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Dyson Technology v. Schedule A Defendants — Design Patent Infringement | PatSnap
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Case ID1:24-cv-08188
FiledSep 2024
ClosedNov 2024
Patent Litigation

Dyson Technology v. Schedule A Defendants: Design Patent Consent Judgment in 73 Days

Dyson Technology Limited brought a design patent infringement action in the Northern District of Illinois against anonymous e-commerce sellers operating on Walmart’s marketplace, asserting U.S. Patent No. D853,642 covering its hair styling apparatus. The case resolved in just 73 days via consent judgment, with defendants paying $5,000 in damages and accepting a permanent injunction.

Resolution time
73days
73 days — well under the median district court IP case duration of 2–3 years
Patents asserted
1
USD853,642 — Dyson hair styling and hair care apparatus design patent
Outcome
Consent Judgment
Settled with court-ordered $5,000 damages and permanent injunction against defendants
Cost ruling
Each Party Bears Own Costs
No attorney fee award; each party responsible for its own legal costs per court order
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

Dyson’s Schedule A Strategy: Swift Design Patent Enforcement via Consent Judgment

On September 9, 2024, Dyson Technology Limited filed suit in the U.S. District Court for the Northern District of Illinois against a group of anonymous e-commerce sellers — identified on a sealed Schedule A — alleging infringement of U.S. Design Patent No. D853,642, which protects the ornamental design of Dyson’s hair styling and hair care apparatus. The defendants operated storefronts on Walmart’s marketplace, targeting U.S. consumers and accepting payment in U.S. dollars.

The case closed on November 21, 2024, via a court-entered consent judgment — a hybrid resolution combining a negotiated settlement with a binding judicial order. Three named defendants (foshanshihaobangyeshangmao, zhaoliangfashangmao, and Zhiding co., ltd) agreed to pay Dyson $5,000 in total damages and are now permanently enjoined from offering, selling, or importing the infringing products. Walmart was separately ordered to transfer the damages amount from defendants’ frozen accounts within seven days.

The 73-day resolution is notably rapid, consistent with the coercive effect of asset-freezing TROs that are standard in Schedule A cases filed in the N.D. Illinois. The $5,000 damages figure likely reflects a negotiated floor rather than full compensatory or statutory damages, suggesting defendants settled quickly to restore frozen accounts. The dismissal carries a 180-day reinstatement window, automatically converting to dismissal with prejudice if no motion to reinstate is filed — a mechanism that incentivises defendants to honour the settlement terms.

Case at a glance
Case no.1:24-cv-08188
CourtIllinois Northern
JudgeJorge L. Alonso
FiledSeptember 9, 2024
ClosedNovember 21, 2024
Duration73 days
OutcomeConsent Judgment
Verdict causeInfringement Action
BasisConsent 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 Consent Judgment in 73 days

73 days — well under the median district court IP case duration of 2–3 years

Case timeline: Complaint filed SEP 9 2024, OCT–NOV — 73 days total Horizontal timeline showing the three key events in Dyson Technology Limited v The Partnerships and Unincorporated Associations Identified on Schedule A from filing to resolution. Source: PACER, Illinois Northern District Court. SEP 9 2024 Complaint filed Pre-trial proceedings NOV 21 2024 Consent Judgment 73 DAYS TOTAL
Settlement terms

Consent judgment entered: what the order means for both parties

Legal mechanism

Consent judgment: a court-enforceable settlement

A consent judgment is not merely a private settlement — it is a court order that carries the full enforcement power of the judiciary. Defendants who violate its terms risk contempt proceedings, not just a new lawsuit. Here, the court made an explicit finding of personal jurisdiction and liability under 35 U.S.C. § 271, meaning the infringement finding is on the public record, even though damages were negotiated.

Binding judicial order
Plaintiff outcome

Dyson secures injunction and frozen-fund recovery

Dyson achieves its primary enforcement objectives: a permanent injunction prohibiting defendants from selling or importing the infringing product, and recovery of $5,000 from accounts already frozen under the TRO. The court-entered liability finding strengthens Dyson’s position in any future enforcement actions against similar sellers copying the same design. Dyson bears its own legal costs, suggesting the $5,000 recovery is largely symbolic relative to litigation spend.

Permanent injunction granted
Defendant outcome

Defendants face permanent injunction and account restraints lifted conditionally

Upon Walmart transferring the $5,000 damages amount, defendants’ frozen e-commerce accounts and financial accounts are released from restraint. However, the permanent injunction remains fully in force — defendants are barred from selling the infringing product in any form going forward. The 180-day reinstatement clause creates ongoing exposure: if defendants breach the settlement, Dyson can seek to reopen the case within that window.

Accounts unfrozen on payment
Commercial implications

TRO-to-settlement pipeline signals effective deterrence strategy

This case exemplifies Dyson’s mass-enforcement approach against counterfeit and knock-off e-commerce sellers. The rapid resolution — driven by frozen Walmart accounts — suggests the Schedule A / TRO strategy is commercially effective at forcing quick settlements. Other sellers of hair appliance products on U.S. marketplace platforms should treat this as a live signal that Dyson actively monitors and enforces its design patent portfolio with speed and precision.

Design patent enforcement signal
Legal analysis based on PACER docket records for case 1:24-cv-08188 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffDyson Technology LimitedIndividualGlobal consumer electronics company — holder of design patent USD853,642 for hair styling apparatusSearch in Eureka ↗
DefendantThe Partnerships and Unincorporated Associations Identified on Schedule AIndividualAnonymous e-commerce sellers operating Walmart marketplace storefronts, allegedly shipping infringing products to U.S. consumersSearch in Eureka ↗
Plaintiff counselAndrew Daniel BurnhamAttorneyCounsel for Dyson Technology LimitedSearch in Eureka ↗
Plaintiff counselJustin R. GaudioAttorneyCounsel for Dyson Technology LimitedSearch in Eureka ↗
Plaintiff counselJustin Tyler JosephAttorneyCounsel for Dyson Technology LimitedSearch in Eureka ↗
Plaintiff counselLawrence J. CrainAttorneyCounsel for Dyson Technology LimitedSearch in Eureka ↗
Plaintiff law firmGreer, Burns & Crain, Ltd.Law FirmRepresenting Dyson Technology LimitedSearch in Eureka ↗
Presiding judgeJudge Jorge L. AlonsoJudgeIllinois Northern District CourtSearch in Eureka ↗
Official verdict

Official order — verbatim text

“This action having been commenced by Plaintiff Dyson Technology Limited (“Plaintiff”) against Defendants foshanshihaobangyeshangmao (Def. No. 64), zhaoliangfashangmao (Def. No. 83), and Zhiding co., ltd (Def. No. 84) (collectively, “Defendants”). Plaintiff and Defendants have resolved all claims arising from the allegations in the Complaint. THIS COURT HEREBY FINDS that it has personal jurisdiction over Defendants since Defendants directly target their business activities toward consumers in the United States, including Illinois. “In the context of cases like this one, that means a plaintiff must show that each defendant is actually operating an interactive website that is accessible in Illinois and that each defendant has aimed such site at Illinois by standing ready, willing and able to ship its [infringing] goods to customers in Illinois in particular (or otherwise has some sufficient voluntary contacts with the state).” Am. Bridal & Prom Indus. Ass’n v. P’ships & Unincorporated Ass’ns Identified on Schedule A, 192 F. Supp. 3d 924, 934 (N.D. Ill. 2016). Specifically, 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, offered shipping to the United States, including Illinois, accepted payment in U.S. dollars and/or funds from U.S. bank accounts, and has sold products featuring Plaintiff’s patented design U.S. Case: 1:24-cv-08188 Document #: 54 Filed: 11/21/24 Page 1 of 4 PageID #:1187 2 Patent No. D853,642 to residents of Illinois (the “Infringing Product). Plaintiff’s U.S. Patent No. D853,642 (the “Dyson Design”) is shown in the below chart. Patent Number Claim Issue Date D853,642 July 9, 2019 Case: 1:24-cv-08188 Document #: 54 Filed: 11/21/24 Page 2 of 4 PageID #:1188 3 Patent Number Claim Issue Date THIS COURT FURTHER FINDS that Defendant is liable for patent infringement (35 U.S.C. § 271). IT IS HEREBY ORDERED that: 1. Defendants, their officers, agents, servants, employees, attorneys, and all persons acting for, with, by, through, under, or in active concert with it 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. Pursuant to the parties’ settlement agreement, Defendants shall pay Plaintiff in total $5,000 (five thousand dollars) in damages (the “Damages Amount”). Case: 1:24-cv-08188 Document #: 54 Filed: 11/21/24 Page 3 of 4 PageID #:1189 4 3. Walmart Inc. (“Walmart”) is ordered to transfer the Damages Amount from Defendants’ accounts to Plaintiff within seven (7) calendar days of receipt of this Order. 4. Upon Walmart’s transfer of Damages Amount to Plaintiff pursuant to paragraph 2, Walmart shall remove any restraints that were placed on Defendant’s e-commerce store and financial account pursuant to the Temporary Restraining Order [22]. 5. This case is dismissed with leave to reinstate within one hundred and eighty (180) days, at such time, absent a motion to reinstate, shall automatically convert to a dismissal with prejudice. 6. Each party shall bear its own attorney’s fees and costs. IT IS SO ORDERED.”
Source: PACER Docket, Case 1:24-cv-08188, Illinois Northern District Court

The consent judgment is notable for containing an explicit judicial finding of liability under 35 U.S.C. § 271, not merely a settlement recital. This means the court went beyond rubber-stamping a private deal — it made a record finding that defendants infringed D853,642. For Dyson, this creates useful precedent in future enforcement actions. The personal jurisdiction analysis, citing Am. Bridal & Prom, also confirms that operating an interactive e-commerce store shipping to Illinois is sufficient to establish jurisdiction, a point with broad implications for all cross-border marketplace sellers.

PACER case 1:24-cv-08188 · Public docket record Explore in Eureka ↗
Patent at issue

USD853,642 — Dyson hair styling and hair care apparatus ornamental design

Publication No.USD0853642S
Application No.US29/627749
Patent details
ProductOrnamental design of a hair styling and hair care apparatus
Cited in actionSeptember 9, 2024

U.S. Design Patent No. D853,642 (application no. 29/627,749) issued on July 9, 2019, and protects the ornamental design of Dyson’s hair styling and hair care apparatus — widely associated with the Dyson Airwrap or similar premium styling tools. Design patents protect visual appearance rather than functional features, meaning any product that closely resembles the claimed design in the eyes of an ordinary observer may constitute infringement, irrespective of how the product works internally.

D853,642 is strategically significant because Dyson’s hair care product line commands premium retail positioning globally, making it a persistent target for counterfeit and lookalike products on e-commerce platforms. A valid, issued design patent gives Dyson a low-burden enforcement tool: unlike utility patents, design patent infringement does not require claim construction of technical limitations — the visual comparison test is more accessible in motion practice. This makes D853,642 well-suited to the mass-enforcement Schedule A litigation model Dyson is deploying.

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

Should you run an FTO against USD853,642?

Any company designing, importing, or distributing hair styling appliances — including hair dryers, curling tools, airwrap-style devices, or multi-function styling tools — for sale in the U.S. market should assess their exposure to D853,642. The ordinary observer test for design patents casts a wider net than utility patent claims: a product need not be identical, only substantially similar in overall visual impression. Given Dyson’s demonstrated willingness to pursue marketplace sellers aggressively, a proactive FTO review is commercially prudent before U.S. launch or marketplace listing.

PatSnap Eureka’s FTO Search Agent can map the visual claim scope of D853,642 against your product’s design, identify related Dyson design patent families, and surface prior art that may bear on validity. Eureka can also monitor Dyson’s ongoing filing activity to flag new design applications in the hair care category, giving R&D and product teams early warning of emerging IP barriers before they reach enforcement stage.

PatSnap Eureka FTO Search

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Related litigation

Similar design patent enforcement cases in N.D. Illinois hair care sector

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Strategic implications

What this case signals for the consumer electronics IP enforcement landscape

Dyson’s 73-day enforcement cycle against marketplace sellers illustrates how design patents and TRO procedures combine to create rapid commercial leverage.

Schedule A + TRO is a proven enforcement playbook in N.D. Illinois

The Northern District of Illinois is a favoured venue for brand owners pursuing anonymous e-commerce infringers. The combination of a sealed Schedule A defendant list, a swift ex parte TRO, and Walmart/Amazon account freezes creates asymmetric pressure that drives fast settlements. Dyson’s 73-day close is consistent with this pattern.

Design patent D853,642 remains fully enforceable and actively asserted

The consent judgment confirms that D853,642 survived this enforcement action with no validity challenge raised. Any company sourcing or distributing hair styling apparatus with a design similar to Dyson’s should conduct a freedom-to-operate review against this patent before entering the U.S. market.

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Frequently asked questions

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Protect your hair care product design before entering the U.S. market

Dyson’s active Schedule A enforcement programme means design exposure risk is real and fast-moving. Run an FTO analysis against D853,642 and monitor Dyson’s patent filings with PatSnap Eureka to stay ahead of enforcement activity.

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