4837-7521-0441.2

1

IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

TRADEMARK HOLDER IDENTIFIED IN 

EXHIBIT 1 HERETO,

Plaintiff,

v.

THE INDIVIDUALS, CORPORATIONS, 

LIMITED LIABILITY COMPANIES, 

PARTNERSHIPS AND UNINCORPORATED 

ASSOCIATIONS IDENTIFIED ON 

SCHEDULE A HERETO,

Defendants.

Case No.: 20-cv-04559

District Judge Robert M. Dow, Jr

Magistrate Judge Honorable Beth W. Jantz

PRELIMINARY INJUNCTION ORDER

THIS CAUSE being before the Court on Plaintiff, BESTWAY INFLATABLES & 

MATERIAL CORP.’S (“Bestway’s” or “Plaintiff’s”) Motion for Entry of a Preliminary 

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

for Entry of a Preliminary Injunction in its entirety against the defendants corresponding to the 

aliases (“Defendant Aliases”) or online marketplace accounts or profiles associated with the 

internet store URLs (the “Online Marketplace Accounts”) in Schedule A to the Complaint, with 

the exception of those who have been dismissed from this lawsuit, (hereinafter, “Defendants”).

THIS COURT HEREBY FINDS that is has personal jurisdiction over the Defendants as 

the Defendants directly target their business activities toward consumers in the United States, 

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

and operating ecommerce Internet stores and online marketplace accounts that target United States 

consumers using one or more Defendant Aliases through which Illinois residents can purchase 

Case: 1:20-cv-04559 Document #: 38 Filed: 09/10/20 Page 1 of 7 PageID #:3267
4837-7521-0441.2

2

products using infringing and counterfeit versions of the registered BESTWAY Trademarks

identified in the chart below (the “BESTWAY Trademarks”). 

REGISTRATION 

NUMBER

TRADEMARK REGISTRATION 

DATE

GOODS AND SERVICES

2,748,177 BESTWAY August 5, 2003 Scuba goggles, diving masks, 

snorkels and fins, U.S Class(es): 

021, 023, 026, 036, 038; Rafts and 

oars, U.S Class(es): 019, 021, 

023, 031, 035, 044; Air mattresses 

for camping, U.S Class(es): 002, 

013, 022, 025, 032, 050; Inflatable 

float mattresses and pads and 

swim floats for recreational use; 

inflatable balls, animals, cartoon 

characters and similar figures, 

trees, fish, snow tubes, cars, 

planes, boats, swimming pools and 

play centers, such as castles and 

spaceships all for recreational use, 

U.S Class(es): 022, 023, 038, 050 

2,756,976 August 26, 2003 Beach toys, U.S Class(es): 022, 

023, 038, 050

5,702,452 BESTWAY March 19, 2019 Water filtering apparatus; 

Swimming pool chlorinating 

apparatus; Water filtration and 

purification units and replacement 

cartridges therefor; Water heaters; 

Heaters for swimming pools, U.S 

Class(es): 013, 021, 023, 031, 034; 

Non-metal above ground 

swimming pools, U.S Class(es): 

001, 012, 033, 050 

THIS COURT FURTHER FINDS that injunctive relief previously granted in the 

Temporary Restraining Order should remain in place through the pendency of this litigation and 

Case: 1:20-cv-04559 Document #: 38 Filed: 09/10/20 Page 2 of 7 PageID #:3268
4837-7521-0441.2

3

that issuing this Preliminary Injunction without notice pursuant to Rule 65(b)(1) of the Federal 

Rules of Civil Procedure is appropriate. In support of its Motion for Entry of a Temporary 

Restraining Order Plaintiff presented specific facts in the Declaration of Eric Li, paragraphs 14 -

21, and the Declaration of Matthew A. Werber, paragraphs 2 - 9, and accompanying evidence 

showing that Plaintiff has demonstrated a likelihood of success on the merits; no remedy at law 

exists; and Plaintiff will suffer irreparable harm in the absence of a Preliminary Injunction. 

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 and preliminary enjoined and restrained from:

a. using Plaintiff’s BESTWAY 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 

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

Plaintiff’s BESTWAY Trademarks;

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

BESTWAY product or any other product produced by Plaintiff, that is not 

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

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

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;

Case: 1:20-cv-04559 Document #: 38 Filed: 09/10/20 Page 3 of 7 PageID #:3269
4837-7521-0441.2

4

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

goodwill;

e. otherwise competing unfairly with Plaintiff in any manner;

f. manufacturing, 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 Plaintiff

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

Trademarks or any reproductions, counterfeit copies or colorable imitations thereof;

2. 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 the ecommerce Internet stores 

operating under the Defendant Aliases, Online Marketplace Accounts or other aliases operated by 

Defendants, including, without limitation, any online marketplace platforms, such as eBay, 

Amazon, Wish.com, and Dhgate, credit cards, banks, merchant account providers, and payment 

service providers, such as PayPal, (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, and including any 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 Defendant Aliases and Online Marketplace 

Case: 1:20-cv-04559 Document #: 38 Filed: 09/10/20 Page 4 of 7 PageID #:3270
4837-7521-0441.2

5

Accounts and Defendants’ financial accounts, as well as providing a full accounting 

of Defendants’ sales and listing history related to their respective ecommerce 

Internet stores operating under the Defendant Aliases and Online Marketplace 

Accounts; 

c. any of the Defendant Aliases and Online Marketplace Accounts; 

d. any other Defendant Aliases and 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, PayPal, Inc. (“PayPal”), Wish.com, 

Amazon Pay, or other merchant account providers, payment providers, third party 

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

3. Upon Plaintiff’s request, those in privity with Defendants and 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: 

a. disable and cease providing services being used by Defendants, currently or in the 

future, to engage in the sale of goods using the BESTWAY Trademarks; and

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 BESTWAY Trademarks.

Case: 1:20-cv-04559 Document #: 38 Filed: 09/10/20 Page 5 of 7 PageID #:3271
4837-7521-0441.2

6

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

actual notice of this Order shall be temporarily and preliminarily 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, but not limited to, PayPal, Wish.com, and 

Amazon Pay, shall, within two (2) business days of receipt of this Order, for any Defendant or any 

of the Defendant Aliases and Online Marketplace Accounts: 

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

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

connected to the information listed in Schedule A, the e-mail addresses identified 

in Exhibit 1 to the Declaration of Eric Li, and any e-mail addresses provided for 

Defendants by third parties; and 

b. restrain and enjoin any such accounts or funds that are not U.S. based from 

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

ordered by this Court.

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

of the preliminary injunction motion by electronically publishing relevant pleadings on a website 

and by sending an e-mail to the e-mail addresses identified in Exhibit 1 to the Declaration of Eric 

Li or any e-mail addresses provided to Defendants by third parties that includes a link to said 

website. Defendants represented by counsel can be notified through counsel. 

7. The following are unsealed: (1) Schedule A to the Complaint; (2) Plaintiff’s 

trademark registration certificates attached as Exhibits 1 – 3 to the Complaint; (3) Exhibit 6 to the 

Complaint; (4) the Motions granted by this Order; (5) memorandums of law, declarations and 

Case: 1:20-cv-04559 Document #: 38 Filed: 09/10/20 Page 6 of 7 PageID #:3272
4837-7521-0441.2

7

supporting exhibits and papers submitted in support of the Motions; and (6) the Sealed Temporary 

Restraining Order.

8. The Ten Thousand Dollars ($10,000.00), bond posted by Bestway shall remain with 

the Court until a Final disposition of this case or until this Preliminary Injunction is terminated.

9. 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.

DATED: September 10, 2020 IT IS SO ORDERED

_____________________________________

Robert M. Dow, Jr

U.S. District Court Judge

Case: 1:20-cv-04559 Document #: 38 Filed: 09/10/20 Page 7 of 7 PageID #:3273