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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

HANGZHOU CHIC INTELLIGENT 

TECHNOLOGY CO. and UNICORN 

GLOBAL, INC.,

Plaintiffs,

v.

CHEAPAANZEE, et al., 

Defendants.

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Case No. 20-cv-4806

Judge Thomas M. Durkin 

Magistrate Judge Jeffrey Cole

FILED UNDER SEAL

PRELIMINARY INJUNCTION ORDER

THIS CAUSE being before the Court on Plaintiffs Hangzhou Chic Intelligent Technology 

Co. (“Chic”) and Unicorn Global Inc. (“Unicorn”) (collectively, “Plaintiffs”) Motion of Entry of 

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 Defendants who 

operate e-commerce stores under one or more seller aliases identified in the attached Schedule A, 

Schedule B, and Schedule C (collectively, “Defendant Internet Stores”). 

THIS COURT HEREBY FINDS that it has personal jurisdiction over the Defendants since 

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

including Illinois. Venue is also appropriate under 28 U.S.C. § 1391(c). Specifically, Defendants 

have targeted sales to Illinois residents by setting up and operating e-commerce stores that offer 

shipping to the United States, including Illinois, accept payment in U.S. dollars, provide 

confirmation emails identifying the consumers’ addresses, including Illinois addresses, and have 

sold products that directly and/or indirectly infringe on Plaintiffs’ United States design patents 

(“Patents-in-Suit”) as shown in the chart below to residents of Illinois. 

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The following table illustrates the figures in the D737,723 patent (“the ’D723 patent”). 

Patent 

Number

D737,723

Claim Issue Date

September 

1, 2015

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Patent 

Number

D737,723

Claim Issue Date

September 

1, 2015

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The following table illustrates the figures in the D738,256 (“the ’D256 patent”).

Patent 

Number

D738,256

Claim Issue Date

September 

8, 2015

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Patent 

Number

D738,256

Claim Issue Date

September 

8, 2015

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The following table illustrates the figures in the D785,112 (“the ’D112 patent”).

Patent 

Number

Claim Issue Date

D785,112 April 25, 

2017

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Patent 

Number

Claim Issue Date

The following table illustrates the figures in the D784,195 (“the ’D195 patent”).

Patent 

Number

Claim Issue Date

D784,195 April 18, 

2017

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Patent 

Number

Claim Issue Date

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 of Civil Procedure 

65. Evidence submitted in support of this Motion and in support of Plaintiffs’ previously granted 

Motion for Entry of a Temporary Restraining Order establishes that Plaintiffs have demonstrated 

a likelihood of success on the merits; that no remedy at law exists; and that Plaintiffs will suffer 

irreparable harm if the injunction is not granted. Specifically, Plaintiffs have proved a prima facie

case of design patent infringement because (1) Plaintiffs are the lawful assignee of all rights, title 

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and interest in and to the Patents-in-Suit, (2) Defendants make, use, offer for sale, sell, and/or 

import into the United States for subsequent sale or use products that directly and/or indirectly 

infringe the Patents-in-Suit, and (3) an ordinary observed would be deceived into thinking the 

products sold on Defendant Internet Stores (“Infringing Products”) are the same as the products 

manufactured and sold by Plaintiffs that utilize the Patents-in-Suit (“Plaintiffs’ Products”). 

Furthermore, Defendants’ continued and unauthorized use of the Patents-in-Suit irreparably harms 

Plaintiffs through loss of customer goodwill, reputational harm, and Plaintiffs ability to exploit the 

Patents-in-Suit. Monetary damages fail to address such damage and, therefore, Plaintiffs have an 

inadequate remedy at law. Moreover, the public interest is served by entry of this Preliminary 

Injunction to dispel the public confusion created by Defendants’ actions. As such, 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 

preliminarily enjoined and restrained from: 

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

Plaintiffs and that include any reproduction, copy or colorable imitation of the design claimed in 

the Patents-in-Suit;

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

infringing upon the Patents-in-Suit; 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). 

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2. PayPal, Inc. (“PayPal”), Amazon Pay, Walmart Marketplace payment partner(s), 

Payoneer.com, (collectively the “Third Party Payment Providers”) that provide payment 

processing services to 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 Defendant Internet 

Stores or other online marketplace accounts operated by Defendants, including, without limitation, 

any online marketplace platforms such as eBay, Amazon.com, and Walmart, web hosts, sponsored 

search engine or ad-word providers, credit cards, banks, merchant account providers, third party 

processors and other payment processing service providers, and Internet search engines such as 

Google, Bing, and Yahoo (collectively, the "Third Party Providers"), shall, within ten (10) business 

days of receipt of this Order, provide to Plaintiffs 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 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 Defendant Internet Stores and Defendants’ financial accounts, as well 

as providing a full accounting of Defendants’ sales and listing history related to their respective 

Defendant Internet Stores; 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 

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limitation, PayPal, Amazon Pay, and other merchant account providers, payment providers, third 

party processors, and credit card association (i.e., MasterCard and VISA). 

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

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

money or other Defendants’ assets until further ordered by this court. Except that this paragraph 

shall not apply to any defendant in Schedule B for whom Plaintiffs receive official registration 

documents filed with any state’s Secretary of State (or analogous business registration agency), 

showing that such defendant is actively registered or based in a U.S. state but outside of the 

Northern District of Illinois. If Plaintiff had requested that any person restrain the transfer and 

disposition of any such defendant’s assets prior to Plaintiffs’ receipt of such documentation, within 

10 days of receipt of such documentation Plaintiffs will instruct such person to remove the 

restraint. 

4. Upon Plaintiffs’ request, those with notice of the injunction, including the Third 

Party Payment Providers and Third Party Providers as defined in Paragraph 2, shall within five (5) 

days after receipt of such notice shall: 

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

in the future, to engage in the sale of goods that infringe the Patents-in-Suit;

b. disable and cease displaying any advertisements or listings used by or 

associated with Defendants in connection with the sale of infringing goods using Patents-in-Suit; 

and

c. take all steps necessary to prevent links to the Defendant Internet Stores 

identified on Schedule A, Schedule B, and Schedule C from displaying in search results, including, 

but not limited to, removing links to the defendant Internet Stores from any search index.

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5. Upon Plaintiffs’ 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 Defendant Internet 

Stores, including, without limitation, any online marketplace platforms such as shall, within ten

(10) business days after receipt of such notice, provide Plaintiffs expedited discovery, including 

copies of all documents and records in such person’s or entity’s possession or control relating to: 

a. the aliases, merchant tokens, identities, seller IDs, 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 email 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 Internet Stores and Defendants’ financial accounts, as 

well as providing a full accounting of Defendants’ sales and listing history related to their 

respective Defendant Internet Stores; 

c. any other online marketplace accounts registered by Defendants; and

d. 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, the Third Party Payment Providers, or other merchant account providers, payment 

providers, third party processors, and credit card associations, such as MasterCard and Visa. 

6. Plaintiffs are authorized to issue expedited written discovery under Federal Rules 

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

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a. the aliases, merchant tokens, identities, seller IDs, 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, 

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 Internet Stores and Defendants’ financial accounts, as 

well as providing a full accounting of Defendants’ sales and listing history related to their 

respective Defendant Internet Stores. 

c. Plaintiffs are authorized to issue any such expedited discovery requests by 

e-mail. Defendants shall respond to any discovery requests within ten (10) days of being served 

by e-mail. 

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

of the preliminary injunction hearing and service of process under Federal Rule of Civil Procedure 

4(f)(3), and any future motions by sending an email to any email addresses provided for 

Defendants by the Third Party Providers. The Clerk of the Court is directed to issue a single 

original summons in the name of “CHEAPAANZEE and all other Defendants identified in the 

Second 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 circumstances to 

apprise Defendants of the pendency of the action and afford them the opportunity to present their 

objections. 

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8. The Complaint, Amended Complaint, Second Amended Complaint, Third

Amended Complaint, and Exhibits 1, 2, 3, 4, and 5 to the aforementioned documents; Schedule A 

attached to the Complaint, Amended Complaint, and Second Amended Complaint; Schedule A, 

Schedule B, and Schedule C attached to the Second Amended Complaint; Plaintiffs’ Motion for 

entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset 

Restraint, and Expedited Discovery, and accompanying supporting memorandum, declarations of 

Jiawei Ying and Jinyuan Lei, and Plaintiffs’ Motion for Electronic Service of Process Under Fed. 

R. Civ. P. 4(f)(3), and accompanying supporting memorandum, declaration of Arthur Tan-Chi

Yuan, and accompanying exhibits; Plaintiffs’ Notification of Affiliates; and Plaintiffs’ Notice of 

Claims Involving Patents, and the TRO are unsealed.

9. Plaintiffs shall deposit with the Court ten thousand dollars ($10,000), 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. 

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

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

DATED: November 24, 2020

_____________________________

Thomas M. Durkin 

United States District Judge

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