Chubby Gorilla v. ZNPP CO.: Default Judgment for Bottle Design Patent & Trade Dress
Chubby Gorilla, Inc. secured a default judgment against ZNPP CO., LTD in the Northern District of Illinois, asserting infringement of its bottle design patent (USD991037S) and Unicorn Trade Dress. The court entered a comprehensive injunction and ordered disgorgement of profits — all resolved in just 86 days without the defendant appearing.
Design patent default: Chubby Gorilla shuts down ZNPP’s online sales
Chubby Gorilla, Inc. filed suit on January 6, 2025 in the U.S. District Court for the Northern District of Illinois against ZNPP CO., LTD, a foreign entity, alleging infringement of design patent USD991037S (application no. 29/765567) covering the ornamental design of a bottle, as well as misappropriation of Chubby Gorilla’s distinctive ‘Unicorn Trade Dress.’ The infringing products — identified in Exhibit 1 of the complaint — were sold through online marketplaces including platforms connected to the Alibaba ecosystem.
ZNPP CO., LTD failed to appear or respond, and the court entered a default judgment on April 2, 2025 — 86 days after filing. Judge Sara L. Ellis ordered a permanent injunction barring manufacture, import, sale, and distribution of infringing products. Under 35 U.S.C. § 289, Chubby Gorilla was awarded the defendant’s profits from infringing sales, with a floor of $250. Third-party payment processors including Alibaba, PayPal, Stripe, LianLian, and Payoneer were ordered to freeze and transfer the defendant’s account funds to the plaintiff within 14 days.
The 86-day resolution is consistent with uncontested default proceedings against foreign e-commerce defendants — a recurring enforcement pattern in consumer goods IP litigation. The defendant’s absence likely reflects either inability or unwillingness to engage with U.S. courts. What remains unknown is the total quantum of profits ultimately recovered, as the judgment sets only a $250 floor and authorizes supplemental proceedings if additional accounts are identified. The case signals Chubby Gorilla’s active willingness to pursue design patent enforcement against online marketplace sellers.
Filing to Default Judgment in 86 days
86 days — resolved at speed typical of uncontested default proceedings
Default judgment entered: injunction, profit disgorgement, and asset freeze
Default judgment: defendant’s silence becomes plaintiff’s win
When a defendant fails to appear or respond, the court may enter a default judgment under Fed. R. Civ. P. 55. Here, ZNPP CO., LTD did not contest the claims, and Judge Ellis entered judgment for Chubby Gorilla. This is not a merits adjudication — it is a procedural win, but carries full legal force: the injunction and profit award are enforceable against the defendant and cooperating third parties.
Fed. R. Civ. P. 55 defaultChubby Gorilla wins injunction, profits, and frozen assets
Chubby Gorilla secured broad relief: a permanent injunction covering manufacture, import, sale, and online listing of infringing products; a profit disgorgement award under 35 U.S.C. § 289; and a third-party asset freeze order directed at Alibaba, PayPal, Stripe, LianLian, and Payoneer. The plaintiff also recovered its $10,000 bond. Supplemental enforcement proceedings remain authorised if further accounts are identified.
Full relief grantedZNPP faces injunction and account seizure after non-appearance
ZNPP CO., LTD’s failure to appear left it with no avenue to contest liability or damages. The court’s order binds not only the defendant but all persons acting in concert with it. Financial accounts across multiple payment platforms were frozen and transferred to the plaintiff. Any continued sale of products not colorably different from those in Exhibit 1 would constitute contempt of court — a significant ongoing legal exposure.
No defence filed; assets seizedOnline marketplace sellers face coordinated third-party enforcement
This case illustrates how design patent holders can use default judgments to compel cooperation from major platform providers — Alibaba, PayPal, Stripe — without the defendant’s participation. For e-commerce sellers sourcing generic-look bottle products, the risk is not just injunction but immediate account freezing. The § 289 profit disgorgement remedy means the entire article’s profit is potentially at risk, not merely a reasonable royalty.
Platform-level enforcement riskFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Chubby Gorilla, Inc. | Company | Consumer goods brand — holder of bottle design patent USD991037S and Unicorn Trade DressSearch in Eureka ↗ |
| Defendant | ZNPP CO., LTD | Company | ZNPP CO., LTD — foreign entity selling allegedly infringing bottles via online marketplacesSearch 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 order is unusually comprehensive in scope, binding not only ZNPP CO., LTD but also unnamed third parties ‘acting in active concert’ and major payment platforms by name. The profit floor of $250 under § 289 is nominal — the operative recovery is the full balance of defendant’s frozen accounts. Because this is a default (not a contested merits ruling), the infringement findings have not been tested adversarially, but carry full injunctive force and are enforceable through contempt proceedings.
USD991037S — Ornamental bottle design, consumer packaging
USD991037S, filed under application number 29/765567, is a U.S. design patent protecting the ornamental appearance of a bottle — the visual design elements that distinguish it in the marketplace, not its functional construction. Design patents grant 15-year protection from grant date and are assessed under the ‘ordinary observer’ test: would an ordinary consumer confuse the accused design with the patented one? The Unicorn Trade Dress asserted alongside the patent adds a secondary layer of protection for the distinctive visual identity of Chubby Gorilla’s product line.
In consumer goods, bottle design patents carry significant commercial weight because they capture the product aesthetic that drives brand recognition and purchase decisions. The § 289 profit disgorgement remedy — available only for design patent infringement — makes these patents especially dangerous for infringing e-commerce sellers: the entire profit on each infringing article is recoverable. For companies in the bottle, liquid packaging, vaping accessories, or related consumer product sectors, USD991037S represents an active enforcement risk, particularly for products sold through Alibaba-connected or U.S. online marketplaces.
Should your bottle product team run an FTO against USD991037S?
Any company designing, importing, or selling bottles — particularly squeeze-style, dropper, or decoratively styled consumer bottles — in the U.S. market should assess clearance against USD991037S. The injunction’s ‘not colorably different’ scope means look-alike designs without direct copying may still be captured. This is especially relevant for manufacturers sourcing from Chinese suppliers whose product lines overlap with Chubby Gorilla’s Unicorn-branded range.
PatSnap Eureka’s FTO Search Agent can map USD991037S’s ornamental claim scope against your product design, surface related design patent families, and flag continuation applications that could extend enforcement reach. Given Chubby Gorilla’s demonstrated willingness to pursue default judgments on fast timelines, early-stage FTO analysis is a lower-cost alternative to reactive litigation defence.
Run a freedom-to-operate analysis on USD0991037S to assess your product’s exposure
Run FTO in Eureka →Similar bottle design patent infringement cases in N.D. Illinois
Explore comparable design patent and trade dress infringement actions against online marketplace sellers litigated in the Northern District of Illinois federal courts.
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 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 consumer goods design patent enforcement
Default judgments against foreign online sellers are a growing enforcement tool — and this case shows exactly how they work.
Design patents are potent against online marketplace counterfeiters
USD991037S — a bottle ornamental design — was sufficient to secure a full injunction and profit disgorgement. Design patents are increasingly used in consumer goods because § 289 makes the entire infringer’s profit on the article recoverable, not just a royalty — a powerful economic lever against volume sellers.
Third-party payment processor orders reshape enforcement geography
By naming Alibaba, PayPal, Stripe, LianLian, and Payoneer in the injunction, Chubby Gorilla enforced against the defendant’s revenue streams even without physical jurisdiction. IP holders in consumer goods should build third-party enforcement into their litigation strategy from day one.
How to identify whether your bottle design overlaps with USD991037S
The ‘not colorably different’ standard from Egyptian Goddess means even minor design variants can be captured by this injunction. Companies importing or selling squeeze bottles, dropper bottles, or unicorn-themed containers should conduct a formal design clearance against USD991037S before entering the U.S. market.
Chubby Gorilla’s enforcement posture: portfolio monitoring alert
This filing suggests Chubby Gorilla actively monitors online marketplaces for design infringement and is willing to move quickly to default judgment. Competitors and contract manufacturers supplying similar bottle designs should monitor the plaintiff’s patent portfolio for new filings and continuation applications.
Chubby v ZNPP — key questions answered
Judge Sara L. Ellis entered a default judgment ordering a comprehensive injunction against ZNPP CO., LTD, prohibiting manufacture, import, sale, and online listing of products infringing design patent USD991037S and the Unicorn Trade Dress. The court also ordered disgorgement of profits under 35 U.S.C. § 289 (minimum $250) and directed Alibaba, PayPal, Stripe, LianLian, and Payoneer to freeze and transfer the defendant’s account funds to Chubby Gorilla within 14 days.
USD991037S (application no. 29/765567) is a U.S. design patent owned by Chubby Gorilla, Inc. protecting the ornamental appearance of a bottle. Design patents protect the visual design of an article of manufacture, not its functional aspects. The patent is enforced under the ‘ordinary observer’ standard and allows disgorgement of the infringer’s total profits under 35 U.S.C. § 289.
ZNPP CO., LTD failed to appear or file any response after being served. Under Federal Rule of Civil Procedure 55, when a defendant fails to plead or otherwise defend, the court may enter a default judgment. The case resolved in 86 days from filing — consistent with uncontested proceedings against foreign e-commerce defendants who do not engage with U.S. courts.
Section 289 provides a design-patent-specific remedy allowing a patent holder to recover the infringer’s total profits from the sale of any article incorporating the infringing design. Unlike utility patent damages, which may be limited to a reasonable royalty, § 289 captures the full profit on each infringing article. The court set a $250 floor but authorised recovery of all remaining funds in the defendant’s payment accounts — making the remedy far more powerful than a royalty calculation.
The ‘Unicorn Trade Dress’ refers to the distinctive visual appearance or branding elements of Chubby Gorilla’s bottle product line — likely encompassing the overall look, colour scheme, or shape associated with the brand. Trade dress protection under the Lanham Act covers non-functional product features that identify source. The court’s injunction prohibits ZNPP from using any colourable imitation of this trade dress, extending protection beyond the specific design patent claims.
Monitor design patent enforcement in consumer goods and bottle IP
Run an FTO against USD991037S before importing or launching bottle products in the U.S. market. PatSnap Eureka tracks Chubby Gorilla’s active portfolio and flags new design filings that could expand the enforcement perimeter.
PatSnap Eureka searches patents and litigation data to answer instantly.