1:25-cv-01581
N.D. Ill.Sep 9, 2025Background
- Plaintiff Mob Entertainment, Inc. develops the video game Poppy Playtime and sells related branded products; it owns registered trademarks (POPPY PLAYTIME, BOXY BOO, MOMMY LONG LEGS) and copyright registrations for certain Poppy Playtime works.
- Plaintiff sued a Schedule A defendant for selling allegedly infringing products on eBay and moved for default judgment under Rule 55.
- Plaintiff presented an investigator purchase and eBay listings showing an allegedly infringing plush; Plaintiff alleged up to 80 units offered and at least 41 sold.
- Plaintiff sought statutory damages: $50,000 for trademark infringement (15 U.S.C. § 1117(c)) and $50,000 for copyright infringement (17 U.S.C. § 504(c)), a permanent injunction covering all Copyrighted Works, and a freeze/turnover of the defendant’s financial accounts.
- The court found the eBay listing did not infringe Plaintiff’s trademarks (marks were not used in the listing) but did infringe Plaintiff’s copyright as to a single image (CH3 CatNap (big)).
- The court entered default judgment in part: liability for copyright infringement only, a preliminary injunction limited to the CH3 CatNap (big) image, and statutory damages reduced to $1,000; limited turnover of funds to satisfy that judgment only.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for trademark infringement | Defendant sold counterfeit goods using Plaintiff’s marks and is liable | (Defaulting defendant made no substantive opposition) | Denied — listing did not use Plaintiff’s marks; no likelihood of confusion shown |
| Liability for copyright infringement | Defendant reproduced Plaintiff’s copyrighted images in product listings and sold infringing items | (No response) | Granted as to one image (CH3 CatNap (big)) only |
| Statutory damages amount (trademark & copyright) | $50,000 (trademark) and $50,000 (copyright) per defendant due to willful conduct | (No responsive proof to refute) | Reduced to $1,000 for copyright; trademark statutory damages denied |
| Asset freeze/turnover relief | All assets in defendant’s accounts should be frozen/turned over to secure judgment | Risk of overbroad freeze on assets unrelated to infringing sales | Limited: funds may be used to satisfy the $1,000 judgment; broader freeze terminated after satisfaction |
Key Cases Cited
- Packman v. Chicago Tribune Co., 267 F.3d 628 (7th Cir.) (likelihood-of-confusion analysis informs trademark relief)
- Entertainment One UK Ltd. v. 2012shiliang, 384 F. Supp. 3d 941 (N.D. Ill.) (approach to statutory damages and relation to actual harm)
- Chi-Boy Music v. Charlie Club, Inc., 930 F.2d 1224 (7th Cir.) (factors for setting statutory damages include difficulty proving actual damages and deterrence)
- Gen. Elec. Co. v. Speicher, 877 F.2d 531 (7th Cir.) (amount of harm caused by infringer bears on damages)