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THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

THE HEBREW UNIVERSITY OF JERUSALEM,

PLAINTIFF,

V.

THE PARTNERSHIPS AND UNINCORPORATED 

ASSOCIATIONS IDENTIFIED ON SCHEDULE A,

DEFENDANTS.

CASE NO.: 1:20-CV-05058

JUDGE THOMAS M. DURKIN

MAGISTRATE JUDGE JEFFREY CUMMINGS

PRELIMINARY INJUNCTION ORDER

THIS CAUSE being before the Court on Plaintiff, The Hebrew University of 

Jerusalem’s (“HUJ” or “Plaintiff”) Motion for a Preliminary Injunction, 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 identified on Schedule “A” (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. “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 

screenshot evidence that each Defendant is reaching out to do business with Illinois residents by 

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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

(collectively referred to as “Defendant Internet Store” or “Seller Aliases”). See Docket No. 10, 

Exhibit 3 to the Declaration of Paul Varley, which includes screenshot evidence confirming that 

each defendant online marketplace account does stand ready, willing and able to ship its counterfeit 

goods to customers in Illinois bearing infringing and/or counterfeit versions of the Albert Einstein

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 Plaintiff’s previously 

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

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

injunction is not granted.

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

the Einstein 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 Einstein

Trademarks and/or Copyrights; and, (4) Defendants’ use of the Einstein Trademarks is causing a 

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

Furthermore, Defendants’ continued and unauthorized use of the Einstein Trademarks 

irreparably harms HUJ 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 

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damage; and, therefore, HUJ 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 Albert Einstein Trademarks, Copyrights and/or any 

reproductions, counterfeit copies or colorable imitationsthereof, in any manner 

in connection with the distribution, marketing, advertising, offering for sale, or 

sale of any product that is not a genuine HUJ product or not authorized by HUJ

to be sold in connection with Plaintiff’s Einstein Trademarks and/or 

Copyrights;

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

genuine HUJ product or any other product produced by HUJ, that is not

Plaintiff’s nor produced under the authorization, control or supervision of HUJ

nor approved by HUJ for sale under Plaintiff’s Einstein 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 HUJ, 

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

d. further infringing Plaintiff’s Einstein Trademarks and/or Copyrights and 

damaging HUJ’s goodwill;

e. otherwise competing unfairly with HUJ in any manner;

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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 HUJ, nor authorized by HUJ to be sold or 

offered for sale, and which bear any of Plaintiff’s Einstein 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 Defendant Internet Stores, 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 Einstein Products; and

h. operating and/or hosting websites at the Defendant Internet Stores 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 Einstein Trademarks or any reproductions, 

counterfeit copies or colorable imitations thereof that is not a genuine HUJ

product or not authorized by HUJ to be sold in connection with Plaintiff’s

Einstein Trademarks.

2. 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 Internet Stores, and domain name registrars, shall 

within three (3) business days of receipt of this Order:

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

Defendants engage in the sale of counterfeit and infringing goods using the 

Albert Einstein 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 Einstein Trademarks and/or Copyrights; and

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

identified on the Schedule A, from displaying in search results, including, 

but not limited to, removing links to the Defendant Internet Stores from 

any search index.

3. 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 Internet Stores 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 HUJ expedited discovery, including copies of all documents and records in such 

person’s or entity’s possession or control relating to:

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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 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. Defendants’ websites and/or any online marketplace accounts;

d. The Defendant Internet Stores 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).

4. 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.

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

Payments, Inc. (“Amazon”) and Alipay US, Inc. (“Alipay”), or any other party and/or 

marketplace, or payment processor in privity with Defendants, 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 Internet 

Stores 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; 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.

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

institutions, for any Defendant or any of Defendants’ online marketplace accounts 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; 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.

7. HUJ 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 

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on a website, and/or by sending an e-mail to the e-mail addresses provided for Defendants 

by third parties that includes a link to said website. The Clerk of Court is directed to issue 

a single original summons in the name of “123oknin and all other Defendants identified in 

the Schedule A to the Complaint” that shall apply to all Defendants. The combination of 

providing notice via electronic publication 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.

8. The Clerk of Court is directed to unseal 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 Motion to Extend the Temporary Restraining Order and

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

Process and its memorandum and supporting pleadings and exhibits, and the Temporary

Restraining Order and Extension of the Temporary Restraining Order.

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

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

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

this case or until this Preliminary Injunction is terminated.

Dated: September 30, 2020

_____________________________________

U.S. District Court Judge Thomas M. Durkin

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