Kitsch LLC v. Schedule A Defendants: Hair Towel Design Patent Closed in 1 Day
Kitsch, LLC — maker of hair-care accessories — filed suit in S.D. Florida against a group of anonymous online sellers alleging infringement of USD939812S, a design patent covering hair towels. The case was administratively closed without prejudice within a single day, leaving the door open for Kitsch to refile compliant motions.
One-Day Administrative Closure in a Design Patent Enforcement Sweep
On July 24, 2025, Kitsch, LLC filed Case No. 1:25-cv-23312 in the U.S. District Court for the Southern District of Florida before Judge Rodolfo A. Ruiz, II. The complaint alleged infringement of USD939812S (U.S. Application No. 29/669052), a design patent protecting the ornamental appearance of hair towels. The defendants are identified only as ‘The Partnerships and Unincorporated Corporations Identified on Schedule A’ — the anonymous multi-defendant structure commonly used in e-commerce enforcement sweeps targeting marketplace sellers.
The case was closed the very next day, July 25, 2025, on an administrative basis and without prejudice. Judge Ruiz’s order specified that the closure did not foreclose Kitsch from refiling motions, provided they comply with the terms set out in the order. This procedural posture — administrative closure without prejudice — is a well-recognised mechanism in Schedule A cases where courts require plaintiffs to remedy filing deficiencies before proceeding, typically relating to TRO or ex parte motion practice.
A one-day lifespan is notable even by the compressed timelines of Schedule A litigation. The public record does not reveal the specific deficiency that prompted the order, nor has Kitsch’s refiled action appeared on the docket at time of publication. Whether this reflects a minor procedural correction or a more substantive filing issue remains unknown. The without-prejudice closure means USD939812S remains fully enforceable and Kitsch retains all rights to pursue the same defendants or others.
Filing to Dismissed without Prejudice in 1 days
Resolved in 1 day — among the shortest-lived Schedule A enforcement actions on record
Administrative closure without prejudice: what the order means for both sides
Administrative closure is not a merits ruling
An administrative closure without prejudice does not adjudicate the underlying infringement claims. The court has not assessed validity, infringement, or damages. It signals only that a procedural or filing requirement was unmet. Kitsch retains the right to refile compliant motions and continue pursuing the Schedule A defendants under the same patent.
No merits decidedKitsch preserves full enforcement rights
Because dismissal is without prejudice, Kitsch, LLC faces no claim preclusion and may refile against the same defendants once any procedural deficiency is corrected. USD939812S remains valid and enforceable. The order is best understood as a procedural reset rather than a setback, consistent with how S.D. Florida courts manage non-compliant Schedule A TRO submissions.
Rights intactAnonymous sellers remain exposed to re-filed action
The Schedule A defendants received no adjudication in their favour. Because no TRO or injunction was entered before closure, any asset-freeze order is also off the table — for now. However, if Kitsch refiles a compliant motion, defendants face the same risks as in any e-commerce design-patent sweep: potential TRO, account freezes, and injunctive relief on an ex parte basis.
Exposure remainsDesign-patent sweeps require procedural precision in S.D. Florida
This closure underscores that Southern District of Florida judges apply strict procedural standards to Schedule A filings, particularly around TRO and ex parte motion requirements. Brands pursuing multi-defendant e-commerce enforcement should ensure full local-rule compliance at filing. A one-day closure, while embarrassing, is recoverable — but delays enforcement and may alert targeted sellers.
Procedural rigour requiredFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Kitsch, LLC | Company | Hair accessories brand and retailer — holder of USD939812S (hair towel ornamental design)Search in Eureka ↗ |
| Defendant | The Partnerships and Unincorporated Corporations Identified on Schedule ‘A’ | Individual | Anonymous e-commerce sellers identified on Schedule A — no named individual defendantsSearch in Eureka ↗ |
| Plaintiff counsel | Lindsey Fallon Thurswell Lehr | Attorney | Counsel for Kitsch, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel | Law Firm | Representing Kitsch, LLCSearch in Eureka ↗ |
| Presiding judge | Judge Rodolfo A. Ruiz, II | Judge | Florida Southern District CourtSearch in Eureka ↗ |
Official order — verbatim text
The order’s language — ‘closed for administrative purposes only, without prejudice to Plaintiff to refile any motions in compliance with the terms of this Order’ — is a limited, procedural disposition. It expressly preserves Kitsch’s ability to re-engage the court once filing deficiencies are resolved, and makes clear no substantive ruling on infringement, validity, or defendant liability has been made. The without-prejudice qualifier is legally significant: it forecloses any res judicata argument by defendants and leaves Kitsch’s claims fully intact.
USD939812S — Ornamental Design for Hair Towels
USD939812S (filed as U.S. Application No. 29/669052) is a U.S. design patent protecting the ornamental appearance of a hair towel. Design patents cover the way a product looks — not how it functions — and grant the holder the exclusive right to the claimed ornamental design for 15 years from grant. Hair towels, typically constructed from microfibre or terry cloth and designed to wrap around wet hair, are a high-volume consumer accessories category with significant e-commerce penetration, making design protection strategically valuable against copycat sellers.
For Kitsch, LLC — a brand competing in the premium hair-accessories segment — a design patent on a visually distinctive hair towel creates a direct barrier to marketplace copycats replicating the product’s aesthetic. E-commerce platforms such as Amazon and Temu host large numbers of third-party sellers offering near-identical versions of branded accessories at lower price points. A registered design patent enables the brand to seek TROs, asset freezes, and injunctions on an expedited basis, making USD939812S a commercially strategic enforcement tool beyond its defensive value.
Should your product team run an FTO against USD939812S?
Any brand, private-label seller, or marketplace vendor offering hair towels — particularly microfibre wrap-style designs — should assess whether their product’s ornamental appearance falls within the scope of USD939812S. Design patent infringement is assessed by the ‘ordinary observer’ test: if an ordinary consumer would mistake the accused product for the patented design, infringement may be found. Given Kitsch’s active enforcement posture evidenced by this filing, the risk of being named in a Schedule A action is material for sellers in this product category.
PatSnap Eureka’s FTO Search Agent enables R&D and product teams to run a structured freedom-to-operate analysis against USD939812S and related design filings in the hair-accessories space. Eureka surfaces visually similar design patents, identifies claim scope, maps Kitsch’s broader portfolio, and flags continuation or related applications that may extend protection. For marketplace sellers and brand managers, this intelligence supports product differentiation decisions before launch — reducing the risk of costly enforcement actions.
Run a freedom-to-operate analysis on USD0939812S to assess your product’s exposure
Run FTO in Eureka →Similar Design Patent Schedule A Cases in S.D. Florida
Cases involving design patent enforcement against anonymous Schedule A e-commerce defendants in the Southern District of Florida, covering consumer accessories and apparel.
What this case signals for design patent enforcement in e-commerce
Even well-resourced brands can face procedural hurdles in Schedule A sweeps — compliance at filing is non-negotiable.
S.D. Florida scrutinises Schedule A TRO motions on day one
Judge Ruiz’s same-day administrative closure signals active judicial gatekeeping of ex parte Schedule A practice. Plaintiffs must ensure TRO papers, sealing motions, and supporting declarations satisfy the court’s standing orders before filing — not as an afterthought. A one-day turnaround leaves no room for supplemental correction.
Without-prejudice closure keeps USD939812S enforcement alive
The administrative closure does not affect the validity or scope of Kitsch’s design patent. Sellers currently listing hair towels that resemble the USD939812S ornamental design remain at risk of a re-filed enforcement action. IP monitoring on this patent and related design filings by Kitsch is advisable for any brand or marketplace seller in the hair-accessories space.
Kitsch v Partnerships — key questions answered
The administrative closure is a procedural action only — no merits ruling was made. The defendants received no favourable judgment. The case was closed because Kitsch’s filings did not comply with the court’s requirements. Kitsch retains the right to refile compliant motions, meaning defendants remain exposed to the same enforcement risk under USD939812S.
USD939812S (U.S. Application No. 29/669052) is a U.S. design patent held by Kitsch, LLC protecting the ornamental appearance of a hair towel. Design patents cover visual aesthetics rather than functional features, and grant a 15-year exclusivity term. Infringement is assessed by whether an ordinary observer would find the accused product substantially similar in appearance to the patented design.
The order indicates closure was ‘for administrative purposes only’ due to non-compliance with the court’s procedural requirements. This is consistent with S.D. Florida practice where judges, particularly in Schedule A TRO matters, administratively close cases when ex parte motion papers or supporting documentation do not meet local standing-order standards. The public record does not specify the exact deficiency.
Yes. A dismissal without prejudice does not bar refiling. Kitsch expressly retained the right to refile any motions in compliance with the court’s order. There is no claim preclusion or res judicata effect. Kitsch may correct the identified deficiency and return to court against the same or additional Schedule A defendants under USD939812S.
Sellers offering hair towels with ornamental designs similar to USD939812S face ongoing enforcement risk. This case signals that Kitsch is actively monitoring and pursuing marketplace infringement. If Kitsch refiles a compliant action, defendants may face ex parte TROs, platform account freezes, and injunctions with limited opportunity to respond before orders are entered. Sellers should conduct an FTO review against USD939812S before continuing to list similar products.
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