“This action having been commenced by Plaintiff BELIEVE PURSUE LLC (“Plaintiff”) against Defendants identified on Schedule A, and using the Defendant Domain Names and Online Marketplace Accounts identified on Schedule A (collectively, the “Defendant Internet Stores”), and Plaintiff having moved for entry of Default and Default Judgment against Defendants identified on the First Amended Schedule A attached hereto which have not yet been dismissed from this case (collectively, “Defaulting Defendants”); This Court having entered a preliminary injunction; Plaintiff having properly completed service of process on Defaulting Defendants, the combination of providing notice via electronic publication and e-mail, along with any notice that Defaulting Defendants received from domain name registrars and payment processors, being notice reasonably calculated under all circumstances to apprise Defaulting Defendants of the pendency of the action and affording them the opportunity to answer and present their objections; and Case: 1:23-cv-04474 Document #: 74 Filed: 01/19/24 Page 1 of 13 PageID #:2277 2 None of the Defaulting Defendants having answered or appeared in any way, and the time for answering having expired, so that the allegations of the Complaint are uncontroverted and are deemed admitted; This Court finds that it has personal jurisdiction over Defaulting Defendants because Defaulting Defendants directly target their business activities toward consumers in the United States, including Illinois. Specifically, Plaintiff has provided a basis to conclude that Defaulting Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more seller aliases, offer shipping to the United States, including Illinois, and have sold products using infringing and counterfeit versions of Plaintiff’s federally registered patent, which is covered by U.S. Patent No. D983,897 (the BELLABOOTY Patent”), and the BELLABOOTY trademark, which is covered by at least U.S. Trademark Registration No. 4,350,556 (the “BELLABOOTY Trademark”) to residents of Illinois. In this case, Plaintiff has presented screenshot evidence that each Defendant e-commerce store is reaching out to do business with Illinois residents by operating one or more commercial, interactive internet stores through which Illinois residents can and do purchase products infringing on Plaintiff’s rights under the BELLABOOTY Patent and the BELLABOOTY Trademark. See Dkt No. 12, which includes screenshot evidence confirming that each Defendant e-commerce store does stand ready, willing, and able to ship its counterfeit goods to customers in Illinois bearing infringing and/or counterfeit versions of Plaintiff’s BELLABOOTY Patent and BELLABOOTY Trademark. A list of Plaintiff’s intellectual property is included below: U.S. TM Reg. No. Trademark Registration Date 4,350,556 BELLABOOTY (Class 28) June 11, 2013 Case: 1:23-cv-04474 Document #: 74 Filed: 01/19/24 Page 2 of 13 PageID #:2278 3 This Court further finds that Defaulting Defendants are liable for Design Patent Infringement (35 U.S.C. § 271), Trademark Infringement and Counterfeiting (15 U.S.C. § 1114), false designation of origin (15 U.S.C. § 1125(a)), and violation of the Illinois Uniform Deceptive Trade Practices Act (815 ILCS § 510 et seq.). Accordingly, this Court orders that Plaintiff’s Motion for Entry of Default and Default Judgment is GRANTED as follows, that Defaulting Defendants are deemed in default, and that this Default Judgment is entered against Defaulting Defendants. U.S. Patent Number Claim Issue Date D983,897 S April 18, 2023 Case: 1:23-cv-04474 Document #: 74 Filed: 01/19/24 Page 3 of 13 PageID #:2279 4 This Court further orders that: 1. Defaulting Defendants, their officers, agents, servants, employees, attorneys, and all persons acting for, with, by, through, under, or in active concert with them be permanently enjoined and restrained from: a. using the BELLABOOTY Trademark Registrations or any reproductions, counterfeit copies, or colorable imitations in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine BELLABOOTY product or not authorized by Plaintiff to be sold in connection with the BELLABOOTY Patent and BELLABOOTY Trademark; b. passing off, inducing, or enabling others to sell or pass off any product as a genuine BELLABOOTY product that is not Plaintiff’s or not produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale in connection with the BELLABOOTY Patent and BELLABOOTY Trademark; c. committing any acts calculated to cause consumers to believe that Defaulting Defendants’ products are those sold under the authorization, control, or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff; and d. marketing, advertising, or otherwise offering to sell or selling products by infringing on Plaintiff’s intellectual property, including the BELLABOOTY Patent and BELLABOOTY Trademark, or any reproductions, counterfeit copies, or colorable imitations; e. using, linking to, transferring, selling, exercising control over, or otherwise owning the Online Marketplaces, the Defendant Domain Names, or any other domain name or Case: 1:23-cv-04474 Document #: 74 Filed: 01/19/24 Page 4 of 13 PageID #:2280 5 online marketplace account that is being used to sell or is the means by which Defendants could continue to sell Counterfeit BELLABOOTY Products; and f. operating and/or hosting websites at the Online Marketplaces, the Defendant Domain Names, or any other domain name or online marketplace account or other online presence registered or operated by Defendants that are involved with the distribution, marketing, advertising, offering for sale, or sale of any product or product listing incorporating the BELLABOOTY Patent and BELLABOOTY Trademark. 2. The domain name registries for the Defendant Domain Names, including, but not limited to, VeriSign, Inc., Neustar, Inc., Afilias Limited, CentralNic, Nominet, and the Public Interest Registry, and the domain name registrars, including, but not limited to, GoDaddy Operating Company LLC, Name.com, PDR LTD. d/b/a/ PublicDomainRegistry.com, and Namecheap Inc., within seven (7) calendar days of receipt of this Order, shall, at Plaintiff’s choosing: a. transfer the Defendant Domain Names to Plaintiff’s control, including unlocking and changing the registrar of record for the Defendant Domain Names to a registrar of Plaintiff’s selection, and the domain name registrars shall take any steps necessary to transfer the Defendant Domain Names to a registrar of Plaintiff’s selection; or b. disable the Defendant Domain Names and make them inactive and untransferable. 3. Defaulting Defendants and any third party with actual notice of this Order who is providing services for any of the Defaulting Defendants, or in connection with any of the Defaulting Defendants’ Online Marketplaces, including, without limitation, any online marketplace platforms such as eBay, Inc., AliExpress, Alibaba Group Holding Ltd. (“Alibaba”), Amazon.com, Walmart.com, Etsy.com, ContextLogic, Inc. d/b/a Wish.com (“Wish.com”), Case: 1:23-cv-04474 Document #: 74 Filed: 01/19/24 Page 5 of 13 PageID #:2281 6 and Dhgate (collectively, the “Third Party Providers”), shall within seven (7) calendar days of receipt of this Order cease: a. using, linking to, transferring, selling, exercising control over, or otherwise owning the Online Marketplace Accounts, or any other online marketplace account that is being used to sell or is the means by which Defaulting Defendants could continue to sell counterfeit and infringing goods using the BELLABOOTY Patent and BELLABOOTY Trademark; and b. operating and/or hosting websites that are involved with the distribution, marketing, advertising, offering for sale, or sale of any product bearing the BELLABOOTY Patent and BELLABOOTY Trademark or any reproductions, counterfeit copies or colorable imitations thereof that is not a genuine BELLABOOTY product or not authorized by Plaintiff to be sold in connection with the BELLABOOTY Patent and BELLABOOTY Trademark. 4. Upon Plaintiff’s request, those with notice of this Order, including the Third-Party Providers as defined in Paragraph 3, shall within seven (7) calendar days after receipt of such notice, disable and cease displaying any advertisements used by or associated with Defaulting Defendants in connection with the sale of counterfeit and infringing goods using BELLABOOTY Patent and BELLABOOTY Trademark. 5. Pursuant to 15 U.S.C. § 1117(c), Plaintiff is awarded statutory damages pursuant from each of the Defaulting Defendants of not less than $1,000 and not more than $2,000,000 for each and every use of the BELLABOOTY Trademark; 6. Plaintiff is awarded such damages that are adequate to compensate Plaintiff for Defendants’ infringement of the BELLABOOTY Patent, but in no event less than a Case: 1:23-cv-04474 Document #: 74 Filed: 01/19/24 Page 6 of 13 PageID #:2282 7 reasonable royalty for the use made of the invention by the Defendants, and that this amount of damage awarded to Plaintiff be increased by three time the amount thereof, as provided by 35 U.S.C. § 284. This award shall apply to each distinct Defaulting Defendant only once, even if they are listed under multiple different aliases in the Complaint and Schedule A. 7. Any Third Party Providers holding funds for Defaulting Defendants, including PayPal, Inc. (“PayPal”), Alipay, Alibaba, Wish.com, Ant Financial Services Group (“Ant Financial”), Payoneer, Inc. (“Payoneer”), PingPong Global Solutions, Inc. (“PingPong”), Coinbase Global, Inc. (“Coinbase”), LianLian Global t/as LL Pay U.S., LLC (“LianLian”), AllPay Limited (“AllPay”), Union Mobile Financial Technology Co., Ltd (“Union Mobile”), World First UK Ltd. (“World First”), Paxful, Inc. (“Paxful”), Shopify, Inc. (“Shopify”), Stripe, Inc. (“Stripe”), and Amazon Pay (collectively, “Financial Institutions”), shall, within seven (7) calendar days of receipt of this Order, permanently restrain and enjoin any accounts connected to Defaulting Defendants or the Defendant Internet Stores from transferring or disposing of any funds (up to the statutory damages awarded in Paragraph 5 above) or other of Defaulting Defendants’ assets. 8. All monies (up to the amount of the statutory damages awarded in Paragraphs 5 and 6 above) currently restrained in Defaulting Defendants’ financial accounts, including monies held by Third Party Providers and Financial Institutions, are hereby released to Plaintiff as partial payment of the above-identified damages, and Third Party Providers and Financial Institutions, are ordered to release to Plaintiff the amounts from Defaulting Defendants’ financial accounts within fourteen (14) calendar days of receipt of this Order. Case: 1:23-cv-04474 Document #: 74 Filed: 01/19/24 Page 7 of 13 PageID #:2283 8 9. Until Plaintiff has recovered full payment of monies owed to it by any Defaulting Defendant, Plaintiff shall have the ongoing authority to commence supplemental proceedings under Federal Rule of Civil Procedure 69. 10. In the event that Plaintiff identifies any additional online marketplace accounts or financial accounts owned by Defaulting Defendants, Plaintiff may send notice of any supplemental proceeding, including a citation to discover assets, to Defaulting Defendants by e-mail at the e-mail addresses identified in Exhibit A to the Declaration of Alisha Moriceau (ECF No. 70) and any e-mail addresses provided for Defaulting Defendants by third parties. 11. To obtain release of the bond previously posted in this action, Plaintiff’s counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any Defendant. This is a Default Judgment.”