2025-cv-06623

COMPLAINT filed by KTM AG; Jury Demand. Filing fee $ 405, receipt number AILNDC-23627199.

(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

ATTORNEY Appearance for Plaintiff KTM AG by Elizabeth Aubree Miller

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

Notice of Claims Involving Trademarks by KTM AG

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Maria Valdez. 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.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Lindsay C. Jenkins: The Court grants the motion to seal 8, but upon review of the complaint, the Court sua sponte raises the propriety of joining more than 130 defendants in a single action. By June 24, 2025, plaintiff must file a supplemental memorandum addressing the propriety of joinder. In the alternative, plaintiff has leave to file an amended complaint by June 24, 2025 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. No motion for an ex parte temporary restraining order should be filed in this matter without counsel first consulting the opinion issued in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025) (Alexakis, J.). Mailed notice.

AMENDED complaint by KTM AG against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiff KTM AG Amended Schedule A

MOTION by Plaintiff KTM AG for extension of time Plaintiff's Motion for an Extension of Time to File its Memorandum in Support of Joinder

DECLARATION of Trunkenpolz-Sigl

SEALED EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 1 of Trunkenpolz-Sigl Declaration regarding declaration 18

SEALED EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 2 of Trunkenpolz-Sigl Declaration regarding declaration 18

SEALED EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 3 of Trunkenpolz-Sigl Declaration regarding declaration 18

SEALED EXHIBIT by Plaintiff KTM AG Exhibit 2 Part 4 of Trunkenpolz-Sigl Declaration regarding declaration 18

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

MEMORANDUM by KTM AG Plaintiff's Memorandum in Support of Joinder

Exhibit 1

Exhibit 2

(Exhibit 3)

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for extension of time 17 is granted. Plaintiff can proceed on its amended complaint against the listed Defendants in docket entry 16. Any motion for electronic service of process or request for early discovery should be filed by July 1, 2025. Mailed notice.

SEALED DOCUMENT by Plaintiff KTM AG Amended Schedule A Supplement

MOTION by Plaintiff KTM AG Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MOTION by Plaintiff KTM AG Plaintiff's Motion for Expedited Discovery

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for expedited discovery and for electronic service 27 28 are granted. Separate order to issue. Mailed notice.

ORDER Signed by the Honorable Lindsay C. Jenkins on 7/2/2025. Mailed notice.

SUMMONS Issued (Court Participant) as to Defendant A High fashion mens clothing and all other Defendants identified in the Amended Complaint

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of KTM AG

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 34

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 34

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before August 22, 2025. If no objections are filed by that date, the court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by August 20, 2025. A hearing may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.

CERTIFICATE of Service by John Wilson on behalf of KTM AG

MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 34 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The Clerk is directed to return the surety bond posted. Enter Final Judgment Order. Mailed notice.

ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 8/25/2025. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: Civil case terminated. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA