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.
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.
Filing to Default Judgment in 105 days
105 days — resolved faster than the median N.D. Ill. IP case, consistent with default proceedings
Default judgment explained: what the court’s order means for both parties
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 adjudicationChubby 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 seizureYBPP 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 recordPlatform-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 modelFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Chubby Gorilla, Inc. | Company | Specialty bottle brand and IP holder of Unicorn Trade Dress design patents USD0908500S et al.Search in Eureka ↗ |
| Defendant | YBPP Co., Ltd. | Company | YBPP Co., Ltd. — online marketplace seller alleged to sell counterfeit Unicorn-design cylindrical bottles.Search 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 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.
USD0908500S, USD0999637S & USD0991037S — Unicorn Cylindrical Bottle Design Patents
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.
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.
Run a freedom-to-operate analysis on USD0908500S to assess your product’s exposure
Run FTO in Eureka →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.
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 Unicorn Trade Dress is a cylindrical bottle-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 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.
Design patent validity risk is unresolved — a future challenger could reopen the door
Because YBPP defaulted, the validity of all three design patents was never tested. A future competitor or counterfeit seller with resources to contest could challenge the patents via IPR or litigation. Chubby Gorilla’s design registrations should be audited for prior art exposure, particularly given the commoditised cylindrical bottle market.
The ‘colorably different’ standard in the injunction creates ongoing enforcement reach
The court’s injunction explicitly covers products ‘not colorably different’ from the identified infringing items. This phrasing extends Chubby Gorilla’s enforcement rights beyond exact copies. In practice, this means the company can pursue contempt proceedings against new marketplace listings that approximate the Unicorn design without filing a new lawsuit — a significant deterrent.
Chubby v YBPP — key questions answered
The case closed on 2 April 2025 via default judgment in favour of plaintiff Chubby Gorilla, Inc. YBPP Co., Ltd. failed to appear or respond. The court issued a permanent injunction covering three design patents and the Unicorn Trade Dress, and ordered third-party platforms including Alibaba, PayPal, and Stripe to freeze and release defendant’s account balances to plaintiff.
Three design patents are asserted: USD0908500S (Application No. 29/614048), USD0999637S (Application No. 29/765561), and USD0991037S (Application No. 29/765567). All three cover ornamental aspects of Chubby Gorilla’s Unicorn Trade Dress cylindrical bottle. Design patents protect appearance, not functionality, and have a 15-year term from grant.
The default judgment order requires Alibaba, Alipay, PayPal, Stripe, LianLian, and Payoneer — as third-party providers — to freeze any financial accounts connected to YBPP Co. within ten business days and release those funds to Chubby Gorilla as partial satisfaction of the profits award. The order also requires platforms to disable YBPP’s online marketplace storefronts and advertisements.
A defaulting party may move to vacate a default judgment under Federal Rule of Civil Procedure 55(c), but must demonstrate good cause — typically showing excusable neglect, a meritorious defence, and no undue prejudice to the plaintiff. Given that account funds have likely already been released to Chubby Gorilla, the practical window for effective relief is narrow. The three design patents would also remain subject to challenge via IPR at the USPTO.
The injunction bars YBPP and parties acting in concert from selling products ‘not colorably different’ from the identified infringing items. This standard, drawn from design patent doctrine, means the injunction covers not just exact copies but also visually similar variants that a consumer would likely confuse with the Unicorn Trade Dress bottle. In practice, it enables Chubby Gorilla to pursue contempt proceedings against new infringing listings without filing a separate lawsuit.
Protect your bottle designs before the next enforcement action
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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