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IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

WHAM-O HOLDING, LTD. and 

INTERSPORT CORP. d/b/a WHAM-O,

Plaintiffs,

v.

THE PARTNERSHIPS AND UNINCORPORATED 

ASSOCIATIONS IDENTIFIED ON SCHEDULE “A”,

Defendants.

Case No.: 1:20-cv-04202

Judge Thomas M. Durkin

Magistrate Judge Sheila M. Finnegan

PRELIMINARY INJUNCTION ORDER

THIS CAUSE being before the Court on Plaintiffs, WHAM-O HOLDING, LTD. and 

INTERSPORT CORP. d/b/a WHAM-O (“WHAM-O” or “Plaintiffs”), Motion for a Preliminary 

Injunction, and this Court having heard the evidence before it hereby GRANTS Plaintiffs’ Motion 

for Entry of a Preliminary Injunction in its entirety against the defendants identified in Schedule 

A (collectively, the “Defendants”).

THIS COURT HEREBY 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 that is accessible in Illinois and that each 

defendant has aimed such site at Illinois by standing ready, willing and able to ship its counterfeit 

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, 192 F.Supp.3d 924, 934 (N.D. Ill. 2016). In this case, Plaintiffs have presented 

screenshot evidence that each Defendant Internet Store is reaching out to do business with Illinois 

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

residents can and do purchase products using counterfeit versions of Plaintiffs’ trademarks. See 

Docket No. 11 which includes screenshot evidence confirming that each Defendant Internet Store 

does stand ready, willing and able to ship its counterfeit goods to customers in Illinois bearing 

infringing and/or counterfeit versions of the FRISBEE trademarks, U.S. Trademark Registration 

Nos. 4,046,202; 970,089 and 679,186 (“The FRISBEE trademarks”).

THIS COURT FURTHER FINDS that injunctive relief previously granted in the 

Temporary Restraining Order (“TRO”) should remain in place through the pendency of this 

litigation and that issuing this Preliminary Injunction is warranted under Federal Rule of Civil 

Procedure 65. Evidence submitted in support of this Motion and in support of WHAM-O’s

previously granted Motion for a Temporary Restraining Order establishes that WHAM-O has a 

likelihood of success on the merits; that no remedy at law exists; and that WHAM-O will suffer 

irreparable harm if the injunction is not granted.

Specifically, WHAM-O has proved a prima facie case of trademark infringement because 

(1) the FRISBEE trademarks are distinctive marks and are registered with the U.S. Patent and 

Trademark Office on the Principal Register, (2) Defendants are not licensed or authorized to use 

the FRISBEE trademarks, and (3) Defendants’ use of the FRISBEE trademarks is causing a 

likelihood of confusion as to the origin or sponsorship of Defendants’ products with WHAM-O. 

Furthermore, Defendants’ continued and unauthorized use of the FRISBEE trademarks

irreparably harms WHAM-O through diminished goodwill and brand confidence, damage to 

WHAM-O’s reputation, loss of exclusivity, and loss of future sales. Monetary damages fail to 

address such damage and, therefore, WHAM-O has an inadequate remedy at law. Moreover, the 

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public interest is served by entry of this Preliminary Injunction to dispel the public confusion 

created by Defendants’ actions. 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. using the FRISBEE 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 product that is not a 

genuine FRISBEE product or not authorized by WHAM-O to be sold in 

connection with the FRISBEE trademarks;

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

genuine FRISBEE product or any other product produced by WHAM-O, that 

is not WHAM-O’s or not produced under the authorization, control or 

supervision of WHAM-O and approved by WHAM-O for sale under the 

FRISBEE trademarks;

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

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

WHAM-O, or are sponsored by, approved by, or otherwise connected with 

FRISBEE;

d. further infringing the FRISBEE trademarks and damaging WHAM-O’s

goodwill;

e. otherwise competing unfairly with WHAM-O in any manner;

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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 WHAM-O, nor authorized by WHAM-O

to be sold or offered for sale, and which bear any of the FRISBEE 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, or any other online marketplace 

account that is being used to sell or is the means by which Defendants could 

continue to sell Counterfeit/Infringing FRISBEE products; and

h. operating and/or hosting at the Online Marketplace Accounts and any other 

online marketplace accounts registered or operated by Defendants that are 

involved with the distribution, marketing, advertising, offering for sale, or sale 

of any product bearing the FRISBEE trademarks or any reproductions, 

counterfeit copies or colorable imitations thereof that is not a genuine 

FRISBEE product or not authorized by WHAM-O to be sold in connection 

with the FRISBEE trademarks.

2. Those in privity with Defendants and with actual notice of this Order, including any online 

marketplaces such as, but not limited to PayPal, WISH and Alipay, (collectively, 

"Marketplaces"), social media platforms, Facebook, YouTube, LinkedIn, Twitter, Internet 

search engines such as Google, Bing and Yahoo, 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 

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FRISBEE trademarks, including any accounts associated with the 

Defendants listed in 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 FRISBEE trademarks; and

c. take all steps necessary to prevent links to the Defendant Online 

Marketplace Accounts identified in Schedule A from displaying in search 

results, including, but not limited to, removing links to the Online 

Marketplace Accounts from any search index.

3. 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' Online Marketplace 

Accounts or other websites operated by Defendants, including, without limitation, any 

online marketplace platforms such as Marketplaces, 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, but not limited to, PayPal, Alipay, Western Union, third party processors and 

other payment processing service providers, shippers, and online marketplace registrars 

(collectively, the "Third Party Providers") shall, within three (3) business days after receipt 

of such notice, provide to WHAM-O 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;

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

information, including, without limitation, identifying information 

associated with the Online Marketplace Accounts, and Defendants' financial 

accounts, as well as providing a full accounting of Defendants' sales and 

listing history related to their respective Online Marketplace Accounts;

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

d. The Defendant Online Marketplace Accounts 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, 

Amazon, PayPal, Alipay, Western Union, or other merchant account 

providers, payment providers, third party processors, and credit card 

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

4. 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.

5. PayPal, Inc. (“PayPal”), Context Logic, Inc.(“WISH”) and Alipay US, Inc. and its 

entities (“Alipay”), shall, within three (3) 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 Defendants, Defendants' Online 

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

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PayPal, WISH and Alipay accounts connected to the information listed in 

Schedule A hereto or the email addresses identified in Exhibit 2 to the 

Declaration of Todd Richards; and

b. Restrain and enjoin any such accounts or funds that are non-U.S. foreign based 

from transferring or disposing of any money or other of Defendants' assets until 

further ordered by this Court.

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

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

Online Marketplace Accounts, including, but not limited to, any accounts 

connected to the information listed in Schedule A hereto or the email addresses 

identified in Exhibit 2 to the Declaration of Todd Richards; 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.

7. WHAM-O may provide notice of these proceedings to Defendants, including notice of the

preliminary injunction hearing and service of process pursuant to Fed.R.Civ.P. 4(f)(3), by 

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

on a website, or by sending an e-mail to the e-mail addresses identified in Exhibit 2 to the 

Declaration of Todd Richards and any e-mail addresses provided for Defendants by third 

parties that includes a link to said website. The Clerk of Court is directed to issue a single 

original summons in the name of “atmjp and all other Defendants identified in Complaint” 

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

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

Marketplace Accounts 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.

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

 the Order on two days' notice to WHAM-O or on shorter notice as set by this Court.

9. The $10,000 bond posted by WHAM-O shall remain with the Court until a Final disposition

of this case or until this Preliminary Injunction is terminated.

Dated: August 18, 2020

______________________________

U.S. District Court Judge

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SCHEDULE A

No. Defendants

1 atmjp

2 manusshop

3 Loves Boutique

4 tim_q

5 Wuhan Tianpin Business Trading Company

6 fanlei11

7 Linjou ling nine

8 liulei135

9 lizhichao11

10 wenxiaozhi

11 Double boutique

12 One Song Away

13 littlevolcano01

14 Sclrecroely

15 PTstore18s

16 Southumbrella06

17 Look forward to823

18 xylophone

19 varition

20 xiaoHgaoduandingzhi

21 qianqianwomen

22 Super Gloal Trade Co,Ltd

23 Jiaowanzi Store

24 now here shop

25 rxc989656

26 Xiao Hao 1999

27 yguoxiangxiang

28 jingwanlin

29 qiaofuding123456

30 tongyuqing

31 wangzhishuang

32 lianghuan520q

33 tanlijuan

34 exoterica

35 Prettycottage

36 Eddie Store

37 Shop5006319 Store

38 love life Store

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39 WarmCurrent Store

40 365-Days Booming Store

41 A Cozy Store

42 Best Tools Online Dropshipping Store

43 E-Tool&Life Store

44 Happiness House Store

45 Lighting & Tools & House Improvement Store

46 Lovely home, Sweet life

47 Sturdy Tool&Lighting Store

48 Beautiful LovePet Store

49 Celebrate For The World Store

50 Our Globel shipping Groceries Store

51 Overseas Dropshipping Factory Store

52 Shop5485202 Store

53 ALL you loving Store

54 Cutepet Store

55 Fantasy Garden & Life House Store

56 HOUSE SHOP Store

57 Practical Kitchen Store

58 Shopping in your Store

59 Tooyoo Daily Commodity Store

60 Yunjin Meijia Store

61 PETruler Official Store

62 YOHOPET Official Store

63 Shop5235004 Store

64 Shop5235015 Store 

65 Shop5235025 Store

66 Shop5235042 Store 

67 agselling

68 Changzhou Daya Import & Export Corp., Ltd.

69 Changzhou Eagle Technology Co., Ltd.

70 DONGGUAN AASIN TECHNOLOGY CO., LTD.

71 Dongguan Nike Industrial Limited

72 e-bestshare88

73 Fuzhou Smart Artifact Co., Limited

74 Hangzhou Hongke Sports Equipment Co., Ltd.

75 Nanjing Allshing Trade Company Limited

76 Ningbo Fenghua Yixin Art & Craft Co., Ltd.

77 Ningbo Ishow Import & Export Co., Ltd.

78 Ningbo Smart Market Sourcing Ltd.

79 Ningbo Vicball Sporting Goods Co., Ltd.

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80 pwstore

81 readygo

82 Shanghai Aimi Pet Products Co., Ltd.

83 Shanghai Shengchou Plastic Ltd.

84 Shenzhen Fuly Technology Co., Ltd.

85 somanoon

86 Taizhou Shanyue Packaging Container Co., Ltd.

87 Tangshan Qiming Trade Co., Ltd.

88 Wenzhou Mega Trading Co., Ltd.

89 Yiwu Anjiu Import & Export Co., Ltd.

90 Zhumadian Soule Commerce And Trade Co., Ltd.

91 aa_sports

92 Ali-innovation

93 AMYJANE JEWELRY COLLECTION

94 anyqiqiq1

95 Beaut-Pavilion

96 Buy directly from China

97 Cheerfssver95

98 Cherry Fashions

99 Diaotaboo

100 DIYcase Inc.

101 Duction

102 eeesule666

103 haidugogo

104 hanyuxuan Store

105 Hintana

106 homeyl

107 HongHome

108 hoosdu

109 jamesclothes Inc

110 JANCJ

111 Jinhengyang

112 Kaliou

113 kawayi lin

114 LCC STORE

115 lifecake64

116 lixiao

117 Love Travel

118 LuoXue Ltd.company

119 MAKOSHOP

120 maybeadv

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121 mengfang123

122 nichetopia

123 NING TOY

124 OUCHEN

125 pgdz

126 Pinpy Lifestyle International

127 qwfy

128 Ren Huang

129 SeeYouAgain1

130 shenzhenshizhenchengshangpindianzikejiyouxiangongsi

131 suling international

132 Surprize

133 tangxiaohua

134 taotaodexionsak

135 tengfei168

136 TIXIANG

137 Ty

138 Vikaka

139 wanpinyou

140 Xqqqqqqqq

141 yanz

142 yaoping

143 yiwuchangshuoshangmaoyouxiangongsi

144 yuanyumeifadale

145 zouzhaocheng

146 All Pecfect Store

147 AShine life Store

148 Chinatown Department Store

149 Co-co'sPet Store

150 Da Da Store

151 Daily life is Goods Store

152 Daily Use Everyday Store

153 DogCat Store

154 Dogs/Cats/Birds Product Store

155 Dongguan City Geedyn Technology Co., Ltd.

156 Dreamer-Lifestyle Store

157 ETSREWO Store

158 FML PET Official Store

159 Hangzhou Fuyang MarBo Rackets Co., Ltd.

160 HappysKids Store

161 hereformeeting Store

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162 HM SFTT Store

163 HomeSweet Store

164 House Lover Store

165 huayan's accessories store

166 jarvanIV Store

167 JINKJING Store

168 kingccpet264278 Store

169 LANSI Decoration Store

170 LanYing Pets Store

171 Little Mouse House Store

172 Merry Hommylife Store

173 MGKPET Global Store

174 Miogar Store

175 Niaroko's Store

176 OCHINE Franchised Store

177 Pething Mall

178 Petsbeds Store

179 Puyang pag trading Co.,LTD

180 QWJ's kitty Store

181 Reed Daily Gadgets Store

182 Shanghai Yizo Industrial Limited

183 Shanghai Your Industry Co., Ltd.

184 Shantou Toptrue Toys Trading Firm

185 Shenzhen Yijiamei Silicone & Rubber Co., Limited

186 Shenzhen Z&L Crafts Products Co., Ltd.

187 Shijiazhuang Roc Cattle Import and Export Trading Co., Ltd.

188 Ship within 24h Drop shipping Store

189 Shop1768047 Store

190 Shop1938613 Store

191 Shop4514074 Store

192 Shop5126080 Store

193 Shop5134046 Store

194 Shop5235006 Store

195 Shop5235011 Store

196 Shop5235013 Store

197 Shop5235019 Store

198 Shop5235020 Store

199 Shop5235022 Store

200 Shop5235034 Store

201 Shop5235037 Store

202 Shop5235046 Store

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203 Shop5235053 Store

204 Shop5397033 Store

205 superCassiopeia Store

206 SuperGalio Store

207 Suqian Lianshun Stationery Co., Ltd.

208 TLHOTTOP Store

209 UtopiaHome Store

210 Vieruodis Boutiques Store

211 WaKaWaka House Store

212 Weifang Xinshijie Crafts Co., Ltd.

213 Welcome to my Store

214 Wonder4 Life Store

215 Yiwu Shanrun Trading Co., Ltd.

216 OutdoorXL 

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