2024-cv-07572

COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 405, receipt number AILNDC-22390529.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff KTM AG by Michael A. Hierl

ATTORNEY Appearance for Plaintiff KTM AG by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff KTM AG by John Wilson

MOTION by Plaintiff KTM AG to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff KTM AG Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by KTM AG

CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2).

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.

MOTION by Plaintiff KTM AG for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff KTM AG 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

MEMORANDUM by KTM AG in support of motion for temporary restraining order, 11

Declaration Trunkenpolz-Sigl Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 1 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 2 of Trunkenpolz-Sigl Declaration

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 9/3/2024 at 9:30 AM. Mailed notice /

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 3 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 4 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 5 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 6 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 7 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 8 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 9 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 10 of Trunkenpolz-Sigl Declaration

SEALED DOCUMENT by Plaintiff KTM AG Exhibit 2 Part 11 of Trunkenpolz-Sigl Declaration

Notice of Claims Involving Trademarks by KTM AG

NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document 7, motion for temporary restraining order, 11, motion for leave to file excess pages 10 before Honorable Virginia M. Kendall on 8/27/2024 at 09:30 AM.

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 8/27/2024 is stricken. Motion hearing set for 9/3/2024 at 9:30 AM stands. Mailed notice

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions for leave to file under seal 7 and for leave to file excess pages 10 are granted. Plaintiff's Motion for Temporary Restraining Order 11 is granted. Temporary Restraining Order shall remain in effect up to and including 9/6/2024. Sealed Order to follow. Status hearing set for 9/5/2024 at 9:30 AM. Mailed notice

SEALED Temporary Restraining Order signed by the Honorable Virginia M. Kendall on 8/23/2024. Mailed notice

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

INJUNCTION BOND in the amount of $ 10,000.00 posted by KTM AG. (Document not scanned).

MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order Nunc Pro Tunc from September 6, 2024

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 33 before Honorable Virginia M. Kendall on 9/9/2024 at 09:00 AM.

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order Nunc Pro Tunc from September 6, 2024 33 is granted. Temporary Restraining Order shall remain in effect up to and including 9/20/2024. Status hearing set for 10/7/2024 at 9:30 AM. If a Status hearing is requested prior to 10/3/2024, Parties shall contact the emergency duty Judge. Mailed notice

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 9/5/2024 and Motion hearing set for 9/9/2024 are stricken. Mailed notice

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

MOTION by Plaintiff KTM AG for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

Exhibit 1

(Exhibit 2)

MOTION by Plaintiff KTM AG for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-90 and 99-198

MEMORANDUM by KTM AG in support of motion for preliminary injunction 38

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 38

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 38, extension of time 37 before Honorable Virginia M. Kendall on 9/24/2024 at 09:30 AM.

SUMMONS Returned Executed by KTM AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/17/2024, answer due 10/8/2024.

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to extend the Temporary Restraining Order as to Defendants 91-98 37 is granted. Temporary Restraining Order shall remain in effect up to and including 10/4/2024 as to Defendants 91-98. Motion hearing set for 9/24/2024 is stricken for both Motion for extension and Motion for Preliminary Injunction 38. Motion hearing regarding Motion for Preliminary Injunction 38 is reset for 10/7/2024 at 9:30 AM. Mailed notice

MINUTE entry before the Honorable Virginia M. Kendall. Status and Motion hearing held on 10/7/2024. Plaintiff's Motion for Preliminary Injunction 38 is granted. Order to follow. Status hearing set for 11/14/2024 at 9:30 AM. Mailed notice

PRELIMINARY Injunction Order Against Defendant Nos 1-90 and 99-198 signed by the Honorable Virginia M. Kendall on 10/7/2024. Mailed notice

SUMMONS Returned Executed by KTM AG as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 11/14/2024, answer due 12/5/2024.

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 11/14/2024 and continued for 12/12/2024 at 9:30 AM. Mailed notice

REVISED Preliminary Injunction Order against Defendants identified in Schedule A signed by the Honorable Virginia M. Kendall on 11/14/2024. Mailed notice

MOTION by Plaintiff KTM AG for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by KTM AG in support of motion for default judgment 49

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 49

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 49 before Honorable Virginia M. Kendall on 12/12/2024 at 09:30 AM.

MINUTE entry before the Honorable Virginia M. Kendall. Status and Motion hearing held on 12/12/2024. Plaintiff's Motion for entry of Default and Default Judgment against Defendants Identified on Amended Schedule A 49 is granted. Enter Order of Default as to Defendants Identified on Amended Schedule A. Final Judgment Order to follow. Mailed notice

FINAL Judgment Order signed by the Honorable Virginia M. Kendall on 12/12/2024. Civil case terminated. Mailed notice

MAILED trademark report with certified copy of minute order dated 12/12/24 to Patent Trademark Office, Alexandria VA