Chubby Gorilla v. Schedule A: Default Judgment for Willful Design Patent Infringement
Chubby Gorilla, Inc. secured a full default judgment in the Northern District of Illinois against anonymous online sellers infringing three design patents and its Unicorn Trade Dress on cylindrical bottles with caps. The court ordered permanent injunctions, account freezes across Alibaba, PayPal, Stripe, and Payoneer, and profit disgorgement of at least $250 — with supplemental proceedings authorized until full recovery.
Chubby Gorilla wins default judgment over counterfeit bottle sellers
Chubby Gorilla, Inc. filed suit on December 18, 2024, in the U.S. District Court for the Northern District of Illinois against an anonymous group of online sellers — styled as ‘Partnerships and Unincorporated Associations Identified in Schedule A’ — alleging willful infringement of three design patents (USD0999637S, USD0907500S, USD0991037S) covering its distinctive cylindrical bottle with cap, along with trade dress and unfair competition claims under federal and Illinois law.
With no defendant appearing to contest the action, the court entered a final default judgment on April 2, 2025 — just 105 days after filing. Judge Sara L. Ellis found the defaulting defendants liable for willful design patent infringement under 35 U.S.C. § 271, trade dress infringement under 15 U.S.C. § 1125, and violations of the Illinois Uniform Deceptive Trade Practices Act. Plaintiff was awarded defendant profits under 35 U.S.C. § 289 and permanent injunctive relief, with third-party payment processors ordered to freeze and transfer account balances to Chubby Gorilla.
The 105-day resolution is consistent with the accelerated Schedule A enforcement playbook, which relies on ex parte TROs, asset freezes, and default when overseas sellers fail to appear. The quantum of damages — set at account balances but not less than $250 — reflects the typical floor in these proceedings rather than a contested damages award. The public record does not disclose the number of individual defendants in Schedule A or the total funds ultimately transferred, leaving the commercial impact of the enforcement campaign only partially visible.
Filing to Default Judgment in 105 days
105 days from filing to default judgment — faster than the median Schedule A case in N.D. Illinois
Default judgment granted: what the court’s findings mean for both parties
Default judgment: liability found without contest
Because the defendants failed to appear or respond, the court entered default judgment under Fed. R. Civ. P. 55(b). This deems all well-pleaded allegations admitted — including willfulness. The finding of willful infringement is particularly significant: it is entered as a matter of record against the defaulting parties and supports the broadest available remedies under both patent and trade dress law, without any factual adjudication on the merits.
Fed. R. Civ. P. 55(b) defaultChubby Gorilla secures injunctions and asset transfer
Chubby Gorilla obtained a permanent injunction covering manufacture, importation, sale, and advertising of infringing products — binding not only the defendants but any third party with actual notice. Critically, payment processors including Alibaba/Alipay, PayPal, Stripe, LianLian, and Payoneer are ordered to freeze and release defendant account balances directly to the plaintiff. The $10,000 bond is also returned. Supplemental enforcement proceedings remain available until full recovery.
Permanent injunction + profit disgorgementDefaulting sellers face frozen accounts and permanent ban
The defaulting defendants are permanently enjoined from selling any products not colorably different from the infringing cylindrical bottles, and from using the Unicorn Trade Dress in any form. Financial accounts across major payment platforms are frozen and assets redirected to plaintiff. Any affiliated online marketplace accounts identified in the future may be subject to supplemental proceedings — meaning the enforcement exposure does not necessarily end with this judgment.
Permanent ban + ongoing exposureSchedule A enforcement raises the cost of counterfeit bottle sales
This judgment reinforces the effectiveness of the Schedule A litigation model for consumer product brands with registered design patents and trade dress. The multi-platform asset freeze — spanning Alibaba, PayPal, Stripe, and Payoneer — signals that financial infrastructure providers will comply with court orders on short notice. For competing bottle and vaping accessory manufacturers, the three asserted design patents now carry an active enforcement record, increasing FTO risk for similar cylindrical bottle-and-cap configurations.
Design patent enforcement signalFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Chubby Gorilla, Inc. | Company | Consumer goods brand — holder of USD0999637S, USD0907500S, and USD0991037S for cylindrical bottle designsSearch in Eureka ↗ |
| Defendant | The Partnerships and Unincorporated Associations Identified in Schedule A | Individual | Anonymous online marketplace sellers identified in Schedule A, primarily operating through Alibaba and related platformsSearch in Eureka ↗ |
| Plaintiff counsel | Brian P. O’Donnell | Attorney | Counsel for Chubby Gorilla, Inc.Search in Eureka ↗ |
| Plaintiff counsel | James Edward Judge | Attorney | Counsel for Chubby Gorilla, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Marko Romeo Zoretic | Attorney | Counsel for Chubby Gorilla, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Ying Chen | Attorney | Counsel for Chubby Gorilla, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Zareefa Burki Flener | Attorney | Counsel for Chubby Gorilla, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Flener IP & Business Law | Law Firm | Representing Chubby Gorilla, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Knobbe, Martens, Olson & Bear Llp | Law Firm | Representing Chubby Gorilla, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Morgan, Lewis & Bockius LLP | Law Firm | Representing Chubby Gorilla, Inc.Search in Eureka ↗ |
| Presiding judge | Judge Sara L. Ellis | Judge | Illinois Northern District CourtSearch in Eureka ↗ |
Official order — verbatim text
The court’s default judgment encompasses findings of willful infringement across four distinct legal theories — design patent (35 U.S.C. § 271), trade dress and false designation (15 U.S.C. § 1125), and state deceptive trade practices — reflecting the breadth of Chubby Gorilla’s enforcement posture. The willfulness finding, though procedurally unchallenged, is entered as a matter of record. The profit disgorgement floor of $250 per defendant is the statutory minimum under 35 U.S.C. § 289, with actual recovery tied to account balances — a structure typical of Schedule A proceedings where defendant financials are opaque until frozen.
USD0999637S, USD0907500S & USD0991037S — Cylindrical Bottle with Cap Designs
The three asserted design patents — USD0999637S (App. No. 29/765561), USD0907500S (App. No. 29/610633), and USD0991037S (App. No. 29/765567) — protect the ornamental appearance of Chubby Gorilla’s distinctive cylindrical bottle with cap. Design patents under 35 U.S.C. § 171 protect the visual characteristics of a product, not its function. The earlier application number for USD0907500S suggests it predates the 765xxx series filings, providing a layered filing chronology that extends the effective protection window for the product’s visual identity.
For the vaping accessory and consumer bottle market, three registered design patents covering the same product form create a formidable enforcement barrier. Any competitor or manufacturer sourcing similar cylindrical bottle-and-cap products — particularly through Alibaba or other global marketplaces — must now conduct FTO analysis against all three patents before commercializing comparable designs. The active enforcement record established by this judgment further increases the risk premium attached to operating in this product space without a cleared design.
Should you run an FTO against USD0999637S, USD0907500S, and USD0991037S?
Any company manufacturing, importing, or selling cylindrical bottles with caps — particularly in the vaping accessory, e-liquid, or personal care liquid packaging space — should treat these three Chubby Gorilla design patents as active enforcement risks. The N.D. Illinois default judgment confirms the plaintiff is willing and able to pursue rapid enforcement through Schedule A proceedings, with asset freezes operational within weeks of filing.
PatSnap Eureka’s FTO Search Agent can map the ornamental claim scope of all three design patents against your product portfolio, identify prior art that may limit the patents’ enforceable scope, and flag pending continuation applications that could extend coverage. Use Eureka to run a side-by-side comparison of your cylindrical bottle designs against the asserted patents before any import or marketplace listing decision.
Run a freedom-to-operate analysis on USD0999637S to assess your product’s exposure
Run FTO in Eureka →Similar design patent Schedule A cases in N.D. Illinois consumer goods
Cases involving design patent and trade dress enforcement against Schedule A defendants in the N.D. Illinois, particularly in the consumer product packaging and vaping accessory sector.
Related patent case — similar technology
Comparable case in the same technology domain. Patent holder and defendant reached resolution after proceedings.
SettledRelated infringement action — same court
Comparable A cylindrical bottle with a cap-adjacent infringement action. Patent enforcement dynamics analysed in depth.
Active · District CourtRelated invalidity challenge — appellate outcome
Combined invalidity and infringement action in the same technology space. Decided after substantive proceedings.
DecidedChubby Gorilla, Inc.’s broader IP enforcement history
Chubby Gorilla, Inc.’s full litigation history covering prior enforcement, licensing activity, and inter partes review proceedings.
Portfolio viewWhat this case signals for the consumer product design IP landscape
This default judgment illustrates how design patents and trade dress, combined with Schedule A tactics, can rapidly disrupt counterfeit supply chains on global marketplaces.
Three design patents amplify enforcement leverage substantially
Asserting three design patents simultaneously across a Schedule A complaint — covering different application numbers for the same cylindrical bottle form — creates overlapping protection that makes design-arounds harder. Any seller must clear all three patents to avoid liability, raising the cost and complexity of imitation. Brands with multiple design filings covering the same product family should replicate this stacking strategy.
Payment processor orders are the real enforcement teeth here
The court’s orders to Alibaba, Alipay, PayPal, Stripe, LianLian, and Payoneer to freeze and transfer funds represent a practical enforcement mechanism that a standard injunction alone cannot provide. When defendants are anonymous overseas sellers, asset freeze orders directed at third-party processors are the primary lever converting a judgment into actual recovery. IP teams monitoring infringement on global marketplaces should account for this in enforcement planning.
Willfulness finding creates prior-art-of-record for future suits
The court’s willful infringement finding, though entered by default, becomes part of the public litigation record. For Chubby Gorilla, this can support enhanced damages arguments in any future contested case. For competitors operating in the same cylindrical bottle and vaping accessory space, this record signals that the plaintiff is active, litigious, and willing to pursue Schedule A campaigns — a material risk factor for product line planning.
Supplemental proceedings clause extends enforcement horizon indefinitely
The judgment explicitly authorizes Chubby Gorilla to commence supplemental proceedings under Fed. R. Civ. P. 69 until full payment is recovered. Combined with authority to notify newly identified accounts by email, this creates an open-ended enforcement mechanism. Brands considering similar enforcement campaigns should draft their proposed default judgment orders to include this clause — it materially broadens post-judgment collection options.
Chubby v Partnerships — key questions answered
The court entered a full default judgment finding the defendants liable for willful design patent infringement under 35 U.S.C. § 271, trade dress infringement, false designation of origin under 15 U.S.C. § 1125, and violations of the Illinois Uniform Deceptive Trade Practices Act. Permanent injunctions, account freezes, and profit disgorgement were ordered.
Chubby Gorilla asserted three design patents: USD0999637S (Application No. 29/765561), USD0907500S (Application No. 29/610633), and USD0991037S (Application No. 29/765567). All three cover ornamental designs for a cylindrical bottle with a cap.
The court ordered third-party payment processors — including Alibaba/Alipay, PayPal, Stripe, LianLian, and Payoneer — to freeze and transfer defendant account balances to Chubby Gorilla within specified timeframes. This mechanism is characteristic of Schedule A enforcement campaigns targeting anonymous overseas sellers on global marketplaces.
A willfulness finding entered by default is procedurally unchallenged and becomes part of the public litigation record. While it does not reflect a contested adjudication on the merits, it supports the broadest available remedies and can be cited in future enforcement actions to establish the plaintiff’s pattern of active enforcement. It also signals the strength of the plaintiff’s registered IP rights to the market.
Under 35 U.S.C. § 289, a design patent owner is entitled to the infringer’s total profits from the sale of infringing articles, with a statutory floor of $250. In this case, the court awarded Chubby Gorilla profits equal to the remaining funds in defendant accounts but not less than $250 — a structure typical when defendant financials are uncertain, with supplemental proceedings authorized until full recovery.
Track design patent enforcement across global marketplaces
Use PatSnap Eureka to run FTO searches against Chubby Gorilla’s three design patents, monitor new Schedule A filings in the N.D. Illinois, and receive alerts when comparable cylindrical bottle designs are asserted or challenged.
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