IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

THE FINAL CO. LLC, 

 Plaintiff, 

 v. 

16BEAUTYDAY, et al., 

 Defendants. 

Case No. 20-cv-02640 

Judge Harry D. Leinenweber 

Magistrate Judge Maria Valdez 

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S 

MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION 

Plaintiff The Final Co. LLC (“Plaintiff” or “Final”) submits this Memorandum of Law in 

support of its Motion for Entry of a Preliminary Injunction. 

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MEMORANDUM OF LAW 

I. INTRODUCTION 

 Plaintiff Final brings the present action against the defendants identified on Schedule A to 

the Amended Complaint (collectively, the “Defendants”) for federal design patent infringement 

(Count I). As alleged in Plaintiff’s Amended Complaint [12], the Defendants are offering for sale 

and selling unauthorized and unlicensed products, namely foldable reusable straws, that infringe 

Final’s patented design (the “Infringing Products”), through at least the fully interactive, ecommerce stores1

 operating under the seller aliases identified in Schedule A to the Amended 

Complaint (collectively, the “Seller Aliases”). 

II. STATEMENT OF FACTS 

 On May 4, 2020, this Court granted Plaintiff’s Ex Parte Motion for Entry of a Temporary 

Restraining Order (“the TRO”). [26]. The TRO authorized Plaintiff to provide notice of these 

proceedings and the preliminary injunction hearing to Defendants by electronically publishing a 

link to the Amended Complaint, the TRO and other relevant documents on a website and by 

sending an e-mail to the e-mail addresses identified in Exhibit 2 to the Declaration of Kelly Frazier 

and any e-mail addresses provided for Defendants by third parties that includes a link to said 

website. [26] at ¶ 7. Since and pursuant to entry of the TRO, several financial accounts associated 

with the Seller Aliases have been frozen. See Declaration of Justin R. Gaudio (hereinafter, “Gaudio 

Declaration”) at ¶ 2. 

Plaintiff respectfully requests that this Court convert the TRO to a preliminary injunction 

against Defendants, so that they remain enjoined from the manufacture, importation, distribution, 

offering for sale, and sale of Infringing Products during the pendency of this litigation. As part of 

1 The e-commerce store urls are listed on Schedule A to the Amended Complaint under the Online 

Marketplaces. 

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the Preliminary Injunction, Plaintiff requests that Defendants’ financial accounts remain frozen 

until completion of these proceedings. 

III. ARGUMENT 

A. This Court Has Already Found that the Requirements for a Preliminary Injunction Have 

Been Satisfied 

Since the standard for granting a TRO and the standard for granting a preliminary 

injunction are identical in this Circuit, the requirements for entry of a preliminary injunction 

extending the TRO have been satisfied. See, e.g. Charter Nat’l Bank & Trust v. Charter One Fin., 

Inc., 2001 WL 527404, at *1 (N.D. Ill. May 15, 2001) (citations omitted). A temporary restraining 

order or preliminary injunction may be issued upon a showing that: “(1) there is a reasonable 

likelihood that Plaintiff will succeed on the merits; (2) Plaintiff will suffer irreparable injury if the 

order is not granted because there is no adequate remedy at law; (3) the balance of hardships tips 

in Plaintiff’s favor; and (4) the public interest will not be disserved by the injunction.” Columbia 

Pictures Indus., Inc. v. Jasso, 927 F. Supp. 1075, 1076 (N.D. Ill. 1996). By virtue of this Court’s 

entry of the TRO, it has already found that the above requirements have been satisfied. 

B. The Equitable Relief Sought Remains Appropriate 

Since entry of the TRO, PayPal, Inc. (“PayPal”), Alipay, Amazon and Wish.com have 

restrained accounts linked to the Seller Aliases that were offering for sale and/or selling the 

Infringing Products. In the absence of a preliminary injunction, Defendants may attempt to move 

any assets from their financial accounts to an offshore account. In addition, and as established in 

Plaintiff’s TRO Memorandum [15], many federal courts, including the Northern District of 

Illinois, have granted orders preventing the fraudulent transfer of assets. See, e.g., Lorillard 

Tobacco Co. v. Montrose Wholesale Candies & Sundries, Inc., No. 1:03-cv-04844, 2005 WL 

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3115892 (N.D. Ill. Nov. 8, 2005). Therefore, Defendants’ assets should remain frozen for the 

remainder of the proceedings. 

IV. CONCLUSION 

In view of the foregoing, Plaintiff respectfully requests that this Court enter the preliminary 

injunction. 

Dated this 11th day of June 2020. Respectfully submitted, 

/s/ Justin R. Gaudio 

Amy C. Ziegler 

Justin R. Gaudio 

Allyson M. Martin 

Jake M. Christensen 

Greer, Burns & Crain, Ltd. 

300 South Wacker Drive, Suite 2500 

Chicago, Illinois 60606 

312.360.0080 / 312.360.9315 (facsimile) 

aziegler@gbc.law 

jgaudio@gbc.law 

 amartin@gbc.law 

 jchristensen@gbc.law 

Counsel for Plaintiff The Final Co. LLC

 

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CERTIFICATE OF SERVICE

I hereby certify that on the 11th day of June 2020, I will electronically file the foregoing 

with the Clerk of the Court using the CM/ECF system, I will electronically publish the documents 

on a website, and I will send an e-mail to the e-mail addresses identified in Exhibit 2 to the 

Declaration of Kelly Frazier and any e-mail addresses provided for Defendants by third parties 

that includes a link to said website. 

/s/ Justin R. Gaudio 

Amy C. Ziegler 

Justin R. Gaudio 

Allyson M. Martin 

Jake M. Christensen 

Greer, Burns & Crain, Ltd. 

300 South Wacker Drive, Suite 2500 

Chicago, Illinois 60606 

312.360.0080 / 312.360.9315 (facsimile) 

aziegler@gbc.law 

jgaudio@gbc.law 

 amartin@gbc.law 

jchristensen@gbc.law 

Counsel for Plaintiff The Final Co. LLC

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