2026-cv-00259

COMPLAINT against SCHEDULE A DEFENDANTS (Filing fee, including Administrative fee, $405, receipt number APAWDC-9361869), filed by KTM AG.

Civil Cover Sheet

Exhibit 1

MOTION for Leave to File Documents Under Seal by KTM AG.

Proposed Order

MOTION for Temporary Restraining Order, MOTION to Expedite Discovery by KTM AG.

Proposed Order

MOTION for Temporary Restraining Order, MOTION to Expedite Discovery by KTM AG.

Proposed Order

MOTION for Temporary Restraining Order, MOTION to Expedite Discovery by KTM AG.

Proposed Order

BRIEF in Support re [5] Motion for TRO, Motion to Expedite filed by KTM AG.

Declaration of Jay Harvey Paragoso

Declaration of Keaton Smith

MOTION for Alternative Service by KTM AG.

Proposed Order

BRIEF in Support re [7] Motion for Alternative Service filed by KTM AG.

MOTION for Leave to File Excess Pages by KTM AG.

Proposed Order

Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by KTM AG.

NOTICE of Appearance by Keaton David Smith on behalf of KTM AG.

NOTICE of Appearance by Ryan E. Carreon on behalf of KTM AG.

NOTICE of Appearance by Shengmao Mu on behalf of KTM AG.

NOTICE of Appearance by Abby Marie Neu on behalf of KTM AG.

Judge Christy Criswell Wiegand added.

CLERK'S NOTICE OF CORRECTION re 5 MOTION for Temporary Restraining Order MOTION to Expedite Discovery MOTION for Order to Show Cause. ERROR: Multiple relief motion filed requesting only a relief. CORRECTION FOR FUTURE FILINGS: Filer to select all relief types sought when filing the Motion event. Clerk added Motion for Temporary Asset Restraint, Motion to Show Cause. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE.

CLERK'S NOTICE OF CORRECTION re [5] MOTION for Temporary Restraining Order MOTION to Expedite Discovery MOTION for Order to Show Cause. ERROR: Multiple relief motion filed requesting only a relief. CORRECTION FOR FUTURE FILINGS: Filer to select all relief types sought when filing the Motion event. Clerk added Motion for Temporary Asset Restraint, Motion to Show Cause. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY AND NO FURTHER ACTION IS REQUIRED ON THE FILING AT ISSUE.

NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties.

ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 2/17/2026.

NOTICE REGARDING TELEPHONIC PROCEEDINGS: The parties are directed to use the following information to access any telephone conference scheduled in this case. Conference Phone Number: 1 412-547-0144. Phone Conference ID: 359 195 882#

ORDER DENYING 2 MOTION for Leave to File Documents Under Seal filed by KTM AG. According to the United States Court of Appeals for the Third Circuit, "the common law presumes that the public has a right of access to judicial materials." In re Avandia, 924 F.3d 662, 672 (3d Cir. 2019). To overcome this presumptive right of access to judicial materials, "[t]he party seeking to overcome the presumption of access bears the burden of showing 'that the interest in secrecy outweighs the presumption.'" Id. (quoting Bank of Am. Nat'l Trust & Sav. Ass'n v. Hotel Rittenhouse Assocs., 800 F.2d 339, 344 (3d Cir. 1986)). That is, "[t]he movant must show 'that the material is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure.'" Id. (quoting Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994)). And, "[b]road allegations of harm, bereft of specific examples or articulated reasoning, are insufficient" to meet this burden. Id. at 673 (quoting In re Cendant Corp., 260 F.3d 183, 194 (3d Cir. 2001)). Additionally, the Western District of Pennsylvania's Civil Filing Guide for opening Schedule "A" cases advises parties to move for leave to file documents under seal, as opposed to moving to seal the case in its entirety. See Instructions for Filers - Schedule A Cases (available at: https://www.pawd.uscourts.gov/sites/pawd/files/Attorney_Civil_Filing_Guide_October_2025.pdf). Here, KTM AG requests the Court grant leave "to file under seal the documents associated with [this] action" including "any Orders entered by the Court granting Plaintiff's motions." ECF No. 2 at 2. The Court finds that the 2 Motion is overly broad as it seeks to place the case in its entirety, including the Court's Orders, under seal. Accordingly, KTM AG's 3 Motion is DENIED without prejudice, and KTM AG may refile its request in compliance with the procedures of the Western District of Pennsylvania. Signed by Judge Christy Criswell Wiegand on 2/18/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.

ORDER GRANTING 9 MOTION for Leave to File Excess Pages filed by KTM AG. Signed by Judge Christy Criswell Wiegand on 2/18/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.

ORDER DENYING WITHOUT PREJUDICE 7 Motion for Alternative Service. In the 7 Motion, Plaintiff KTM AG requests leave to serve Defendants via email and website publication pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure. The Court declines to authorize service by such alternative means at this time. First, where it applies, the Hague Service Convention "is exclusive, and provides the relevant catalogue of possible means of transmission for service abroad." SEC v. Lahr, No. 22-2497, 2024 WL 3518309, at *34 (3d Cir. July 24, 2024). Here, the 1 Complaint alleges that the Defendants reside in China or other foreign jurisdictions. Thus, the Hague Convention presumptively governs service. See Vanderhoef v. China Auto Logistics Inc., No. 218CV10174CCCSCM, 2019 WL 6337908, at *3 (D.N.J. Nov. 26, 2019) (explaining that the United States and China are both signatories to the Hague Convention). China has objected to Article 10 of the Hague Convention, so service by email on Chinese defendants is not authorized under the Convention. See D Squared Plant Traps LLC v. Guangdong Bixing Trading Co., LTD., 716 F. Supp. 3d 352, 356 n.2 (W.D. Pa. 2024) (Conti, J.) ("[C]ourts have refused to authorize service via email when the receiving country has objected to [Article 10 of the Hague Convention]."). And the Court cannot authorize service under Rule 4(f)(3) by means that would violate the Hague Convention. See id. at 357 (quoting Rio Properties, Inc. v. Rio Int'l Interlink, 284 F.3d 1007, 1015 n.4 (9th Cir. 2002)) ("A federal court [is] prohibited from issuing a Rule 4(f)(3) order in contravention of an international agreement, including the Hague Convention."). Finally, Plaintiff has not established that an exception applies such that the Hague Convention is not applicable in this case. See, e.g., Lahr, 2024 WL 3518309, at *34 (explaining that the Convention does not apply where the address of the party to be served is unknown, and that courts employ a reasonable diligence test that examines whether a plaintiff engaged in reasonably diligent efforts to discover a defendant's address). Accordingly, IT IS HEREBY ORDERED that the 7 Motion is DENIED WITHOUT PREJUDICE to Plaintiff's ability to file a renewed motion for alternative service as appropriate. Signed by Judge Christy Criswell Wiegand on 2/18/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.

PATENT/TRADEMARK DOCUMENTS ISSUED.

PATENT/TRADEMARK DOCUMENTS ISSUED.

Complaint

(Docket Sheet) (cel)

Second MOTION to Seal Case by KTM AG.

(Proposed Order)

Second MOTION for Alternative Service by KTM AG.

Declaration of Keaton Smith

(Exhibit 1)

ORDER GRANTING IN PART 23 Second Motion to Seal Case filed by Plaintiff KTM AG. In the 23 Motion, KTM AG seeks the Court's leave to file certain documents under seal to prevent Defendants from transferring funds associated with named aliases to other accounts. The Court finds good cause to permit KTM AG to file the following documents under seal: (1) Plaintiff's Unredacted Complaint; (2) Schedule A to the Complaint; (3) Exhibit 1 to Plaintiff's Complaint, which contains the registrations for the KTM Trademarks; and (4) Exhibit 2 to Plaintiff's Complaint, which contains screenshot printouts of the Defendants' online storefronts and infringing sales. However, the Court finds no basis to seal the Court's order regarding KTM AG's motion for temporary restraining order, as identifying information regarding the Defendants need not be included in that order. Accordingly, IT IS HEREBY ORDERED that the 23 Motion is GRANTED to the extent it seeks to file the four documents identified above under seal. IT IS FURTHER ORDERED that the 23 Motion is DENIED to the extent it requests the Court file its orders under seal. Signed by Judge Christy Criswell Wiegand on 2/24/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.

ORDER GRANTING 24 Second Motion for Alternative Service filed by Plaintiff KTM AG. IT IS HEREBY ORDERED that the 24 Motion is GRANTED as set forth in the Order. Signed by Judge Christy Criswell Wiegand on 2/24/2026.

REDACTION to 1 COMPLAINT Schedule A by KTM AG.

REDACTION to 1 COMPLAINT Exhibit 2 by KTM AG.

SEALED DOCUMENT by KTM AG.

SEALED EXHIBIT in support of Complaint Schedule A by KTM AG pursuant to.

SEALED EXHIBIT in support of Complaint Exhibit 2 by KTM AG pursuant to.