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Chubby Gorilla v. YBPP Co. — Unicorn Trade Dress Patent Default Judgment | PatSnap
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Case ID1:24-cv-13034
FiledDec 2024
ClosedApr 2025
Patent Litigation

Chubby Gorilla v. YBPP Co. — Default Judgment on Unicorn Bottle Design Patents

Chubby Gorilla, Inc. secured a default judgment against YBPP Co., Ltd. in 105 days, winning a permanent injunction and disgorgement of profits protecting three design patents covering its distinctive Unicorn Trade Dress cylindrical bottle — with Alibaba, PayPal, Stripe, and other third-party platforms ordered to freeze and release defendant’s funds.

Resolution time
105days
105 days — resolved faster than the median N.D. Ill. IP case, consistent with default proceedings
Patents asserted
3
USD0908500S, USD0999637S, and USD0991037S — three design patents on the Unicorn cylindrical bottle
Outcome
Default Judgment
Plaintiff won on all counts; defendant failed to appear or respond
Cost ruling
Profits Award
Defendant’s account balances released to plaintiff; minimum $250 damages floor set
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

Design patent default: Chubby Gorilla locks down Unicorn bottle trade dress

Filed on 18 December 2024 in the Northern District of Illinois before Judge Sara L. Ellis, this infringement action saw Chubby Gorilla, Inc. assert three design patents — USD0908500S, USD0999637S, and USD0991037S — all covering distinct aspects of its Unicorn Trade Dress cylindrical bottle. The defendant, YBPP Co., Ltd., was alleged to have sold counterfeit and colorably identical products through online marketplaces, including storefronts connected to Alibaba-ecosystem platforms.

The case closed on 2 April 2025, just 105 days after filing, via default judgment — entered because YBPP Co. failed to appear or defend. The court issued a sweeping injunction barring the defendant and any party in active concert from making, importing, selling, or advertising infringing products, and ordered third-party providers including Alibaba, Alipay, PayPal, Stripe, LianLian, and Payoneer to freeze and release any funds held in YBPP’s financial accounts to Chubby Gorilla as partial satisfaction of the profits award.

A 105-day resolution is consistent with uncontested default proceedings, and the public record does not reveal whether YBPP Co. was ever formally served or simply chose not to respond. The $10,000 bond posted by plaintiff at the preliminary injunction stage was ordered returned. What remains unknown is the total quantum of profits ultimately recovered beyond the minimum $250 floor, and whether supplemental proceedings under FRCP 69 were or will be initiated to pursue any remaining balances.

Case at a glance
Case no.1:24-cv-13034
CourtIllinois Northern
JudgeSara L. Ellis
FiledDecember 18, 2024
ClosedApril 2, 2025
Duration105 days
OutcomeDefault Judgment
Verdict causeInfringement Action
BasisDefault Judgment
Prior Art Intelligence
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Case data sourced from PACER / Illinois Northern District Court via PatSnap Eureka Litigation Intelligence Explore similar cases ↗
Case timeline

Filing to Default Judgment in 105 days

105 days — resolved faster than the median N.D. Ill. IP case, consistent with default proceedings

Case timeline: Complaint filed DEC 18 2024, FEB–MAR — 105 days total Horizontal timeline showing the three key events in Chubby Gorilla, Inc. v YBPP Co., Ltd. from filing to resolution. Source: PACER, Illinois Northern District Court. DEC 18 2024 Complaint filed Pre-trial proceedings APR 2 2025 Default Judgment 105 DAYS TOTAL
Default judgment

Default judgment explained: what the court’s order means for both parties

Legal mechanism

Default judgment: won by absence, not argument

A default judgment is entered when a defendant fails to appear or respond within the prescribed time. The court accepts the plaintiff’s well-pleaded allegations as true and fashions appropriate relief. Here, YBPP Co.’s non-appearance allowed Chubby Gorilla to obtain injunctive relief and a profits award without litigating validity or infringement on the merits — a decisive but procedurally distinct outcome.

No merits adjudication
Plaintiff outcome

Chubby Gorilla secures injunction and platform-level fund seizure

Chubby Gorilla obtained a permanent injunction covering all three design patents and the Unicorn Trade Dress, binding YBPP and any party acting in concert. Critically, the order reaches third-party platforms — Alibaba, PayPal, Stripe, LianLian, Payoneer — requiring them to freeze and release defendant’s account balances. Plaintiff also retains authority to initiate supplemental proceedings under FRCP 69 if full recovery is not achieved.

Injunction + asset seizure
Defendant outcome

YBPP faces platform bans and frozen assets with no appeal record

By defaulting, YBPP Co. forfeited any opportunity to contest patent validity, challenge the scope of the trade dress, or dispute infringement. The injunction is broad and extends to any products ‘not colorably different’ from the infringing items. While a defaulting party may move to vacate under FRCP 55(c), the threshold is high, and the asset freeze order means YBPP’s accessible funds have likely already been transferred to plaintiff.

No contest on record
Commercial implications

Platform-level orders set a template for online counterfeit enforcement

This order exemplifies a growing enforcement strategy: using design patent and trade dress claims in tandem, then leveraging the court’s equitable powers to compel payment processors and marketplace operators to act without the counterfeiter’s cooperation. For competitors in the specialty bottle and vaping accessories market, the broad ‘colorably different’ standard in the injunction signals elevated risk for any product that closely mimics the Unicorn bottle silhouette.

Platform enforcement model
Legal analysis based on PACER docket records for case 1:24-cv-13034 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffChubby Gorilla, Inc.CompanySpecialty bottle brand and IP holder of Unicorn Trade Dress design patents USD0908500S et al.Search in Eureka ↗
DefendantYBPP Co., Ltd.CompanyYBPP Co., Ltd. — online marketplace seller alleged to sell counterfeit Unicorn-design cylindrical bottles.Search in Eureka ↗
Plaintiff counselBrian P. O’DonnellAttorneyCounsel for Chubby Gorilla, Inc.Search in Eureka ↗
Plaintiff counselJames Edward JudgeAttorneyCounsel for Chubby Gorilla, Inc.Search in Eureka ↗
Plaintiff counselMarko Romeo ZoreticAttorneyCounsel for Chubby Gorilla, Inc.Search in Eureka ↗
Plaintiff counselYing ChenAttorneyCounsel for Chubby Gorilla, Inc.Search in Eureka ↗
Plaintiff counselZareefa Burki FlenerAttorneyCounsel for Chubby Gorilla, Inc.Search in Eureka ↗
Plaintiff law firmFlener IP & Business LawLaw FirmRepresenting Chubby Gorilla, Inc.Search in Eureka ↗
Plaintiff law firmKnobbe, Martens, Olson & Bear LlpLaw FirmRepresenting Chubby Gorilla, Inc.Search in Eureka ↗
Plaintiff law firmMorgan, Lewis & Bockius LLPLaw FirmRepresenting Chubby Gorilla, Inc.Search in Eureka ↗
Presiding judgeJudge Sara L. EllisJudgeIllinois Northern District CourtSearch in Eureka ↗
Official verdict

Official order — verbatim text

“Defaulting Defendant, 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 [5-1] 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 [5-1]; c. committing any acts calculated to cause consumers to believe that the Defaulting Defendant’s products are those sold under the authorization, control, or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff; and; 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 Defendant and any third party with actual notice of this Order who is providing services for the Defaulting Defendant, or in connection with the Defaulting Defendant’s 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 Defendant could continue to sell counterfeit and infringing goods using the Plaintiff’s Intellectual Property; and 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 Defendant, or in connection with any of the Defaulting Defendant’s 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 Defendant 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 [5-1]. 4. Pursuant to 35 U.S.C. § 289, Plaintiff is awarded profits from the Defaulting Defendant 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 Defendant’s accounts but not less than $250.00. 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 Defendant from transferring or disposing of any funds, up to the total of the above damages award, or other of the Defaulting Defendant’s assets. 6. All monies, up to the total of the above damages award, in the Defaulting Defendant’s 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 Defendant’s 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 Defendant, 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 Defendant, Plaintiff may send notice of any supplemental proceeding to the Defaulting Defendant by e-mail at the e-mail addresses provided for the Defaulting Defendant by third parties. 9. The $10,000.00 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.”
Source: PACER Docket, Case 1:24-cv-13034, Illinois Northern District Court

The default judgment verdict is unusually detailed for an uncontested proceeding, reflecting plaintiff’s comprehensive evidentiary submission at the default stage. The injunction’s reach — extending to third-party payment processors and marketplace operators — goes beyond typical infringement relief, suggesting Chubby Gorilla’s counsel (Flener IP, Knobbe Martens, Morgan Lewis) structured the complaint and motion practice to maximise platform accountability. The minimum $250 damages floor under 35 U.S.C. § 289 suggests the actual profits recovered will depend on the balances held in YBPP’s third-party accounts at the time of the order.

PACER case 1:24-cv-13034 · Public docket record Explore in Eureka ↗
Patent at issue

USD0908500S, USD0999637S & USD0991037S — Unicorn Cylindrical Bottle Design Patents

Publication No.USD0908500S
Application No.US29/614048
Patent details
ProductUnicorn cylindrical bottle ornamental design — first design registration
Cited in actionDecember 18, 2024

Publication No.USD0999637S
Application No.US29/765561
Patent details
ProductUnicorn cylindrical bottle ornamental design — second design registration
Cited in actionDecember 18, 2024

Publication No.USD0991037S
Application No.US29/765567
Patent details
ProductUnicorn cylindrical bottle ornamental design — third design registration
Cited in actionDecember 18, 2024

All three patents — USD0908500S (App. No. 29/614048), USD0999637S (App. No. 29/765561), and USD0991037S (App. No. 29/765567) — are design patents, meaning they protect the ornamental appearance of the Unicorn Trade Dress cylindrical bottle rather than its functional attributes. Design patents under 35 U.S.C. § 171 have a term of 15 years from grant. The sequential application numbers across the three filings suggest Chubby Gorilla built its design portfolio over time, with the later two applications likely capturing refined or variant visual presentations of the same article.

In the commoditised cylindrical bottle segment — heavily populated by vaping accessories, dropper bottles, and specialty liquid packaging — ornamental distinctiveness is a critical commercial differentiator. A coherent design patent portfolio covering the same product from multiple angles or versions substantially raises the cost of designing around for competitors. The Unicorn Trade Dress designation further reinforces brand recognition, creating a dual layer of IP (design patent plus trade dress) that is particularly effective against online counterfeiters who rely on visual copying.

Patent data sourced from USPTO via PatSnap Eureka patent database Search patent records in Eureka ↗
Freedom to operate

Should you run an FTO against USD0908500S, USD0999637S, and USD0991037S?

Any company manufacturing, importing, or selling cylindrical specialty bottles — particularly in the vaping accessories, e-liquid, or dropper bottle categories — should assess whether their product’s ornamental design is colorably different from the Unicorn Trade Dress. The injunction’s ‘not colorably different’ standard means the effective scope of these patents may exceed their literal claim drawings. R&D teams introducing new cylindrical bottle designs should conduct a design patent clearance search before launch.

PatSnap Eureka’s FTO Search Agent can map the ornamental claim scope of USD0908500S, USD0999637S, and USD0991037S against your product’s visual profile, identify prior art that could support an IPR petition, and surface related design filings in Chubby Gorilla’s portfolio that may create adjacent risk. Eureka can also flag any pending continuation design applications that could extend coverage further.

PatSnap Eureka FTO Search

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Related litigation

Similar design patent default judgment cases in N.D. Illinois online marketplace enforcement

Cases involving design patent and trade dress enforcement against online marketplace sellers in the Northern District of Illinois, with default judgment and platform asset freeze orders.

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Strategic implications

What this case signals for the specialty bottle and trade dress IP landscape

This default judgment illustrates how design patent portfolios can be weaponised against online counterfeiters with minimal litigation overhead.

Triple design patent filing creates layered, harder-to-design-around protection

Chubby Gorilla asserted three separate design patents covering different aspects of the same product. This layered approach means a competitor cannot simply alter one feature to escape infringement — each patent independently covers distinct ornamental elements. Companies building product portfolios should consider filing multiple design patents on the same article from different visual angles.

Third-party platform injunctions are now a primary enforcement lever

The order directly commands Alibaba, PayPal, Stripe, LianLian, and Payoneer to freeze and release funds. This approach bypasses the need to physically locate a foreign defendant. IP teams monitoring counterfeit activity on online marketplaces should assess whether their design patent portfolio is strong enough to support a similar enforcement action in N.D. Illinois.

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Design patent validity riskIPR challenge exposurePlatform enforcement strategy
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Frequently asked questions

Chubby v YBPP — key questions answered

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Use PatSnap Eureka to run an FTO against Chubby Gorilla’s design patent portfolio and monitor new filings. Set alerts for enforcement actions in the cylindrical bottle and specialty packaging sector.

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