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IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

XYZ CORPORATION,

PLAINTIFF,

V.

THE PARTNERSHIPS AND UNINCORPORATED 

ASSOCIATIONS IDENTIFIED ON SCHEDULE A,

DEFENDANTS.

CASE NO.: 1:20-CV-04302

JUDGE ROBERT W. GETTLEMAN

MAGISTRATE JUDGE MARIA VALDEZ

PRELIMINARY INJUNCTION ORDER

THIS CAUSE being before the Court on Plaintiff, MGA Entertainment, Inc.’s (“MGA” 

or “Plaintiff”) motion for Entry of a Preliminary Injunction, against the defendants identified on 

Schedule A to the Complaint (“collectively, the Defendants”), using at least the online marketplace 

accounts (“Defendant Internet Stores” or “Seller Aliases”) identified therein, 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.

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, Plaintiff has presented 

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

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 and 

Copyrights. See Docket No. 8, which includesscreenshot 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 L.O.L. Surprise! Trademarks and 

Copyrights.

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 MGA’s previously 

granted Motion for a Temporary Restraining Order establishes that MGA has a likelihood of 

success on the merits; that no remedy at law exists; and that MGA will suffer irreparable harm if 

the injunction is not granted.

Specifically, MGA has proved a prima facie case of trademark infringement because: (1) 

the L.O.L. Surprise! trademarks are distinctive marks and registered with the U.S. Patent and 

Trademark Office on the Principal Register; (2) Plaintiff’s federally registered trademarks are valid

and in full force and effect; (3) Defendants are not licensed or authorized to use any of the L.O.L. 

Surprise! Trademarks and/or Copyrights; and, (4) Defendants’ use of the L.O.L. Surprise!

Trademarks is causing a likelihood of confusion as to the origin or sponsorship of Defendants’ 

products with MGA. Furthermore, Defendants’ continued and unauthorized use of the L.O.L. 

Surprise! trademarks irreparably harms MGA through diminished goodwill and brand 

confidence, damage to MGA’s reputation, loss of exclusivity, and loss of future sales. Monetary 

damages fail to address such damage; and, therefore, MGA has an inadequate remedy at law. 

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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 MGA’s L.O.L. Surprise! Trademarks, Copyrights and/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 L.O.L. Surprise! product or not 

authorized by MGA to be sold in connection with MGA’s L.O.L. Surprise!

Trademarks and/or Copyrights;

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

genuine L.O.L. Surprise! product or any other product produced by MGA, that 

is not MGA’s nor produced under the authorization, control or supervision of 

MGA nor approved by MGA for sale under MGA’s L.O.L. Surprise!

Trademarks and/or Copyrights;

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

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

or are sponsored by, approved by, or otherwise connected with MGA;

d. further infringing MGA’s L.O.L. Surprise! Trademarks and/or Copyrights and 

damaging MGA’s goodwill;

e. otherwise competing unfairly with MGA 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 

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inventory not manufactured by or for MGA, nor authorized by MGA to be sold 

or offered for sale, and which bear any of MGA’s L.O.L. Surprise! Trademarks, 

Copyrights, and/or any reproductions, counterfeit copies, or colorable imitations 

thereof;

g. using, linking to, transferring, selling, exercising control over, or otherwise 

owning the Seller Aliases, or any other domain name or online marketplace 

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

continue to sell Counterfeit L.O.L. Surprise! Products; and

h. operating and/or hosting websites operated by Defendants that are involved 

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

product bearing MGA’s L.O.L. Surprise! trademarks or any reproductions, 

counterfeit copies or colorable imitations thereof that is not a genuine L.O.L. 

Surprise! product or not authorized by MGA to be sold in connection with 

MGA’s L.O.L. Surprise! trademarks.

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

marketplaces such as Amazon, 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 Seller Aliases, 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 

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L.O.L. Surprise! Trademarks and/or Copyrights, including any accounts 

associated with the Defendants listed on the 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 L.O.L. Surprise! Trademarks and/or Copyrights; and

c. take all steps necessary to prevent links to the Seller Aliases identified on

Schedule A from displaying in search results, including, but not limited to, 

removing links to the Seller Aliases 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, with the 

Seller Aliases or other websites operated by Defendants, including, without limitation, any 

online marketplace platforms such as iOffer and Alibaba, 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 PayPal, Alibaba, Western Union, 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 MGA 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 Seller Aliases, 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 Seller Aliases 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 

processors or other financial institutions, including, without limitation, 

PayPal, WISH, Amazon, Alibaba, 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. Western Union shall, within two (2) business days of receipt of this Order, block any

Western Union money transfers and funds from being received by the Defendants

identified in the Schedule A until further ordered by this Court.

8. eBay, Inc. (“eBay”), PayPal, Inc. (“PayPal”), ContextLogic, Inc. (“WISH”), Amazon 

Payments, Inc. (“Amazon”) and Alipay US, Inc. (“Alipay”) shall, within two (2) business 

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days of receipt of this Order, for any Defendant or any Defendant Seller Aliases or 

websites:

a. Locate all accounts and funds connected to Defendants, Defendants’ Seller 

Aliases or Defendants’ websites, including, but not limited to, any eBay, PayPal, 

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

Schedule A hereto or the email addresses identified by third parties for 

Defendants; 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.

9. Any banks, savings and loan associations, payment processors, or other financial

institutions, for any Defendant or any of Defendants’ Seller Aliases or websites, shall 

within two (2) business days of receipt of this Order:

a. Locate all accounts and funds connected to Defendants, Defendants’ online 

marketplace accounts or Defendants’ websites, including, but not limited to, 

any accounts connected to the information listed in the Schedule A or the email

addresses provided for Defendants by third parties; 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.

10. MGA 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, and/or by sending an e-mail to the e-mail addresses provided for Defendants 

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by third parties that includes a link to said website. The combination of providing notice 

via electronic publication and/or e-mail, along with any 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.

11. The Clerk of Court is directed to unseal all sealed documents in this matter, including the 

following: Plaintiff’s Amended Complaint, Exhibit 1 to the Complaint, Exhibit 2 to the

Complaint, Schedule A to the Complaint, Motion for Temporary Restraining Order and its 

memorandum and supporting pleadings and exhibits, Motion for Electronic Service of

Process and its memorandum and supporting pleadings and exhibits, Motions to Extend 

the Temporary Restraining Order and corresponding memorandum and supporting 

pleadings and exhibits, the Temporary Restraining Order and the Extensions of the 

Temporary Restraining Order effective immediately. 

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

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

13. The $10,000 bond posted by MGA shall remain with the Court until a Final disposition of

this case or until this Preliminary Injunction is terminated.

Dated: September 4, 2020

_____________________________________

U.S. District Court Judge Robert W. Gettleman

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