2025-cv-06575

COMPLAINT filed by Intersport Corp. d/b/a WHAM-O; Jury Demand. Filing fee $ 405, receipt number AILNDC-23620182.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a WHAM-O by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a WHAM-O by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a WHAM-O by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a WHAM-O by John Wilson

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a WHAM-O by Elizabeth Aubree Miller

MOTION by Plaintiff Intersport Corp. d/b/a WHAM-O to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Intersport Corp. d/b/a WHAM-O Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Intersport Corp. d/b/a WHAM-O

Notice of Claims Involving Trademarks by Intersport Corp. d/b/a WHAM-O

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. 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 Intersport Corp. d/b/a WHAM-O for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

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

MEMORANDUM by Intersport Corp. d/b/a WHAM-O in support of motion for temporary restraining order, 13

Declaration Rios Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 1 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 2 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 3 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 4 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 5 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 6 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 7 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 8 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 9 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 10 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 11 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 12 to Rios Declaration regarding memorandum in support of motion, 14

SEALED EXHIBIT by Plaintiff Intersport Corp. d/b/a WHAM-O Exhibit 2 Part 13 to Rios Declaration regarding memorandum in support of motion, 14

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal 8, motion to exceed page limitation 12, and 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 13 are set for a telephonic motion hearing on 7/11/2025 at 10:00 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 7/11/2025. For the reasons stated on the record, Plaintiff's motion for leave to file under seal 8, motion to exceed page limitation 12, and 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 13 is taken under advisement. Telephonic status hearing set for 7/25/2025 at 10:30 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 7/25/2025 is stricken and reset for 8/11/2025 at 1:30 PM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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

MINUTE entry before the Honorable Andrea R. Wood: Having considered the record before the Court, Plaintiff's motion for leave to file under seal 8, motion to exceed page limitation 12, and 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 13 are granted. Enter Sealed Temporary Restraining Order. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 10:00 a.m. on 8/11/2025 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Sealed Schedule A 9, and (2) Exhibit 2 Parts 1-13 [15-27]. Telephonic status hearing set for 8/11/2025 is stricken and reset for 8/25/2025 at 10:00 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 8/11/2025. Mailed notice

SURETY BOND in the amount of $ 10,000 posted by Intersport Corp. (Document not scanned)

MOTION by Plaintiff Intersport Corp. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 8/25/2025. For the reasons stated on the record, Plaintiffs' ex-parte motion to extend the temporary restraining order 36 is granted. The Court finds good cause to extend the temporary restraining order an additional 14 days to 9/8/2025. Telephonic status hearing set for 9/5/2025 at 9:30 AM. The call-in number is (650) 479-3207 and the access code is 1808131170. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. 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