John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A

Filing 83

MOTION by Plaintiff John Doe for judgment ; Agreed Motion for Entry of Consent Judgment as to Defendant #555 (Beymer, Brandon)

Case: 1:22-cv-04925 Document #: 83 Filed: 11/17/22 Page 1 of 4 PageID #:2090

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JOHN DOE,
Case No. 22-cv-4925
Plaintiff,
Judge Jorge L. Alonso
v.
Magistrate Judge Gabriel A. Fuentes
THE PARTNERSHIPS AND
UNINCORPORATED ASSOCIATIONS
IDENTIFIED ON SCHEDULE "A",
Defendants.
AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT
Plaintiff and Defendant No. 555 “Shenzhenshi Yizhuanglong Maoyi Youxiangongsi”
(“Defendant”), acting through counsel, hereby agree to and move this Court for Entry of Consent
Judgment attached hereto.

Date: November 17, 2022

/s/Brandon Beymer
Brandon Beymer (ARDC No. 6332454)
Daliah Saper (ARDC No. 6283932)
Saper Law Offices, LLC
505 N. Lasalle, Suite 60654
Chicago, Illinois 60654
[phone]
[e-mail]
[e-mail]

/s/Yong Chen
Yong Chen, Ph.D., Esq.
Liu, Chen and Hoffman LLP
One Penn Plaza, Suite 2508
New York, NY 10119
[e-mail]
Ph: [phone]

Attorneys for Plaintiff

Attorney for Defendant

Case: 1:22-cv-04925 Document #: 83 Filed: 11/17/22 Page 2 of 4 PageID #:2091

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JOHN DOE,
Case No. 22-cv-4925
Plaintiff,
Judge Jorge L. Alonso
v.
Magistrate Judge Gabriel A. Fuentes
THE PARTNERSHIPS AND
UNINCORPORATED ASSOCIATIONS
IDENTIFIED ON SCHEDULE "A",
Defendants.
CONSENT JUDGMENT
This action has been commenced by Uproot Lint, LLC (“Plaintiff”) against Defendant
No. 555 (“Defendant”). Plaintiff and Defendant have resolved all claims arising from the
allegations in the Complaint.
Def. No.
#555

Defendant / Merchant Name
Shenzhenshi Yizhuanglong Maoyi Youxiangongsi

THIS COURT HEREBY FINDS that it has personal jurisdiction over Defendant since
Defendant directly targets their business activities towards consumers in the United States,
including Illinois. Specifically, Defendant has targeted sales to Illinois residents by setting up and
operating an e-commerce store that targets United States consumers using one or more seller
aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars,
and have used infringing and counterfeit versions of the UPROOT CLEAN Trademark
(collectively, the “Unauthorized Uproot Products”) to residents of Illinois. The UPROOT CLEAN
Trademark is included in the below chart.
REGISTRATION
NUMBER
6,812,291

REGISTERED
TRADEMARK
UPROOT CLEAN

INTERNATIONAL
CLASSES
021, 035

Case: 1:22-cv-04925 Document #: 83 Filed: 11/17/22 Page 3 of 4 PageID #:2092

THIS COURT FURTHER FINDS that Defendant is liable for willful federal trademark
infringement and counterfeiting (15 U.S.C. § 1114), false designation of origin (15 U.S.C. §
1125(a)), and violation of the Illinois Uniform Deceptive Trade Practices Act (815 ILCS § 510).
IT IS HEREBY ORDERED that:
1.

Defendant, the officers, agents, servants, employees, attorneys, and all persons acting for,
with, by, through, under or in active concert with it be permanently enjoined and restrained
from:
a. using the UPROOT CLEAN Trademark 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
Uproot Clean product or not authorized by Plaintiff to be sold in connection with
the UPROOT CLEAN Trademark;
b. passing off, inducing, or enabling others to sell or pass off any product as a genuine
Uproot Clean 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 UPROOT CLEAN Trademark;
c. committing any acts calculated to cause consumers to believe that Defendant’s
Unauthorized Uproot Clean Products are those sold under the authorization, control or
supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with
Plaintiff;
d. further infringing the UPROOT CLEAN Trademark; and
e. 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’s, nor authorized by Plaintiff to be sold
or offered for sale, and which bear any of Plaintiff’s trademarks, including the

Case: 1:22-cv-04925 Document #: 83 Filed: 11/17/22 Page 4 of 4 PageID #:2093

UPROOT CLEAN Trademark.
2.

Pursuant to the parties’ settlement agreement, Defendants shall pay Plaintiff four thousand
dollars ($4,000) in damages (the “Damages Amount”).

3.

Walmart Inc. (“Walmart”) is ordered to transfer the Damages Amount from Defendant’s
account to Plaintiff within seven (7) calendar days of receipt of this Order.

4.

Upon Walmart’s transfer of Damages Amount to Plaintiff pursuant to paragraph 3,
Walmart shall remove any restraints that were placed on Defendant’s e-commerce store
and financial account pursuant to the Temporary Restraining Order (Dkt. 20).

5.

This case is dismissed with leave to reinstate within one hundred and eighty (180) days, at
such time, absent a motion to reinstate, shall automatically convert to a dismissal with
prejudice.

6.

Each party shall bear its own attorney's fees and costs.

IT IS SO ORDERED:

Dated:

__________________________________________
Jorge L. Alonso
United States District Judge