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UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

CASE NO.22-cv-24013-RNS 

CHENMING ZHOU, 

Plaintiff, 

v. 

THE INDIVIDUALS, PARTNERSHIPS AND 

UNINCORPORATED ASSOCIATIONS IDENTIFIED 

ON SCHEDULE “A”, 

Defendants. 

_________________________________________________/ 

DECLARATION OF CHENMING ZHOU IN SUPPORT OF PLAINTIFF'S EX PARTE 

MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER, PRELIMINARY 

INJUNCTION, AND ORDER RESTRAINING TRANSFER OF ASSETS 

I, Chenming Zhou, declare and state as follows: 

1. I am over 18 years of age, I am a citizen of China and I have personal 

knowledge of the facts set forth herein. 

2. I make this declaration in support of Plaintiff’s Ex Parte Motion for Entry of 

Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of 

Assets (the "Motion for TRO"). 

3. If called upon to do so, I could and would competently testify to the following 

facts set forth below. 

Chenming Zhou’s Patent Rights

4. On June 21, 2022, I registered with the United States Patent and Trademark 

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Office one (1) ornamental design patent of a pet center control seat with Registration No. US 

D955,664S and date of patent of June 21, 2022 (referred to as “664 Patent”). A true and 

correct copy my federal patent registration along with the accompanying images is attached to 

the Complaint as Exhibit 1. 

5. I am the owner of all rights, title and interest to the 664 Patent, which I created 

in the year 2020 and which I have used in connection with the sale of pet center control seat. 

6. I use the ornamental design of the 664 Patent in connection with the 

manufacturing, advertising, marketing, offer for sale and/or sale of retail items, in authorized 

e-commerce stores such as Amazon. 

7. I have expended time, money and other resources developing, advertising and 

otherwise promoting the 664 Patent. 

8. I suffer irreparable injury any time unauthorized sellers, such as Defendants, 

sell or offer to sell goods using identical or substantially similar copies or derivatives 

incorporating and infringing the 664 Patent. 

9. The harm caused by Defendants is both a monetary loss and a damage to the 

goodwill of the 664 Patent. 

Defendants’ Infringement 

10. I discovered Defendants were manufacturing, promoting, advertising, offering 

for sale and/or selling goods using the 664 Patent, without authorization, through e-commerce 

stores operating under the seller identities named in Schedule A attached to the Complaint as 

an Exhibit. 

11. I conducted a search which has established that Defendants are using various 

storefronts including but not limited to; Amazon, eBay and other ecommerce platforms, to sell 

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and offer to sell products to consumers in the United States and the State of Florida, including 

the Southern District of Florida, utilizing my 664 Patent without authorization. 

12. Prior to filing this lawsuit, I or someone under my direction and supervision 

personally accessed Defendants’ Internet based e-commerce stores operating under their 

respective seller identifications through the Amazon, eBay and other ecommerce platforms, as 

identified on Schedule A (hereinafter “Seller IDs”), attached to the Complaint as an Exhibit. 

13. Upon accessing each of the e-commerce stores, either I or someone under my 

direction and supervision was able to view advertisements for products utilizing my 664 

Patent, add products to the online shopping cart, and proceed to a point of checkout, for each 

of Defendants’ e-commerce store. Web page captures and screenshots were taken of the 

infringing products and orders were initiated via each Defendants’ Seller IDs. 

14. Prior to filing this lawsuit, I or someone under my direction and supervision 

analyzed each of the screenshots and photographs of the products shown, as they appeared on 

Defendants’ online e-commerce stores, and determined that products are being offered for sale 

to residents of the United States and the State of Florida using unauthorized and infringing 

copies of the 664 Patent. 

15. I have not assigned, licensed or authorized any of the Defendants to use my 664 

Patent. 

Irreparable Injury 

16. Every time Defendants offer to sell and/or sell a product using my 664 Patent 

there is a direct loss to me. 

17. Monetary damages cannot adequately compensate for Defendants’ ongoing 

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infringement becau e monetary damagcs fail to addrcss the loss ofcontrol over my intellectual 

property and goodwill. 

18. The ability of Defendanls to manufacture, reproduce, modify, distribute and/or

di play unauthorized copies of the 664 Patent for their own commercial benefit without 

compensation to me impairs the market value of the 664 Patent since others competing with 

Defendants' businesses, or in related business areas, will not want to obtain a license to my 064 

Patent if it is already associated with a competing business. In addition, potential Iicensees of 

my 664 Patent will not want to pay license fees ifthey see other commercial enterprises taking 

and using my design patent for their own commercial purposes without paying any fee at all. 

19. Loss of quality control over goods sold utilizing my 664 Patent without my

authorization is neither calculable nor precisely compensable. 

20. As a result of Defendants flooding the e-cornrnerce marketplace , ith 

unauthorized reproductions and derivatives of rny 664 Patent, it is highly probable that I will 

continue to suffer irreparable harrn unless Defendants' infringing activity is stopped. 

1 declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. 

Executed on this __ day of Decernber, 2022. 

Chcnming Zhou 

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