 12/27/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion 18 for electronic service of process is granted. The tracking status hearing of 12/20/2024 is reset to 12/27/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion), if appropriate, no later than 12/23/2024. Mailed notice

NOTICE of Motion by Matthew A. Werber for presentment of motion for temporary restraining order 16, motion for miscellaneous relief 18, motion to seal document 14 before Honorable Edmond E. Chang on 12/19/2024 at 08:30 AM.

MOTION by Plaintiffs Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O - electronic service of process -

附件：

1:(Ex. B.)
2:Ex. A
3:Werber Decl.

MEMORANDUM by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O in support of motion for temporary restraining order 16

附件：

1:(Unpublished)
2:Declaration Werber Decl
3:Declaration Rios Decl

MOTION by Plaintiffs Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O for temporary restraining order

MINUTE entry before the Honorable Edmond E. Chang: Set/reset hearings The tracking status hearing of 12/13/2024 is reset to 12/20/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MOTION by Plaintiffs Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O to seal document exhibit, 13, exhibit 11

SEALED EXHIBIT by Plaintiffs Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O --EXHIBITS 1 and 2 to Werber Declaration-- regarding memorandum 12

附件：

1:(Ex. 2 - Screenshots)
2:Ex. 1 - Comparison Chart

MEMORANDUM by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O in support of Joinder

附件：

1:(Declaration Werber Decl. and Ex. 3)

SEALED EXHIBIT by Plaintiffs Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O AMENDED SCHEDULE A regarding amended complaint, 10

FIRST AMENDED complaint by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O against THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN AMENDED SCHEDULE A HERETO and terminating The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto

附件：

1:(Exhibit DHS)
2:Exhibit IP Rights
3:Exhibit CPB
4:Exhibit Trademarks

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff filed neither the supplemental joinder memorandum nor an amended complaint, as required by the order of 11/08/2024. If the Plaintiff fails to comply with the order of 11/08/2024 by 12/03/2024, then the case will be dismissed ***with prejudice*** as to ***all*** defendants. The tracking status hearing of 11/29/2024 is reset to 12/13/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: (1.) The motion 4 to seal is granted in light of the goal of asset restraint. (2.) But on review of the complaint and Schedule A, brief, the Court raises the propriety of joinder of the 211 Defendants. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020), and file a supplemental memorandum addressing the propriety of joinder by 11/18/2024. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. The tracking status hearing of 11/15/2024 is reset to 11/29/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

STATUS Report by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O

MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 11/15/2024 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 11/06/2024. Plaintiffs must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiffs must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice

附件：

1:(Status Report Requirements)

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.

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2).

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O

MOTION by Plaintiffs Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O to seal document exhibit 3

SEALED EXHIBIT by Plaintiffs Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O SCHEDULE A regarding complaint, 1

CIVIL Cover Sheet

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.

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2).

COMPLAINT filed by Wham-O Holding, LTD, Intersport Corp. d/b/a Wham-O; Filing fee $ 405, receipt number AILNDC-22653890.

附件：

1:(Exhibit DHS)
2:Exhibit IP Rights
3:Exhibit TM Reg Certificates
4:Exhibit CPB