Case Information
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SONY INTERACTIVE ENTERTAINMENT LLC,
Case No. 25-cv-01054 Plaintiff, Judge Manish S. Shah v. WEN CHAO ART TRADING FIRM, et al., Defendants.
FINAL JUDGMENT ORDER
This action having been commenced by Plaintiff Sony Interactive Entertainment LLC (“Plaintiff” or “SIE”) against the fully interactive e-commerce stores [1] operating under the seller aliases identified in Schedule A attached hereto (collectively, the “Seller Aliases”), and Plaintiff having moved for entry of Default and Default Judgment against the defendants identified on Schedule A attached hereto with the exception of Defendant Nos. 73, 76, 82, 88, and 91 (collectively, the “Defaulting Defendants”) based on Plaintiff’s action for trademark infringement, counterfeiting, and false designation of origin;
This Court having entered upon a showing by Plaintiff a temporary restraining order and preliminary injunction against Defaulting Defendants which included an asset restraining order; Plaintiff having properly completed service of process on Defaulting Defendants, the combination of providing notice via electronic publication and e-mail, along with any notice that Defaulting Defendants received from payment processors, being notice reasonably calculated under all circumstances to apprise Defaulting Defendants of the pendency of the action and affording them the opportunity to answer and present their objections; and
Defaulting Defendants having failed to answer the Complaint or otherwise plead, and the time for answering the Complaint having expired; THIS COURT HEREBY FINDS, by virtue of their default, that Defaulting Defendants have sold products using infringing and counterfeit versions of the federally registered PlayStation® trademark and other trademarks (collectively, the “PLAYSTATION Trademarks”). A list of PLAYSTATION Trademarks is included in the chart below.
Registration No(s). Trademark 5929333; 6776909 PLAYSTATION 6763918 PS4 6496058 PS5 4498083; 6010231 DUALSHOCK 2431970 DUAL SHOCK 6784229 7171803; 5619630 6770227; 6279642 3036993; 2728079; 3029636; 3482765; 7279163 2024707; 2109353; 6044484; 5667771 6770229; 6082275; 2754313; 2993560 6805555; 2757385 5748316 3064169 GOD OF WAR 3052719; 3468429 GRAN TURISMO 5392159; 4800895; THE LAST OF US 4810333; 4403964 6895984 ASTRO'S PLAYROOM 4791550 BLOODBORNE 6428579 GHOST OF TSUSHIMA 4756623 HELLDIVERS 5396802; 6448762 HORIZON ZERO DAWN 4183157 INFAMOUS 4285981 JAK AND DAXTER 4172195 JOURNEY 3259104 KILLZONE 4841517 RATCHET & CLANK 5453673; 3915492 SACKBOY 3145954 SLY COOPER 3149183 TWISTED METAL 3509850
This Court further finds that Defaulting Defendants are liable for willful federal trademark infringement and counterfeiting (15 U.S.C. § 1114) and false designation of origin (15 U.S.C. § 1125(a)).
IT IS HEREBY ORDERED that Plaintiff’s Motion for Entry of Default and Default Judgment is GRANTED, that Defaulting Defendants are deemed in default 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 or participation with them be permanently enjoined and restrained from: a. using the PLAYSTATION 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 PlayStation® Product or not authorized by Plaintiff to be sold in connection with the PLAYSTATION Trademarks;
b. passing off, inducing, or enabling others to sell or pass off any product as a Genuine PlayStation® Product or any other product produced by Plaintiff, that is not Plaintiff’s or not produced under the authorization, control or supervision of Plaintiff and approved by Plaintiff for sale under the PLAYSTATION Trademarks;
c. committing any acts calculated to cause consumers to believe that Defendants’ products are those sold under the authorization, control or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff; and
d. 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 Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and which bear any of Plaintiff’s trademarks, including the PLAYSTATION Trademarks, or any reproductions, counterfeit copies or colorable imitations thereof.
2. Upon Plaintiff’s request, 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’ Online Marketplaces, including, without limitation, any online marketplace platforms such as Amazon.com, Inc. (“Amazon”) and Walmart, Inc. (“Walmart”) (collectively, the “Third Party Providers”) shall within seven (7) calendar days after receipt of such notice, 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 PLAYSTATION Trademarks.
3. Pursuant to 15 U.S.C. § 1117(c)(2), Plaintiff is awarded statutory damages from each of the Defaulting Defendants in the amount of twenty-five thousand dollars ($25,000) for willful use of counterfeit PLAYSTATION Trademarks in connection with the sale of products through at least the Defaulting Defendants’ Online Marketplaces.
4. Plaintiff may serve this Order on Third Party Providers, including PayPal, Inc. (“PayPal”), Amazon and Walmart, by e-mail delivery to the e-mail addresses Plaintiff used to serve the Temporary Restraining Order on the Third Party Providers.
5. Any Third Party Providers holding funds for Defaulting Defendants, including PayPal, Amazon and Walmart, shall within seven (7) calendar days of receipt of this Order, permanently restrain and enjoin any financial accounts connected to Defaulting Defendants’ Seller Aliases or the Online Marketplaces from transferring or disposing of any funds (up to the statutory damages awarded in Paragraph 3 above) or other of Defaulting Defendants’ assets.
6. All monies (up to the amount of statutory damages awarded in Paragraph 3 above) currently restrained in Defaulting Defendants’ financial accounts, including monies held by Third Party Providers are hereby released to Plaintiff as partial payment of the above- identified damages, and Third Party Providers are ordered to release to Plaintiff the amounts from Defaulting Defendants’ financial accounts within seven (7) calendar days of receipt of this Order.
7. Until Plaintiff has recovered full payment of monies owed to them by any Defaulting Defendant, Plaintiff shall have the ongoing authority to serve this Order on Third Party Providers in the event that any new financial accounts controlled or operated by Defaulting Defendants are identified. Upon receipt of this Order, Third Party Providers shall within seven (7) calendar days: a. locate all accounts and funds connected to Defaulting Defendants’ Seller Aliases and
Online Marketplaces, including, but not limited to, any financial accounts connected to the information listed in Schedule A hereto, the e-mail addresses identified in Exhibits to the Declaration of Jack Schecter, and any e-mail addresses provided for Defaulting Defendants by third parties;
b. restrain and enjoin such accounts or funds from transferring or disposing of any money or other of Defaulting Defendants’ assets; and c. release all monies, up to the above identified statutory damages award, restrained in Defaulting Defendants’ financial accounts to Plaintiff as partial payment of the above- identified damages within seven (7) calendar days of receipt of this Order.
8. In the event that Plaintiff identifies any additional online marketplace accounts or financial accounts owned by Defaulting Defendants, Plaintiff may send notice of any supplemental proceeding to Defaulting Defendants by e-mail at the e-mail addresses identified in Exhibits to the Declaration of Jack Schecter and any e-mail addresses provided for Defaulting Defendants by third parties.
9. The fifty thousand dollar ($50,000) surety bond posted by Plaintiff is hereby released to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Plaintiff or its counsel.
This is a Final Judgment. DATED: April 30, 2025
Manish S. Shah United States District Judge
Sony Interactive Entertainment LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A" - Case No. 25-cv-01054 Schedule A Defendant Online Marketplaces No URL Name / Seller Alias
1 DISMISSED
DISMISSED 2 amazon.com/sp?seller=A22BSQ95DD4BVP Wenhonghong
3 DISMISSED
DISMISSED
4 DISMISSED
DISMISSED 5 amazon.com/sp?seller=A28GZ3U062RO5V XiaMenShiJuHuiFengMaoYiYouXianGongSi 6 amazon.com/sp?seller=A2EWUFPBNCWIXE XiangMengXinXiZiXun 7 amazon.com/sp?seller=AKYVH4Z3ZCI0P xianyoukuzhicaimaoyiyouxiangongsi 8 amazon.com/sp?seller=A3MIZS9QGSX3ZP Xiaodong L 9 amazon.com/sp?seller=ABM0J834NASOP XIAOWEISIGN
10 amazon.com/sp?seller=A2T5GBC2615SZD Xie Huifang 11 amazon.com/sp?seller=ASSFQ5FLLVFKN Xiehongxiang Art 12 amazon.com/sp?seller=A1V74255Y67KT8 xingtaishihaiyunshangmaoyouxiangongsi 13 amazon.com/sp?seller=A35V4G1UW9TOPD xinguiart 14 amazon.com/sp?seller=A8PKX8DXBF4VO XINYUELONG 15 amazon.com/sp?seller=A2GMK26THFRDDC XJAZL 16 amazon.com/sp?seller=A2NRVD9SOCJHF3 Xu happy 17 amazon.com/sp?seller=A2DTZ6VXHE2DIP Xupengepng 18 amazon.com/sp?seller=A3G9GMX58QRDP0 xuxuemei123
19 DISMISSED
DISMISSED
yangjiangshijiangchengqulanguanmaoyishangh 20 amazon.com/sp?seller=A18TIT48T1XNQ0 ang
21 DISMISSED
DISMISSED
22 DISMISSED
DISMISSED
yangzhouhaopaizhuangshijiancaiyouxiangongs 23 amazon.com/sp?seller=A1B2T2LZ03QTB1 i 24 amazon.com/sp?seller=A6U7UQS6G5GVW yanhuijun Shop 25 amazon.com/sp?seller=A2HBYNYA8RLVBB yanp Gaop 26 amazon.com/sp?seller=A2AJM3CTRSVXTS yanxiongZ 27 amazon.com/sp?seller=AUDL1QA4ECDNI yiheng025 28 amazon.com/sp?seller=A2DWZELC94AR05 Yijiansbao 29 amazon.com/sp?seller=A3B60RZ9GIA247 Yinhonghong 30 amazon.com/sp?seller=A2ZYKXTMYZYO82 Yongyong Zhanging
31 DISMISSED
DISMISSED
32 DISMISSED
DISMISSED 33 amazon.com/sp?seller=A1AKDM6J8H4MAU yuanpu us post
34 DISMISSED
DISMISSED 35 amazon.com/sp?seller=AP04TSUKW4P5R yuanwenhds
36 DISMISSED
DISMISSED 37 amazon.com/sp?seller=A341B5622USIXC yuhuayuanshop 38 amazon.com/sp?seller=A19C22I3QQ5VY8 yujinhaihai
39 DISMISSED
DISMISSED 40 amazon.com/sp?seller=AV5WPY9VGX4V8 YzySHOP
41 DISMISSED
DISMISSED 42 amazon.com/sp?seller=A2XBXGO7CHGZU9 ZengWeiStore 43 amazon.com/sp?seller=ATDT9KGTRADTW ZhaliangL 44 amazon.com/sp?seller=A3NOHDZIP5U0DF Zhang Xiang Store 45 amazon.com/sp?seller=A27172W038BJRO Zhangchunqiqi 46 amazon.com/sp?seller=A241KEUNB8ODW9 Zhangjiejie S 47 amazon.com/sp?seller=A1B46IC8YFA611 Zhanglelele 48 amazon.com/sp?seller=ARQ4DJPFMYQU1 zhanglexinbaihuodian 49 amazon.com/sp?seller=A1VPSC6YOSAQW0 Zhangzhengzheng 50 amazon.com/sp?seller=A1HY4ZCTEK5RHR Zhaomingqin
51 DISMISSED
DISMISSED 52 amazon.com/sp?seller=A18DY81V4Y6WAN Zhoaahsihf 53 amazon.com/sp?seller=A1GDADSK3UX5D4 zhoumingtao 54 amazon.com/sp?seller=A2AHNK450OLBII zhushaohuadedian 55 amazon.com/sp?seller=A4Q1S8OSV2BJ9 ZhuXinYuanZhuMuZhiPin
56 DISMISSED
DISMISSED
DISMISSED
57 DISMISSED 58 walmart.com/seller/101670259 Alex Group
59 DISMISSED
DISMISSED 60 walmart.com/seller/101585535 ChenDongLie 61 walmart.com/seller/102501152 Choice Chamber
62 DISMISSED
DISMISSED 63 walmart.com/seller/101614187 DingAnQuanZhenRuiWangLuoKeJi
64 DISMISSED
DISMISSED 65 walmart.com/seller/101632379 Easypurchase
66 DISMISSED
DISMISSED 67 walmart.com/seller/102488095 guangzhoushuxipashangmao 68 walmart.com/seller/101652904 hefumensh 69 walmart.com/seller/102514753 hezechunshanmengdianzishangmao
70 DISMISSED
DISMISSED 71 walmart.com/seller/101650751 HouYuLongWireless 72 walmart.com/seller/101648058 huangcan
73 EXCEPTED
EXCEPTED 74 walmart.com/seller/101672748 jinanzhuanhongxinnengyuankeji 75 walmart.com/seller/102570896 langyejudianzi
76 EXCEPTED
EXCEPTED 77 walmart.com/seller/102520590 LiuLiuMaoYi 78 walmart.com/seller/101503039 LIYUNJING
79 DISMISSED
DISMISSED 80 walmart.com/seller/102508793 minuoshangmao 81 walmart.com/seller/102502594 NITA
82 SUBJECT TO MOTION [50]
SUBJECT TO MOTION [50]
83 DISMISSED
DISMISSED 84 walmart.com/seller/101637493 shenzhenshijinruiqishangmaoyouxiangongsi 85 walmart.com/seller/101631489 SHUANGCAI STORE 86 walmart.com/seller/101136203 tssuoun 87 walmart.com/seller/101651855 WeiweiCameras
88 SUBJECT TO MOTION [57]
SUBJECT TO MOTION [57] 89 walmart.com/seller/102507594 WenHan 90 walmart.com/seller/101663415 WEOIURWEIOP
91 SUBJECT TO MOTION [50]
SUBJECT TO MOTION [50] 92 walmart.com/seller/101680904 XIANFENG GROUP 93 walmart.com/seller/101636067 xiaoshushu 94 walmart.com/seller/101193217 Yiwu Xingfei Trading 95 walmart.com/seller/102511818 zhuzhoushirongduishishangmao
NOTES
[1] The e-commerce store URLs are listed on Schedule A hereto under the Online Marketplaces.