Intersport Corp. d/b/a WHAM-O v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
NEW PARTIES: vvqstore, DaHoCo, BLUPARK and Bay Half added to case caption.
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2025/08/28
PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 8/28/2025. Mailed notice.
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2025/08/28
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 8/28/2025. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [33] is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Plaintiff's Amended Complaint [Dkt No. 17], Amended Schedule A to the Amended Complaint [Dkt No. 18], Exhibit 2 to the Declaration of Kurt Rios [Dkt No. 22], and the TRO [Dkt. No. 27]. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 9/26/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
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2025/08/22
CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Intersport Corp.
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2025/08/22
SUMMONS Returned Executed by Intersport Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 8/22/2025, answer due 9/12/2025.
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2025/08/22
MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 33 is set for 8/28/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
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2025/08/22
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 33
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2025/08/22
MEMORANDUM by Intersport Corp. in support of motion for preliminary injunction 33
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2025/08/22
MOTION by Plaintiff Intersport Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
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2025/08/18
SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
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2025/08/11
MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the Temporary Restraining Order 29 is granted. The TRO is extended for a period of fourteen (14) days to and including 8/28/2025. Mailed notice.
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2025/08/11
MOTION by Plaintiff Intersport Corp. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order
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2025/08/06
SURETY BOND in the amount of $ 4,000 posted by Intersport Corp. Document not imaged.
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2025/07/31
SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 7/31/2025. Mailed notice.
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2025/07/22
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion to exceed page limitation 19 is granted. Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication 20 is granted in part and denied in part. The motion for entry of a temporary restraining order is granted as to Defendants Nos. 25 and denied as to Defendant No. 1 (as listed in 23). A review of Defendant No.1's listing as of today shows no use of the Frisbee mark. The screenshot evidence submitted at [22-1], showing the inclusion of the mark in the description of the product, is dated January 23, 2023 and thus does not support the entry of a TRO enjoining the ongoing use of what is presently a non-infringing listing to sell a non-infringing product. The motion for a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication is granted as to all Defendants. Plaintiff shall submit a revised proposed order consistent with this ruling to the Court's Proposed Order Inbox. Mailed notice.
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2025/07/17
MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Here, "sold" means that the defendant accepted an order and payment for an allegedly infringing product to be shipped to Illinois. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice.
SEALED DOCUMENT by Plaintiff Intersport Corp. d/b/a WHAM-O McMurray Declaration
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2025/07/17
SEALED DOCUMENT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 to Rios Declaration
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2025/07/17
MEMORANDUM by Intersport Corp. d/b/a WHAM-O in support of motion for temporary restraining order, 20
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2025/07/17
MOTION by Plaintiff Intersport Corp. d/b/a WHAM-O for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
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2025/07/17
MOTION by Plaintiff Intersport Corp. d/b/a WHAM-O for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
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2025/07/17
SEALED DOCUMENT by Plaintiff Intersport Corp. d/b/a WHAM-O Amended Schedule A
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2025/07/17
AMENDED complaint by Intersport Corp. d/b/a WHAM-O against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
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2025/06/30
MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 7/21/2025, unless plaintiff files a motion before then. Mailed notice.
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2025/06/27
STATUS Report by Intersport Corp. d/b/a WHAM-O
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2025/05/30
MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 6/30/2025. Mailed notice.
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2025/04/23
MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
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2025/04/23
MAILED trademark report to Patent Trademark Office, Alexandria VA.
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2025/04/22
MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal 7 is granted. Mailed notice.
2025/04/22
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.
2025/04/22
CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2).
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2025/04/22
Notice of Claims Involving Trademarks by Intersport Corp. d/b/a WHAM-O
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2025/04/22
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Intersport Corp. d/b/a WHAM-O
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2025/04/22
SEALED DOCUMENT by Plaintiff Intersport Corp. d/b/a WHAM-O Sealed Schedule A
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2025/04/22
MOTION by Plaintiff Intersport Corp. d/b/a WHAM-O to seal document Plaintiff's Motion for Leave to File Under Seal
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2025/04/22
ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a WHAM-O by John Wilson
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2025/04/22
ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a WHAM-O by Robert Payton Mcmurray
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2025/04/22
ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a WHAM-O by William Benjamin Kalbac
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2025/04/22
ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a WHAM-O by Michael A. Hierl
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2025/04/22
CIVIL Cover Sheet
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2025/04/22
COMPLAINT filed by Intersport Corp. d/b/a WHAM-O; Jury Demand. Filing fee $ 405, receipt number AILNDC-23380441.