“This action having been commenced by Plaintiff Yuxiong Yang (“PLAINTIFF”) against the defendants identified on Annex A, and using the Defendant Domain Names and Online Marketplace Accounts identified on Annex A (collectively, the “Defendant Internet Stores”), and PLAINTIFF having moved for entry of Default and Default Judgment against the defendants identified on Annex 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: 1:23-cv-15409 Document #: 38 Filed: 02/28/24 Page 1 of 9 PageID #:1202 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 ecommerce stores that target United States consumers using one or more seller aliases, offer shipping to the United States, including Illinois, and have sold products using infringing versions of PLAINTIFF’s federally registered patent (the “PLAINTIFF’s Patent”) to residents of Illinois. In this case, PLAINTIFF has presented screenshot evidence that each Defendant ecommerce 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 products using infringing versions of the PLAINTIFF’s Patent. See Docket No.[13], which includes screenshot evidence confirming that each Defendant e-commerce store does stand ready, willing and able to ship its infringing goods to customers in Illinois bearing infringing versions of the PLAINTIFF’s Patent. A list of the PLAINTIFF’s Patent is included in the below chart. Registration Number Title U.S. D979,929 POP KEYCHAIN A summary chart of Defaulting Defendants’ activities, including total ordered units, gross revenue of sales, and amount sought by Plaintiff per Defaulting Defendant, is included in the below chart. Case: 1:23-cv-15409 Document #: 38 Filed: 02/28/24 Page 2 of 9 PageID #:1203 3 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. using the PLAINTIFF’s Patent or any reproductions, infringing copies, or colorable imitations in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine PLAINTIFF product or not authorized by PLAINTIFF to be sold in connection with the PLAINTIFF’s Patent; b. passing off, inducing, or enabling others to sell or pass off any product as a genuine PLAINTIFF product or any other product produced by PLAINTIFF, that is not Case: 1:23-cv-15409 Document #: 38 Filed: 02/28/24 Page 3 of 9 PageID #:1204 4 PLAINTIFF’s or not produced under the authorization, control, or supervision of PLAINTIFF and approved by PLAINTIFF for sale under the PLAINTIFF’s Patent; c. committing any acts calculated to cause consumers to believe that Defaulting Defendants’ products are those sold under the authorization, control, or supervision of PLAINTIFF, or are sponsored by, approved by, or otherwise connected with PLAINTIFF; and d. manufacturing, shipping, delivering, holding for sale, transferring or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory not manufactured by or for PLAINTIFF, nor authorized by PLAINTIFF to be sold or offered for sale, and which bear any of PLAINTIFF’s Patent, including the PLAINTIFF’s Patent, or any reproductions, infringing copies or colorable imitations. 2. The domain name registries for the Defendant Domain Names, including, but not limited to, VeriSign, Inc., Neustar, Inc., Afilias Limited, CentralNic, Nominet, and the Public Interest Registry, and the domain name registrars, including, but not limited to, GoDaddy Operating Company LLC, Name.com, PDR LTD. d/b/a/ PublicDomainRegistry.com, and Namecheap Inc., within seven (7) calendar days of receipt of this Order, shall, at PLAINTIFF’s choosing: a. transfer the Defendant Domain Names to PLAINTIFF’s control, including unlocking and changing the registrar of record for the Defendant Domain Names to a registrar of PLAINTIFF’s selection, and the domain name registrars shall take any steps necessary to transfer the Defendant Domain Names to a registrar of PLAINTIFF’s selection; or b. disable the Defendant Domain Names and make them inactive and untransferable. Case: 1:23-cv-15409 Document #: 38 Filed: 02/28/24 Page 4 of 9 PageID #:1205 5 3. 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., AliExpress, Alibaba Group Holding Ltd. (“Alibaba”), Amazon.com, ContextLogic, Inc. d/b/a Wish.com (“Wish.com”), 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 that is being used to sell or is the means by which Defaulting Defendants could continue to sell infringing goods using the PLAINTIFF’s Patent; and b. operating and/or hosting websites that are involved with the distribution, marketing, advertising, offering for sale, or sale of any product bearing the PLAINTIFF’s Patent or any reproductions, infringing copies or colorable imitations thereof that is not a genuine PLAINTIFF product or not authorized by PLAINTIFF to be sold in connection with the PLAINTIFF’s Patent. 4. Upon PLAINTIFF’S’s request, those with notice of this Order, including the Third Party Providers as defined in Paragraph 4, 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 goods using the PLAINTIFF’s Patent. 5. Pursuant to 15 U.S.C. § 1117(c)(2), PLAINTIFF is awarded damages from each of the Defaulting Defendants in the amount identified on Annex B, attached hereto, for willful Case: 1:23-cv-15409 Document #: 38 Filed: 02/28/24 Page 5 of 9 PageID #:1206 6 use of infringing PLAINTIFF’s Patent on products sold through at least the Defendant Internet Stores. This award shall apply to each distinct Defaulting Defendant only once, even if they are listed under multiple different aliases in the Complaint and Annex A. 6. Any Third Party Providers holding funds for Defaulting Defendants, including PayPal, Inc. (“PayPal”), Alipay, Alibaba, Wish.com, Ant Financial Services 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 statutory damages awarded in Paragraph 6 above) or other of Defaulting Defendants’ assets. 7. All monies (up to the amount of the statutory damages awarded in Paragraph 6 above) currently restrained in Defaulting Defendants’ financial accounts, including monies held by Third Party Providers such as PayPal, Alipay, Alibaba, 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, Alipay, Alibaba, Wish.com, 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. 8. 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. 9. In the event that PLAINTIFF identifies any additional online marketplace accounts or financial accounts owned by Defaulting Defendants, PLAINTIFF may send notice of any Case: 1:23-cv-15409 Document #: 38 Filed: 02/28/24 Page 6 of 9 PageID #:1207 7 supplemental proceeding, including a citation to discover assets, to Defaulting Defendants by any e-mail addresses provided for Defaulting Defendants by third parties. 10. The twenty thousand dollar ($20,000.00) cash bond posted by PLAINTIFF, with any applicable interest is hereby released to PLAINTIFF or its counsel, Getech Law LLC. The Clerk of the Court is directed to return the cash bond previously deposited with the Clerk of the Court, with any applicable interest to Plaintiff’s Counsel, .Getech Law LLC, 203 N LaSalle St, #2100, Chicago, IL 60601.”