IN THE UNITED STATE DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

OUYEINC LTD.,

Plaintiff,

v.

INDIVIDUALS, PARTNERSHIPS, AND 

UNINCORPORATED ASSOCIATIONS 

ON SCHEDULE “A,”

Defendants.

Case No. ___________

COMPLAINT

Plaintiff, Ouyeinc Ltd. (“Plaintiff” or “Ouyeinc”), by and through its counsel, hereby 

brings the present action against the partnerships and/or unincorporated associations identified 

on Schedule A, attached hereto (named, “Defendants”), and alleges as follows:

JURISDICTION AND VENUE

1. This Court has original subject matter jurisdiction over the claims in this action 

pursuant to the provisions of the Patent Act, 35 U.S.C. § 1, et seq., 28 U.S.C. § 1338(a)-(b) and 

28 U.S.C. § 1331.

2. Venue is proper in this Court pursuant to 28 U.S.C. § 1391, as Defendants have 

committed the acts as described herein within this judicial district.

3. Upon information and belief, the Defendants are subject to this Court’s specific 

and general jurisdiction due to at least their substantial business in the forum, this business 

includes: (i) at least a portion of the acts complained; (ii) regularly conducting or soliciting 

business, and/or deriving substantial revenue from goods and services provided to individuals in 

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Illinois and in this Judicial District; and (iii) directly targeting consumers in the United States, 

including Illinois, by operating one or more commercial, interactive Defendant Internet Stores 

through which Illinois residents can purchase products using infringing versions of Plaintiff’s 

design patent products. Each of the Defendants has targeted sales from Illinois residents by 

operating online stores that offer shipping to the United States, including Illinois, accept payment 

in U.S. dollars and, on information and belief, has sold products using infringing versions of

Plaintiff’s design patent to residents of Illinois. Each of the Defendants is committing tortious 

acts in Illinois, is engaging in interstate commerce, and has wrongfully caused substantial injury 

in the State of Illinois.

PARTIES

4. Plaintiff, Ouyeinc Ltd., is a Colorado Corporation, with a principal place of 

business at 36 South 18th Avenue, Suite A, Brighton, CO 80601.

5. Defendants are individuals and businesses who conduct business throughout the 

United States, including within Illinois and in this Judicial District, through the operation of the 

fully interactive commercial websites and online marketplaces identified in Schedule A, attached 

hereto. Each Defendant targets the United States, including Illinois, and has offered to sell and/or 

has sold and/or continues to sell infringing products to consumers within the United States, 

including Illinois and in this Judicial District.

6. While Defendants’ identities and locations are now unknown to Plaintiff, upon 

information and belief, Defendants are primarily individuals and business entities who reside in 

the People’s Republic of China or other foreign jurisdictions. Tactics used by Defendants to 

conceal their identities and the full scope of their infringing operation make it virtually 

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impossible for Plaintiff to learn Defendants’ true identities and the exact interworking of their 

network. In the event that Defendants provide additional credible information regarding their 

identities, Plaintiff will take appropriate steps to amend the Complaint.

BACKGROUND

7. On January 22, 2019, registration number US D838,859 S (hereinafter “the D’859 

Patent”), entitled “Wax Warmer,” was duly and legally issued by the U.S. Patent and Trademark 

Office (“USPTO”). A true and correct copy of the D’859 patent is attached as Exhibit 1. The 

D’859 patent is valid, enforceable and currently in full force and effect. 

8. Plaintiff is the owner and assignee of all substantial rights, title and interest in the 

D’859 Patent, including the right to bring this action and enforce the D’859 Patent against 

infringers, and to collect damages for all relevant times. See Exhibit 2. 

9. Plaintiff designs, manufactures and sells products which incorporate Plaintiff’s 

patented designs (collectively, the “Plaintiff’s Products”). 

10. Plaintiff’s Products are known for their distinctive patented designs. These 

designs are broadly recognized by consumers.

11. Plaintiff uses these designs in connection with its Plaintiff’s Products, as shown 

for example in the side-by-side comparison below:

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D’859 Patent Ouyeinc Ltd’s Wax Warmer

12. Plaintiff operates a website and also through Amazon platform (collectively 

“Plaintiff’s selling sites”) where it promotes and sells genuine Plaintiff’s Products. Sales of 

Plaintiff’s Products via Plaintiff’s selling sites represent a significant portion of Plaintiff’s 

business. Plaintiff’s selling sites features proprietary content, images and designs exclusive to 

Plaintiff.

13. Upon information and belief, the Defendants have created and continue to create 

numerous Amazon.com, AliExpress.com, Alibaba.com, Wish.com and eBay.com stores and 

design them to appear to be selling genuine Pro-Wax100 products, while selling infringing 

versions of Plaintiff’s products. The Amazon.com, AliExpress.com, Alibaba.com, Wish.com and 

eBay.com stores identified in Schedule A appear to be related entities in some cases. Some stores 

share several distinct and unique features such as using nearly identical store designs and using 

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identical product pages, including identical pictures and product descriptions. This establishes a 

logical relationship between them suggesting that Defendants’ illegal operations arise out of the 

same transaction, occurrence, or series of transactions or occurrences.

14. Defendants are individuals and business entities who, upon information and 

belief, reside in the People’s Republic of China or other foreign jurisdictions. Defendants 

conduct business throughout the United States, including within Illinois and in this Judicial 

District, through the operation of the fully interactive commercial websites and online 

marketplaces operating under the Amazon.com, AliExpress.com, Alibaba.com, Wish.com and 

eBay.com stores. Each Defendant targets the United States, including Illinois, and has offered to 

sell and, on information and belief, has sold and continues to sell infringing products, to 

consumers within the United States, including Illinois and in this Judicial District.

DEFENDANT’S UNLAWFUL CONDUCT

15. The success of the Plaintiff’s products has resulted in its being infringed upon by 

a wide range of different marketplace stores. Plaintiff has identified numerous marketplace stores 

on Amazon.com, AliExpress.com, Alibaba.com, Wish.com and eBay.com which are offering for 

sale, selling, and importing infringing and unauthorized products to consumers in this Judicial 

District and throughout the United States. Defendants have persisted in creating subsequent 

online Stores. 

16. Defendants go to great lengths to conceal their identities and often use multiple 

fictitious names and addresses to register and operate their network of Defendant Internet Stores. 

On information and belief, Defendants regularly create new online marketplace accounts on 

various platforms using the identities listed in Schedule A to the Complaint, as well as other

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unknown fictitious names and addresses. Such Defendant Internet Store registration patterns are 

one of many common tactics used by the Defendants to conceal their identities, the full scope 

and interworking of their infringing operations, and to avoid being shut down.

17. Even though Defendants operate under multiple fictitious names, there are 

numerous similarities among the Defendant Internet Stores. For example, infringing products for 

sale in the Defendant Internet Stores bear similar infringing indicia to one another, suggesting 

that the infringing products were manufactured by and come from a common source and that 

Defendants are interrelated. The Defendant Internet Stores also include other notable common 

features, including use of the similar accepted payment methods, check-out methods, meta data, 

illegitimate SEO tactics, lack of contact information, identically or similarly priced items and 

volume sales discounts, the similar incorrect grammar and misspellings, and the use of the 

similar text and images, including content copied from Plaintiff’s product listings. 

18. In addition to operating under multiple fictitious names, Defendants in this case 

and defendants in other online infringing cases use a variety of methods to evade enforcement 

efforts including simply registering new online marketplace accounts once they receive notice of 

a lawsuit, and operating multiple credit card merchant accounts to evade collection efforts by 

Plaintiffs armed with enforceable judgments. Upon information and belief, Defendants maintain 

off-shore bank accounts and regularly move funds from their online money accounts, to offshore bank accounts outside the jurisdiction of this Court.

19. Defendants, without any authorization or license from Plaintiff, have knowingly 

and willfully used and continue to infringe Plaintiff’s design patent in connection with the 

advertisement, distribution, offering for sale, and sale of infringing products into the United 

States and Illinois over the Internet. Each Defendant Amazon.com, AliExpress.com, 

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Alibaba.com, Wish.com and eBay.com account shipped infringing products to the United States, 

including Illinois, and has in fact sold or offered for sale the products during the course of 

Plaintiff’s preliminary investigations.

20. Defendants’ infringement of Plaintiff’s Design in the making, using, offering for 

sale, selling, and/or importing into the United States for subsequent sale or use of the Infringing 

Products was willful. 

21. Defendants’ infringement of Plaintiff’s Design in connection with the making, 

using, offering for sale, selling, and/or importing into the United States for subsequent sale or use 

of the Infringing Products, including the making, using, offering for sale, selling, and/or 

importing into the United States for subsequent sale or use of Infringing Products into Illinois, is 

irreparably harming Plaintiff.

COUNT I

DESIGN PATENT INFIRNGEMENT (35 U.S.C. § 271)

22. Plaintiff re-alleges and incorporates by reference each and every allegation set 

forth in the preceding paragraphs as if fully set forth herein.

23. Defendants are making, using, offering for sale, selling, and/or importing into the 

United States for subsequent sale or use Infringing Products that infringe directly and/or 

indirectly the ornamental design claimed in Plaintiff’s Design.

24. Defendants have infringed the Plaintiff’s Design through the aforesaid acts and 

will continue to do so unless enjoined by this Court. Defendants’ wrongful conduct has caused 

Plaintiff to suffer irreparable harm resulting from the loss of its lawful patent rights to exclude 

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others from making, using, selling, offering for sale, and importing the patented invention. 

Plaintiff is entitled to injunctive relief pursuant to 35 U.S.C. § 283. 

25. Plaintiff is entitled to recover damages adequate to compensate for the 

infringement, including Defendants’ profits pursuant to 35 U.S.C. § 289. Plaintiff is entitled to 

recover any other damages as appropriate pursuant to 35 U.S.C. § 284

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants as follows:

1) That Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, 

and all persons acting for, with, by, through, under or in active concert with them be temporarily, 

preliminarily, and permanently enjoined and restrained from: 

a. making, using, offering for sale, selling, and/or importing into the United States for 

subsequent sale or use any products not authorized by Plaintiff and that include any 

reproduction, copy or colorable imitation of the design claimed in the Plaintiff’s Design;

b. aiding, abetting, contributing to, or otherwise assisting anyone in infringing upon the 

Plaintiff’s Design; and

c. effecting assignments or transfers, forming new entities or associations or utilizing any 

other device for the purpose of circumventing or otherwise avoiding the prohibitions set 

forth in Subparagraphs (a) and (b).

2) Entry of an Order that, upon Plaintiff’s request, those with notice of the injunction, including, 

without limitation, any online marketplace platforms such as Amazon.com, AliExpress.com, 

Alibaba.com, Wish.com and eBay.com (collectively, the “Third Party Providers”) shall disable 

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and cease displaying any advertisements used by or associated with Defendants in connection 

with the sale of goods that infringe the ornamental design claimed in the Plaintiff’s Design; 

3) That Plaintiff be awarded such damages as it shall prove at trial against Defendants that are 

adequate to compensate Plaintiff for Defendants’ infringement of the Plaintiff’s Design, but in no 

event less than a reasonable royalty for the use made of the invention by the Defendants, together 

with interest and costs, pursuant to 35 U.S.C. § 284; 

4) That the amount of damages awarded to Plaintiff to compensate Plaintiff for infringement of 

the Plaintiff’s Design be increased by three times the amount thereof, as provided by 35 U.S.C. § 

284; 

5) In the alternative, that Plaintiff be awarded all profits realized by Defendants from 

Defendants’ infringement of the Plaintiff’s Design, pursuant to 35 U.S.C. § 289; 

6) That Plaintiff be awarded its reasonable attorneys’ fees and costs; and 

7) Award any and all other relief that this Court deems just and proper.

DATED June 15, 2020 Respectfully submitted,

OUYEINC LTD.

By: /s/ James A. Karamanis

James A. Karamanis

Barney & Karamanis, LLP

Two Prudential Plaza

180 N. Stetson, Ste 3050

Chicago, IL 60601

Tel.: 312/553-5300

Attorney No. 6203479

James@bkchicagolaw.com

ATTORNEY FOR PLAINTIFF Ouyeinc Ltd 

PLAINTIFF Ouyeinc Ltd.

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