Introduction

In a swift 90-day litigation cycle, Choose Friendship LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A (Case No. 1:23-cv-16571) concluded with a voluntary dismissal without prejudice — a strategic outcome that tells a nuanced story about design patent enforcement tactics in the consumer goods space.

Filed on December 7, 2023, in the U.S. District Court for the Northern District of Illinois, this design patent infringement action centered on four USPTO design patents protecting jewelry-making and friendship bracelet maker products. Plaintiff Choose Friendship LLC, represented by Rosenbaum Famularo & Segall, PC, targeted more than 20 marketplace sellers operating under storefront names on e-commerce platforms — a litigation model increasingly common in consumer product IP enforcement.

For patent attorneys, IP professionals, and R&D teams operating in the craft, toy, and consumer goods sectors, this case offers critical insights into Schedule A litigation strategy, design patent assertion, and the significance of voluntary dismissal as a tactical tool.

Aperçu du dossier

Les parties

Brevets en cause

This case involved four U.S. design patents covering ornamental designs for jewelry-making and bracelet-making products, which protect the ornamental appearance rather than functional technology. These patents are commercially valuable as product aesthetics drive consumer purchasing decisions in the toy and craft category.

• • US D667,468 (App. No. US29/405922)
• • US D676,880 (App. No. US29/419558)
• • US D626,574 (App. No. US29/353612)
• • US D619,150 (App. No. US29/331467)

Le verdict et l'analyse juridique

Résultat

The case concluded via voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(1). The dismissal applied to the remaining defendants at the time of closure: BIRANCO, DDAI, PREBOX, Topdiaos, and EuTengHao. All pending motions and deadlines were terminated as moot, and the civil case was formally closed.

Notably, the dismissal was entered without prejudice, meaning Choose Friendship LLC retains the right to re-file claims against these defendants in the future if circumstances warrant — a critical strategic distinction.

Principales questions juridiques

The case was initiated as a straightforward design patent infringement action. In design patent litigation, the central legal question is whether an ordinary observer — familiar with the prior art — would be deceived into believing the accused product is the same as the patented design (Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir. 2008)). The absence of defense counsel across all defendants suggests that many resolved their positions early — likely through settlements, store takedowns, or default — leaving only five defendants at the time of voluntary dismissal. The without-prejudice posture strongly implies that these remaining five defendants either reached informal resolutions or that the plaintiff preserved optionality for future enforcement.

Chronologie du litige et historique de la procédure

The case was filed in the Northern District of Illinois, a jurisdiction favored for Schedule A e-commerce enforcement actions due to its established procedural familiarity with multi-defendant online infringement cases. Presiding over the matter was Chief Judge LaShonda A. Hunt. The case resolved rapidly — within 90 days of filing — consistent with the lifecycle of many Schedule A cases.

The docket reference to Plaintiff’s Notice of Voluntary Dismissal [33] suggests meaningful prior activity, including motions and possibly settlement discussions, before the final termination order was entered.