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Chubby Gorilla v. ZNPP CO. — Design Patent & Trade Dress Infringement | PatSnap
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Case ID1:25-cv-00118
FiledJan 2025
ClosedApr 2025
Patent Litigation

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.

Resolution time
86days
86 days — resolved at speed typical of uncontested default proceedings
Patents asserted
1
USD991037S (App. No. 29/765567) — ornamental bottle design, consumer goods
Outcome
Default Judgment
Plaintiff wins on default; full injunction and profit disgorgement ordered
Cost ruling
$10,000 Bond
Plaintiff’s $10,000 cash bond released back to counsel upon judgment
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

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.

Case at a glance
Case no.1:25-cv-00118
DefendantZNPP CO., LTD
CourtIllinois Northern
JudgeSara L. Ellis
FiledJanuary 6, 2025
ClosedApril 2, 2025
Duration86 days
OutcomeDefault Judgment
Verdict causeInfringement Action
BasisDefault Judgment
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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 86 days

86 days — resolved at speed typical of uncontested default proceedings

Case timeline: Complaint filed JAN 6 2025, FEB–MAR — 86 days total Horizontal timeline showing the three key events in Chubby Gorilla, Inc. v ZNPP CO., LTD from filing to resolution. Source: PACER, Illinois Northern District Court. JAN 6 2025 Complaint filed Pre-trial proceedings APR 2 2025 Default Judgment 86 DAYS TOTAL
Default judgment

Default judgment entered: injunction, profit disgorgement, and asset freeze

Legal mechanism

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 default
Plaintiff outcome

Chubby 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 granted
Defendant outcome

ZNPP 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 seized
Commercial implications

Online 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 risk
Legal analysis based on PACER docket records for case 1:25-cv-00118 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffChubby Gorilla, Inc.CompanyConsumer goods brand — holder of bottle design patent USD991037S and Unicorn Trade DressSearch in Eureka ↗
DefendantZNPP CO., LTDCompanyZNPP CO., LTD — foreign entity selling allegedly infringing bottles via online marketplacesSearch 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 to 5-8] 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 to 5-8]; 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 to 5-8]. 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 1:25-cv-00118, Illinois Northern District Court

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.

PACER case 1:25-cv-00118 · Public docket record Explore in Eureka ↗
Patent at issue

USD991037S — Ornamental bottle design, consumer packaging

Publication No.USD0991037S
Application No.US29/765567
Patent details
ProductOrnamental design of a bottle for consumer goods and liquid packaging
Cited in actionJanuary 6, 2025

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.

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

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.

PatSnap Eureka FTO Search

Run a freedom-to-operate analysis on USD0991037S to assess your product’s exposure

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Related litigation

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.

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Strategic implications

What 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.

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Full strategic analysis in PatSnap Eureka
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Design clearance checklist§ 289 profit exposure modelChubby Gorilla patent portfolio
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Frequently asked questions

Chubby v ZNPP — key questions answered

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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.

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