最近更新：2024-12-25
2022-cv-01352
| 日期 | 描述 |
|---|---|
| 04/29/2022 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. 附件： 1:(Closing Minute Entry dated 4/26/2022) |
| 04/26/2022 | ENTERED JUDGMENT Signed by the courtroom deputy on 04/26/2022. Emailed notice |
| 04/26/2022 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 04/26/2022. Emailed notice |
| 04/26/2022 | MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment 26 is granted in the amount of $15,000 against each separate Defendant. Given the establishment of willfulness pursuant to the default, a permanent injunction shall issue. A separate AO-450 judgment shall be entered. The tracking status hearing of 05/06/2022 is vacated. Civil case terminated. Emailed notice |
| 04/21/2022 | MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for default judgment 26 附件： 1:Exhibit 1 2:Exhibit 2 3:(Declaration of Keith A. Vogt) |
| 04/21/2022 | 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 |
| 04/11/2022 | STATUS Report Initial Status Report by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. |
| 04/01/2022 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 4/1/2022:On review of the Plaintiffs' motion for preliminary injunction 21, the motion is granted in light of the continued applicability of the facts that justified entry of the TRO. Given the answer deadline of 04/20/2022, the tracking status hearing of 04/15/2022 is reset to 05/06/2022 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 04/27/2022. If the Defendants do not answer by the 04/20/2022 deadline, then they are deemed to be in default on 04/21/2022 and the Plaintiffs shall file a motion for default judgment on 04/27/2022. Emailed notice |
| 03/30/2022 | 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 3/30/2022, answer due 4/20/2022. 附件： 1:(Declaration of Service) |
| 03/30/2022 | MEMORANDUM by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. in support of motion for preliminary injunction 21 附件： 1:Declaration of Keith A. Vogt 2:(Exhibit 1, Declaration of Keith A. Vogt) |
| 03/30/2022 | MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for preliminary injunction |
| 03/28/2022 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified the entry of the initial TRO, the Plaintiffs' extension motion [19] is granted. The TRO is extended through 04/15/2022. The tracking status hearing of 04/01/2022 is reset to 04/15/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the motion for preliminary injunction (if appropriate) by 04/11/2022, and also shall file a status report by 04/11/2022. Emailed notice |
| 03/24/2022 | MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for extension of time for Temporary Restraining Order |
| 03/21/2022 | SURETY BOND in the amount of $ 10,000 posted by Wham-O Holding LTD. and Intersport Corp. (Document not scanned) |
| 03/18/2022 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 03/18/2022 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jk2,) |
| 03/18/2022 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/18/2022. Emailed notice |
| 03/18/2022 | PUBLIC SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/18/2022. Emailed notice |
| 03/18/2022 | MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion 11 for temporary restraining order and other relief is granted, although the Court expresses some doubt as explained in the order. 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 Defendant 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 Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 9 for leave to file under seal is granted in light of the asset-restraint goal. The Plaintiff's motion 10 to use extra pages is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 04/01/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion), if appropriate, no later than 03/25/2022. Emailed notice |
| 03/15/2022 | SEALED EXHIBIT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Sealed Exhibit 2, Declaration of Todd Richards regarding memorandum in support of motion 12 |
| 03/15/2022 | MEMORANDUM In Support of 11 Ex Parte Motion 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, Declaration of Keith Vogt 3:Declaration of Todd Richards 4:(Exhibit 1, Declaration of Todd Richards) |
| 03/15/2022 | MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file excess pages |
| 03/15/2022 | MOTION by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. for leave to file [Certain] Documents Under Seal |
| 03/15/2022 | SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. [Amended] Schedule A to Complaint 1 |
| 03/15/2022 | 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. |
| 03/15/2022 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. |
| 03/15/2022 | ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Adam Grodman |
| 03/15/2022 | ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yi Bu |
| 03/15/2022 | ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Yanling Jiang |
| 03/15/2022 | ATTORNEY Appearance for Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. by Keith A. Vogt |
| 03/15/2022 | CIVIL Cover Sheet |
| 03/15/2022 | SEALED DOCUMENT by Plaintiffs Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. Schedule A to Complaint 1 |
| 03/15/2022 | COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 402, receipt number 0752-19246759. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
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