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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

EMOJI COMPANY GmbH,

Plaintiff,

v.

WUPENGFEI et al.,

Defendants.

Case No.: 20-cv-3862

Judge: Joan B. Gottschall

PRELIMINARY INJUNCTION ORDER

THIS CAUSE being before the Court on EMOJI COMPANY GmbH’s Motion for a 

Preliminary Injunction, and this Court having considered the evidence before it hereby GRANTS 

Plaintiff’s Motion for Entry of a Preliminary Injunction in its entirety against the Defendants 

identified in Schedule A attached hereto (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. 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 infringing and/or counterfeit versions of Plaintiff’s 

EMOJI Trademarks (the “EMOJI Products”).

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 Plaintiff’s

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previously granted Motion for a Temporary Restraining Order establishes that Plaintiff has a 

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

irreparable harm if the injunction is not granted.

Specifically, Plaintiff has made a prima facie showing of trademark infringement because 

(1) the EMOJI Trademarks are distinctive marks and registered with the U.S. Patent and 

Trademark Office on the Principal Register as U.S. Trademark Registration Nos. 4,868,832; 

5,202,078 and 5,415,510 for the EMOJI marks, (2) Defendants are not licensed or authorized to 

use EMOJI Trademarks, and (3) Defendants’ use of the EMOJI Trademarks are causing a 

likelihood of confusion as to the origin or sponsorship of Defendants’ products with EMOJI 

COMPANY GmbH. Furthermore, Defendants’ continued and unauthorized use of the EMOJI

Trademarks irreparably harms Plaintiff through diminished goodwill and brand confidence, 

damage to Plaintiff’s reputation, loss of exclusivity, and loss of future sales. Monetary damages 

fail to address such damage and, therefore, Plaintiff has 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. 

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 Plaintiff's EMOJI Trademarks or any confusingly similar reproductions, 

counterfeit copies or colorable imitations thereof in any manner in connection 

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

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product that is not a genuine EMOJI Product 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 product as a 

genuine EMOJI Product or 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 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 Plaintiff to be 

sold or offered for sale, and which bear Plaintiff's EMOJI Trademarks or any 

confusingly similar 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 

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

(now or in the future) 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 or any confusingly similar 

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) their true name and physical 

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

and/or operate (c) their 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 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

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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 and Alibaba Group Holding Ltd., Alipay.com Co., Ltd. and 

any related Alibaba entities (collectively, "Alibaba"), 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

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 Alibaba, advertisers, 

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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, 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;

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 

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processors or other financial institutions, including, without limitation, 

Wish and 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. ContextLogic, Inc. ("Wish") 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 Defendants, Defendants' Online 

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

Wish accounts connected to the information listed in Schedule A hereto; and

b. Restrain and enjoin any such accounts or funds that are China or Hong Kong based 

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

further ordered by this Court.

8. 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 publishing a link to the Amended Complaint, this Order and other relevant 

documents on a website to which the Defendant Domain Names are transferred to 

Plaintiff's control will redirect, or by sending an e-mail to the e-mail addresses identified 

in Schedule A hereto; 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 combination of providing notice via electronic publication or e-mail, along with any 

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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.

9. Plaintiff's Schedule A to the Amended Complaint, and the TRO are unsealed. All 

previously sealed documents in this case are unsealed.

10. 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. 

11. Plaintiff shall post a $10,000.00 bond with the Court within 1 week of entry of this 

order. 

Dated: July 22, 2020

_____/s/________________________________

Joan B. Gottschall

United States District Court Judge

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SCHEDULE A

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

38 ba

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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

79 Fashion Maker Co,LTD

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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

120 Niecisy Handbags

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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 fashoin

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

161 Xia Yu Koizumi scissors brand

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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

202 happylands

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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

243 Sunwoif Co LTD

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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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