HICKIES Design Patents vs. Online Counterfeiters: Default Judgment Win
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📋 Case Summary
| Case Name | Hic Ipco, LLC et al. v. The Individuals, Corporations, LLCs, Partnerships, and Unincorporated Associations Identified in Schedule A |
| Case Number | 1:24-cv-00952 (N.D. Ill.) |
| Court | U.S. District Court for the Northern District of Illinois |
| Duration | Feb 2024 – Apr 2024 87 Days |
| Outcome | Plaintiff Win — $900K+ Statutory Damages |
| Patents at Issue | |
| Accused Products | Counterfeit HICKIES Elastic Lace Systems |
Case Overview
The Parties
⚖️ Plaintiff
IP holding and operating entities behind the HICKIES brand, widely recognized for its elastic, no-tie shoe lace systems.
🛡️ Defendant
Anonymous online sellers operating across major e-commerce platforms, identified by account names such as “163shangmaojie” and “DaphneEgg.”
The Patents and Trademarks at Issue
HIC asserted eight U.S. design patents covering the ornamental appearance of HICKIES lace products, alongside five U.S. trademark registrations for the HICKIES brand identity. This dual-pronged IP protection proved critical in securing broad enforcement against online counterfeiters.
- • US D714,631 (App. No. 29/467522)
- • US D716,645 (App. No. 29/468991)
- • US D719,823 (App. No. 29/468997)
- • US D720,123 (App. No. 29/487338)
- • US D721,268 (App. No. 29/468999)
- • US D762,459 (App. No. 29/468543)
- • US D786,055 (App. No. 29/561464)
- • US D797,548 (App. No. 29/555546)
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The Verdict & Legal Analysis
Outcome
Chief Judge Kennelly granted Plaintiffs’ Motion for Entry of Default and Default Judgment, awarding **$100,000 in statutory damages per defaulting defendant** (a total of $900,000 for the nine defendants) under 15 U.S.C. § 1117 (Lanham Act) and 17 U.S.C. § 504. All restrained financial assets held across 25+ global payment platforms were ordered released to Plaintiffs. Permanent injunctive relief was also granted, effectively shutting down the counterfeit operations.
Key Legal Issues
The court found all nine defendants liable for willful design patent infringement (35 U.S.C. § 271), willful trademark infringement and counterfeiting (15 U.S.C. § 1114), false designation of origin (15 U.S.C. § 1125(a)), and violation of the Illinois Uniform Deceptive Trade Practices Act. The critical factor for the swift resolution and maximum damages was the **defendants’ failure to appear**, which resulted in the factual allegations, including willfulness, being deemed admitted by default. This case highlights the power of the Schedule A litigation model in the Northern District of Illinois for IP enforcement against cross-border e-commerce infringers.
Proactive IP Enforcement Strategy
The HICKIES case provides a blueprint for IP holders facing online counterfeiting. Strengthen your defense:
📋 Understand Online Counterfeit Networks
Learn how to identify and track anonymous online infringers effectively.
- Identify common e-commerce platforms for counterfeits
- Track seller networks and asset movement globally
- Develop effective legal strategies for cross-border enforcement
🔍 Protect Your Product’s Design
Run a comprehensive IP risk assessment and develop robust protection strategies.
- Proactively file design patents for ornamental features
- Conduct FTO analysis for new designs before market launch
- Coordinate trademark and design patent enforcement actions
High Counterfeit Risk
Consumer products on global marketplaces
8 Design Patents
Asserted with 5 trademarks
Rapid Enforcement
87-day default judgment
✅ Key Takeaways
Schedule A + design patent + trademark combination actions in N.D. Illinois offer a fast, cost-effective path to default judgment against anonymous online infringers.
Explore N.D. Ill. precedents →Electronic service sufficiency was confirmed; domain registrar and payment processor notice constitutes adequate process.
Review service guidelines →Willfulness admitted by default supports maximum statutory damages without separate evidentiary showing.
Understand statutory damages →Eight-patent design portfolio demonstrates value of layered IP filing strategy for product designs.
Strategize your design portfolio →Asset freeze orders covering 25+ global platforms execute within 48–72 hours — front-loaded enforcement coordination is essential.
Learn about asset freezes →Multi-count IP claims (patent + trademark + state law) maximize leverage and damages exposure.
Deep dive into multi-IP claims →Frequently Asked Questions
Eight U.S. design patents were asserted: D714,631; D716,645; D719,823; D720,123; D721,268; D762,459; D786,055; and D797,548 — all covering ornamental aspects of the HICKIES elastic lace system.
No defendant appeared or answered the complaint. Under Federal Rule of Civil Procedure 55, uncontested allegations — including willful infringement — were deemed admitted, supporting a $100,000 per-defendant statutory damages award.
It confirms the Northern District of Illinois Schedule A model as highly efficient for multi-defendant design patent enforcement, validating broad injunctive relief, global asset freezes, and electronic service as standard enforcement tools.
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References
- PACER Case No. 1:24-cv-00952 (Hic Ipco, LLC et al. v. The Individuals, Corporations, LLCs, Partnerships, and Unincorporated Associations Identified in Schedule A)
- USPTO Patent Database – Design Patent Search
- USPTO Trademark Database
- Cornell Legal Information Institute — 15 U.S.C. § 1117 (Lanham Act)
- Cornell Legal Information Institute — 17 U.S.C. § 504 (Copyright Act Damages)
This article is for informational purposes only and does not constitute legal advice. All case information is drawn from publicly available court records. For platform capabilities, visit PatSnap.