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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

EMOJI COMPANY GmbH, )

)

Plaintiff, )

) Case No. 20 CV 2862

v. )

) Judge Joan B. Gottschall

WUPENGFEI, et al. )

Defendants.

SEALED TEMPORARY RESTRAINING ORDER

THIS CAUSE coming before the Court on Plaintiff’s Ex Parte Motion for Entry of a 

Temporary Restraining Order, including a Temporary Injunction, a Temporary Transfer of the 

Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of 

Process by Email and/or Electronic Publication (the "Ex Parte Motion") against the defendants 

identified on Schedule A to the Amended Complaint (hereinafter “Complaint”) and attached 

hereto (collectively, the "Defendants") and using at least the domain names identified in 

Schedule A (the "Defendant Domain Names") and the online marketplace accounts identified in 

Schedule A (the "Online Marketplace Accounts"), and this Court having considered the evidence 

before it hereby GRANTS Plaintiff’s Ex Parte Motion.

This Court further finds that plaintiff has made a prima facie showing of personal 

jurisdiction over the Defendants since the Defendants directly target their business activities 

toward consumers in the United States, including Illinois, offering to sell and ship products into 

this Judicial District. Specifically, Defendants are reaching out to do business with Illinois

residents by operating one or more commercial, interactive Internet Stores through which Illinois

residents can purchase products bearing counterfeit versions of U.S. Trademark Registration 

Nos. 4,868,832; 5,202,078 and 5,415,510 (referenced below). 

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https://www.emoji.com/

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 Plaintiff has presented specific facts 

in the Declarations of José Santiago, Anna K. Reiter and Michael A. Hierl 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 modify registration data and content, change 

hosts, redirect traffic to other websites in their control, and move any assets from accounts in 

U.S.-based financial institutions, including ContextLogic, Inc. (“Wish”) accounts, to offshore 

accounts. As other courts have recognized, proceedings against those who deliberately traffic in 

counterfeit merchandise are often useless if notice is given to the adverse party. Accordingly, 

this Court orders that:

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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. using Plaintiff’s EMOJI Trademarks or any reproductions, counterfeit copies 

or colorable imitations thereof in any manner in connection with the 

distribution, marketing, advertising, offering for sale, or sale of any products

that are not genuine EMOJI products or not authorized by Plaintiff to be sold 

in connection with Plaintiff’s EMOJI Trademarks;

b. passing off, inducing, or enabling others to sell or pass off any products as 

genuine EMOJI products or other products produced by Plaintiff, that are not 

Plaintiff’s or not produced under the authorization, control or supervision of 

Plaintiff and approved by Plaintiff for sale under Plaintiff’s EMOJI

Trademarks;

c. committing any acts calculated to cause consumers to believe that Defendants' 

products are those sold under the authorization, control or supervision of 

Plaintiff, or are sponsored by, approved by, or otherwise connected with 

Plaintiff;

d. further infringing Plaintiff’s EMOJI Trademarks and damaging Plaintiff’s

goodwill;

e. otherwise competing unfairly with Plaintiff in any manner;

f. shipping, delivering, holding for sale, transferring or otherwise moving, 

storing, distributing, returning, or otherwise disposing of, in any manner, 

products or inventory not manufactured by or for Plaintiff, nor authorized by 

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Plaintiff to be sold or offered for sale, and which bear any of Plaintiff’s

EMOJI Trademarks or any reproductions, counterfeit copies or colorable 

imitations thereof;

g. using, linking to, transferring, selling, exercising control over, or otherwise 

owning the Online Marketplace Accounts, the Defendant Domain Names, or 

any other domain name or online marketplace account that is being used to 

sell or is the means by which Defendants could continue to sell Counterfeit 

EMOJI products; and

h. operating and/or hosting websites at the Defendant Domain Names and any 

other domain names registered or operated by Defendants that are involved 

with the distribution, marketing, advertising, offering for sale, or sale of any 

product bearing Plaintiff’s EMOJI Trademarks and any reproductions, 

counterfeit copies or colorable imitations thereof that is not a genuine EMOJI

product or not authorized by Plaintiff to be sold in connection with Plaintiff’s

EMOJI Trademarks.

2. Each Defendant, within fourteen (14) days after receiving notice of this Order, 

shall serve upon Plaintiff a written report under oath providing: (a) its true name and physical 

address, (b) all websites and online marketplace accounts on any platform that it owns and/or 

operates (c) its financial accounts, including all Wish accounts, and (d) the steps taken by that

Defendant to comply with paragraph 1, a through h, above.

3. The domain name registries for the Defendant Domain Names, including, but not 

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Limited to, VeriSign, Inc.; Neustar, Inc.; Afilias Limited; CentralNic; Nominet; and the Public 

Interest Registry, within three (3) business days of receipt of this Order or prior to expiration of 

this Order, whichever date shall occur first, shall, at Plaintiff’s choosing:

a. unlock and change the registrar of record for the Defendant Domain Names to 

a registrar of Plaintiff’s selection until further ordered by this Court, and the 

domain name registrars shall take any steps necessary to transfer the 

Defendant Domain Names to a registrar of Plaintiff’s selection until further 

ordered by this Court; or

b. disable the Defendant Domain Names and make them inactive and 

untransferable until further ordered by this Court.

4. Those in privity with Defendants and with actual notice of this Order, including 

any online marketplaces such as iOffer, Wish and any related entities, social media platforms, 

Facebook, YouTube, LinkedIn, Twitter, Internet search engines such as Google, Bing and 

Yahoo, web hosts for the Defendant Domain Names, and domain name registrars, shall within 

three (3) business days of receipt of this Order:

a. disable and cease providing services for any accounts through which 

Defendants engage in the sale of counterfeit and infringing goods using the

EMOJI Trademarks, including any accounts associated with the Defendants 

listed on Schedule A;

b. disable and cease displaying any advertisements used by or associated with 

Defendants in connection with the sale of counterfeit and infringing goods 

using the EMOJI Trademarks; and

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c. take all steps necessary to prevent links to the Defendant Domain Names 

identified on Schedule A from displaying in search results. This includes but 

is not limited to removing links to the Defendant Domain Names from any 

search index.

5. Defendants and 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' websites at the 

Defendant Domain Names or other websites operated by Defendants, including, without 

limitation, any online marketplace platforms such as iOffer and Wish, advertisers, Facebook, 

Internet Service Providers ("ISP"), web hosts, back-end service providers, web designers, 

sponsored search engine or ad-word providers, banks, merchant account providers, including 

Wish, Western Union, third party processors and other payment processing service providers, 

shippers, and domain name registrars (collectively, the "Third Party Providers") shall, within five 

(5) business days after receipt of such notice, provide to Plaintiff expedited discovery, including 

copies of all documents and records in such person's or entity's possession or control relating 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;

b. the nature of Defendants' operations and all associated sales and financial 

information, including, without limitation, identifying information associated 

with the Online Marketplace Accounts, the Defendant Domain Names, and 

Defendants' financial accounts, as well as providing a full accounting of 

Defendants' sales and listing history related to their respective Online 

Marketplace Accounts and Defendant Domain Names;

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c. Defendants' websites and/or any Online Marketplace Accounts;

d. The Defendant Domain Names or any domain name registered by Defendants; 

and

e. 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, Wish, 

Western Union, or other merchant account providers, payment providers, third 

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

6. Defendants and any persons in active concert or participation with them who have 

actual notice of this Order shall be temporarily restrained and enjoined from transferring or 

disposing of any money or other of Defendants' assets until further ordered by this Court.

7. Western Union shall, within two (2) business days of receipt of this Order, block 

any Western Union money transfers and funds from being received by the Defendants identified 

in Schedule A until further ordered by this Court.

8. ContextLogic, Inc. ("Wish"), and its related companies and affiliates shall, within 

two (2) business days of receipt of this Order, for any Defendant or any of Defendants' Online 

Marketplace Accounts or websites:

a. Locate all accounts and funds connected to and related to Defendants, 

Defendants' Online Marketplace Accounts or Defendants' websites, including, but 

not limited to, any Wish accounts connected to and related to the information listed 

in Schedule A to the Complaint; 

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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;

c. Wish shall provide Plaintiff’s counsel with data detailing:

(i) an accounting of the total funds restrained and the financial account(s) 

which the restrained funds are related to; 

(ii) the account transactions related to the financial account(s) which have 

been restrained; and

(iii) such restraining of the funds and the disclosure of the related financial 

institution account information shall be made without notice to the account owners until 

after those accounts are restrained; and

d. No funds restrained by this Order shall be transferred or surrendered by Wish 

for any purpose (other than pursuant to a chargeback made pursuant to Wish’s 

security interest in the funds) without the express authorization of this Court.

9. Any banks, savings and loan associations, payment processors, or other financial 

institutions, for any Defendant or any of Defendants' Online Marketplace Accounts or websites, 

shall within two (2) business days of receipt of this Order:

a. Locate all accounts and funds connected to Defendants, Defendants' Online 

Marketplace Accounts or Defendants' websites, including, but not limited to, any 

accounts connected to the information listed in Schedule A to the Complaint; and

b. Restrain and enjoin such accounts from receiving, transferring or disposing of any 

money or other of Defendants' assets until further ordered by this Court.

10. Plaintiff may provide notice of these proceedings to Defendants, including notice 

of any future hearings and service of process pursuant to Fed.R.Civ.P. 4(f)(3), by electronically

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publishing a link to the Complaint, this Order, and other relevant documents on a website to 

which the Defendant Domain Names are transferred, or by sending an e-mail to the e-mail 

addresses identified in Schedule A and any e-mail addresses provided for Defendants by third 

parties accompanied by a link to the website where the above-identified documents are located. 

The Clerk of Court is directed to issue a single original summons in the name of “wupengfei” 

and all other Defendants identified in the Complaint that shall apply to all Defendants. The 

combination of providing notice via electronic publication or e-mail, along with any notice that 

Defendants receive from domain name registrars and payment processors, shall constitute notice 

reasonably calculated under all circumstances to apprise Defendants of the pendency of the 

action and afford them the opportunity to present their objections.

11. Plaintiff’s Complaint, Schedule A to the Complaint, and this Order shall remain 

sealed until Defendants' financial accounts are restrained. Plaintiff shall file unsealed versions of 

the Complaint, Schedule A to the Complaint, and this Order using the CM/ECF system prior to 

the expiration of this Order. Plaintiff shall deposit with the Court Ten Thousand Dollars 

($10,000.00), either cash, cashier’s check 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.

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

modify the Order on two days' notice to Plaintiff or on shorter notice as set by this Court.

This Temporary Restraining Order without notice is entered on July 7, 2020, at

5:00 P.M., and shall remain in effect for fourteen (14) days.

Dated: July 7, 2020 /s/

Joan B. Gottschall

United States District Judge

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“SCHEDULE A” TO THE COMPLAINT

No Defendants

1 Wupengfei

2 Wutin

3 KUANGMENGFAN

4 litingting55

5 Cherish blue grace

6 Chunpingdian

7 Cairui

8 Chichichi

9 chn mk

10 CWJ company

11 dingdong2014

12 Guangzhou Feiyang Electronic Factory

13 Guoji

14 Hanxueling

15 In the shop

16 jane's super market

17 liulan store

18 pengpeng's collection

19 plokm258369@163.com

20 Romanceeee

21 shopping Happy O Yes

22 woaiwangyi188@163.com

23 yqbergkamp1204shop

24 15205060710

25 15825660678@163.com

26 2016*happystore

27 Adongjiayou

28 Adventure and Monotony

29 afdesx fashion store

30 All-in Globalmartket

31 ammos nxehemiah coltd

32 Asdfgt

33 Asuacxmj

34 Axfybfyyzyq

35 ayu0811

36 AZI86221

37 Azsahfbrs

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38 Ba

39 Baby Love

40 Beyond Fashion

41 Biweizhijia

42 bruc shopping

43 Caihao

44 caixue fashion

45 Caiyidian

46 Canbin Fashion Online

47 ChangZhou liv Ltd

48 chaofeng88

49 Chaoyanyu

50 CHENGXIN27

51 chenjingjing521

52 chenrong123

53 chicnova fashion

54 China various commodity shops

55 ChinaBwin

56 ChongQing Hot Pot

57 Classic trend shop

58 clothes market 2015

59 Codosale

60 Composedream

61 Crayons' International Trade

62 Cylkjhg

63 Daiyuxiu

64 Damishops

65 Danxiaoxiangny

66 daserwd fashion store

67 Dawang.co.ltd

68 Daxueyuan

69 Demin

70 Dhfuiyeihr

71 dingqier fashion

72 DONGGUAN CHUANQI INDUSTRIAL CO., LTD.

73 dongrui shop

74 dongyi fashion

75 Dove valley shop

76 Duqingyunpp

77 East International Knitting Co.,Ltd.

78 Exciting Little Farm

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79 Fashion Maker Co,LTD

80 Fashion Tops Factory

81 FASHION WEY

82 Fashion21

83 Fengyandian

84 fugeng fashion

85 Funnyshirts

86 Gaodanfeng

87 Goblinger

88 Guotongtong

89 HappyBJ

90 HEKEY

91 hhnewtrends

92 High Quality Goods

93 HK rianB store

94 huanyugaoke

95 hui_adm

96 huixu fashion store

97 jingnadian

98 jqshadow

99 JUN

100 KaiLi Rice Dumplings

101 kthzrysg

102 Lanxi Hao Bo ecommerce.Co., Ltd.

103 Liaolidian

104 Liaoshutingdian

105 lilonggang908906

106 LINHUAN7

107 liulijun168

108 liuqing fashion

109 longchaoqun fashion

110 Lovelyxu

111 Luodeying

112 luyi fashion

113 LYPP

114 Mingheminxiongmei

115 MK7RVUUH

116 Mobile phone accessories LTD

117 Mosesid

118 mrkong trading company

119 new fashion 1992

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120 Niecisy Handbags

121 Nimengting

122 nokelo store

123 official*zhiyong

124 omhhkb shopping

125 one person001

126 ouqu334 plaza

127 Our Day

128 panliuming fashion

129 panwei 123

130 Pefect

131 Pengmingzhu

132 puan fashion

133 qianliuying8056126

134 qinxiaoning8866

135 Qinxuededianpu

136 Qiushu

137 Qliuyun

138 ROTASHAR

139 RuoMu

140 Rzuby

141 SANWELL88

142 shench1740730

143 Spearnaily

144 Sportniu

145 tanghua fashion

146 THANKSCC

147 Tingtingdian

148 Tongren mung flour

149 UwlyssesAyndrewmall

150 weideyua Friday

151 Weiweidian

152 Weiyuelong

153 wfpSimple

154 Wiodg

155 Wuhoodie

156 wujinzong678

157 wujunyi5566

158 Wuqiuzengqian

159 wushenghong fashion

160 WXBBV USGB IINV

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161 Xia Yu Koizumi scissors brand

162 xiao jun 668

163 Xiao wu big yards shop

164 xiaomingzhang wholeshop

165 Xiaopingmilk

166 xijnmv fashion store

167 Xinglidian

168 Xinlan66088

169 xutiantian2016

170 Xuzhiwei

171 Yadana

172 Yang_ming

173 Yanmingdian

174 Yanzace

175 Yunyysh

176 yxx151010

177 Zeduandian

178 Zfgdfgdfgzcfg

179 Ziyanpingg

180 zuf55ma

181 Longsand

182 Racefish

183 Runningcity

184 Southhillpark

185 Stonehomevalley

186 Sun & Spring

187 Jfgiromnjdu

188 Langerton

189 Lotusmiss

190 sxl65546

191 Fastfashiontrend

192 Faxianmeideni

193 Fdrhgfthjyt

194 forever new life

195 Gaosiyu

196 GL

197 Globalebuy Co., LTD.

198 Graceful home

199 Haolisayumi

200 Happy Island Toys Co.,LTD

201 Happyboyqi

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202 Happylands

203 highsky009

204 Home beauty trade co., LTD

205 Huahuamall

206 infantcare21

207 jialongmaoyi232123

208 K COOL

209 LBchaoshen

210 lily boutique shop

211 LookingforGOOD

212 Lsj

213 Megatop

214 Meiliwmoon

215 Mermaidpainting

216 mi shang company

217 pin yi xuan

218 Poppyhenler

219 Qianggegongsi

220 Rapidwood

221 Raytrad

222 REMOFON

223 Sasha168

224 Seashell02

225 SFJ-fashion store

226 shining shoes

227 Shuting

228 Silier

229 Small peak building materials

230 Splendid VENUS

231 Starfruit

232 Starships

233 Sweetpower

234 Taishanshan

235 Taomumu

236 TIMO Fashion Store

237 Waltha-foes

238 Argb

239 Heio shop

240 littlefairy520

241 Mystar491

242 Seeker

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243 Sunwoif Co LTD

244 Timothy

245 Wisegood

246 YAOZI112233

247 Yes Fashion

248 yfy4

249 Zhaijinxiu

250 Zhangshulili

251 zhenzhen905

252 zhoululu86913

253 fy12345678901

254 mycos factory

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