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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

ABC Corporation I et al, 

 Plaintiff,

v. 

THE PARTNERSHIPS and 

UNINCORPORATED ASSOCIATIONS 

IDENTIFIED ON SCHEDULE “A”, 

 Defendants.

CASE NO. 20-cv-04806

Judge: Honorable Thomas M. Durkin 

Magistrate Judge: Honorable Jeffrey Cole

 

RESPONSE TO PLAINTIFFS’ MOTION TO AMEND SCHEDULE A 

Defendant Gyroor-US, by and through counsel, files this response to Plaintiffs’ motion to amend 

Schedule A. 

To avoid their duty of service, Plaintiffs conveniently claim that Urbanmax (already dismissed), 

Gyroor store, Gyroshoes store, Fengchi-US, hgsm, and GaodeshangUS are “related to or affiliated with” 

the Gyroor-US Defendant. [Dkt. No. 227-1, ¶¶15-19]. Furthermore, Plaintiffs wish to “serve counsel who 

have appeared on behalf of the related entity with the papers in this case.” Motion to Amend Schedule A, 

[Dkt. No. 227, ¶7, p. 3.] 

While counsel for Gyroor-US has not appeared on behalf of any of these allegedly affiliated 

entities (Gyroor store, Gyroshoes store, Fengchi-US, hgsm, and GaodeshangUS), and the only entity 

counsel has appeared on behalf of, the account Urbanmax, has already been dismissed, counsel for 

Gyroor-US does wish to voice against Plaintiffs’ unsubstantiated allegations as they appear to be nothing 

more than an obvious tactic to evade their responsibility to serve process or to save their prior failure of 

serving the individual entities. 

Case: 1:20-cv-04806 Document #: 241 Filed: 05/14/21 Page 1 of 4 PageID #:6569
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 Defendant Gyroor-US incorporates Tomoloo Defendant’s [Dkt. No. 239] first arguments that 

Plaintiffs’ Claim of “Affiliation” Against “Schedule A” Stores is Conclusory and Tenuous. Plaintiffs 

provided no credible evidence to make a colorable showing of “relation or affiliation.” 

First, selling the same products with the same ASIN number does not prove that the entities selling 

the same products are related or affiliated. Amazon’s ASIN creation policy does not indicate that Amazon 

actually notifies brand owners about new storefronts selling branded products under existing or newly 

created ASINS. Therefore, evidence provided in Arthur Tan-Chi Yuan’s declaration [Dkt. No. 227-1] is 

unpersuasive. 

Second, evidence provided in Arthur Tan-Chi Yuan’s declaration shows that the alleged “related 

or affiliated” entities are registered under different business names with different business addresses, 

which can only be understood as the entities are not “related or affiliated.” 

Third, Plaintiffs also seem to suggest that Gyroshoes is affiliated with Gyroor-US because counsel 

for Gyroor-US “had appeared in a related litigation,” referring to ILND Case# 1:20-cv-05905. [Dkt. No. 

227, ¶4]. This conclusory argument must be rejected. 

As observed by Plaintiffs, counsel for Gyroor-US also represents Tomoloo-US in the related case 

ILND Case# 1:20-cv-05905. But in this case, Tomoloo-US is represented by other counsel. A mere 

suspicion is not enough to overcome the evidentiary requirements. Here, Plaintiffs’ argument is based on 

unfounded inference rather than credible evidence. 

Conclusion 

For the foregoing reasons, Plaintiffs have not established that Gyroor store, Gyroshoes store, 

Fengchi-US, hgsm, and GaodeshangUS are related to or affiliated with the Gyroor-US Defendant. 

To the extent Plaintiffs wish to serve these storefront entities as party Defendants, they must follow 

the Court’s November 24, 2020 PI Order [Dkt. No. 113, p. 13, ¶7] “by sending an email to any email 

addresses provided for Defendants by the Third Party Providers.” 

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Date: 05/14/2021 /s/ He Cheng 

He Cheng 

Robin.Cheng@glacier.law 

Tao Liu 

Tao.Liu@glacier.law 

Tianyu Ju 

Iris.Ju@glacier.law 

Glacier Law PLLC 

200 Park Avenue, Suite1703 

New York, NY 10166 

www.glacier.law 

Tel: +1 (332) 208-8882 

Fax: +1 (312) 801-4587 

Attorney for Defendants 

Case: 1:20-cv-04806 Document #: 241 Filed: 05/14/21 Page 3 of 4 PageID #:6571
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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this May 14, 2021, I electronically filed the foregoing file with 

the Clerk of Court using the CM/ECF system, and service was perfected on all counsel of record and 

interested parties through this system, which will deliver a true and correct copy of the foregoing 

documents via CM/ECF. 

Date: 05/14/2021 /s/ He Cheng 

He Cheng

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