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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

WAYNE FARMS LLC, ) Civil Action No.: 20-5191

)

Plaintiff, ) Judge Feinerman

v. )

)

JOHN DOE, A/KA GRACIE, )

HENDERSON, A/K/A FRANK L )

ANNESE, )

)

Defendant. )

JUDGMENT AND PERMANENT INJUNCTION ORDER

This action having been commenced by WAYNE FARMS LLC. (“Plaintiff”) against

defendant JOHN DOE, alias GRACIE HENDERSON, alias FRANK L ANNESE, and Plaintiff

having moved for entry of Default and Default Judgment against JOHN DOE;

Plaintiff having properly completed service of process on JOHN DOE, the

combination of providing notice via electronic publication or e-mail, along with any notice

that JOHN DOE received from LinkedIn Corporation, being notice reasonably calculated

under all circumstances to apprise JOHN DOE of the pendency of the action and affording

them the opportunity to answer and present their objections; and

JOHN DOE having failed to answer the Complaint or appeared in any way, and

the time for answering the Complaint having expired;

THIS COURT HEREBY FINDS that it has personal jurisdiction over JOHN DOE

since JOHN DOE targeted their business activities toward customers in Illinois.

Specifically, JOHN DOE is reaching out to Illinois residents by operating one or more LinkedIn 

profiles and communicating using at least WAYNE FARMS Trademarks and Copyrights, and a 

false identity having appropriated the name and likeness of at least one WAYNE FARMS 

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employee using these counterfeit versions of WAYNE FARMS Trademarks and Copyrights to 

perpetrate fraud in the solicitation of advance fees.

THIS COURT FURTHER FINDS that JOHN DOE is liable for willful trademark

infringement and counterfeiting (15 U.S.C. § 1114, et seq.), false designation of origin (15

U.S.C. § 1125(a)), copyright infringement (17 U.S.C. § 501), and violation of the Illinois

Right of Publicity Act (765 ILCS § 1075, et seq.).

IT IS HEREBY ORDERED that Plaintiff’s Motion for Entry of Default and Default

Judgment is GRANTED in its entirety, that JOHN DOE is deemed in default and that this 

Final Judgment is entered against JOHN DOE.

IT IS FURTHER ORDERED that:

PERMANENT INJUNCTION

1. JOHN DOE, their affiliates, officers, agents, servants, employees, attorneys,

confederates, and all persons acting for, with, by, through, under, or in active concert

with them be permanently enjoined and restrained from:

a. using the WAYNE FARMS Trademarks or Copyrights 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, 

whether goods or services;

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

goods or services, as a WAYNE FARMS product or any other product produced

by Plaintiff, offered for sale by any employee of WAYNE FARMS or offered for

sale under the WAYNE FARMS Trademarks or Copyrights, or using the name or 

likeness of any WAYNE FARMS employee;

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c. committing any acts calculated to cause consumers to believe that JOHN DOE 

has any authority to offer products under the authorization, control or supervision

of Plaintiff, or are sponsored by, approved by, or otherwise connected with

Plaintiff, or any employee of Plaintiff;

d. further infringing the WAYNE FARMS Trademarks or Copyrights and damaging

Plaintiff’s goodwill or the goodwill or reputation of any employee of WAYNE 

FARMS;

e. otherwise competing unfairly with Plaintiff or deceiving prospective purchasers in 

any manner;

f. offering to, or, shipping, delivering, holding for sale, transferring or otherwise

moving, storing, distributing, returning, or otherwise disposing of, in any

manner, products or inventory not processed by or for Plaintiff, nor authorized

by Plaintiff to be sold or offered for sale, and which bear or are associated 

with any of the WAYNE FARMS Trademarks or Copyrights or any

reproductions, counterfeit copies or colorable imitations thereof, or using the name 

or likeness of any WAYNE FARMS employee;

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

owning the any online accounts, profiles, biographies, email addresses, 

social media pages, any domain name or online marketplace account that is

being used to sell or is the means by which JOHN DOE could continue to

offer to sell Counterfeit/Infringing Products or make offers using 

Counterfeit/Infringing marks, art or literature; and

h. operating accounts, profiles, biographies, email addresses, social media 

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pages, and/or hosting websites and any domain names registered or operated by

JOHN DOE that are involved with the distribution, marketing, advertising, offering

for sale, or sale of any product appearing to bear or otherwise offered for sale or 

sold under the WAYNE FARMS Trademarks or Copyrights or any reproduction,

counterfeit copy or colorable imitation thereof, or any such accounts, profiles, 

biographies, email addresses, social media pages, and/or hosting websites

and any domain names using the name or likeness of a WAYNE FARMS employee; 

2. The accounts, profiles, biographies, email addresses, social media pages, 

and/or hosting pages or websites and any domain names under the false names 

Patrick Gomez and Lincon Bright, including, but not limited to, listings on 

LinkedIn, or any site owned or ope rated by LinkedIn 

Corporation, within five (5) business days of receipt of this Order, shall, at

Plaintiff’s choosing:

a. be permanently transferred by JOHN DOE to Plaintiff’s control, including

unlocking and changing the registrar of record for the to a registrar of Plaintiff’s

selection, and the domain name registrars shall take any steps necessary to transfer

the Defendant Domain Names to a registrar of Plaintiff’s selection; or

b. the service providers shall cancel the registrations for the accounts, profiles, 

biographies, email addresses, social media pages, and/or hosts websites and

any domain names and make them inactive.

3. Those with actual notice of this Order, including LinkedIn Corporation, with whom 

JOHN DOE registered and posted false pages with imposter profiles, and Microsoft 

Corporation, with whom JOHN DOOE registered the email address 

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patrickwaynefarms@outlook.com, shall within five business days of receipt of this 

Order:

a. disable and cease providing services for any accounts through which JOHN DOE

engage in the offer for sale of counterfeit and infringing goods using the

WAYNE FARMS Trademarks or Copyrights, including any accounts

associated with the JOHN DOE falsely using the names, likenesses or other 

information relating to WAYNE FARMS employees;

b. disable and cease displaying any advertisements, pages, profiles, 

addresses or other registered content used by or associated with

JOHN DOE in connection with the offer for sale of counterfeit and infringing

goods using the WAYNE FARMS Trademarks or Copyrights; and

c. take all steps necessary to prevent links to or communication with or by JOHN DOE, 

including the email addresses: 

1. patrickwaynefarms@consultant.com

2. patrickwaynefarms@outlook.com 

3. godsonnguyen101@gmail.com 

4. butcherspride.frozenfoods@gmail.com

5. rasulselp22@mail.com.

DAMAGES

4. WAYNE FARMS is awarded $131,000 against JOHN DOE in damages as follows:

a. Pursuant to 15 U.S.C. § 1117(c)(2), Plaintiff is awarded statutory damages from

JOHN DOE in the amount of $100,000 for willful use of counterfeit WAYNE 

FARMS Trademarks in offers to sell products through at least email and text 

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solicitations and solicitations using the LinkedIn platform.

b. Pursuant to 17 U.S.C. § 504, Plaintiff is awarded statutory damages from JOHN

DOE in the amount of $30,000 for willful use of counterfeit WAYNE FARMS

Trademarks or Copyrights in offers to sell products through at least email and text 

solicitations and solicitations using the LinkedIn platform.

c. Pursuant to 765 ILCS § 1075, Plaintiff, as assignee of the right of publicity cause 

of action of the real Patrick Gomez, is awarded statutory damages from JOHN 

DOE in the amount of $1,000 for willful use of the name and/or likeness of 

Patrick Gomez in offers to sell products through at least email and text 

solicitations and solicitations using the LinkedIn platform.

FORFEITURE

5. All monies currently restrained in JOHN DOE’s financial accounts, including monies

held by all banks, associations and other financial institutions, are hereby released to

Plaintiff as partial payment of the above-identified damages, and said banks, 

associations and other financial institutions having said funds of JOHN DOE shall 

transfer said funds to the Trust Account of counsel for WAYNE FARMS as shall be 

designated by WAYNE FARMS, the specific bank, association or financial institution 

accounts comprising:

a. BB and T Bank, including whatever current names or legal entities are in privity 

with the entity formerly known as BB and T Bank, including but not limited to 

TRUIST fka BRANCH BANKING AND TRUST COMPANY, Truist Financial, 

BB&T Bank, Truist Corporation and Truist Corporation – now TRUIST d/b/a 

BB&T Bank, those accounts identified as Savings Account Number 

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4110004156395 and Checking Account Number 1110018286851;

b. Wells Fargo Bank, N.A. including whatever current names or legal entities are in 

privity with the entity known as Wells Fargo Bank, those accounts identified in 

1. Checking Account Number 5837226603 and Savings Account No. 5837873289,

2. the accounts listed in Wells Fargo’s September 23, 2020 Response to the 

Temporary Restraining Order, Checking Account Number XXXXXX6603 and 

Savings Account Number XXXXXXX4914, and 

3. any other accounts of JOHN DOE such as, but not limited to, those listed for 

transfers in the Wells Fargo Statements on Account Number 5837226603 of July 

31, 2020.

6. Said banks, associations and other financial institutions are ordered to release and 

transfer to Plaintiff the amounts from JOHN DOE’s Amazon accounts within

ten business days of receipt of this Order.

SO ORDERED

January 6, 2021

United States District Judge

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