“This action having been commenced by Plaintiff Chubby Gorilla, Inc. (“Plaintiff”) against the Defendants identified in Schedule A attached hereto (collectively, “Defaulting Defendants”), and using at least the online marketplaces in Exhibit 1 to the Complaint [5-2 to 5-3] and attached hereto (the “Online Marketplaces”), and Plaintiff having moved for entry of Default and Default Judgment against Defendants; This Court having entered upon a showing by Plaintiff, a temporary restraining order and preliminary injunction against Defaulting Defendants which included an asset restraining order; 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 e-commerce platforms and payment processors, being notice reasonably calculated under all circumstances to apprise Defaulting Defendants of the pendency of the action and affording it the opportunity to answer and present its objections; and Defaulting Defendants have not 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; Case: 1:24-cv-13000 Document #: 44 Filed: 04/02/25 Page 1 of 7 PageID #:1225 2 THIS COURT HEREBY FINDS, in the absence of adversarial presentation, that it has personal jurisdiction over Defaulting Defendants because Defendants directly target their business activities toward consumers in the United States, including Illinois. Specifically, Plaintiff has provided a basis to conclude that the Defaulting Defendants have targeted sales to Illinois residents by setting up and operating ecommerce stores that target United States consumers using one or more seller aliases, offers shipping to the United States, including Illinois, and has sold or offered for sale products infringing Plaintiff’s design patents (US D991,037, D999,637, D907,500, and D908,500) and Unicorn Trade Dress (a cylindrical bottle with a cap, where the cap has a cylindrical portion having a diameter substantially similar to the bottle and a smooth portion that concavely tapers toward a flat top (an example of which is depicted in the image below)) (collectively, the “Plaintiff’s Intellectual Property”) to residents of Illinois. In this case, Plaintiff has presented screenshot evidence that the Defaulting Defendants’ ecommerce stores are 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 using infringing versions of Plaintiff’s Intellectual Property see [5-2 to 5-3 and 18-27], which includes screenshot evidence confirming that each Defendant e-commerce store does stand Case: 1:24-cv-13000 Document #: 44 Filed: 04/02/25 Page 2 of 7 PageID #:1226 3 ready, willing, and able to ship its counterfeit goods to customers in Illinois bearing infringing and/or infringing versions of the Plaintiff Intellectual Property. THE COURT FURTHER FINDS that each Defaulting Defendant is liable for willful design patent infringement (35 U.S.C. § 271), willful trade dress infringement (15 U.S.C. § 1125), false designation of origin and federal unfair competition (15 U.S.C. § 1125), and violation of Illinois Uniform Deceptive Trade Practices Act (815 ILCS § 510/2). IT IS HEREBY ORDERED that Plaintiff’s Motion for Default Judgment is GRANTED in its entirety, that the Defaulting Defendants are deemed in default, and that this Final Judgement is entered against the Defaulting Defendants. IT IS FURTHER ORDERED 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 preliminarily enjoined and restrained from: a. making, using, selling, offering for sale, and/or importing into the United States products that infringe any of Plaintiff’s design patents, including the infringing products identified in Exhibit 1 of the Complaint [5-2 to 5-3] or any products that are not colorably different from such products; b. using the Unicorn Trade Dress or any colorable imitations thereof, including the infringing products identified in Exhibit 1 of the Complaint [5-2 to 5-3]; c. committing any acts calculated to cause consumers to believe that the 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; Case: 1:24-cv-13000 Document #: 44 Filed: 04/02/25 Page 3 of 7 PageID #:1227 4 d. further infringing the Plaintiff’s Intellectual Property and damaging Plaintiff’s goodwill; e. manufacturing, importing, shipping, delivering, holding for sale, selling, transferring or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory not manufactured by or for Plaintiff nor authorized by Plaintiff to be sold or offered for sale, and which bear any of the Unicorn Trade Dress or any reproductions, counterfeit copies, or colorable imitations thereof; f. aiding, abetting, contributing to, or otherwise assisting anyone in infringing Plaintiff’s Intellectual Property, including, for example, selling, offering for sale, and/or importing into the United States any of the infringing products or other products that are not colorably different from such products. 2. Defaulting Defendants and any third party with actual notice of this Order who is providing services for the Defaulting Defendants, or in connection with the Defaulting Defendants’ Online Marketplaces, including, without limitation, any online marketplace platforms such as Alibaba Group Holding Limited., Alibaba.com, Inc., Alibaba.com US E-commerce Corp., Alibaba.com U.S. LLC, Alibaba Group (U.S.) Inc., AUS Merchant Services, Inc., and Alipay US, Inc. (“Alibaba” and/or “AliPay”) (collectively, “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 Marketplaces, or any other online marketplace account that is being used to sell or is the means by which the Defaulting Defendants could continue to sell counterfeit and infringing goods using the Plaintiff’s Intellectual Property; and Case: 1:24-cv-13000 Document #: 44 Filed: 04/02/25 Page 4 of 7 PageID #:1228 5 b. operating and/or hosting websites that are involved with the distribution, marketing, advertising, offering for sale, or sale of any product bearing the Plaintiff’s Intellectual Property or any reproductions, counterfeit copies or colorable imitations thereof that is not a genuine Plaintiff product or not authorized by Plaintiff to be sold in connection with the Plaintiff’s Intellectual Property. 3. Upon Plaintiff’s request, any Third Party Providers with actual notice of this Order who are providing services for Defaulting Defendants, or in connection with any of the Defaulting Defendants’ online marketplaces, including, without limitation, Alibaba, shall within ten (10) business days of receipt of such notice, disable and cease displaying any advertisements used by or associated with the Defaulting Defendants in connection with the sale of products that infringe the Plaintiff’s design patents, and/or the sale of products that bear the Unicorn Trade Dress, including the sale of infringing products as shown in Exhibit 1 of the Complaint [5-2 to 5-3]. 4. Pursuant to 35 U.S.C. § 289, Plaintiff is awarded profits from each of the Defaulting Defendants for infringing use of Plaintiff’s Intellectual Property on products sold through at least the Online Marketplaces, with such profits being at least the remaining funds in the Defaulting Defendants’ accounts but not less than $250.00 per Defaulting Defendant. 5. Any Third Party Providers and payment processors, such as Alibaba, Alipay, LianLian Global, LL Pay U.S., LLC, and Lianlian Yintong Electronic Payment Co. Ltd. (“LianLian”); Payoneer Global Inc. (“Payoneer”); PayPal Holdings, Inc. (“PayPal”); Stripe Inc. (“Stripe”), shall, within ten (10) business days of receipt of this Order, permanently restrain and enjoin any financial accounts connected to the Defaulting Defendants from Case: 1:24-cv-13000 Document #: 44 Filed: 04/02/25 Page 5 of 7 PageID #:1229 6 transferring or disposing of any funds, up to the total of the above damages award, or other of the Defaulting Defendants’ assets. 6. All monies, up to the total of the above damages award, in the Defaulting Defendants’ financial accounts, including monies held by Third Party Providers and payment processors, such as Alipay, Alibaba, Ant Financial, PayPal, Stripe, LianLian, and Payoneer are hereby released to Plaintiff as partial payment of the above identified damages, and Third Party Providers are ordered to release to Plaintiff the amounts from the Defaulting Defendants’ financial accounts within fourteen (14) calendar days of receipt of this Order. 7. Until Plaintiff has recovered full payment of monies owed to it by the Defaulting Defendants, Plaintiff shall have the ongoing authority to commence supplemental proceedings under Federal Rule of Civil Procedure 69. 8. In the event the Plaintiff identifies any additional online marketplace accounts or financial accounts owned by the Defaulting Defendants, Plaintiff may send notice of any supplemental proceeding to the Defaulting Defendants by e-mail at the e-mail addresses provided for the Defaulting Defendants by third parties. 9. The $11,000.00 cash bond posted by Plaintiff is hereby released to Plaintiff or its counsel, Flener IP & Business Law. The Clerk of the Court is directed to return the cash bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. This is a Final Judgment.”