“This action having been commenced by Plaintiff Deckers Outdoor Corporation (“Plaintiff” or “Deckers”) against the defendants identified on Schedule A, with the exception of Defendant Hefei City Shoes Imp. & Exp. Co., Ltd (Def. No. 1), and using the Online Marketplace Accounts identified on Schedule A (collectively, the “Defendant Internet Stores”), and Plaintiff having moved for entry of Default and Default Judgment against the defendants identified on Schedule A attached hereto which have not yet been dismissed from this case (collectively, “Defaulting Defendants”); This Court having entered a preliminary injunction; 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 domain name registrars and payment processors, being notice reasonably calculated under all circumstances to apprise Defaulting Defendants of the pendency of the action and affording them the opportunity to answer and present their objections; and Case: 1:24-cv-00805 Document #: 57 Filed: 05/02/24 Page 1 of 10 PageID #:2069 2 None of the Defaulting Defendants having 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; This Court finds that it has personal jurisdiction over Defaulting Defendants because Defaulting Defendants directly target their business activities toward consumers in the United States, including Illinois. Specifically, Plaintiff has provided a basis to conclude that Defaulting Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more seller aliases, offer shipping to the United States, including Illinois, and have sold the footwear shown in Exhibit 1 to the Complaint [3] that infringes Plaintiff’s U.S. Patent No. D927,161 (the “Infringing Products”) to residents of Illinois. In this case, Plaintiff has presented screenshot evidence that each Defendant e-commerce store is 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 Infringing Products. See Docket Nos. [3][19], which includes screenshot evidence confirming that each Defendant e-commerce store does stand ready, willing and able to ship its Infringing Products to customers in Illinois. Plaintiff’s U.S. Patent No. D927,161 (the “UGG Design”) is shown in the chart below. Case: 1:24-cv-00805 Document #: 57 Filed: 05/02/24 Page 2 of 10 PageID #:2070 3 Patent Number Claim Issue Date D927,161 August 10, 2021 This Court further finds that Defaulting Defendants are liable for patent infringement (35 U.S.C. § 271). Case: 1:24-cv-00805 Document #: 57 Filed: 05/02/24 Page 3 of 10 PageID #:2071 4 Accordingly, this Court orders that Plaintiff’s Motion for Entry of Default and Default Judgment is GRANTED as follows, that Defaulting Defendants are deemed in default, and that this Default Judgment is entered against Defaulting Defendants. This Court further orders 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 permanently enjoined and restrained from: a. offering for sale, selling, and importing the Infringing Product; b. aiding, abetting, contributing to, or otherwise assisting anyone in offering for sale, selling, and importing the Infringing Product; and c. effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth in Subparagraphs (a) and (b). 2. Defaulting Defendants and any third party with actual notice of this Order who is providing services for any of the Defaulting Defendants, or in connection with any of the Defaulting Defendants’ Online Marketplaces, including, without limitation, any online marketplace platforms such as eBay, Inc. (“eBay”), AliExpress, Alibaba Group Holding Ltd. (“Alibaba”), Amazon.com, Inc. (“Amazon”), ContextLogic, Inc. d/b/a Wish.com (“Wish.com”), WhaleCo, Inc. (“Temu”), Walmart Inc. (“Walmart”), and DHgate (collectively, the “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 Marketplace Accounts, or any other online marketplace account Case: 1:24-cv-00805 Document #: 57 Filed: 05/02/24 Page 4 of 10 PageID #:2072 5 that is being used to sell or is the means by which Defaulting Defendants could continue to sell Infringing Products; and b. operating and/or hosting websites that are involved with the distribution, marketing, advertising, offering for sale, or sale of Infringing Products. 3. Upon Plaintiff’s request, those with notice of this Order, including the Third Party Providers as defined in Paragraph 2, shall within seven (7) calendar days after receipt of such notice, disable and cease displaying any advertisements used by or associated with Defaulting Defendants in connection with the sale of Infringing Products. 4. Pursuant to 35 U.S.C. § 289, Plaintiff is awarded profits from each of the Defaulting Defendants for the sale of the Infringing Products sold through at least the Defaulting Defendants’ Internet Stores according to the below chart: Defendant Award Henan Irwoods Industries Co., Ltd. $3,634 Luxes Origin (shenzhen) Industrial Co., Ltd. $250 Yiwu Wenyan Trading Co., Ltd. $250 A3A49IWTU2EM0O $250 anzh939 $250 CHENZHIMINGfeiyuczm123 $250 DUOCOVER $250 haoyun-us $587 Hu Yuting Store $250 jianglunxing $477 JIAYUN SHOES $2,067 JUMENGHUAN $250 KangChiBaiHuoDian $509 LIXISM $1,445 Maleaf $592 PXJD SHOP $250 QINMINGXIAODIAN $250 ROEDE NO9 $2,801 rongguandianzishangmaogongzuoshi $1,374 sheng-pai $4,048 Sitongnade INTRACO Ltd $2,298 Case: 1:24-cv-00805 Document #: 57 Filed: 05/02/24 Page 5 of 10 PageID #:2073 6 SZBMZ $3,636 TALKING $418 UGGjgnah.llc $250 Weixi Convenience Store $250 WEIXL.LLC $250 xiuming shop $5,259 YiChangBaoJiXinXiKeJiYouXianGongSi $676 YYang SHOP $682 ZAAHUIYANG $250 cheaphandbags $308 dayremit $2,305 dh_fast_store $269 dhsneakersnstuff $250 dhtop3 $250 diao06 $250 fc_flightclub $461 fenghou19834190 $250 ff_shoes22 $250 georgez321 $1,211 heatshoes $4,172 hl853688633 $250 jinshiyuan1999 $250 jiuwans $250 maimaimaidh $609 mans_sneakers $250 misihan06 $250 poolslipper574 $250 qiyue09 $250 runningshoes_th $1,307 shoes_03 $1,476 sportswordshoes $4,802 sts_016 $250 supshoesbest $250 trainers01 $250 wangleliang $250 Chaumet $2,005 KK Cotton Boots $250 5. Any Third Party Providers holding funds for Defaulting Defendants, including PayPal, Inc. (“PayPal”), eBay, Alipay, Alibaba, Wish.com, Temu, Walmart, Ant Financial Services Case: 1:24-cv-00805 Document #: 57 Filed: 05/02/24 Page 6 of 10 PageID #:2074 7 Group (“Ant Financial”), and Amazon Pay, shall, within seven (7) calendar days of receipt of this Order, permanently restrain and enjoin any accounts connected to Defaulting Defendants or the Defendant Internet Stores from transferring or disposing of any funds (up to the profit awarded in Paragraph 4 above) or other of Defaulting Defendants’ assets. 6. All monies (up to the amount of the profit awarded in Paragraph 4 above) currently restrained in Defaulting Defendants’ financial accounts, including monies held by Third Party Providers such as PayPal, eBay, Alipay, Alibaba, Temu, Wish.com, Ant Financial, and Amazon Pay, are hereby released to Plaintiff as partial payment of the above-identified damages, and Third Party Providers, including PayPal, eBay, Alipay, Alibaba, Wish.com, Temu, Walmart, Ant Financial, and Amazon Pay, are ordered to release to Plaintiff the amounts from 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 any Defaulting Defendant, Plaintiff shall have the ongoing authority to commence supplemental proceedings under Federal Rule of Civil Procedure 69. 8. In the event that Plaintiff identifies any additional online marketplace accounts or financial accounts owned by Defaulting Defendants, Plaintiff may send notice of any supplemental proceeding, including a citation to discover assets, to Defaulting Defendants by e-mail at the e-mail addresses identified in Exhibit 2 to the Declaration of Laurie Rose Lubiano and any e-mail addresses provided for Defaulting Defendants by third parties. 9. To obtain release of the bond previously posted in this action, Plaintiff’s counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any Defendant. Case: 1:24-cv-00805 Document #: 57 Filed: 05/02/24 Page 7 of 10 PageID #:2075 8 This Court, having determined that there is no just reason for delay, orders that this is a Final Judgment against the Defaulting Defendants.”