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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

OAKLEY, INC., 

 Plaintiff,

v.

ADVENTURER, et al.,

 Defendants.

Case No. 20-cv-03547

Judge John Robert Blakey

SEALED TEMPORARY RESTRAINING ORDER

THIS CAUSE being before the Court on Plaintiff Oakley, Inc.’s (“Oakley” or 

“Plaintiff”) Ex Parte Motion for Entry of a Temporary Restraining Order, Including a 

Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery, and 

Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (the 

“Motions”) against the fully interactive, e-commerce stores1 operating under the 

seller aliases identified in Schedule A to the Amended Complaint (collectively, the 

“Seller Aliases”), and this Court having heard the evidence before it hereby GRANTS 

Plaintiff’s Motions in their entirety. 

This Court further finds that it has personal jurisdiction over the Defendants 

since the Defendants directly target their business activities toward consumers in the 

United States, including Illinois. “In the context of cases like this one, that means a 

plaintiff must show that each defendant is actually operating an interactive website 

1 The e-commerce store urls are listed on Schedule A hereto under the Online Marketplaces.

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that is accessible in Illinois and that each defendant has aimed such site at Illinois 

by standing ready, willing and able to ship its [infringing] goods to customers in 

Illinois in particular (or otherwise has some sufficient voluntary contacts with the 

state).” Am. Bridal & Prom Indus. Ass'n v. P'ships & Unincorporated Ass'ns 

Identified on Schedule A, 2016 U.S. Dist. LEXIS 85197, at *26-27 (N.D. Ill. June 29, 

2016). Specifically, Defendants have targeted sales to Illinois residents by setting up 

and operating e-commerce stores that target United States consumers using one or 

more Seller Aliases, offer shipping to the United States, including Illinois, accept 

payment in U.S. dollars and, on information and belief, have sold products that 

infringe directly and/or indirectly Oakley’s United States design patents (the “Oakley 

Designs”) to residents of Illinois. The Oakley Designs are shown in the below chart. 

See Declaration of Jason Groppe at ¶ 7, Docket No. [18]. In addition, Plaintiff’s 

screenshot evidence confirms that each Defendant’s e-commerce store does stand 

ready, willing and able to ship its infringing goods to customers in Illinois. Id. at ¶ 

9, Docket No. [18]. Moreover, several of the Defendants’ e-commerce stores have in 

fact shipped infringing goods to Illinois. Id.

Patent Number Claim Issue Date

D719,209 December 9, 2014

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D725,695 March 31, 2015

D725,696 March 31, 2015

This Court also finds that issuing this Order without notice pursuant to Rule 

65(b)(1) of the Federal Rules of Civil Procedure is appropriate because Oakley has 

presented specific facts in the Declaration of Jason Groppe [18], paragraphs 17-22, 

and the Declaration of Justin R. Gaudio [17], paragraphs 3-5, in support of the Motion 

for Temporary Restraining Order and accompanying evidence clearly showing that 

immediate and irreparable injury, loss, or damage will result to the movant before 

the adverse party can be heard in opposition. Specifically, in the absence of an ex 

parte Order, Defendants could and likely would move any assets from accounts in 

financial institutions under this Court’s jurisdiction to off-shore accounts. As other 

courts have recognized, proceedings against those who deliberately traffic in 

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infringing merchandise are often useless if notice is given to the adverse party. 

Accordingly, this Court orders that:

1. 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 enjoined and restrained from:

a. offering for sale, selling, and importing any products not authorized by 

Oakley and that include any reproduction, copy or colorable imitation of the 

designs claimed in the Oakley Designs;

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

infringing upon the Oakley Designs; 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. Upon Oakley’s request, any third party with actual notice of this Order who is 

providing services for any of the Defendants or in connection with any of 

Defendants’ Online Marketplaces, including, without limitation, any online 

marketplace platforms such as eBay, Inc. (“eBay”), AliExpress, Alibaba Group 

Holding Ltd. (“Alibaba”), Amazon.com, Inc. (“Amazon”), ContextLogic Inc. 

d/b/a Wish.com (“Wish.com”), and Dhgate (collectively, the “Third Party 

Providers”) shall, within five (5) business days after receipt of such notice, 

provide to Oakley expedited discovery, including copies of all documents and 

records in such person’s or entity’s possession or control relating to:

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a. the identities and locations of Defendants, their agents, servants,

employees, confederates, attorneys, and any persons acting in concert or 

participation with them, including all known contact information and all 

associated e-mail addresses;

b. the nature of Defendants’ operations and all associated sales, methods of 

payment for services and financial information, including, without 

limitation, identifying information associated with the Online 

Marketplaces and Defendants’ financial accounts, as well as providing a full

accounting of Defendants’ sales and listing history related to their 

respective Online Marketplaces; and

c. any financial accounts owned or controlled by Defendants, including their 

agents, servants, employees, confederates, attorneys, and any persons 

acting in concert or participation with them, including such accounts 

residing with or under the control of any banks, savings and loan 

associations, payment processors or other financial institutions, including,

without limitation, PayPal, Inc. (“PayPal”), Alipay, Alibaba, Ant Financial 

Services Group (“Ant Financial”), Amazon Pay, Wish.com, or other 

merchant account providers, payment providers, third party processors, 

and credit card associations (e.g., MasterCard and VISA).

3. Upon Oakley’s request, those with notice of the injunction, including the Third 

Party Providers as defined in Paragraph 2, shall within five (5) business days 

after receipt of such notice, disable and cease displaying any advertisements 

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used by or associated with Defendants in connection with the sale of infringing 

goods using the Oakley Designs.

4. Defendants shall be temporarily restrained and enjoined from transferring or 

disposing of any money or other of Defendants’ assets until further ordered by 

this Court. 

5. Any Third Party Providers, including PayPal, Alipay, Alibaba, Ant Financial, 

Wish.com, and Amazon Pay, shall, within five (5) business days of receipt of 

this Order:

a. locate all accounts and funds connected to Defendants or the Seller Aliases

and Online Marketplaces, including, but not limited to, any financial 

accounts connected to the information listed in Schedule A hereto, the email addresses identified in Exhibit 4 to the Declaration of Jason Groppe,

and any e-mail addresses provided for Defendants by third parties; and

b. restrain and enjoin any such accounts or funds from transferring or 

disposing of any money or other of Defendants’ assets until further ordered 

by this Court. 

6. Oakley is authorized to issue expedited written discovery, pursuant to the 

Federal Rules of Civil Procedure 33, 34 and 36, related to:

a. the identities and locations of Defendants, their agents, servants, 

employees, confederates, attorneys, and any persons acting in concert or 

participation with them, including all known contact information, including 

any and all associated e-mail addresses; and

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b. the nature of Defendants’ operations and all associated sales, methods of 

payment for services and financial information, including, without 

limitation, identifying information associated with the Online 

Marketplaces and Defendants’ financial accounts, as well as providing a full 

accounting of Defendants’ sales and listing history related to their 

respective Online Marketplaces.

Oakley is authorized to issue any such expedited discovery requests via e-mail. 

Defendants shall respond to any such discovery requests within three (3) 

business days of being served via e-mail. 

7. Oakley may provide notice of these proceedings to Defendants, including notice 

of the preliminary injunction hearing, service of process pursuant to Fed. R.

Civ. P. 4(f)(3), and any future motions by electronically publishing a link to the 

Amended Complaint, this Order and other relevant documents on a website 

and by sending an e-mail to the e-mail addresses identified in Exhibit 4 to the 

Declaration of Jason Groppe and any e-mail addresses provided for Defendants 

by third parties that includes a link to said website. The Clerk of the Court is 

directed to issue a single original summons in the name of “ADVENTURER

and all other Defendants identified in the Amended Complaint” that shall 

apply to all Defendants. The combination of providing notice via electronic 

publication and e-mail, along with any notice that Defendants receive from 

payment processors, shall constitute notice reasonably calculated under all 

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circumstances to apprise Defendants of the pendency of the action and afford 

them the opportunity to present their objections.

8. Exhibit 1 [2], Exhibit 2 [3], Exhibit 3 [4] and Exhibit 4 [5] to the Complaint, 

the Amended Complaint [13] and Exhibit 1 [14], Exhibit 2 [13-1], Exhibit 3 [13-

2], Exhibit 4 [13-3], Exhibit 5 [13-4], Exhibit 6 [13-5] and Exhibit 7 [13-6] 

thereto, Schedule A to the Complaint [6] and the Amended Complaint [13-7], 

Plaintiff’s Motion for Entry of a Temporary Restraining Order [15], Plaintiff’s 

Memorandum in Support of its Motion for Entry of a Temporary Restraining 

Order [16], the Declaration of Jason Groppe [18] and Exhibit 1 [18-1], Exhibit 

2 [18-2], Exhibit 3 [18-3], and Exhibit 4 [19] thereto, the Declaration of Justin 

R. Gaudio [17] and Exhibit 1 [17-1] and Exhibit 2 [17-2] thereto, Plaintiff’s 

Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [20], 

Plaintiff’s Memorandum in Support of its Motion for Electronic Service of 

Process Pursuant to Fed. R. Civ. P. 4(f)(3) [21], the Declaration of Justin R. 

Gaudio [22] and Exhibit 1 [22-1] and Exhibit 2 [22-2] thereto, Plaintiff’s 

Notification of Affiliates [24], Plaintiff’s Notice of Claims Involving Patents 

[25], and this Order shall remain sealed until further ordered by this Court. 

9. Oakley shall deposit with the Court ten thousand dollars ($10,000.00), either 

cash or surety bond, as security, which amount was determined adequate for 

the payment of such damages as any person may be entitled to recover as a 

result of a wrongful restraint hereunder, such bond to be deposited with the 

Court once in-person civil case hearings resume.

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10. Any Defendants that are subject to this Order may appear and move to dissolve 

or modify the Order as permitted by and in compliance with the Federal Rules 

of Civil Procedure and Northern District of Illinois Local Rules. 

11. This Temporary Restraining Order without notice is entered 11:00 A.M. on this 

19th day of June 2020 and shall remain in effect for fourteen (14) days.

 

_______________________________________ 

John Robert Blakey

United States District Judge

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Oakley, Inc. v. Adventurer, et al. - Case No. 20-cv-3547

Schedule A

No. Seller Aliases No. Seller Aliases

1 Adventurer 2 Colourful Candies Store

3 douniu Store 4 FIRECLUB Tactical Accessories Store

5 muzz official store 6 Shop5563225 Store

7 Trademake Store 8 1980 Store

9 1993 ZJ Store 10 666 Outdoor Store

11 AESport Store 12 Best100 Store

13 BFE2019 Store 14 chiangifts ali

15 cycling stars 16 eHoll Dropshipping Store

17 esoone store 18 f343 Store

19 FORAUTO Online Store 20 Forever Love Evergrade

21 Frist shine Store 22 himiss store

23 JXSALLPLQ Outdoor Store 24 LEEPEE Automobile Store

25 LEEPEE Car Acsrs Store 26 Luckylucky Store

27 NandIKa Official Store 28 SGCIKER cycling Store

29 shop1491741 store 30 Shop5093103 Store

31 Shop5161029 Store 32 Shop5734337 Store

33 Shop5743070 Store 34 Shop5794537 Store

35 Sport Angel 36 SWOKENCE Official Store

37 TESIA 2000 Store 38 Utrust Store

39 Vitality Outdoor Store 40 worthwhile cycling

41 YOSOLO Official Store 42 zohan outdoors store

43 BOW 44 eiwqh

45 shangfangdemao 46 gardenshow

47 hiking_mall 48 hm-photo-us

49 kui3-12 50 mekingstudio-cn01

51 mgzqb01_8 52 mkstudio

53 sopedar-sport 54 wannausa

55 westyourbox 56 abange

57 BikeTime 58 changxinen

59 FortuneJ 60 haifengyang

61 integrated power 62 Lan lan 1990

63 Mr.Chen Worldwide 64 sherwin8689

65 shishangnanzhuang 66 Star Lele Group

67 xuxulili 68 Yao Ting trade

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No. Online Marketplaces No. Online Marketplaces

1 aliexpress.com/store/1090525 2 aliexpress.com/store/1526546

3 aliexpress.com/store/4789001 4 aliexpress.com/store/1048446

5 aliexpress.com/store/3374032 6 aliexpress.com/store/5563225

7 aliexpress.com/store/5035111 8 aliexpress.com/store/831963

9 aliexpress.com/store/2402124 10 aliexpress.com/store/5519033

11 aliexpress.com/store/900180006 12 aliexpress.com/store/5042142

13 aliexpress.com/store/5069179 14 aliexpress.com/store/916544

15 aliexpress.com/store/3185038 16 aliexpress.com/store/1929262

17 aliexpress.com/store/5430273 18 aliexpress.com/store/5424307

19 aliexpress.com/store/2657214 20 aliexpress.com/store/1916128

21 aliexpress.com/store/1911233 22 aliexpress.com/store/5185012

23 aliexpress.com/store/5203037 24 aliexpress.com/store/5078258

25 aliexpress.com/store/5065339 26 aliexpress.com/store/4413231

27 aliexpress.com/store/5115023 28 aliexpress.com/store/5056113

29 aliexpress.com/store/1491741 30 aliexpress.com/store/5093103

31 aliexpress.com/store/5161029 32 aliexpress.com/store/5734337

33 aliexpress.com/store/5743070 34 aliexpress.com/store/5794537

35 aliexpress.com/store/1149273 36 aliexpress.com/store/336717

37 aliexpress.com/store/2502066 38 aliexpress.com/store/4230029

39 aliexpress.com/store/5009044 40 aliexpress.com/store/3659078

41 aliexpress.com/store/3256120 42 aliexpress.com/store/5063405

43 amazon.com/sp?seller=A45VO6GXW

3IE4

44 wish.com/merchant/5ae6b18522fad7

22688b54a0

45 wish.com/merchant/5a701ffc856edf

355826879a

46 ebay.com/usr/gardenshow

47 ebay.com/usr/hiking_mall 48 ebay.com/usr/hm-photo-us

49 ebay.com/usr/kui3-12 50 ebay.com/usr/mekingstudio-cn01

51 ebay.com/usr/mgzqb01_8 52 ebay.com/usr/mkstudio

53 ebay.com/usr/sopedar-sport 54 ebay.com/usr/wannausa

55 ebay.com/usr/westyourbox 56 wish.com/merchant/5ae6b73ab9605f

6379825015

57 wish.com/merchant/5a65cf0eccd9fc7

051db75e1

58 wish.com/merchant/5a0e6306dd032

94a859be1b6

59 wish.com/merchant/59bd25f94b913

a64577b3981

60 wish.com/merchant/5ad301d097223

3339369c15e

61 wish.com/merchant/54b33a00d630e

d64f2967953

62 wish.com/merchant/5b3f163786152a

74113e4811

63 wish.com/merchant/5d5b95f2283abc

44c24a5dc9

64 wish.com/merchant/56cac7741e15ff0

d60e1b1e7

65 wish.com/merchant/5848bf1ffef4096

a9d4d5957

66 wish.com/merchant/5b2af6599e189a

1389c37283

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No. Online Marketplaces No. Online Marketplaces

67 wish.com/merchant/5d41500f83889

70e1ef3fc16

68 wish.com/merchant/58f20b0d4a11d5

6a43729371

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