Case Information
*1 IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CONAIR CORPORATION, ) ) Case No. 16-cv-09693 Plaintiff, ) ) Judge Samuel Der-Yeghiayan v. ) ) Magistrate Judge Michael T. Mason CHEN XIN, et al., ) ) Defendants. ) ) FINAL JUDGMENT ORDER AGAINST THE DEFENDANTS IDENTIFIED ON SCHEDULE A, WITH THE EXCEPTION OF DEFENDANT JIANGJC_STORE
This action having been commenced by Plaintiff Conair Corporation (“Plaintiff” or “Conair”) against the defendants identified on Schedule A, and using the Defendant Domain Names and Online Marketplace Accounts (collectively, the “Defendant Internet Stores”), and this Court having entered entered Default pursuant to Federal Rule of Civil Procedure 55(a) on December 6, 2016 [36];
Conair having moved for Default Judgment against the Defendants identified on Schedule A attached hereto, with the exception of Defendant jiangjc_store (collectively, the “Defaulting Defendants”); and
This Court having entered upon a showing by Conair, a temporary restraining order and preliminary injunction against Defaulting Defendants, which included a domain name transfer order and asset restraining order;
THIS COURT HEREBY FINDS that it has personal jurisdiction over Defaulting Defendants since Defaulting Defendants directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defaulting Defendants are *2 reaching out to do business with Illinois residents by operating one or more commercial, interactive Defendant Internet Stores through which Illinois residents can purchase products bearing counterfeit versions of the CONAIR Trademarks (a list of which is included in the below chart).
R EGISTRATION R EGISTERED R EGISTRATION I NTERNATIONAL N UMBER T RADEMARK D ATE C LASSES 994,007 CONAIR September 24, For: Electric hair dryers,
1974 electric curling irons in class 011. 1,032,163 February 3, For: Electric hair dryers, 1976 electric hot combs, electric curling irons, and electric pressing combs in class 011. For: Hair brushes in class 021.
1,148,225 March 10, 1981 For: Electric hair styling apparatus-namely, electric hair straightener, electric styling irons, electric brushes and electric styling combs in class 009.
2,248,614 CONAIR June 1, 1999 For: Electrical and/or battery-operated shavers, clippers and trimmers, and non-electrical hand operated shears in class 008. For: Electrical curling brushes, electrical hair curling irons, electrical heated hair rollers and hair setters in class 009. For: Electrical and/or battery-operated massagers and electrical heating pads *3 in class 010. For: Electrical lighted make-up mirrors in class 020. For: Hair brushes, hair combs, hair rollers, hair styling implements, namely, and electrical and non-electrical toothbrushes in class 021. 3,176,276 BABYLISS PRO TT November 28, For: Hair appliances,
2006 namely hair dryers in class 011. 3,331,036 BABYLISS PRO TT September 12, For: Hair appliances, 2006 namely, electric hair curling irons and electric hair straighteners in class 009.
3,513,454 BABYLISS October 7, 2008 For: Hand-held electric hair dryers in class 011. 3,513,456 BABYLISS October 7, 2008 For: Hair brushes; hair combs in class 021. 3,825,111 BABYLISS PRO July 27, 2010 For: Electric hand-held
XCLUSIVE hair styling irons in class 009. For: Hand-held electric hair dryers in class 011. 4,042,126 BABYLISS October 18, For: Electric hair curlers in
2011 class 009. 4,246,825 BABYLISS FOR MEN November 20, For: Hair clippers; hair 2012 trimmers; mustache and
beard trimmers in class 008.
4,272,256 INFINITI PRO BY January 8, 2013 For: Electric irons for CONAIR styling hair in class 008. *4 For: Electric hair dryers in class 011. For: Electrically heated hair brushes in class 021.
4,365,347 MIRACURL July 9, 2013 For: Electric hair curling irons in class 008. For: Electric hair curlers in class 026.
4,400,184 INFINITI PRO BY September 10, For: Electric hair curlers, CONAIR 2013 other than hand implements; Electric hair rollers in class 026.
4,399,723 INFINITI PRO BY September 10, For: Hair brushes in class CONAIR 2013 021. 4,464,104 CURL SECRET January 7, 2014 For: Electric irons for styling hair in class 008. 4,561,367 BABYLISSPRO July 1, 2014 For: Electric hair trimmers; hair clippers; electric hair curling irons; electric hair straightening irons; electric hand-held hair styling irons in class 008. For: Electric hair dryers in class 011. For: Hair brushes in class 021.
4,649,356 December 2, For: Electronic hand-held 2014 hair styling irons in class 008. *5 4,693,394 HAIR GOES IN CURL February 24, For: Electric hair curling COMES OUT 2015 irons in class 008. THIS COURT FURTHER FINDS that Defaulting Defendants are liable for willful federal trademark infringement and counterfeiting (15 U.S.C. § 1114), false designation of origin (15 U.S.C. § 1125(a)), cybersquatting (15 U.S.C. § 1125(d)) as to certain Defaulting Defendants operating a domain name incorporating any of the CONAIR Trademarks, and violation of the Illinois Uniform Deceptive Trade Practices Act (815 ILCS § 510, et seq. ).
IT IS HEREBY ORDERED that Plaintiff’s Motion for Default Judgment is GRANTED in its entirety and that this Final Judgment is entered against Defaulting Defendants. IT IS FURTHER ORDERED that: 1. Defaulting 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 permanently enjoined and restrained from: a. using the CONAIR Trademarks 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 that is not a genuine Conair Product or not authorized by Conair to be sold in connection with the CONAIR Trademarks;
b. passing off, inducing, or enabling others to sell or pass off any product as a genuine Conair Product or any other product produced by Conair, that is not Conair’s or not produced under the authorization, control or supervision of Conair and approved by Conair for sale under the CONAIR Trademarks;
*6 c. committing any acts calculated to cause consumers to believe that Defaulting Defendants’ products are those sold under the authorization, control or supervision of Conair, or are sponsored by, approved by, or otherwise connected with Conair;
d. further infringing the CONAIR Trademarks and damaging Conair’s goodwill; e. otherwise competing unfairly with Conair in any manner; and f. manufacturing, 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 Conair, nor authorized by Conair to be sold or offered for sale, and which bear any of Conair’s trademarks, including the CONAIR Trademarks, or any reproductions, counterfeit copies or colorable imitations thereof.
2. The domain name registries for the Defendant Domain Names, including, but not limited to, VeriSign, Inc., Neustar, Inc., Afilias Limited, CentralNic, Nominet, and the Public Interest Registry, within three (3) business days of receipt of this Order, shall, at Conair’s choosing: a. permanently transfer the Defendant Domain Names to Conair’s control, including
unlocking and changing the registrar of record for the Defendant Domain Names to a registrar of Conair’s selection; or
b. cancel the registrations for the Defendant Domain Names and make them inactive. 3. The domain name registrars, including, but not limited to, GoDaddy Operating Company, LLC (“GoDaddy”), Name.com, PDR LTD. d/b/a PublicDomainRegistry.com (“PDR”), and Namecheap Inc. (“Namecheap”), within three (3) business days of receipt of this *7 Order, shall take any steps necessary to transfer the Defendant Domain Names to a registrar account of Conair’s selection.
4. Those in privity with Defaulting Defendants and any third party with actual notice of this Order who is providing services for any of the Defaulting Defendants, or in connection with any of Defaulting Defendants’ websites at the Defendant Domain Names or other websites operated by Defaulting Defendants, including, without limitation, any online marketplace platforms such as iOffer, eBay, AliExpress and Alibaba, web hosts, sponsored search engine or ad-word providers, credit cards, banks, merchant account providers, third party processors and other payment processing service providers, Internet search engines such as Google, Bing and Yahoo, and domain name registrars, including, but not limited to, GoDaddy, Name.com, PDR, and Namecheap, (collectively, the “Third Party Providers”) shall within three (3) business days of receipt of this Order: a. disable and cease providing services being used by Defaulting Defendants, currently
or in the future, to engage in the sale of goods using the CONAIR Trademarks; b. disable and cease displaying any advertisements used by or associated with Defaulting Defendants in connection with the sale of counterfeit and infringing goods using the CONAIR Trademarks; and
c. take all steps necessary to prevent links to the Defendant Domain Names identified on Schedule A from displaying in search results, including, but not limited to, removing links to the Defendant Domain Names from any search index.
5. Pursuant to 15 U.S.C. § 1117(c)(2), Conair is awarded statutory damages from each of the Defaulting Defendants in the amount of two million dollars ($2,000,000) for willful use of counterfeit CONAIR Trademarks on products sold through at least the Defendant *8 Internet Stores. The two million dollar ($2,000,000) award shall apply to each distinct Defaulting Defendant only once, even if they are listed under multiple different aliases in the Amended Complaint and Schedule A.
6. PayPal, Inc. (“PayPal”) shall, within two (2) business days of receipt of this Order, permanently restrain and enjoin any China or Hong Kong based accounts connected to Defaulting Defendants, Defaulting Defendants’ Online Marketplace Accounts or Defaulting Defendants’ websites identified in Schedule A from transferring or disposing of any money or other of Defaulting Defendants’ assets.
7. All monies currently restrained in Defaulting Defendants’ financial accounts, including monies held by PayPal, are hereby released to Conair as partial payment of the above- identified damages, and PayPal is ordered to release to Conair the amounts from Defaulting Defendants’ PayPal accounts within ten (10) business days of receipt of this Order.
8. Until Conair has recovered full payment of monies owed to it by any Defaulting Defendant, Conair shall have the ongoing authority to serve this Order on PayPal in the event that any new PayPal accounts controlled or operated by Defaulting Defendants are identified. Upon receipt of this Order, PayPal shall within two (2) business days: a. locate all accounts and funds connected to Defaulting Defendants, Defaulting
Defendants’ Online Marketplace Accounts, or Defaulting Defendants’ websites, including, but not limited to, any PayPal accounts connected to the information listed in Schedule A hereto, the e-mail addresses identified in Exhibits 2 and 3 to the Declaration of Lisa J. Deere, and any e-mail addresses provided for Defaulting Defendants by third parties;
*9 b. restrain and enjoin such accounts or funds that are China or Hong Kong based from transferring or disposing of any money or other of Defaulting Defendants’ assets; and c. release all monies restrained in Defaulting Defendants’ PayPal accounts to Conair as partial payment of the above-identified damages within ten (10) business days of receipt of this Order.
9. In the event that Conair identifies any additional online marketplace accounts, domain names or financial accounts owned by Defaulting Defendants, Conair may send notice of any supplemental proceeding to Defaulting Defendants by e-mail at the e-mail addresses identified in Exhibits 2 and 3 to the Declaration of Lisa J. Deere and any e-mail addresses provided for Defaulting Defendants by third parties.
10. The ten thousand dollar ($10,000) cash bond posted by Conair, including any interest minus the registry fee, is hereby released to Conair or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the cash bond previously deposited with the Clerk of the Court to Conair or its counsel by check made out to the Greer, Burns & Crain IOLTA account.
This Court, having determined that there is no just reason for delay, orders that this is a Final Judgment against Defaulting Defendants. DATED: January 11, 2017
___________________________________ U.S. District Court Judge Samuel Der-Yeghiayan
*10 Conair Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule "A" Case No. 16 ‐ cv ‐ 09693 Schedule
A
No. Defendant Name / Alias No. Defendant Name / Alias 1 Chen Xin 2 Yevge 3 Yan Jia 4 xiaoyan 5 Wing wah cherry Chun 6 Ursula Grunwald 7 Shirley Kuhlenberg 8 Ronald Zong 9 Reynolds Martha 10 qiangzi 11 planchae.com 12 planchaa.com 13 Peter Taylor 14 Michael Madden 15 Michael Fitzgerald 16 Ludwig Rhys 17 lifang zhang 18 Lian Cheng 19 Kanjzb Tabnjzb 20 ictwebring.nl 21 guo san 22 floorlogo.nl 23 Dong Xiaotian 24 Dong Ming Ke Ji Gong Si 25 Dan Thurston 26 chen chiayu 27 cabelloo.com 28 bergopbergaf.nl 29 bagssalesshop.com 30 Ano Nymous 31 Aguayo Yessica 32 Cixi Utrust Electric Appliance Co., Ltd. 33 REYMONTANA PRODUCTS 34 Shenzhen Cinsmile Technology Co., Ltd.
MANUFACTURING
CO., LIMITED 35 AE Supermarket 36 Arui co,ltd 37 Bellis perennis 38 Commodity factory store 39 ash_6176 40 gui_7492 41 huatonda ‐ technology 42 DISMISSED 43 jiangjc_store 44 kjlgorz2016 45 may_7417 46 DISMISSED 47 DISMISSED 48 shuik2015 49 teresachenlei 50 DISMISSED 51 wangtaifu08008 52 zha9162 53 5_star_choice 54 bestbluepop2012 55 doubletreemall 56 myfamilybasket *11 No. Defendant Marketplace URL No. Defendant Marketplace URL
1 cn ‐ utrust.en.alibaba.com 2 reymontana.en.alibaba.com 3 cinsmile.en.alibaba.com 4 aliexpress.com/store/2081025 5 aliexpress.com/store/1280317 6 aliexpress.com/store/1981133 7 aliexpress.com/store/2307019 8 ebay.com/usr/ash_6176 9 ebay.com/usr/gui_7492 10 ebay.com/usr/huatonda ‐ technology 11 DISMISSED 12 ebay.com/usr/jiangjc_store 13 ebay.com/usr/kjlgorz2016 14 ebay.com/usr/may_7417 15 DISMISSED 16 DISMISSED 17 ebay.com/usr/shuik2015 18 ebay.com/usr/teresachenlei 19 DISMISSED 20 ebay.com/usr/wangtaifu08008 21 ebay.com/usr/zha9162 22 ebay.com/usr/5_star_choice 23 ebay.com/usr/bestbluepop2012 24 ebay.com/usr/doubletreemall 25 ebay.com/usr/myfamilybasket No. Defendant Domain Name No. Defendant Domain Name
1 ghdflatiron.com 2 kinnetds.com 3 hot ‐ cosmetics.com 4 hairstraighteners.top 5 chiflatironsofficial.com 6 oakleysonnenbrillenkaufen.com 7 babyliss ‐ pro.in.net 8 hearlooe.com 9 babylissflatiron.us.com 10 ibabyliss.top 11 planchae.com 12 planchaa.com 13 artisanshelving.co.uk 14 bursee.us 15 chihairstraightenerofficial.com 16 babylisspascher.com 17 babylisscurl.com 18 babylissit.com 19 superdealssale.com 20 babylisspro.in.net 21 ladsetjockeys ‐ lefilm.fr 22 ictwebring.nl 23 babyliss.in.net 24 floorlogo.nl 25 babyliss ‐ pro.us.com 26 chiflatironofficial.top 27 curlbabyliss.co.uk 28 michaelkorsoutletsale.us.com 29 cabelloo.com 30 bergopbergaf.nl 31 bagssalesshop.com 32 studio ‐ alkyss.fr 33 michaelkorsoutletinc.us.com