Case 2:25-cv-00184-RJC Document 1 Filed 02/12/25 Page 1 of 24

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

XIAOYAN QIAN,

Plaintiff, Civil Action No. 25-cv- 184

v.

THE INDIVIDUALS, CORPORATIONS,

LIMITED LIABILITY COMPANIES,
PARTNERSHIPS, AND UNINCORPORATED
ASSOCIATIONS IDENTIFIED ON
SCHEDULE A,
Defendants.

COMPLAINT

Plaintiff, Xiaoyan Qian (“Plaintiff”), by and through her undersigned counsel, hereby files

this Complaint against the entities identified on Schedule A hereto (collectively, “Defendants”).

Defendants, through online commerce platforms including without limitation Amazon.com,

Temu.com, and Walmart.com (collectively, the “Seller IDs”), have infringed, and continue to

infringe, on Plaintiff’s United States Patent No. D984,596 (the “Asserted Patent” or “Plaintiff’s

Patented Design”) by manufacturing, distributing, importing, offering for sale, and/or selling

encapsulated the patented design in violation of 35 U.S.C. § 271 (the “Infringing Products”).

Plaintiff is forced to file this action to combat Defendants’ infringement of her Patented Design,

as well as to protect unknowing consumers from purchasing the Infringing Products over the

Internet. Plaintiff has been and continues to be irreparably harmed by Defendants’ infringement of

Plaintiff’s Patented Design and, therefore, Plaintiff seeks injunctive relief to halt such infringement

and irreparable harm. Plaintiff also seeks monetary relief for the injury she has sustained and is

sustaining. In support thereof, Plaintiff states as follows:

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NATURE OF THE ACTION

1. Xiaoyan Qian is an individual residing in China who owns at least one design patent

registered with the United States Patent and Trademark Office, one of which is asserted in this

case (the “Asserted Patent” or “Plaintiff’s Patented Design”). A copy of the Asserted Patent is

attached as Exhibit 1.

2. On April 25, 2023, the United States Patent and Trademark Office duly and legally

issues United States Patent No. D984,596, entitled “FAUCET DRIP CATCHER” to Xiaoyan

Qian.

3. Plaintiff is the named assignee of, owns all right, title and interest in, and has

standing to sue for infringement of United States Patent No. D984,596.

4. After obtaining the registration for the Patented Design, Ms. Qian conducted an

internet inquiry and discovered that the Defendants were selling products that embodied the

Patented Design, despite having no license or authorization from Plaintiff.

5. Defendants’ Infringing Products are cheaply produced and inferior to Plaintiff’s

licensed products. The Infringing Products threaten to destroy Plaintiff’s reputation and goodwill

and cause significant harm to Plaintiff’s business, for which there is no adequate remedy because

licensing is at the core of Ms. Qian’s business.

6. On information and belief, Defendants’ infringing activities of offering for sale and

selling Infringing Products arise from the same transaction, occurrence, or series of transactions.

Specifically, on information and belief, Defendants are actively participating in a conspiracy to

distribute and sell Infringing Products to United States consumers. Further, Defendants, on

information and belief, are working together to manufacture, arrange the manufacture of and/or

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sell and otherwise distribute the Infringing Products. Moreover, the Infringing Products and their

corresponding listings share similar characteristics suggestive of common ownership or scheme.

7. Plaintiff therefore brings this action for federal patent infringement pursuant to 35

U.S.C. § 271, et seq.

JURISDICTION AND VENUE

8. This Court has original subject matter jurisdiction over the claims in this action

pursuant to the provisions of the Patent Act, 35 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1338(a),

1331.

9. This Court may exercise personal jurisdiction over a non-resident of the State in

which the Court sits to the extent authorized by the state's laws. Fed. R. Civ. P. 4(e). Pennsylvania

authorizes personal jurisdiction over each Defendant pursuant to 42 Pa. Cons. Stat.§ 5322 (a)

which provides in pertinent part: “A tribunal of this Commonwealth may exercise personal

jurisdiction over a person ... as to a cause of action or other matter arising from such person: (1)

Transacting any business in this Commonwealth. Without excluding other acts which may

constitute transacting business for the purpose of this paragraph: (ii) The doing of a single act in

this Commonwealth for the purpose of thereby realizing pecuniary benefit ... (3) Causing harm or

tortious injury by an act or omission in this Commonwealth. (4) Causing harm or tortious injury

by an act or omission outside this Commonwealth ... (10) Committing any violation within the

jurisdiction of the Commonwealth of any statute, home rule charter, local ordinance or resolution,

or rule or regulation promulgated thereunder by any government unit or of any order of court or

other government unit.” In the alternative, Federal Rule of Civil Procedure 4(k) confers personal

jurisdiction over the Defendants because, upon information and belief, Defendants regularly

conduct, transact and/or solicit business in Pennsylvania and in this judicial district, and/or derive

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substantial revenue from their business transactions in Pennsylvania and in this judicial district

and/or otherwise avail themselves of the privileges and protections of the laws of the

Commonwealth of Pennsylvania such that this Court's assertion of jurisdiction over Defendants

does not offend traditional notions of fair play and due process, and/or Defendants’ illegal

infringing actions caused injury to Plaintiff in Pennsylvania and in this judicial district such that

Defendants should reasonably expect such actions to have consequences in Pennsylvania and in

this judicial district, for example:

a. Defendants were and/or are systematically directing and/or targeting their

business activities at consumers in the United States, including

Pennsylvania, through on-line platforms and storefronts, via on-line

marketplace websites, like Amazon.com, Temu.com, and Walmart.com

under the Seller IDs, as well as any and all as yet undiscovered accounts

with online storefronts held by or associated with Defendants, their

respective officers, employees, agents, servants and all persons in active

concert or participation with any of them, through which consumers in the

United States, including Pennsylvania, can view the one or more of

Defendants’ online storefronts that each Defendant operates, uses to

communicate with Defendants regarding their listings for Infringing

Products and to place orders for, receive invoices for and purchase

Infringing Products for delivery in the U.S., including Pennsylvania, as a

means for establishing regular business with the U.S., including

Pennsylvania.

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b. Upon information and belief, certain Defendants are sophisticated sellers,

each operating one or more commercial businesses using their respective

storefronts through which Defendants, their respective officers, employees,

agents, servants and all persons in active concert of participation with any

of them, operate storefronts to manufacture, import, export, advertise,

market, promote, distribute, offer for sale and/or otherwise deal in products,

including the Infringing Products, which are held by or associated with

Defendants, their respective officers, employees, agents, servants and all

persons in active concert or participation with any of them in wholesale

quantities at significantly below-market prices to consumers worldwide,

including to those in the U.S., and specifically Pennsylvania.

c. Upon information and belief, Defendants’ online storefronts reflect multiple

sales to consumers all over the world, including repeat sales to consumers

in the U.S. and into this judicial district.

d. Upon information and belief, all Defendants accept payment in U.S.

Dollars, collect and pay Pennsylvania sales tax, and offer shipping to the

U.S., including to Pennsylvania.

e. Defendants have transacted business with consumers located in the U.S.,

including Pennsylvania, for the sale and shipment Infringing Products.

f. Upon information and belief, Defendants are employing and benefiting

from substantially similar, paid advertising and marketing and advertising

strategies in order to make their storefronts selling illegal goods appear

more relevant and attractive to search result software across an array of

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queries. By their actions, Defendants are causing concurrent and indivisible

harm to Plaintiff and the consuming public by (i) depriving Plaintiff of its

right to fairly compete for space within the various on-line marketplace

search results and reducing the visibility of genuine Plaintiff’s Products on

various on-line marketplaces and/or diluting and driving down the retail

market price for the (ii) causing an overall degradation of the value of the

goodwill associated with Plaintiff’s works and goods; and (iii) increasing

Plaintiff’s overall cost to market its goods and educate consumers about its

brand and products.

g. Defendants are concurrently targeting their infringing activities toward

consumers and causing harm in Pennsylvania.

h. Upon information and belief, many Defendants likely reside and/or operate

in and/or purchase the illegal goods from foreign jurisdictions with lax

trademark and patent enforcement systems and are cooperating by creating

an illegal stream of infringing goods.

i. Upon information and belief, Defendants are aware of Plaintiff’s Products

and are aware that their illegal infringing actions alleged herein are likely

to cause injury to Plaintiff in the United States, in Pennsylvania and in this

judicial district specifically, as Plaintiff conducts substantial business in

Pennsylvania.

9. For the reasons stated above, venue is proper in this Court pursuant to 28 U.S.C. §

1391, and this Court may properly exercise personal jurisdiction over Defendants. In short, each

of the Defendants is committing tortious acts in Pennsylvania via offering for sale and/or sale of

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their infringing goods through the Seller IDs, is engaging in interstate commerce, and has

wrongfully caused Plaintiff substantial injury in the State of Pennsylvania.

THE PARTIES

Plaintiff Xiaoyan Qian

10. Ms. Qian is an individual who resides in China.

11. Ms. Qian owns and operates a successful business selling, among other items, her

patented faucet mat. Ms. Qian’s business conducts substantial commercial operations including

licensing of intellectual property rights. Ms. Qian is the owner of all rights, title, and interest in

several patented designs which have been registered with the U.S. Patent Office, including the

Asserted Patent.

12. Among the exclusive rights granted to Plaintiff under the Patent Act are the

exclusive rights to manufacture, distribute, import, offer for sale, and/or sell goods encapsulated

by Plaintiff’s Patented Design.

13. Plaintiff plans to expand the manufacturing and sales of products embodying her

patented designs, including the Patented Design asserted in this case. Plaintiff also licenses her

patent to other manufacturers who will be using the designs on various products.

14. Plaintiff’s Products are known for their distinctive patented designs. These designs

are broadly recognized by consumers and are highly sought after kitchen products. Kitchen

products styled after these designs are associated with the quality and innovation that the public

has come to expect from Plaintiff’s Products. Plaintiff uses these designs in connection with its

Products, including, but not limited to, the designs shown in the below table and in Exhibit 1.

Plaintiff’s Products, including those which embody the Plaintiff’s Patented Design, are marked in

compliance with 35 U.S.C. § 287(a).

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Patent
Claim Issue Date
Number
D984,596 Apr, 25, 2023

15. Plaintiff has spent substantial time and money advertising her goods and plans to

continue expanding her advertising and promotion of genuine goods embodying the Patented

Design by authorized distributors and third parties via the Internet. Over the past several years,

visibility on the Internet, particularly via e-commerce platforms such as Amazon, eBay, TikTok,

Temu, Wish, and Walmart, and others, (“Third Party Platforms”), has become increasingly

important to Plaintiff’s overall marketing. Thus, Plaintiff and her authorized distributors will be

expending significant monetary resources on Internet marketing, including search engine

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optimization (“SEO”) strategies. Those strategies allow Plaintiff and her authorized retailers to

educate consumers fairly and legitimately about the value associated with genuine Plaintiff’s

products. Similarly, Defendants’ individual Seller IDs are indexed on the Third Party Platforms

and compete directly with Plaintiff for space in the search results, resulting in a flooding of the

market with Infringing Products and irreparably harming Plaintiff and her business.

The Defendants

16. Defendants are individuals and business entities who, upon information and belief,

reside and/or operate the Seller IDs in the People’s Republic of China and other foreign

jurisdictions or redistribute products from the same or similar sources in those locations.

Defendants have the capacity to be sued pursuant to Federal Rule of Civil Procedure 17(b).

Defendants conduct business or assist in business conducted throughout the United States

(including within the State of Pennsylvania and this Judicial District) through the manufacturing,

online advertising and offering for sale, and importation and distribution of products that embody

infringing versions of Plaintiff’s Patented Design. Defendants conduct business, or assist in

business conducted, throughout the United States (including within the State of Pennsylvania and

this Judicial District) through the public display, online advertising and selling, and importation

and distribution, of items that incorporate infringing versions of Plaintiff’s Patented Design.

17. The Seller IDs share unique identifiers establishing a logical relationship between

them and reflecting that Defendants’ illegal operation arises out of the same transaction,

occurrence, or series of transactions or occurrences. Defendants attempt to avoid liability by going

to great lengths to conceal both their identities and the full scope and interworking of their

sophisticated illegal operation, including changing the names of their stores multiple times,

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opening new stores, helping their friends open stores, and making subtle changes to their products

and listings.

18. On information and belief, Defendants create their online Seller IDs and advertise

what appear to be genuine versions of Plaintiff’s patented products, without any permission or

license from Plaintiff.

19. Defendants appear to be an interrelated group of infringers, who create the Seller

IDs on various third-party online platforms and design these stores to appear to sell genuine

versions of Plaintiff's Products, while they actually sell inferior infringing imitations of Plaintiff's

Products. The Seller IDs share unique identifiers, such as common design elements, the same or

similar Infringing Products they offer for sale, product descriptions, shopping cart platforms, and

accepted payment methods. They also use the same or similar check-out methods, absent or fake

contact information, identically priced or similarly priced Infringing Products and volume sales

discounts. These numerous similarities establish a logical relationship between Defendants and

show the likelihood that their illegal operations arise out of the same transaction or occurrence.

These tactics used by Defendants to conceal their identities, and the full scope of their illegal

operation, make it virtually impossible for Plaintiff to learn the precise scope and the exact

interworking of their illegal network. Should Defendants provide additional credible information

regarding their identities, which they are required to present as part of their defense, Plaintiff will

amend the Complaint accordingly.

DEFENDANTS’ UNLAWFUL CONDUCT

20. The success of online sales of products to the United States has resulted in

significant infringement of Plaintiff's Patented Design. Consequently, Plaintiff regularly

investigates suspicious e-commerce stores identified in proactive Internet sweeps. Plaintiff has

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identified hundreds of fully interactive e-commerce stores, including the Seller IDs, offering for

sale and/or selling Infringing Products to consumers in this Judicial District and throughout the

United States. These Infringing Products are faucet drip catchers that closely mimic the design

patented by Plaintiff, including the same overall shape, dimensions, and aesthetic features.

Specifically, the infringing products have a curved basin designed to fit around a faucet, with a

similar lip and drainage system as described in Plaintiff's patent. Based on Plaintiff's investigation,

Defendants have sold countless varying types of these Infringing Products, with an unknown total

retail value. The Infringing Products have been distributed to customers across the U.S., severely

impacting the market for Plaintiff's genuine products.

21. Defendants operate at least the Seller IDs identified in Schedule A and engage in

the unauthorized reproduction, public display, and distribution of goods embodying Plaintiff’s

Patented Design and/or substantially similar thereto.

22. Defendants’ sale, distribution, and advertising of Infringing Products are highly

likely to cause consumers to believe that Defendants are offering and selling authorized products

when in fact they are not. The Infringing Products are faucet drip catchers that infringe Plaintiff’s

Patented Design including the curved basin design, which precisely matches the patented shape

with its specific curvature and dimensionality, the lip configuration, which directly copies the

unique drainage system as described in the patent drawings, the overall aesthetic features,

including the exact proportional relationships and surface contours that distinguish the original

design. See Exhibit 1. Images of the Seller IDs’ Infringing Products demonstrate a verbatim

reproduction of these specific patented design elements, causing consumer confusion and market

harm. To illustrate, below are several examples using three of the Seller IDs included in Schedule

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A attached hereto (DIGIBLUESKY, Palksky Store, Qulable) which show that the Infringing

Products embody Plaintiff’s Patented Design:

Plaintiff’s Patented Design Infringing Listing

Seller ID: DIGIBLUESKY

Seller ID: Palksky Store

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Plaintiff’s Patented Design Infringing Listing

Seller ID: Qulable

23. Screenshot evidence showing each Seller ID on Schedule A selling Infringing

Products is attached as Exhibit 2.

24. Defendants’ unauthorized reproduction, distribution, and public display of products

embodying Plaintiff’s Patented Design is irreparably harming Plaintiff and her business.

25. According to an intellectual property rights seizures statistics report issued by the

United States Department of Homeland Security, the manufacturer’s suggested retail price

(“MSRP”) of goods seized by the U.S. government in fiscal year 2023 was over $2.7 billion. (See

Exhibit 3 at 2). Internet websites like the Seller IDs are also estimated to contribute to tens of

thousands of lost jobs for legitimate businesses and broader economic damages such as lost tax

revenue every year. (See Exhibit 4 at 8).

26. E-commerce retail platforms such as those used by Defendants do not subject new

sellers to verification and confirmation of their addresses and identities, thus allowing infringers

to extensively use false names and addresses when registering with these e-commerce retail

platforms and open multiple Seller IDs in attempts to avoid detection.

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27. As stated above, Defendants employ and benefit from substantially similar

advertising and marketing strategies. Defendants facilitate sales by designing Seller IDs so that

they appear to unknowing consumers to be authorized online retailers, outlet stores, or wholesalers.

Online internet stores like the Seller IDs appear sophisticated and accept payment in U.S. dollars

via credit cards, Amazon Pay, Western Union, PayPal, and other reputable payment platforms.

Online internet stores like the Seller IDs often include content and images that make it exceedingly

difficult for consumers to distinguish such stores from an authorized retailer. Plaintiff has not

licensed or authorized any of the Defendants to manufacture, distribute, import, offer for sale,

and/or sell goods embodying Plaintiff’s Patented Design, and none of the Defendants are

authorized to sell Plaintiff’s Products.

28. Upon information and belief, Defendants have engaged in fraudulent conduct when

registering the Seller IDs by providing false, misleading, and/or incomplete information to e-

commerce platforms. Upon information and belief, certain Defendants have anonymously

registered and maintained aliases to prevent discovery of their true identities and the scope of their

e-commerce operation.

29. Upon information and belief, Defendants regularly register or acquire new seller

aliases for the purpose of offering for sale and selling Infringing Products on e-commerce

platforms such as Amazon, eBay, Temu, Wish, Walmart, and other Third Party Platforms. Such

seller alias registration patterns are one of many common tactics used by Defendants to conceal

their identities and the full scope and interworking of their illegal operation, and to avoid being

shut down.

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The Scope of Defendants’ Infringing Activities

30. Upon information and belief, each Defendant operates more than one merchant

storefront.

31. Upon information and belief, each Defendant operates merchant storefronts across

multiple e-commerce marketplaces.

32. Upon information and belief, each Defendant has sold more than 150,000 units of

the Infringing Product.

33. Upon information and belief, each Defendant’s profits from the sale of the

Infringing Products total more than $100,000.

34. Upon information and belief, each Defendant’s profits from the sale of the

Infringing Products total more than $300,000.

35. Upon information and belief, each Defendant’s profits from the sale of the

Infringing Products total more than $2,000,000.

JOINDER OF DEFENDANTS

36. As stated above, on information and belief, Defendants often operate under multiple

fictitious aliases, and unauthorized on-line retailers such as the Seller IDs often share unique

identifiers, such as templates with common design elements that intentionally omit any contact

information or other identifying information and likewise omit other seller aliases that they use.

Further, such unauthorized retailers include other notable common features on their internet stores

such as use of the same registration patterns, accepted payment methods, check-out methods,

keywords, similarities in price and quantities, and/or the use of the same text and stock images or

artificially produced images. The Infringing Products offered for sale by unauthorized retailers

such as the Seller IDs often bear irregularities and indicia of being unauthorized that are similar to

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one another, suggesting that the Infringing Products were manufactured by and come from a

common source and that these unauthorized retailers are interrelated.

37. On information and belief, groups of infringers such as Defendants here are

typically in communication with each other. They regularly participate in WeChat chat rooms, and

communicate through websites such as sellerdefense.cn and kuajingvs.com, where they discuss

tactics for operating multiple accounts, evading detection, pending litigation, and new lawsuits.

See Exhibit 5. Infringers such as Defendants commonly operate under multiple seller aliases and

payment accounts so that they can continue operation despite enforcement efforts. Analysis of

financial account transaction logs from previous similar cases indicates that offshore infringers

regularly move funds from U.S.-based financial accounts to offshore accounts outside the

jurisdiction of the U.S. and this Court. Further analysis of similar cases shows that defendants

often sweep their accounts in case their infringing activities are detected, and their accounts are

frozen, at which time defendants will attempt to settle for lesser amounts to regain access to the

remaining funds or abandon their stores altogether and start fresh with a new alias.

38. Here, on information and belief, Defendants maintain offshore bank accounts and

regularly move funds from their financial accounts that are associated with the activity complained

of herein to such offshore accounts based outside of the jurisdiction of this Court. On information

and belief, Defendants undertake such activity in an attempt to avoid payment of any monetary

judgment awarded based on their infringement of intellectual property rights. Defendants appear

to be an interrelated group of infringers, who create numerous Seller IDs and design these stores

to appear to be selling genuine versions of Plaintiff’s Products, while they are actually selling

inferior, unauthorized imitations of Plaintiff’s Products. The Seller IDs share unique identifiers,

such as the following: common design elements, the same or similar infringing products that they

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offer for sale, similar infringing product descriptions, the same or substantially similar shopping

cart platforms, the same accepted payment methods, the same check-out methods, the same dearth

of contact information, and identically or similarly priced infringing products and volume sales

discounts. The foregoing similarities establish a logical relationship between them and suggest that

Defendants’ illegal operations arise out of the same series of transactions or occurrences.

39. These tactics used by Defendants to conceal their identities and the full scope of

their infringing operations make it almost impossible for Plaintiff to learn the precise scope and

the exact interworking of their illegal network. In the event that Defendants provide additional

credible information regarding their identities, Plaintiff will take appropriate steps to amend the

Complaint.

COUNT I
INFRINGEMENT OF UNITED STATES DESIGN PATENT NO. D984,596
(35 U.S.C. § 271(a))

48. Plaintiff hereby re-alleges and incorporates by reference each of the allegations set

forth in the preceding paragraphs.

49. Defendants make, use, sell, offer for sale, and/or import into the United States

products that infringe Plaintiff’s Patent.

50. In the eye of an ordinary observer, the design of Defendants’ Infringing Products

and the designs claimed in the Plaintiff patent are substantially the same. Said sameness deceives

prospective purchasers and induces them to purchase Defendants’ products supposing them to

have come from Plaintiff.

51. The mechanism of infringement is demonstrated through direct visual reproduction

of the Patented Design's unique structural elements. Defendants are engaged in unauthorized

manufacturing of products using identical design specifications, marketing and selling products

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that are substantially indistinguishable from the Patented Design, thereby exploiting the distinctive

ornamental characteristics protected by the Asserted Patent. The infringement mechanism

specifically involves copying the exact curved basin configuration, replicating the precise lip and

drainage system, and reproducing the distinctive aesthetic and functional design elements without

authorization.

52. Defendants’ Infringing Products misappropriate the novelty of the designs claimed

in the Plaintiff patent that distinguished Plaintiff’s patented designs from the prior art.

53. Defendants sell, offer for sale, and/or import into the United States for subsequent

sale or use products that infringe directly and/or indirectly the ornamental designs claimed in the

Plaintiff patent. No licensing agreements exist between Plaintiff and Defendants regarding the

patent at issue. Defendants have infringed the Plaintiff patent through the acts complained of herein

and will continue to do so unless enjoined by this Court.

54. Defendants have had constructive notice of Plaintiff’s rights in the Patent because

the Patent is marked on products embodying the patented design and/or their packaging with the

patent number in accordance with 35 U.S.C. § 287.

55. Defendants’ infringement of the Patent has been willful.

56. Defendants’ infringement of Patent has caused Plaintiff to suffer irreparable harm

resulting from the loss of its lawful rights under U.S. patent law to exclude others from making,

using, selling, offering for sale, and importing the designs claimed in the Patent.

57. Plaintiff is entitled to injunctive relief pursuant to 35 U.S.C. § 283.

58. Plaintiff is entitled to recover damages adequate to compensate Plaintiff for

Defendants’ infringement of the Patent, including Defendants’ profits pursuant to 35 U.S.C. § 289.

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59. Plaintiff is entitled to recover any other damages as appropriate pursuant to 35

U.S.C. § 284, including enhanced damages up to three times the amount found or assessed, due to

Defendants' willful infringement.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants and entry of an Order

pursuant to 28 U.S.C. § 1651(a), the All Writs Act, directing as follows:

(1) Defendants, their officers, agents, servants, employees, attorneys, confederates, and

all persons acting for, with, by, through, under, or in active concert or participation with them be

permanently enjoined and restrained from the following activities, as Plaintiff has demonstrated

(1) that it has suffered an irreparable injury; (2) that remedies available at law are inadequate to

compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and

defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved

by a permanent injunction:

(a) making, using, importing, offering for sale, and selling any product not

authorized by Plaintiff that includes any reproduction, copy, or colorable

imitation of the designs claimed in the Patented Design, or inducing others to

do the same;

(b) effecting assignments or transfers, forming new entities or associations, or

utilizing any other device for the purpose of circumventing or otherwise

avoiding the prohibitions set forth herein; and

(c) aiding abetting, contributing to, or otherwise assisting anyone in infringing

the Patented Design.

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(2) Directing that Defendants deliver for destruction all products not authorized by

Plaintiff that include any reproduction, copy, or colorable imitation of Plaintiff’s Patented Design.

(3) Entering an Order that all banks, savings and loan associations, other financial

institutions, payment processors, on-line marketplaces, and other third-parties who are in active

concert or participation with Defendants, shall, within two (2) business days of receipt of an Order

entered by this Court:

(a) Locate all accounts connected to Defendants;

(b) Restrain and enjoin such accounts from transferring or disposing of any

money or other of Defendants’ assets; and

(c) Transfer to Plaintiff all funds restrained in such accounts up to the amount

of any monetary relief awarded to Plaintiff by this Court within ten (10)

business days of receipt of such Order.

(4) Entering an Order that, until Plaintiff has recovered full payment of monies owed

to it by Defendants, in the event that any new financial accounts controlled or operated by

Defendants are identified, Plaintiff shall have the ongoing authority to direct any banks, savings

and loan associations, other financial institutions, payment processors, and on-line marketplaces,

with whom such newly identified accounts are maintained, to carry out the following activity:

(a) Locate all accounts connected to Defendants;

(b) Restrain and enjoin such accounts from transferring or disposing of any

money or other of Defendants’ assets; and

(c) Transfer any funds restrained in such accounts to Plaintiff within ten (10)

business days of receipt of this Order.

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(5) Awarding Plaintiff such damages as it may prove at trial that are adequate to

compensate Plaintiff for Defendants’ infringement of Plaintiff’s Patented Design, including but

not limited to lost profits and/or a reasonable royalty, and awarding Plaintiff all of the profits

realized by Defendants, or others acting in concert or participation with Defendants, from

Defendants’ unauthorized use and infringement of the Patented Design, in accordance with 35

U.S.C. § 284, together with prejudgment and post-judgment interest;

(6) Alternatively, should the Court not award Plaintiff statutory damages, that

Defendants be ordered to pay to Plaintiff all actual damages sustained by Plaintiff as a result of

Defendants’ infringement, said amount to be determined at trial; and that Defendants account for

and pay to Plaintiff all profits realized by Defendants by reason of Defendants’ infringement of

Plaintiff’s Patented Design as complained of herein, to the extent not already accounted for in the

above-referenced assessment of actual damages;

(7) Awarding Plaintiff its reasonable attorneys’ fees and costs pursuant to 35 U.S.C. §

285; and

(8) Awarding Plaintiff any and all other relief that this Court deems just and proper.

Date: February 12, 2025 Respectfully submitted,

By: /s/ Michael Mitchell

Michael Mitchell ARDC 6324363
Shengmao (Sam) Mu, NY #5707021
Abby Neu ARDC 6327370
Keaton Smith ARDC 6347736
WHITEWOOD LAW PLLC
57 West 57th Street, 3rd and 4th Floors
New York, NY 10019
Telephone: (917) 858-8018
Email: [email protected]

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Schedule A

DOE # Seller Name Platform Seller ID

1 AiYaYa Amazon A3MNXPJM1EQU3A
2 alterlife Amazon A2I7LGSMH5S4T8
3 Apqagjy Amazon A13ATWTIKUAUUN
4 ASDONAL Amazon A1X9Q5RDEDBDTG
5 Bilana Amazon A1D13ZTPOM79VC
6 Blue Encoli Amazon A2D9RZ70RKSPDT
7 CALVIN LAMONT HOWELL JR Amazon A2ROLY5NTA5JSH
8 candle wicks home Amazon A2WSJSFYSH9QGJ
9 changhaokeji Amazon A4Z9XV1GBY4UZ
10 Chaoyimai Amazon A30K7VS6GBQYWU
11 CXZWZ Amazon AFAB24YCDCH55
12 DacDark Amazon A354YZKCK7TV0T
13 Decompression Gadgets Amazon A1ZQD6S6ONTE2Q
14 DeDeEx Store Amazon A6MTXOTNFFGFY
15 Dicafu Amazon A327I5F50FC17E
16 EcoNests Amazon AZPINU54DBQX9
17 Everything here. Amazon A1L49AKYC03WVI
18 haihangshangmao Amazon A2DUSA303T520W
19 HappilyHomes Amazon A3FX9BNNC78U0G
20 Heyai store Amazon A2DX43LE9571CM
21 INSIGNIS2020 Amazon A2IYDCUH61FCJE
22 JBM COMPANY Amazon A1PR417T5CQUMQ
23 JERYBO Store Amazon A10T74RPOBHP1K
24 Jing Sen Amazon A2U8ZCQJMLVHS7
25 kunmingshiguanyeshangmaoyouxiangongsi Amazon A3HIA2O03ZVQ2E
26 MJCStorefront Amazon A3J6PCG9L8172F
27 NAMOTUOFO Amazon A1XY78EQ22RIQA
28 Nube de Angeles Amazon A1H6L7RXT2KSLX
29 QiYanDongShi Amazon A35N443OV8SW1
30 RUIBUIT US Amazon A159PJJPT4TUN2
31 Trinkets4every1 Amazon A3N2VNZGJX98QS
32 YBDXVX Amazon A1T1WKT0E4J7UZ
33 YueZhenTong Amazon A2TVW529R0MIPY
34 zhijiangshilianlaishangmaoyouxiangongsi Amazon A2TCD6O15TWEPN
35 ZZHM Amazon A3U6EW005SBJAN
36 泉州市丰泽区阿峰信息咨询服务中心 Amazon A366G7Y9HYBAPZ
37 AMU Walmart 101112349
38 DEELLEEO Co. Ltd Walmart 101295652
39 DUNENG Co.Ltd Walmart 101680885

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 Case 2:25-cv-00184-RJC Document 1 Filed 02/12/25 Page 23 of 24

DOE # Seller Name Platform Seller ID

40 Fanshiluo Walmart 101533907
41 FShU Shop Walmart 101302718
42 Fulande Co. Ltd Walmart 101254933
43 Heldig Walmart 101247967
44 HS LLC Walmart 101084461
45 JIAOCHU Walmart 101127800
46 Jinhua Shengen Trading Co. Ltd Walmart 101334082
47 LianYue Living Store Walmart 101178510
48 lindbes Walmart 101600728
49 MsnF Co.Ltd Walmart 101243696
50 NeVory Store Walmart 101277419
51 NiuHui Luggage Company Walmart 101082363
52 Sunsent Walmart 101095599
53 YUANEN Co.Ltd Walmart 101677951
54 YumSurstore Walmart 101126446
55 Imperial Commerce Temu 145214457341
56 KEYUA Temu 634418213881531
57 Laizi Home furnishing Temu 634418214735409
58 LeYun Health Temu 4851341946288
59 LIAOXIXI Temu 634418214140298
60 Little cub Little Ocean Temu 2458518177863
61 Lucksheep Shop Temu 634418212166031
62 May tomorrow be a better day Temu 667066201944
63 Meikea Temu 634418210997436
64 Mr Sweeper Temu 634418213608593
65 Mr xiew Temu 634418211942178
66 MRYU baking Temu 43171017672
67 Ntwgohome Temu 72876339652
68 one two there Temu 6262845151090
69 Onedream Temu 5041939893988
70 PetDesign Temu 634418213046087
71 PJhuanyu Temu 634418213464066
72 Pudding Fashion Temu 304468157045
73 Qingshuang Temu 634418213640051
74 Rbinets Temu 299826269888
75 Rongxie Mall Temu 634418213730364
76 Smideas Temu 634418213214322
77 Super deal Temu 1420461441
78 Taotao purchase Temu 634418215765095
79 TI Maxx Temu 634418211699444
80 WANGMANFUHOME Temu 634418212910502
81 Winfully Temu 634418213325135

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 Case 2:25-cv-00184-RJC Document 1 Filed 02/12/25 Page 24 of 24

DOE # Seller Name Platform Seller ID

82 WXMRX CROP Temu 634418213744915
83 X tian A Temu 634418211911354
84 Xinyi sells well Temu 634418213843665
85 YELAND Temu 634418211407794
86 You Best Home Temu 3932872946218
87 YU Genki Home Temu 634418216447754
88 Yushu Home Furnishing Flagshi Temu 60492753009

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