Case 1:22-cv-24270-DPG Document 10-2 Entered on FLSD Docket 01/12/2023 Page 5 of 5

addition, potential licensees of the 138 Patent will not want to pay license fees if they
see other commercial enterprises taking and using my design patent for their own

commercial purposes without paying any fee at all.

21. Loss of quality control over goods sold utilizing the 138 Patent without

authorization is neither calculable nor precisely compensable.

22. As a result of Defendants flooding the e-commerce marketplace with
unauthorized reproductions and derivatives of the 138 Patent, it is highly probable that
YONGJIA will continue to suffer irreparable harm unless Defendants’ infringing activity is

stopped.

T declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.

Executed on this uf day of December, 2022.

Dorn OU.

Name: Dern you
Position: cee

For IGBO YONGJIA AIDUI
AUTO PARTS MANU CO. , LTD. ,


Case 1:22-cv-24270-DPG Document 10-2 Entered on FLSD Docket 01/12/2023 Page 4 of 5

direction and supervision was able to view advertisements for products utilizing the 138
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.

16. Prior to filing this lawsuit, YONGJIA or someone under its 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 138 Patent.

17. YONGJIA has not assigned, licensed or authorized any of the Defendants to use the 138

Patent.

Irreparable Injury

18. Every time Defendants offer to sell and/or sell a product using the 138 Patent there is a

direct loss to YONGJIA.

19. Monetary damages cannot adequately compensate for Defendants’ ongoing
infringement because monetary damages fail to address the loss of control over

YONGJIA’s intellectual property and goodwill.

20. The ability of Defendants to manufacture, reproduce, modify, distribute and/or display
unauthorized copies of the 138 Patent for their own commercial benefit without
compensation to YONGJIA impairs the market value of the 138 Patent since others
competing with Defendants’ businesses, or in related business areas, will not want to

obtain a license the 138 Patent if it is already associated with a competing business. In


Case 1:22-cv-24270-DPG

Document 10-2 Entered on FLSD Docket 01/12/2023 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION
CASE NO, 22-cv- 24270 DPG

NINGBO YONGJIA AIDUO AUTO PARTS

MANU CO. , LTD. ,

Plaintiff,

v.

THE INDIVIDUALS, PARTNERSHIPS AND
UNINCORPORATED ASSOCIATIONS IDENTIFIED
ON SCHEDULE “A”,

Defendants.

DECLARATION OF NINGBO YONGJIA AIDUO AUTO PARTS
MANU CO. , LTD. IN SUPPORT OF PLAINTIFF'S EX PARTE MOTION FOR
ENTRY OF TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION,
AND ORDER RESTRAINING TRANSFER OF ASSETS

1 ems , declare and state as follows:

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

facts set forth herein.

2. Imake 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 Injunction").

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

forth below. I am employed by Plaintiff, NINGBO YONGJIA AIDUO AUTO PARTS

MANU CO. , LTD. as Pri cipal :

1


Case 1:22-cv-24270-DPG Document 10-2 Entered on FLSD Docket 01/12/2023 Page 2 of 5

4. YONGIIA is a limited company organized under the laws of China, with its principal
place of business located in Zhekiang, China. YONGJIA is an international company
which specializes in worldwide distribution of consumer products including but not

limited to snow brushes.

5. In my capacity as employee for YONGJIA, I am responsible, in part, for YONGJIA’s
anti-counterfeiting efforts in connection with Internet related matters. As a result, I am
fully familiar with most aspects of the distribution of genuine YONGJIA products, and
through years of experience and discussions with our product design teams, I am able to
identify the distinctions between genuine YONGJIA branded merchandise and
counterfeit copies of the same.

Yongijia Zhou’s Patent Rights

6. On July 12, 2022, YONGIJIA registered with the United States Patent and Trademark
Office one (1) ornamental design patent of a Snow Brush with Registration No. US
D957,138 S with date of patent of July 12, 2022 (referred to as “138 Patent”). A true and
correct copy of YONGJIA’s federal patent registration along with the accompanying

images is attached to Plaintiff's Complaint.
7. YONGIIA is the owner of all rights, title and interest to the 138 Patent, which Haiyong

You created and then assigned to YONGJIA and which YONGJIA has used in

connection with the sale of snow brushes.

8. YONGJIA uses the ornamental design of the 138 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.


Case 1:22-cv-24270-DPG Document 10-2 Entered on FLSD Docket 01/12/2023 Page 3 of 5

9. YONGJIA has expended time, money and other resources developing, advertising and

otherwise promoting the 138 Patent.

10. YONGJIA suffers 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 138 Patent.

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

of the 138 Patent.

12. YONGJIA discovered Defendants were manufacturing, promoting, advertising, offering
for sale and/or selling goods using the 138 Patent, without authorization, through e-
commerce stores operating under the seller identities named in Schedule A attached to

the Complaint as an Exhibit.

13. YONGJIA conducted a search which has established that Defendants are using various
storefronts including but not limited to; Amazon, eBay and Wish e-commerce platforms,
to sell and offer to sell products to consumers in the United States and the State of
Florida, including the Southern District of Florida, utilizing the 138 Patent without

authorization.

14. Prior to filing this lawsuit, YONGJIA 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 Wish e-commerce
platforms, as identified on Schedule A (hereinafter “Seller IDs”), attached to the

Complaint as an Exhibit.

15. Upon accessing each of the e-commerce stores, either YONGJIA or someone under its