Dyson v. Schedule A Sellers: Default Judgment for Hair Styling Design Patent Infringement
Dyson Technology Limited secured default judgment against 27 online marketplace sellers within 63 days of filing, asserting design patents D852,415 and D853,642 covering its iconic hair styling product designs. The court awarded damages under 35 U.S.C. § 289 and issued a permanent injunction, with third-party platforms including Amazon, PayPal, and Walmart ordered to freeze and release seller funds.
Dyson’s Design Patents Survive 27-Seller Counterfeiting Ring in 63 Days
On October 15, 2025, Dyson Technology Limited filed suit in the Northern District of Illinois against a group of anonymous e-commerce sellers identified only on Schedule A, alleging design patent infringement of U.S. Patent Nos. D852,415 and D853,642 — both covering ornamental designs for hair styling and hair care apparatus. The defendants operated across major online marketplaces including Amazon, eBay, and Walmart, selling copycat products that Dyson alleged replicated the protected visual designs of its hair styling devices.
The case closed on December 17, 2025 — just 63 days after filing — via default judgment entered by Judge Thomas M. Durkin. None of the 27 defaulting defendants appeared or answered, causing the complaint’s allegations to be deemed admitted. The court found personal jurisdiction over all defendants based on their deliberate targeting of Illinois consumers through active e-commerce storefronts, entered a permanent injunction, and awarded disgorgement of infringer profits under 35 U.S.C. § 289, ranging from $250.00 to $282.79 per seller.
The 63-day resolution is notably swift even by Schedule A standards, consistent with an aggressive TRO-to-default pipeline employed by Dyson’s counsel at Greer, Burns & Crain. The absence of any defense response suggests defendants were likely overseas operators with limited U.S. presence. What remains unknown from the public record is the total number of defendants originally named — the final judgment covers 27 sellers, and others appear to have been dismissed prior to the default judgment, suggesting earlier settlements or voluntary dismissals as to some parties.
Filing to Default Judgment in 63 days
63 days — faster than the typical Schedule A default cycle of 90–120 days
Default judgment entered: what the ruling means for Dyson and the defendants
Default judgment: allegations deemed admitted, no merits contest
A default judgment under Federal Rule of Civil Procedure 55 is entered when defendants fail to appear or respond. The court deems all well-pleaded complaint allegations admitted. Here, Judge Durkin found design patent infringement under 35 U.S.C. § 271 established by Dyson’s uncontroverted evidence. Defendants forfeited their right to challenge infringement, invalidity, or damages by non-appearance.
FRCP 55 — no contest on meritsDyson secures permanent injunction and profit disgorgement
Dyson obtained a permanent injunction barring all 27 defendants from selling, importing, or aiding sale of infringing products. Under 35 U.S.C. § 289, Dyson is entitled to total infringer profits — not merely lost profits — from the sale of infringing articles. Third-party platforms were ordered to freeze and release funds within 14 days. The $17,000 surety bond posted by Dyson was also returned.
§ 289 total profits — permanent injunctionSellers face account freezes, fund seizure, and permanent market ban
All 27 defaulting defendants are permanently restrained from selling infringing products. Their marketplace accounts and financial accounts held by PayPal, Amazon, and Walmart are frozen and funds released to Dyson. Defendants cannot transfer assets or create new entities to circumvent the order. The court reserved Dyson’s right to pursue supplemental enforcement proceedings to recover any shortfall.
Account freeze — funds transferred to DysonSchedule A enforcement: a scalable anti-counterfeiting tool for design patents
This case exemplifies the Schedule A model: file, obtain a TRO, serve electronically, and pursue default against non-appearing offshore sellers. For premium consumer electronics brands, design patents covering product aesthetics are a critical enforcement lever against counterfeit and copycat e-commerce listings. The 63-day cycle demonstrates how effectively U.S. courts can disrupt online counterfeit networks targeting domestic consumers.
Design patent enforcement — e-commerce counterfeit riskFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Dyson Technology Limited | Individual | Global consumer technology company — holder of design patents D852,415 and D853,642Search in Eureka ↗ |
| Defendant | The Partnerships and Unincorporated Associations Identified on Schedule A | Individual | 27 anonymous online marketplace sellers targeting U.S. consumers with infringing hair styling productsSearch in Eureka ↗ |
| Plaintiff counsel | Andrew Daniel Burnham | Attorney | Counsel for Dyson Technology LimitedSearch in Eureka ↗ |
| Plaintiff counsel | Justin R. Gaudio | Attorney | Counsel for Dyson Technology LimitedSearch in Eureka ↗ |
| Plaintiff counsel | Justin Tyler Joseph | Attorney | Counsel for Dyson Technology LimitedSearch in Eureka ↗ |
| Plaintiff counsel | Lawrence J. Crain | Attorney | Counsel for Dyson Technology LimitedSearch in Eureka ↗ |
| Plaintiff counsel | Lucas Allen Peterson | Attorney | Counsel for Dyson Technology LimitedSearch in Eureka ↗ |
| Plaintiff counsel | Thomas Joseph Juettner | Attorney | Counsel for Dyson Technology LimitedSearch in Eureka ↗ |
| Plaintiff law firm | Greer, Burns & Crain, Ltd. | Law Firm | Representing Dyson Technology LimitedSearch in Eureka ↗ |
| Plaintiff law firm | Husch Blackwell LLP | Law Firm | Representing Dyson Technology LimitedSearch in Eureka ↗ |
| Presiding judge | Judge Thomas M. Durkin | Judge | Illinois Northern District CourtSearch in Eureka ↗ |
Official order — verbatim text
The default judgment finds design patent infringement established by Dyson’s uncontroverted evidence, with all complaint allegations deemed admitted. The court’s invocation of 35 U.S.C. § 289 — the total profits remedy specific to design patent infringement — is significant: unlike utility patent damages, § 289 awards the defendant’s entire profit on the infringing article, not apportioned to the patented feature. The permanent injunction and fund-transfer mechanism directed at major platforms reflect the court’s willingness to treat non-appearing defendants’ marketplace infrastructure as subject to immediate judicial control.
USD852,415 & USD853,642 — Dyson Hair Styling Apparatus Ornamental Designs
U.S. Design Patents D852,415 (issued June 25, 2019) and D853,642 (issued July 9, 2019) protect the ornamental appearance — not functional features — of Dyson’s hair styling and hair care apparatus. Both patents originate from applications filed as U.S. 29/627,707 and 29/627,749 respectively. Design patents under 35 U.S.C. § 171 protect the novel, ornamental characteristics of a manufactured article, and their scope is assessed under the ordinary observer test established in Egyptian Goddess v. Swisa.
Dyson’s hair styling devices — including its high-profile Airwrap and Supersonic lines — occupy a premium consumer segment where product aesthetics drive purchase decisions and brand equity. Design patents on these distinctive forms create a broad perimeter against visual imitation. For competitors and ODM manufacturers supplying hair styling products to the U.S. market, these two patents represent active enforcement risk: Dyson has demonstrated both the will and the infrastructure to pursue rapid default judgment actions against e-commerce sellers globally.
Should you run an FTO against D852,415 and D853,642?
Any business designing, manufacturing, or importing hair styling or hair care apparatus for sale in the U.S. market — including curling wands, air stylers, blow dryers, and multi-function styling tools — should assess freedom-to-operate against Dyson’s D852,415 and D853,642. These patents cover ornamental designs and Dyson has shown readiness to enforce them aggressively via Schedule A actions. Marketplace sellers, private label brands, and OEM suppliers are all within scope.
PatSnap Eureka’s FTO Search Agent can map the visual claim scope of both design patents against your product designs, surface prior art that may limit enforceability, and identify related Dyson design patent families in the same product category. Run a proactive FTO analysis before product launch or marketplace listing to quantify your exposure — particularly given Dyson’s use of § 289 total profits claims and platform-level account freezes.
Run a freedom-to-operate analysis on USD0852415S to assess your product’s exposure
Run FTO in Eureka →Similar Design Patent Schedule A Cases in Consumer Electronics
Cases involving design patent enforcement against anonymous e-commerce sellers in the Northern District of Illinois, covering consumer electronics and hair care apparatus.
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 Hair styling and hair care apparatus-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.
DecidedDyson Technology Limited’s broader IP enforcement history
Dyson Technology Limited’s full litigation history covering prior enforcement, licensing activity, and inter partes review proceedings.
Portfolio viewWhat this case signals for the consumer electronics IP landscape
Dyson’s swift default judgment reinforces the Schedule A model as a primary weapon against e-commerce design patent counterfeiting.
Design patents are actionable enforcement tools against online counterfeiters
Dyson’s use of ornamental design patents to pursue 27 sellers simultaneously demonstrates that design patents — often undervalued — carry significant enforcement weight in Schedule A actions. The § 289 total profits remedy is particularly powerful: it bypasses complex damages calculations and allows immediate fund seizure via cooperating platforms.
Third-party platform cooperation is integral to injunctive relief strategy
The court’s orders directed at Amazon, PayPal, eBay, and Walmart to freeze accounts and transfer funds within 7–14 days illustrate how brand owners can monetise injunctions even against anonymous defendants. Companies enforcing design patents should build platform cooperation into their litigation strategy from the outset, not as an afterthought.
How to map residual seller risk after a Schedule A default judgment
Default judgments bind named defendants but do not prevent related seller aliases from relisting under new accounts. PatSnap Eureka can identify seller alias clustering and track product design similarity across marketplace listings, helping brands identify successor or affiliated sellers before they relist infringing products.
D852,415 and D853,642: assessing design-around risk for hair styling device makers
Any competitor designing hair styling or hair care apparatus should analyse the specific ornamental claims of D852,415 and D853,642. These patents protect visual appearance, not function — but the scope of design patent protection has expanded post-Egyptian Goddess. A prior art search and FTO against both patents is essential before product launch.
Limited v Partnerships — key questions answered
Dyson asserted U.S. Design Patent Nos. D852,415 (issued June 25, 2019) and D853,642 (issued July 9, 2019), both protecting ornamental designs of hair styling and hair care apparatus. The patents are identified by application numbers 29/627,707 and 29/627,749 respectively.
A Schedule A case is a mass infringement action where the plaintiff files against numerous anonymous online sellers identified on an attached schedule rather than by name in the complaint caption. Common in counterfeit and design patent cases in the Northern District of Illinois, it allows plaintiffs to target many e-commerce storefronts simultaneously with a single filing.
Section 289 provides that a design patent infringer is liable to the patent holder for total profits from the sale of any article to which the infringing design is applied. Unlike utility patent damages, § 289 does not require apportionment. In this case, Dyson was awarded the full infringer profits per seller, ranging from $250.00 to $282.79, with third-party platforms ordered to release those funds directly.
The court ordered third-party platform providers — including Amazon, PayPal, eBay, and Walmart — to freeze accounts connected to defaulting defendants and transfer funds to Dyson within 14 days. This mechanism allows brand owners to recover damages from sellers who may lack traceable assets, by reaching funds held by the platforms processing their transactions.
The judgment signals that Dyson actively monitors and enforces its design patents against e-commerce sellers globally. Any seller offering hair styling products with designs resembling D852,415 or D853,642 faces risk of being added to a future Schedule A action. The 63-day case cycle and fund-seizure mechanism make non-appearance a costly default position for sellers without a U.S. legal presence.
Monitor Dyson Design Patent Enforcement and Hair Care IP Risk
Track new Schedule A filings by Dyson and monitor design patent activity in the hair styling and consumer electronics sector. Run a freedom-to-operate analysis against D852,415 and D853,642 before entering the U.S. market.
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