IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

OAKLEY, INC., 

 Plaintiff,

v.

THE PARTNERSHIPS AND

UNINCORPORATED ASSOCIATIONS

IDENTIFIED ON SCHEDULE “A”,

 Defendants.

Case No. 20-cv-04402

Judge Mary M. Rowland

Magistrate Judge Jeffrey Cummings

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S

MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION

Plaintiff Oakley, Inc. (“Oakley” or “Plaintiff”) submits this Memorandum of Law in 

support of its Motion for Entry of a Preliminary Injunction.

Case: 1:20-cv-04402 Document #: 30 Filed: 08/24/20 Page 1 of 5 PageID #:1739
1

MEMORANDUM OF LAW

I. INTRODUCTION

Plaintiff Oakley, Inc. (“Oakley” or “Plaintiff”) brings the present action against the 

defendants identified on Schedule A to the Complaint (collectively, the “Defendants”) for 

infringement of U.S. Design Patent No. D842,363. As alleged in Plaintiff’s Complaint [1], 

Defendants are knowingly and willfully offering for sale, selling, and/or importing into the United 

States for subsequent resale or use products that infringe directly and/or indirectly Oakley’s

patented design, U.S. Patent No. D842,363 (the “Infringing Products”) through various fully 

interactive, e-commerce stores1operating under the seller aliases listed in Schedule A to the 

Complaint (collectively, the “Seller Aliases”). 

II. STATEMENT OF FACTS

On July 31, 2020, this Court granted Plaintiff’s Ex Parte Motion for Entry of a Temporary 

Restraining Order (“the TRO”) [24]. The TRO authorized Plaintiff to provide notice of these 

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

link to the Complaint, the TRO and other relevant documents on a website and by sending an email to the e-mail addresses identified in Exhibit 2 to the Declaration of Jason Groppe and any email addresses provided for Defendants by third parties that includes a link to said website. [24]

at ¶ 7. Since and pursuant to entry of the TRO, 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.

1 The ecommerce store urls are listed on Schedule A to the Complaint under the Online Marketplaces.

Case: 1:20-cv-04402 Document #: 30 Filed: 08/24/20 Page 2 of 5 PageID #:1740
2

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 [11], 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 

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

remainder of the proceedings.

Case: 1:20-cv-04402 Document #: 30 Filed: 08/24/20 Page 3 of 5 PageID #:1741
3

IV. CONCLUSION

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

injunction.

Dated this 24th day of August 2020. Respectfully submitted,

/s/ Justin R. Gaudio

Amy C. Ziegler

Justin R. Gaudio

Jake M. Christensen 

Thomas J. Juettner

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

jchristensen@gbc.law

tjjuettner@gbc.law

Counsel for Plaintiff Oakley, Inc.

Case: 1:20-cv-04402 Document #: 30 Filed: 08/24/20 Page 4 of 5 PageID #:1742
4

CERTIFICATE OF SERVICE

I hereby certify that on the 24th day of August 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 Jason Groppe 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

Jake M. Christensen 

Thomas J. Juettner

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

jchristensen@gbc.law

tjjuettner@gbc.law

Counsel for Plaintiff Oakley, Inc.

Case: 1:20-cv-04402 Document #: 30 Filed: 08/24/20 Page 5 of 5 PageID #:1743