Petition for Writ of Certiorari — HANWJH, Petitioner v. NBA Properties, Inc., et al.

Supreme Court briefNov 14, 2022

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APPENDIX

TABLE OF CONTENTS

Appendix A Opinion in the United States Court of

Appeals For the Seventh Circuit

(August 16, 2022) ....................... App. 1

Appendix B Final Judgment Order in the United

States District Court for the Northern

District of Illinois (September 20,

2021) ......................................... App. 27

Appendix C Order Granting Motion for Default

Judgment in the United States

District Court for the Northern

District of Illinois (September 20,

2021) ....................................... App. 123

Appendix D Order Denying Motion to Dismiss in

the United States District Court for

the Northern District of Illinois(July

15, 2021) ................................. App. 127

Appendix E Minute Entry Order Denying Motion

to Dismiss and to Lift the Preliminary

Injunction in the United States

District Court for the Northern

District of Illinois(July 15, 2021)..

................................................ App. 141

App. 1

_______________

APPENDIX A

_______________

In the

United States Court of Appeals

For the Seventh Circuit

No. 21-2909

NBA PROPERTIES, INCORPORATED, et al.,

Plaintiffs-Appellees,

HANWJH,

Defendant-Appellant.

Appeal from the United States District Court for the

Northern District of Illinois, Eastern Division.

No. 1:20-cv-07543 — John F. Kness, Judge.

ARGUED APRIL 7, 2022

DECIDED AUGUST 16, 2022

App. 2

Before RIPPLE and SCUDDER, Circuit Judges.*

RIPPLE, Circuit Judge. The plaintiffs in the

underlying litigation are professional or collegiate

sports associations who own, or license, trademarks

related to their respective sports. The plaintiffs filed

this action under the Lanham Act, 15 U.S.C. §

1051, et seq., against a list of defendants listed in

Schedule A of the complaint. In the complaint, NBA

Proper- ties, Inc. alleged that HANWJH, a Chinabased online retailer, infringed NBA Properties’

trademarks by selling counterfeit products in its

online stores. After the deadline to answer expired,

HANWJH moved to dismiss the complaint for lack of

personal jurisdiction. The district court denied the

motion and entered a default under Federal Rule of

Civil Procedure 55(a). The district court instructed

the parties to file any objections to the motion for

default judgment. After the deadline expired without

objection, the district court entered a final judgment.

HANWJH timely appealed. For the reasons set forth

in this opinion, we affirm the judgment of the district

court.

* Circuit Judge Kanne died on June 16, 2022, and did not

participate in the decision of this case, which is being resolved

under 28 U.S.C. § 46(d) by a quorum of the panel.

App. 3

NBA Properties is the owner and exclusive

licensee of the trademarks of the National Basketball

Association (“NBA”) and NBA teams. HANWJH sells

products allegedly infringing on the NBA trademarks

via Amazon.com. NBA Proper- ties filed an affidavit

from its investigator asserting that HANWJH sold

205 infringing products, available for purchase in

Illinois, on its Amazon site. HANWJH offered fortyone different basketball shorts in five different size

options.

On September 16, 2020, an investigator for NBA

Properties accessed HANWJH’s online Amazon store

and purchased a pair of shorts. In placing the order,

the investigator designated an address in Illinois as

the delivery destination. The sale went through, and

the product was delivered to the Illinois address on

October 6, 2020. NBA Properties has not alleged any

other contacts between HANWJH and Illinois other

than the single sale to its investigator and the

accessibility of HANWJH’s online store from Illinois.

In an affidavit filed in the district court, HANWJH

maintained that it had never sold any other product

to any consumer in Illinois nor had it any “offices,

employees,” “real or personal property,” “bank accounts,” or any other commercial dealings with

Illinois. 1

1 R.56-1 ¶ 6–17.

App. 4

NBA Properties filed its complaint on December

18, 2020, consisting of two counts: 1) trademark

infringement and counterfeiting, in violation of 15

U.S.C. § 1114; 2) false designation of origin, in

violation of 15 U.S.C. § 1125(a). The com- plaint

alleges that the “Defendants create e-commerce

stores operating under one or more Seller Aliases

that are advertising, offering for sale and selling

Counterfeit Products to un-knowing consumers.” 2

Count I alleges that “Defendants have sold, offered to

sell, marketed, distributed and advertised, and are

still selling, offering to sell, marketing, distributing

and advertising products using counterfeit or

infringing re- productions of one or more of Plaintiffs’

Trademarks without Plaintiffs’ permission or

consent.” 3 Count II alleges that “[b]y using one or

more of Plaintiffs’ Trademarks on the Counter- feit

Products, Defendants create a false designation of

origin and a misleading representation of fact as to

the origin and sponsorship of the Counterfeit

Products.” 4

NBA Properties sought and received a temporary

restraining order and preliminary injunction,

including a temporary asset restraint on HANWJH’s

bank account. It then moved for a default under Rule

55(a), positing that, despite having been served,

HANWJH had not answered or otherwise defended

the suit. Moreover, it added that a default judgment

2 R.1 ¶ 4.

3 Id. ¶ 80.

4 Id. ¶ 87.

App. 5

was proper under Rule 55(b)(2) because, although

more than twenty-one days had passed since service

upon HANWJH, see Rule 12(a)(1)(A)(i), HANWJH

had not filed an answer or responsive pleading.

HANWJH next moved to dismiss and to lift the

injunction, arguing that the court lacked personal

jurisdiction over it be- cause it did not expressly aim

any conduct at Illinois. It con- tended that it lacked

any connections with Illinois other than the “sham”

transaction initiated by NBA Properties. 5 First, it

argued that operating a website alone is not enough

to establish that it has expressly aimed its

commercial activity at Illinois. Second, it submitted

that a single transaction initiated by the plaintiff

cannot constitute a sufficient basis for jurisdiction.

Third, it reasoned that, even if exercising jurisdiction

over it were otherwise appropriate, doing so would

offend the traditional notions of fair play and

substantial justice be- cause Illinois had very little

interest in resolving the matter, the burden on

HANWJH for defending the litigation in Illinois

would be great, and Illinois courts provided no “efficiencies in resolving this matter.” 6

The district court denied HANWJH’s motion to

dismiss and simultaneously entered a default. In its

memorandum opinion, the district court set forth a

three-part standard for analyzing specific personal

jurisdiction:

5 R.56 at 1.

6 Id. at 8.

App. 6

First, the defendant must have “minimum contacts with the forum state.” To determine

whether the defendant has such contacts, the

court must ask whether “the defendant should

reasonably anticipate being haled into court in

the forum State, because the defendant has

purposefully availed itself of the privilege of

con- ducting activities there.” Second, the

plaintiff’s claims must “arise out of” the

defendant’s contacts with the forum. Third,

and finally, maintenance of the suit must not

“offend traditional notions of fair play and

substantial justice.” 7

The court concluded that these requirements were

met as to HANWJH.

The district court acknowledged that “specific

personal jurisdiction over an online retailer is not

established merely be- cause the retailer’s website is

available in the forum” but rather it is necessary that

the retailer “‘st[and] ready and willing to do business

with’ residents of the forum and then ‘knowingly

do … business with’ those residents.” 8 This test was

satisfied, in the district court’s view, by the fact that

HANWJH “admit[ted] that it both offered to ship and

in fact shipped products to Illinois.” 9 Relying on our

opinions in Curry v. Revolution Laboratories, LLC,

949 F.3d 385 (7th Cir. 2020) and Illinois v. Hemi

Group LLC, 622 F.3d 754 (7th Cir. 2010), the

district court observed that “minimum contacts [can

7 R.58 at 4 (citations omitted).

8 Id. at 4–5 (quoting Illinois v. Hemi Grp. LLC, 622 F.3d 754,

758 (7th Cir. 2010)).

9 Id. at 5.

App. 7

be] formed even though a defendant ‘s[old] its

products only online through its website and thirdparty websites’” in situations where the defendant

“(1) included the forum in the ‘ship-to’ options from

which the customer had to choose; (2) sent a customer

an email confirming a shipping address in the forum;

and (3) shipped product to an address in the forum.” 10

The district court did not view the lack of a

confirmation email as dispositive and held that

jurisdiction was proper over HANWJH.

The district court then rejected HANWJH’s

arguments that be2 LLC v. Ivanov, 642 F.3d 555 (7th

Cir. 2011) and Advanced Tactical Ordnance Systems,

LLC v. Real Action Paintball, Inc., 751 F.3d 796 (7th

Cir. 2014), required the action to be dis- missed for

lack of personal jurisdiction. The district court

determined

these

cases

materially

distinguishable because neither involved sales of

infringing products to the forum state. The district

court also rejected HANWJH’s contention that our

opinion in Hemi, 622 F.3d 754, should not apply.

HANWJH had urged that “because the transactions

in Illinois in this case were exclusively the product of

‘entrapment and enticement’ by Plaintiffs, Hemi

should not apply.” 11 The district court disagreed.

Hemi’s reasoning is on point. In that case, the

defendant had a website that offered Illinois as

a “ship-to” forum and in fact shipped products

to Illinois. As this Court sees things, Hemi did

10 Id. (second alteration in original) (quoting Curry v. Revolution

Lab’ys, LLC, 949 F.3d 385, 399 (7th Cir. 2020)).

11 Id. at 7 (quoting R.56 at 6).

App. 8

not impose any bar to evidence generated from

a plaintiff’s pretextual purchase of an

infringing product; and Defendant does not

offer any authority establishing such a rule. In

the absence of contrary authority, the Court

finds that Plain- tiffs’ reasons for purchasing

the allegedly in- fringing material provided by

products is not relevant to the personal

jurisdiction analysis. 12

Finally, the district court also rejected

HANWJH’s contention that “exercising personal

jurisdiction would ‘offend traditional notions of fair

play and substantial justice.’” 13 It explained that

HANWJH had offered no support for this argument.

It added that it was hardly unfair to subject

HANWJH to jurisdiction because HANWJH “willingly

shipped an allegedly infringing product to this

forum.” 14

Following the entry of the default, the district

court ordered that any objections to the motion for

default judgment be filed no later than July 26, 2021.

On July 26, HANWJH ap- pealed the denial of the

motion to dismiss. After we ordered supplemental

briefing on the issue of appellate jurisdiction,

HANWJH voluntarily dismissed its appeal. Because

HANWJH did not object to the motion for default

judgment, the district court then entered a final

judgment on September 20, 2021. HANWJH timely

appealed that order.

12 Id. (citing Hemi, 622 F.3d at 758).

13 Id. (quoting R.56 at 8).

14 Id. at 8.

App. 9

We review a district court’s determination of

personal jurisdiction de novo. See Curry, 949 F.3d at

392. We “take the plaintiff’s asserted facts as true

and resolve any factual disputes in its favor.” uBID,

Inc. v. GoDaddy Grp., Inc., 623 F.3d 421, 423–24 (7th

Cir. 2010). When a defendant challenges personal

jurisdiction under Federal Rule of Civil Procedure

12(b)(2), however, “the plaintiff bears the burden of

demonstrating the existence of jurisdiction.” Purdue

Rsch. Found. v. Sanofi-Synthelabo, S.A., 338 F.3d

773, 782 (7th Cir. 2003). “Where, as here, the district

court ruled on the defendant’s motion to dismiss

‘without the benefit of an evidentiary hearing, the

plaintiff bears only the burden of making a prima facie case for personal jurisdiction.’” Curry, 949 F.3d at

392–93 (quoting uBID, Inc., 623 F.3d at 423). The

district court may consider affidavits on the issue of

personal jurisdiction; both parties’ affidavits are

accepted as true, and where they conflict, the plaintiff

is entitled to resolution in its favor. Id. at 393.

App.10

We now turn to the issue of specific personal

jurisdiction. “In a case involving federal question

jurisdiction, ‘a federal court has personal jurisdiction

over the defendant if either federal law or the law of

the state in which the court sits authorizes service of

process to that defendant.’” Id. (quoting Mobile

Anesthesiologists Chi., LLC v. Anesthesia Assocs. of

Hous. Metroplex, P.A., 623 F.3d 440, 443 (7th Cir.

2010)). “Because the Lanham Act does not have a

special federal rule for personal jurisdiction, … we

look to the law of the forum for the governing rule.”

Advanced Tactical, 751 F.3d at 800; see also Fed. R.

Civ. P. 4(k)(1). The Illinois long-arm statute provides

that “[a] court may also exercise jurisdiction on any

other basis now or hereafter permitted by the Illinois

Constitution and the Constitution of the United

States.” 735 ILCS 5/2-209(c). 15

“The Due Process Clause protects an individual’s

liberty interest in not being subject to the binding

judgments of a forum with which he has established

no meaningful ‘contacts, ties, or relations.’” Burger

King Corp. v. Rudzewicz, 471 U.S. 462, 471–72 (1985)

15 We have been unable to identify any difference between the

state and federal standards. See Matlin v. Spin Master Corp.,

921 F.3d 701, 705 (7th Cir. 2019). We have no reason to disturb

this settled consensus; in cases where “neither party … urges

that the Illinois due process analysis differs, we only consider the

requirements of federal due process.” Id.; see also Rios v. Bayer

Corp., 178 N.E.3d 1088, 1094 (Ill. 2020) (same); Russell v.

SNFA, 987 N.E.2d 778, 784–86 (Ill. 2013) (detailing the

development of the doc- trine).

App.11

(quoting Int’l Shoe Co. v. Washington, 326 U.S. 310,

319 (1945)). To be subject to specific personal

jurisdiction in a forum state, the defendant must

have “purposefully directed” its activities to the forum

state, and the litigation must relate to those

activities. Id. at 472 (quoting Keeton v. Hustler Mag.,

Inc., 465 U.S. 770, 774 (1984)).

Over the years, the Supreme Court has refined

the doctrine of personal jurisdiction as the

practicalities of commercial activity have changed in

response to technological developments. Initially, the

“long-standing territorial-based juris- diction test”

held that an “adjudicating court’s jurisdiction over

persons is established only when the persons have

some territorial presence, actual or constructive, in

the forum.” Curry, 949 F.3d at 393–94 (citing

Pennoyer v. Neff, 95 U.S. 714 (1877)). The “advent of

automobiles,” along with “the realities of interstate

corporate activities,” “required … moderation of the

territorial limits on jurisdictional power.” Shaffer v.

Heitner, 433 U.S. 186, 202 (1977). That moderation

came in International Shoe, in which the Court

emphasized the modern requirement that a

defendant “have certain minimum contacts with [the

forum] such that the maintenance of the suit does not

offend ‘traditional notions of fair play and substantial

jus- tice.’” 326 U.S. at 316 (quoting Milliken v. Meyer,

311 U.S. 457, 463 (1940)).

In the decades following International Shoe, the

Court peri- odically provided further elucidation of

the “minimum contacts” criterion and the

cornerstone standard of “traditional notions of fair

play and substantial justice.” As we noted in Curry,

App.12

the Supreme Court has confirmed that these more recent cases were not intended to alter the basic

approach to specific personal jurisdiction but to refine

our understanding, and application, of it. 949 F.3d at

396. We previously have examined in some depth

that jurisprudential journey in Curry, id. at 395–98,

and need not walk every step of that road again. It is

sufficient that we stress the resulting guideposts of

that journey as they pertain to the case before us.

First, in examining “minimum contacts,” we must

focus on the defendant’s own contacts with the state,

not the plaintiff’s. Walden v. Fiore, 571 U.S. 277, 284

(2014). The defendant’s contacts must be with the

forum state, not just with individuals within the

state. See id. at 285. The defendant’s contacts with

the state must demonstrate that the defendant

purposively availed it- self of the laws of that

jurisdiction by availing itself of the privilege of doing

business in the state or by purposively directing

activities at the state. See Lexington Ins. Co. v. Hotai

Ins. Co., 938 F.3d 874, 878 (7th Cir. 2019). 16

This focus on the contacts among the defendant,

the forum, and the litigation “protects the defendant

against the burdens of litigating in a distant or

inconvenient forum.” World-Wide Volkswagen Corp.

16 Most recently, in Ford Motor Co. v. Montana Eighth Judicial

District Court, the Supreme Court considered Ford’s contention

that jurisdiction over it in Montana was improper where Ford’s

contacts with the forum did not directly cause the harm. 141 S.

Ct. 1017, 1023 (2021). The Supreme Court rejected this narrow

view. “[S]pecific jurisdiction attaches in cases identi- cal to the

ones here—when a company like Ford serves a market for a

product in the forum State and the product malfunctions there.”

Id. at 1027.

App.13

v. Woodson, 444 U.S. 286, 292 (1980). Achievement of

this goal is the primary purpose of the analysis. It is

not, however, the exclusive consideration that a court

may consider. A court may also give some weight to

the “forum State’s interest in adjudicating the

dispute,” “the plaintiff’s interest in securing

convenient and effective relief,” and the shared

interest of the interstate system in obtaining an efficient and effective relief that promotes shared social

policies. Id. But, again, we must remember that the

“minimum contacts” analysis is aimed principally at

protecting “the liberty of the nonresident defendant—

not the convenience of plain- tiffs … and the forum

state.” Walden, 571 U.S. at 284.

We have applied these principles to online

retailers. In uBID, Inc., 623 F.3d at 424, 428, we

reversed a dismissal for want of personal jurisdiction

where defendant GoDaddy (the operator of the

website of the same name) directed an advertising

campaign at the entire Nation, including at the

forum state, and generated significant revenue from

forum customers. Relying on the Supreme Court’s

decision in Keeton, 465 U.S. 770, we held that

“GoDaddy has thoroughly, deliberately, and

successfully exploited the Illinois market” through its

use of sales and advertisements to Illinois (among the

other forty-nine states). uBID, Inc., 623 F.3d at 427.

Go- Daddy contended “that its sales to Illinois

residents are auto- mated transactions unilaterally

initiated by those residents,” but we disagreed. Id. at

428. We explained that

App.14

GoDaddy tells us that its customers enter into

most transactions without any human action

on GoDaddy’s end. But of course the customers

who buy domain names from GoDaddy are not

simply typing their credit card numbers into a

web form and hoping they get something in return. GoDaddy itself set the system up this

way. It cannot now point to its hundreds of

thou- sands of customers in Illinois and tell us,

“It was all their idea.”

Id.

Then in Hemi, 622 F.3d 754, we affirmed the

district court’s holding that Internet sales to the

forum were sufficient to establish personal

jurisdiction over an out-of-state online cigarette

retailer, Hemi. Hemi sold discount cigarettes through

many websites. It indicated on its websites that it

would sell cigarettes to any state in the Republic,

save New York (due to ongoing litigation in that

state). Id. at 755–56. Over the course of a three yearlong investigation by the Illinois Department of

Revenue, a single special senior agent purchased

over 300 packs of cigarettes from Hemi and had them

shipped to Illinois. Id. at 755. The only connections

alleged between Hemi and Illinois were these sales.

We held that Hemi’s “contacts with Illinois were

sufficient to satisfy due process.” Id. at 757. This

holding was rooted in two key facts. First, “Hemi expressly elected to do business with the residents of

forty-nine states. … Hemi stood ready and willing to

do business with Illinois residents.” Id. at 758.

Second, “the fact that Hemi excluded New York

residents from its customer pool shows … that Hemi

App.15

knew that conducting business with res- idents of a

particular state could subject it to jurisdiction there.”

Id.

We also have held jurisdiction proper where a

defendant’s website offered the forum state as a

“ship-to” option, the defendant sent a follow-up email

confirming orders and ship- ping addresses, and the

defendant sold and shipped products to over 700

residents in the forum. Curry, 949 F.3d at 399. These

contacts were sufficient, we explained, because

“[t]here is no per se requirement that the defendant

especially target the forum in its business activity; it

is sufficient that the defendant reasonably could

foresee that its product would be sold in the forum.”

Id. If the defendant exploits the forum market, it is

subject to the jurisdiction of the forum. Id. In Curry

we explained that allowing customers to order products from a website to the forum, and then carrying

out that order, can form the basis of personal

jurisdiction. Id. at 399– 400.

In Matlin v. Spin Master Corp., 921 F.3d 701 (7th

Cir. 2019), however, we encountered a case that,

when all circumstances were considered, exceeded

established constitutional limitations on personal

jurisdiction. 17 In that case, two inventors sued their

former company in Illinois (and its assignee) for

royalties from their products. Id. at 703–04. The

defendants moved to dismiss under Rule 12(b)(2). In

response, the inventors’ “counsel submitted an online

purchase receipt from [the defendants]’ website and a

17 For Matlin’s application to the case at hand, see infra pp. 18–

19.

App.16

declaration stating that he purchased and received a

single patented product in Illinois.” Id. at 704. We

distinguished Hemi and found jurisdiction lacking for

three key reasons:

The first is the scale of contact with Illinois. …

[This case involved] a single incident conjured

up by the plaintiffs’ attorney for the exclusive

purpose of establishing personal jurisdiction

over the defendants.

…

Second, the relationship between the defendants’ conduct and the State differs

significantly.

…

[T]he plaintiffs bring claims with an attenuated relationship to Illinois and any sales that

occurred there. In other words, this case is not

“a suit arising out of or related to the defendant[s’] contacts with the forum.” … [T]his is

not the type of case where the defendants sold

and shipped a defective product into Illinois

that in- jured residents there.

…

[Third, the plaintiffs] attempted to salvage

personal jurisdiction—after the defendants

moved to dismiss—by luring them into

shipping a product into Illinois. Because

App.17

specific personal jurisdiction derives from the

plaintiffs’ relevant contacts with the forum, we

cannot allow plain- tiffs to base jurisdiction on

a contact that did not exist at the time they

filed suit.

Id. at 706–07 (third alteration and emphasis in

original) (quot- ing Helicopteros Nacionales de

Colombia, S.A. v. Hall, 466 U.S. 408, 414 n.8 (1984)).

III

Having set forth the relevant legal background,

we now apply these principles to the case before us.

Again, these requirements are:

First, the defendant’s contacts with the forum

state must show that it purposefully availed itself of the privilege of conducting business in

the forum state or purposefully directed its activities at the state. Second, the plaintiff’s alleged injury must have arisen out of the defendant’s forum-related activities. And finally, any

exercise of personal jurisdiction must comport

with traditional notions of fair play and substantial justice.

Curry, 949 F.3d at 398 (cleaned up) (quoting

Lexington Ins., 938 F.3d at 878). As a reminder, our

focus is on the contacts that the defendant itself

created with the forum state; the defendant cannot

be “haled into a jurisdiction solely as a result of

random, fortuitous, or attenuated contacts, or of the

unilateral activity of another party or a third

App.18

person.” Burger King, 471 U.S. at 475 (cleaned up).

A. Purposeful Direction

First, we must analyze HANWJH’s activity to

determine whether it purposefully directed conduct

at Illinois. HANWJH has no physical presence in

Illinois. “Our cases make clear, however, that

physical presence is not necessary for a defendant to

have sufficient minimum contacts with a forum

state.” Curry, 949 F.3d at 398. As in Curry, we again

find Hemi particularly instructive. Recall that in

Hemi, a single agent of the plaintiff purchased over

300 packs of illegal cigarettes from the defendant

cigarette retailer. 622 F.3d at 755. The sales to the

plaintiff’s agents supported a finding of personal

jurisdiction because the retailer both maintained

commercial websites from which one could order

goods to Illinois and because it then “knowingly did

do business with Illinois residents.” Id. at 757–58; see

also Curry, 949 F.3d at 399 (citing approvingly the

same).

Curry and Hemi make clear that this case does

not require us to break new ground. In Curry, the

defendant’s actions could be fairly “described as

purposeful[ly]” directed where it “created an

interactive website and explicitly provided that

Illinois residents could purchase its products through

that website,” “arranged for the sale of its products

through third- party websites,” “sent written

confirmation to the Illinois customers acknowledging

their sale and including their Illinois shipping

address,” and then, “shipped [the product] to its

App.19

customers who were in Illinois.” 949 F.3d at 399.

We see the same purposeful direction here.

HANWJH’s actions certainly can be characterized as

purposeful. It established an online store, using a

third-party retailer, Ama- zon.com. Through this

online store, it unequivocally asserted a willingness

to ship goods to Illinois and established the ca- pacity

to do so. When an order was placed, it filled the

order, intentionally shipping an infringing product to

the customer’s designated Illinois address.

HANWJH nevertheless argues that NBA

Properties has manufactured jurisdiction by having

its agent purchase the infringing product. Such an

assertion simply cannot be squared with Hemi. In

making this argument, HANWJH over- looks that, in

assessing purposeful direction, what matters is its

structuring of its own activities so as to target the

Illinois market. NBA Properties’ motivations in

purchasing the allegedly illegal item are in no way

relevant to an assessment of whether HANWJH has

established sufficient contacts to sell its products to

Illinois residents.

HANWJH also urges a bright-line rule that a

single trans- action cannot be sufficient to establish

jurisdiction. This argument is crucial to its case

because the sole difference between this case and

Hemi is volume. In Hemi, plaintiff’s agent purchased over 300 packs of cigarettes; here we have a

single or- der. Such a categorical rule would be

unsound, and such a practice has been discouraged

by the Supreme Court. See Burger King, 471 U.S. at

485–86; see also Chloé v. Queen Bee of Beverly Hills,

App.20

LLC, 616 F.3d 158 (2d Cir. 2010) (holding that jurisdiction was proper over a defendant who offered

handbags for sale and sold a single allegedly

infringing bag to the forum).

By drawing a rigid numerical line as HANWJH

suggests, we would succumb to the trap that the

Supreme Court has warned explicitly that we must

avoid. “[T]alismanic jurisdictional formulas” are not

an acceptable instrument in the toolbox of a court

assessing personal jurisdiction. Burger King, 471 U.S.

at 485. The question is not whether the plaintiff purchased enough goods to subject the defendant to

personal jurisdiction. The focus is whether HANWJH

purposefully directed its conduct at Illinois. Cf. id. at

485–86 (“‘[T]he facts of each case must [always] be

weighed’

determining

whether

personal

jurisdiction would comport with ‘fair play and substantial justice.’” (second alteration in original)

(quoting Kulko v. California Superior Ct., 436 U.S.

84, 92 (1978))).

Matlin hardly establishes a categorical rule that

multiple online sales, as opposed to a single online

sale, are required to establish a sufficient basis for

personal jurisdiction. In Matlin, personal jurisdiction

was improper because the sale was un- related to the

litigation and occurred after the case was filed. As we

note below, in addition to being purposefully directed

at the forum state, the relevant contacts must also be

related to the litigation. It is true that Matlin found

Hemi inapplicable to its situation in part because

Matlin involved only a single sale. But the sale was

not related to the underlying royalties dispute in the

slightest. We explained that “this is not the type of

App.21

case where the defendants sold and shipped a

defective product into Illinois that injured residents

there.” Matlin, 921 F.3d at 707. We also explained

that “even if we accepted that a single online sale

provided a sufficient link to the royalty dispute, …

the plaintiff-initiated contact arose after the

plaintiffs filed suit—solely to lure the defendants into

Illinois to establish personal jurisdiction over them.”

Id. Here, unlike Matlin, we are faced with a situation

where an infringing product was shipped to Illinois,

in advance of the litigation, and the listing for sale

and shipping of that product caused a likelihood of

confusion for the people of Illinois. The defend- ants

in Matlin could not have foreseen that they would be

haled into court in Illinois until after the case was

filed; HANWJH knew it could be subject to the

jurisdiction of Illinois when it shipped a counterfeit

product to the forum.

Finally, describing HANWJH’s act of filling NBA

Proper- ties’ order as the unilateral act of the

plaintiff is a mischaracterization. Here, HANWJH

shipped a product to the forum only after it had

structured its sales activity in such a manner as to

invite orders from Illinois and developed the capacity

to fill them. It cannot now point to its “customers in

Illinois and tell us, ‘It was all their idea.’” uBID, Inc.,

623 F.3d at 428.

B. Relatedness

“The proper exercise of specific jurisdiction also

requires that the defendant’s minimum contacts with

the forum state be ‘suit-related.’” Curry, 949 F.3d at

400 (emphasis in original) (quoting Advanced

App.22

Tactical, 751 F.3d at 801); see also Ford Motor Co. v.

Montana Eighth Jud. Dist. Ct., 141 S. Ct. 1017, 1026

(2021) (explaining that the suit must “arise out of or

relate to the defendant’s contacts with the forum”

(emphasis in original) (quoting Bristol-Myers Squibb

Co. v. Superior Ct. of California, 137 S. Ct. 1773,

1780 (2017))). This requirement is met when direct

sales from the defendant in the forum state involve

the infringing product. Curry, 949 F.3d at 401–02.

HANWJH does not contend in its briefing that this

litigation is unrelated to its activity in Illinois. This

omission is well-advised. The Lanham Act provides

that “[t]he holder of a registered mark ... has a civil

action against anyone employing an imitation of it in

commerce when ‘such use is likely to cause confusion,

or to cause mistake, or to deceive.’” Sport- Fuel, Inc.

v. PepsiCo, Inc., 932 F.3d 589, 595 (7th Cir. 2019)

(quoting KP Permanent Make-Up, Inc. v. Lasting

Impression I, Inc., 543 U.S. 111, 117 (2004)); see also

15 U.S.C. § 1114(1)(a). “Additionally, the Act provides

trademark-holders a cause of action against those

who make a false designation of origin for a mark.”

SportFuel, Inc., 932 F.3d at 595; see also 15 U.S.C.

§ 1125(a). NBA Properties need not show actual

confusion to establish violations of these provisions,

only likelihood of confusion. Web Printing Controls

Co. v. Oxy-Dry Corp., 906 F.2d 1202, 1204 (7th Cir.

1990).

HANWJH’s listing of its product on Amazon.com

and its sale of the product to counsel are certainly

related sufficiently to the harm of likelihood of

confusion. 18 A vendor violates the Lanham Act when

18 We note that the Fifth Circuit has taken the opposite view,

App.23

albeit in a nonprecedential disposition. Getagadget, LLC v. Jet

Creations Inc., No. 19- 51019, 2022 WL 964204 (5th Cir. Mar.

30, 2022) (per curiam). In that case, the court declined to decide

whether two sales to the plaintiff’s counsel in the forum were

sufficient to establish jurisdiction over the Lanham Act action.

Id. at *4. Instead, the court determined that jurisdiction was

im- proper because the litigation was not related to the sale. In

its view, be- cause the “‘gravamen for any action of trademark

infringement or common law unfair competition is whether the

challenged mark is likely to cause confusion[,]’ … Getagadget

cannot reasonably argue that any consumer confusion arose out

of Jet’s selling and shipping the infringing product to

Getagadget’s counsel.” Id. (emphasis removed) (quoting Marathon Mfg. Co. v. Enerlite Prod. Corp., 767 F.2d 214, 217 (5th

Cir. 1985)).

We first note that the Supreme Court has rejected such a direct

causal inquiry in the “arising out of or related to” analysis, and

the latter part of this requirement permits us to look to whether

the suit and contacts are related. See Ford Motor Co., 141 S. Ct.

at 1026–27. Ford expressly rejected the narrow contention that

“the needed link [between the contacts and the litigation] must

be causal in nature.” Id. at 1026 (rejecting Ford’s view that

“[j]urisdiction attaches ‘only if the defendant’s forum conduct

gave rise to the plaintiff’s claims’” (emphasis in original)).

Instead, due process re- quires only that the “‘relationship

among the defendant, the forum[s], and the litigation’—is close

enough to support specific jurisdiction.” Id. at 1032 (alteration in

original) (quoting Walden v. Fiore, 571 U.S. 277, 284 (2014)).

That is to say, we ensure that the conduct and the litigation are

related. See id. at 1031. Getagadget does not come to grips with

this aspect of Ford.

Second, we disagree with this interpretation of the Lanham Act.

The Lanham Act requires the plaintiff to show “a likelihood of

confusion,” a question of fact in which “actual confusion” is but a

single nondispositive part. Bd. of Supervisors for Louisiana State

Univ. Agric. & Mech. Coll. v. Smack Apparel Co., 550 F.3d 465,

478 (5th Cir. 2008); see also Web Printing Controls Co. v. OxyDry Corp., 906 F.2d 1202, 1204 (7th Cir. 1990) (“[T]he elements

necessary to establish a violation of section 43(a) of the Lanham

App.24

it lists for sale infringing products. It does not matter

that counsel for NBA Properties purchased the goods,

as actual confusion is not necessary. The likelihood of

confusion, the basis for the suit, is sufficiently related

to HANWJH’s act of selling the infringing product to

Illinois, the basis for personal jurisdiction, that due

process is not of- fended. See Curry, 949 F.3d at 401–

02.

C. Traditional Notions of Fair Play &

Substantial Justice

We now examine whether subjecting HANWJH to

juris- diction in Illinois offends our traditional

notions of fair play and substantial justice. Once

purposeful minimum contacts are established, we

Act do not include any involving actual injury or actual

confusion.” (emphasis in original)). Moreover, there need not be

an actual sale to demonstrate trademark infringement; merely

listing for sale a product that is likely to cause confusion

violates the Lanham Act. See Elvis Presley Enters., Inc. v.

Capece, 141 F.3d 188, 204 (5th Cir. 1998) (“Infringement can be

based upon confusion that creates initial consumer interest, even

though no actual sale is finally completed as a result of the

confusion.” (quoting 3 J. Thomas McCarthy, McCarthy on

Trademarks and Unfair Competition § 23:6 (4th ed. 1997)); see

also 4 J. Thomas McCarthy, McCarthy on Trademarks and

Unfair Competition § 23:12 (5th ed. 2022) (“[W]here allegedly

infringing sales have been minimal to date, to require any proof

of actual confusion would un- fairly penalize the trademark

owner for acting promptly to ‘protect its trademark rights before

serious damage has occurred.’” (quoting Lois Sportswear,

U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 875 (2d Cir.

1986))). With the understanding that the plaintiff need not

make a showing of actual confusion to prove a violation of the

Lanham Act, here, the sale to NBA Properties’ investigator is

sufficiently related to the likelihood of confusion.

App.25

look at other factors to determine whether asserting

jurisdiction would comport with fair play and substantial justice. Burger King, 471 U.S. at 476. Thus,

courts may evaluate:

The burden on the defendant, the forum

State’s interest in adjudicating the dispute, the

plain- tiff’s interest in obtaining convenient

and effective relief, the interstate judicial

system’s interest in obtaining the most

efficient resolution of the underlying dispute,

and the shared interest of the several States in

furthering fundamental substantive social

policies.

Hemi, 622 F.3d at 759 (cleaned up) (quoting Purdue

Rsch. Found., 338 F.3d at 781). “[W]here a defendant

who purpose- fully has directed his activities at forum

residents seeks to de- feat jurisdiction, he must

present a compelling case that the presence of some

other considerations would render jurisdiction

unreasonable.” Burger King, 471 U.S. at 477.

HANWJH reminds us that it is a foreign party

with only one documented sale to the forum state. It

also notes that the NBA has its principal places of

business “in New York, Georgia, and California,” and

argues that “Illinois’ interest in utilizing its judicial

resources to adjudicate [this] dispute[] be-tween two

out-of-state parties is weak.” 19

In Curry, we held that there was no unfairness in

making a seller defend a suit in a state where it

19 Appellant’s Br. 7.

App.26

structured its business to “easily serve the state’s

consumers.” 949 F.3d at 402. “There is no unfairness

in requiring a defendant to defend a lawsuit in the

courts of the state where, through the very activity

giving rise to the suit, it continues to gain so much.”

Id. (cleaned up) (quoting uBID, Inc., 623 F.3d at 433).

NBA Properties may have its principal places of

business elsewhere, but it nevertheless has an

interest in ensuring that its trademark is protected

against confusion in the Illinois market. Illinois no

doubt has an interest in protecting its consumers

from purchasing fraudulent merchandise. Finally,

HANWJH alleges no unusual burden in defending

the suit in Illinois.

CONCLUSION

HANWJH availed itself of the Illinois market in

offering and shipping a product to the forum. Because

of this purposeful direction, and because these

contacts are related to the suit, it is subject to

jurisdiction in Illinois. We affirm the judgment of the

district court.

AFFIRMED

App.27

______________

APPENDIX B

_______________

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

[Filed September 20, 2021]

NBA PROPERTIES, INC., MLB ADVANCED

MEDIA, L.P., MAJOR LEAGUE BASEBALL

PROPERTIES, INC., NHL ENTERPRISES, L.P.,

NFL PROPERTIES LLC, COLLEGIATE

LICENSING COMPANY, LLC, and THE

REGENTS OF THE UNIVERSITY OF

CALIFORNIA,

Plaintiffs,

THE PARTNERSHIPS and UNINCORPORATED

ASSOCIATIONS IDENTIFIED ON SCHEDULE

“A,”

Defendants.

No. 20-cv-07543

Judge John F. Kness

App.28

FINAL JUDGMENT ORDER

IT IS HEREBY ORDERED THAT judgment is

entered in favor of NBA Properties, Inc. (“NBAP”),

MLB Advanced Media, L.P. (“MLBAM”), Major

League Baseball Properties, Inc. (“MLBP”), NHL

Enterprises, L.P. (“NHLE”), NFL Properties LLC

(“NFLP”), Collegiate Licensing Company, LLC,

formerly IMG College Licensing, LLC (“CLC”), and

The Regents of The University of California

(“Regents of UC”) (collectively, “Plaintiffs”) and

against all Defendants identified in the attached

Schedule A who have not otherwise been dismissed

from this action (the “Defaulting Defendants”).

THIS COURT FINDS that Defaulting

Defendants have sold products using infringing and

counterfeit versions of Plaintiffs’ federally registered

trademarks (“Plaintiffs’ Trademarks”) to residents of

Illinois. A list of Plaintiffs’ Trademarks is included in

the chart below.

egistrat Trademar Goods and Services

ion

Numbe

For: clothing, namely, hosiery,

footwear, sweat shirts,

1,833,90

NBA

sweatpants, pants, tank tops,

jerseys, shorts, pajamas, sport

shirts, rugby shirts, belts, ties,

nightshirts, hats, warm-up

suits, jackets, parkas, coats,

cloth bibs, head bands and wrist

App.29

bands in class 025.

For: clothing, namely, hosiery,

footwear, t-shirts, sweat shirts,

2,183,98 NATION sweatpants, pants, tank tops,

jerseys, shorts, pajamas, sport

BASKETB shirts, rugby shirts, sweaters,

ALL

belts, ties, nightshirts, hats,

ASSOCIA warm-up suits, jackets, parkas,

TION

coats, cloth bibs, head bands,

wrist bands, aprons, boxer

shorts, slacks, caps, ear muffs

and gloves in class 025.

App.30

1,525,78

2,157,03

1,715,54

1,966,92

For: hosiery, footwear, t-shirts,

sweat

shirts, tank

tops,hosiery,

For: clothing,

namely,

pajamas,

footwear,sport

sweatshirts,

shirts,belts,

nightshirts,

stocking

caps,

sweatpants, pants, tank

tops,

warm-up

jogging

suits,

jersey, shorts, pajamas, sport

jackets,

bibs, head

bands

and

shirts, rugby

shirts,

sweaters,

wrist

in class 025.warm-up

belts,bands

ties, nightshirts,

suits, parkas, coats, cloth bibs,

For:

services,

headentertainment

bands and wrist

bands in

namely,

organizing

and

class 025.

conducting basketball

exhibitions in class 041.

For: jewelry; namely, wrist

watches, pins, earrings,

necklaces, rings, cuff links and

belt buckles in class 014.

For: clothing, namely hosiery,

footwear, t-shirts, sweat shirts,

sweatpants, pants, tank tops,

jerseys, shorts, pajamas, sport

shirts, rugby shirts, sweaters,

belts, ties, nightshirts, hats,

warm-up suits, jackets, parkas,

coats, cloth bibs, head bands,

wrist bands, aprons, boxer

shorts, slacks, caps, ear muffs,

and gloves in class 025.

App.31

2,079,49

5,237,76

For: clothing, namely,

hosiery, footwear, sweat

shirts, sweatpants, pants,

tank tops, jerseys, shorts,

pajamas, sport shirts, rugby

shirts, sweaters, belts, ties,

nightshirts, warm-up suits,

parkas, coats, cloth bibs,

head bands and wrist bands

in class 025.

For: Jewelry; costume

jewelry; beaded jewelry;

rubber or silicon wristbands

in the nature of a bracelet,

beaded necklaces; beads for

use in the manufacture of

jewelry; earrings, necklaces,

rings, bracelets, cuff links,

pendants, charms for collar

jewelry and bracelets; clocks;

watches; watch bands and

watch straps, watch cases,

watch fobs; jewelry boxes, tie

clips; medallions; nonmonetary coins of precious

metal; precious metals; key

chains of precious metal; key

chains as jewelry; figures

and figurines of precious

metal; trophies of precious

metals in class 014.

App.32

1,620,02AJOR

For: clothing, namely, shirts,

LEAGUE

shorts, dresses, socks,

BASEBALL underwear, jackets,

sweaters, pants, visors, caps,

bibs, infantwear, namely,

baby shorts sets, romper

sets, baby pants, coveralls;

outerwear, namely, uniforms

and pullovers, ties, robes

and loungewear,

sweatshirts, knitted

headwear, hosiery,

wristbands, robes,

robes and

andshoes

shoes

in class 025.

2,779,95

MLB

For: clothing, namely, caps,

hats, visors, knitted

headwear, headbands,

shirts, t-shirts, tank tops,

sweaters, turtlenecks,

pullovers, vests, shorts,

pants, dresses, baseball

uniforms, jerseys,

sweatshirts, sweatpants,

underwear, boxer shorts,

sleepwear, jackets, cloth

bibs, infantwear, rompers,

coveralls, creepers, baby

booties, ties, wristbands,

scarves, socks, hosiery in

class 025.

App.33

2,569,9

2,573,5

For: jewelry, namely,

bracelets, charms, earrings,

rings, necklaces, pendants,

watches, costume jewelry,

medallions, lapel pins, tie

clips, tie fasteners, cuff links,

belt buckles of precious

metal, money clips of

precious metal, clocks, nonmonetary coins of precious

metal in class 014.

For: clothing, namely, caps,

hats, visors, knitted

headwear, shirts, t-shirts,

tank tops, sweaters,

turtlenecks, pullovers, vests,

shorts, baseball uniforms,

jerseys, warm-up suits,

sweatshirts, sweatpants,

underwear, boxer shorts,

robes, sleepwear, jackets,

cloth bibs, infantwear, infant

diaper covers, cloth diaper

sets with undershirt and

diaper cover, rompers,

coveralls, creepers, baby

booties, ties, belts,

wristbands, scarves,

footwear, socks, slippers,

aprons in class 025.

App.34

3,410,5 WORLD

85 SERIES

5,510,9

For: Jewelry, namely,

bracelets, earrings, pendants,

watches, costume jewelry,

rubber or silicone bracelets

and wristbands in the nature

of bracelets, medallions,

ornamental metal pins, lapel

pins, cuff links, money clips

of precious metal, metal key

chains of precious metal,

metal key rings of precious

metal, clocks, wall clocks, and

non-monetary coins of

precious metal in class 014.

For: Clothing, namely,

headwear, shirts,

sweatshirts, jackets, infant

wear in class 025.

App.35

5,511,00

For: trophies of common

metal in class 006.

5,511,00

For: trophies of precious

metal; ornamental pins; lapel

pins; rings; bracelets; charms

for jewelry; non-monetary

coins; clocks; key chains; key

rings in class 014.

1,962,13

NHL

For: clothing, namely, shirts,

jerseys, sweaters, jackets,

sweatshirts, t-shirts, pants,

sweatpants, warm-up suits,

wristbands, headbands,

shorts, caps, hats, socks,

nightshirts, scarves, mittens

and cloth bibs in class 025.

App.36

2,422,90 STANLEY For: clothing, namely, caps,

CUP

cloth bibs, hats, jackets,

jerseys, shirts, shorts,

sweaters, sweatpants,

sweatshirts, t-shirts, ties,

vests and warm-up suits in

class 025.

4,631,18

NHL

For: items made of precious

and non-precious metals,

namely, commemorative

coins, and medals; trophies

and key chains made of

precious metals; jewelry,

charms, earrings, medallions,

rings, necklaces, tie tacks,

pins in the nature of jewelry;

chronometric instruments in

the nature of docks and

clocks in class 014.

STANLEY

4,767,41

CUP

For: precious metal trophies

in class 014.

App. 37

1,678,61

For: clothing and footwear;

namely, jerseys, sweaters,

jackets, sweatshirts, t-shirts,

sweatpants, shirts, caps, hats

in class 025.

3,248,49

For: clothing, namely,

bandannas, beach cover- ups,

belts, body suits, boxer shorts,

caps, cloth bibs, coats, dresses,

footwear, ear muffs, gloves,

hats, headbands, hosiery,

housecoats, jackets, jerseys,

leggings, leotards, mittens,

nightshirts, pajamas, pants,

rain coats, rain wear, robes,

scarves, shirts, shorts, skirts,

socks, suits, sun visors,

suspenders, sweaters,

sweatpants, sweatshirts,

swimsuits, swim trunks, tshirts, ties, toques, underwear,

vests, warm-up suits and

wristbands in class 025.

For: items made of precious

and non-precious metals,

namely, commemorative coins,

and medals; trophies and key

chains made of precious

metals; jewelry, charms,

earrings, medallions, rings,

necklaces, tie tacks, pins in the

nature of jewelry; chronometric

instruments in the nature of

5,165,35

App. 38

docks and clocks in class 014.

2,395,41

For: clothing, namely, caps,

cloth bibs, hats, jackets,

jerseys, shirts, shorts,

sweaters, sweatpants,

sweatshirts, t-shirts, ties, vests

and warm-up suits in class

025.

4,677,42

For: Items made of precious

and non-precious metals,

namely, commemorative coins,

and medals; key chains made

of precious metals; jewelry,

charms, earrings, medallions,

rings, necklaces, tie tacks, pins

in the nature of jewelry;

chronometric instruments in

the nature of docks and clocks

in class 014.

1,076,13

ONAL

For: promoting the interests of

FOOTBAL member football clubs,

L LEAGUE scheduling games, and

promoting interest in football

in class 041.

App. 39

2,919,27

NFL

For: toys and sporting goods,

namely, plush toys, stuffed

animals, play figures, golf balls,

golf bags, golf clubs, golf club

covers, bowling balls, bowling

bags, footballs, toy banks, hand

held unit for playing electronic

games; hand held unit for playing

video games; board games

relating to football, checker sets,

chess sets, dominoes, Christmas

tree ornaments, balloons, jigsaw

puzzles, windsocks, kites, toy

trucks, football shoulder pads,

elbow, hand and knee pads, all

for athletic use; billiard game

playing equipment, exercise

equipment, namely, chest

protectors for sports, dart boards

and dart board cases, volleyball

equipment, namely, volleyballs

fishing equipment, namely,

fishing lures and fishing rods,

handle grips for sporting

equipment, athletic equipment,

namely, personal floor mats,

mouth guards, athletic sports

wraps and athletic tape, snow

sleds for recreation use, swim

boards for recreation use, toy

vehicles, toy model train sets, yoyos in class 028.

App.40

3,394, NFL For: Football helmets, cell phone

343

covers, magnetic coded charge cards,

decorative magnets, prerecorded DVDs

featuring the sport of football,

computer game software and disks,

computer mouse pads, sunglasses in

class 009.

For: Jewelry, pins, bracelets, charms,

rings, collectible coins, commemorative

coins, coins of precious metal, pendants

and key chains made of precious metal

in class 014.

For: Posters, calendars, trading cards,

series of books relating to football,

notepads, stickers, printed tickets to

sports games and events; note paper,

pictorial prints, picture postcards, art

pictures, paper gift bags, paper

decorations;

collectible

cards;

collectible card and memorabilia

holders; souvenir programs for sports

events in class 016.

For: Men's, women's and children's

clothing, namely, fleece tops and

bottoms, headwear, caps, knit hats, tshirts, shirts, turtlenecks, sweatshirts,

shorts, tank tops, pants, jackets, golf

shirts, knit shirts, jerseys, gloves, ties,

cloth bibs; night shirts and pajamas;

underwear, socks; towels in class 025.

App.41

For:

Television

broadcasting

services; television transmission

services;

cable

television

broadcasting; radio broadcasting;

broadcasting programming on the

Internet; information transmission

via

electronic

communications

networks;

transmission

information

through

video

communication

systems;

communication services, namely,

audio and video broadcasting;

broadcasting services and provision

of telecommunication access to

video and audio content provided

via a video on demand; streaming

of audio material on the Internet;

streaming of video material and

podcasts on the Internet; electronic

delivery of images and photos via a

global

computer

network;

providing multiple-user access to a

global

computer

information

network for the purpose of

participating in interactive polling

in the field of football; wireless

communications services, namely,

transmission of text, graphics,

data,

and

entertainment

information to mobile phones;

mobile media and entertainment

services in the nature of electronic

App.42

transmission of entertainment

media content in class 038.

For: Education and entertainment

services

the

nature

professional football games and

exhibitions; providing sports and

entertainment information via a

global computer network or a

commercial

on-line

computer

service or by cable, satellite,

television and radio; arranging and

conducting athletic competitions,

namely,

professional

football

games and exhibitions; football fan

club

services;

entertainment

services, namely, musical and

dance

performances

provided

during intervals at sports events;

educational

services,

namely,

physical

education

programs;

production of radio and television

programs; live shows featuring

football

games,

exhibitions,

competitions, and musical and

dance performances; sporting and

cultural activities; distribution of

television programming to cable

and satellite television systems;

distribution of television programs

for others in class 041.

App.43

3,581,28

For: Football helmets, cell

phone covers, magnetic coded

charge cards, decorative

magnets, prerecorded

compact discs, and DVDs

featuring the sport of

football, computer game

software and disks, computer

mouse pads, sunglasses,

eyeglass cases, and CD

storage cases in class 009.

For: Jewelry, clocks, pins,

bracelets, necklaces, charms,

rings, collectible coins,

commemorative coins, nonmonetary coins of precious

metal, pendants and key

chains made of precious

metal in class 014.

For: Posters, calendars,

trading cards, a series of

books in the field of football,

magazines in the field of

football, notepads, stickers,

bumper stickers, and

greeting cards; printed

tickets to sports games and

events; note paper, pictorial

prints, picture postcards, art

pictures, stationery,

stationery-type portfolios,

wrapping paper, paper table

cloths, paper napkins, paper

App.44

gift bags, paper party

decorations; printed

collectible cards; collectible

card and memorabilia

holders; souvenir programs

for sports events in class 016.

For: Towels in class 024.

For: Clothing, namely, fleece

tops and bottoms, headwear,

caps, knit hats, t-shirts,

shirts, turtlenecks,

sweatshirts, shorts, tank

tops, sweaters, pants, jackets,

golf shirts, knit shirts,

jerseys, wristbands, warm up

suits, gloves, ties, cloth bibs;

sleepwear, namely,

bathrobes, and pajamas;

underwear, socks; footwear;

sneakers in class 025.

For: Toys and sporting goods,

namely, plush toys, stuffed

animals, play figures, golf

balls, golf bags, golf club

covers, footballs, toy banks,

board games relating to

football, playing cards,

Christmas tree ornaments,

balloons, jigsaw puzzles, toy,

toy cars and trucks, billiard

balls, dart boards, playing

cards, miniature helmets in

App.45

class 028.

For: Association services,

namely, promoting the

interests of professional

football clubs; promoting

App.46

the interests of member

football clubs; scheduling

games for member teams;

promoting public interest in

football; association services,

namely, providing a forum for

member football clubs to

showcase, display,

demonstrate and promote

ideas, products, and services

in connection with football;

promotion of sporting and

cultural activities in class

035.

For Education and

entertainment services in the

nature of professional football

games and exhibitions;

providing sports and

entertainment information

via a global computer

network or a commercial online computer service, or by

cable, satellite, television or

radio; arranging and

conducting athletic

competitions, namely,

professional football games

and exhibitions; football fan

club services, namely,

personal appearances by a

costumed mascot for

professional football teams;

App.47

entertainment services,

namely, live musical and

dance performances provided

during intervals at sports

events; educational services,

namely, conducting physical

education programs;

production of radio and

television programs;

presentation of live shows

featuring football games,

exhibitions, competitions,

and musical and dance

performances; organization of

sporting and cultural

activities; entertainment

services, namely, an on-going

series featuring football

provided through cable

television, satellite television,

and television and radio

broadcasts in class 041.

App.48

3,286,4

For: Luggage, shoulder bags,

beach bags, duffle bags, all

purpose sports bags, sports

equipment bags, school bags,

tote bags, knapsacks,

rucksacks, wallets,

umbrellas, waist packs,

leather key fobs, luggage tags

in class 018.

For: Textile goods, namely,

cloth flags, curtains, quilts,

towels, sheets, pillowcases,

comforters, blankets, pillow

shams, textile fabric for the

manufacture of clothing, oven

mitts, shower curtains, pot

holders, textile wall

hangings, fabric throws in

class 024.

App.49

For: Marketing services,

namely, promoting the goods

and services of others by

arranging for sponsors to

affiliate their goods and

services with various football

personalities and/or the sport

of football; dissemination of

advertising for others via an

on-line electronic

communications network;

promoting the sale of credit

card accounts through the

administration of incentive

award programs; direct mail

advertising for others in class

035.

For: Handbags, luggage,

shoulder bags, beach bags,

duffle bags, clutch bags, all

purpose sport bags, bags for

sports, school bags, tote bags,

knapsacks, wallets, travel

bags, backpacks, umbrellas

and luggage tags in class 018.

3,661,46

2,954,42

SUPER

BOWL

For: men's, women's and

children's clothing, namely,

fleece tops and bottoms, caps,

headwear, T-shirts,

sweatshirts, shorts, tank tops,

sweaters, pants, jackets,

turtlenecks, golf shirts, knit

shirts, jerseys, wind resistant

App.50

jackets, cloth bibs, sleepwear,

namely, night shirts and

pajamas, knit hats and caps,

and scarves in class 025.

3,138,59

SUPER

BOWL

For: Football helmets, cell

phone covers, decorative

magnets, prerecorded DVDs

all featuring the sport of

football, computer mouse pads

in class 009.

For: Jewelry, watches, clocks,

pins, earrings, necklaces,

bracelets, belt buckles made

primarily of precious metals,

charms, money clips made

primarily of precious metals,

rings, collectible coins,

commemorative coins in class

014.

For: Posters, trading cards,

series of books relating to

football, magazines relating to

football, notepads, stickers,

bumper stickers, printed

tickets to sports games and

events; pens note paper,

pictorial prints, art pictures,

paper table cloths, paper

party invitations, paper

decorations, collectible cards;

App.51

collectible card and

memorabilia holders, souvenir

programs for sports events in

class 016.

App.52

2,941,34

3,138,58

For: Toys and sporting

goods, namely, plush toys,

stuffed animals, play

figures, golf balls, footballs,

Christmas tree ornaments,

balloons, jigsaw puzzles,

miniature helmets in class

028.

For: men's, women's and

children's clothing, namely,

fleece tops, caps, headwear,

T-shirts, sweatshirts,

jackets, jerseys, wind

resistant jackets, knit hats

and caps in class 025.

For:

Football

helmets,

decorative magnets, and

DVDs featuring the sport of

football, computer game

software in class 009.

For: Jewelry, pins,

collectible coins,

commemorative coins in

class 014.

For: trading cards, series of

books relating to football,

collectible cards; collectible

card and memorabilia

holders, souvenir programs

for sports events in class

016.

App.53

For: footballs, Christmas

tree ornaments in class 028.

1,891,31 THE

For: business consultation in

COLLEGIAT the field of trademark

licensing management,

LICENSING market development in the

COMPANY field of trademark licensing

programs and

administration of trademark

licensing for others in class

035.

1,891,31

CLC

For: business consultation in

the field of trademark

licensing management,

market development in the

field of trademark licensing

programs and

administration of trademark

licensing for others in class

035.

App.54

3,163,11 COLLEGE For: clothing, namely,

VAULT

sweatshirts, sweatpants,

shirts, T-shirts, sweaters,

hats, caps, jackets, coats,

uniforms, jerseys,

undergarments, scarves,

ties, visors, shorts, rainwear,

and gloves in class 025.

1,578,03

For: licensing services in the

field of collegiate products

and promotions for colleges,

universities and post-season

bowls in class 035.

2,071,50

For: licensing services in the

field of collegiate products

and promotions for colleges,

universities and post-season

bowls in class 035.

App.55

3,221,0

For: video game discs, and

video

game

software,

decorative magnets, computer

mouse pads, neon signs,

sunglasses in class 009.

For: jewelry including

watches, clocks, charms,

pendants, earrings, cuff links,

powder compacts of precious

metal, lapel pins, tie tacks and

bars, medals, and

commemorative coins in class

014.

For: paper and paper

products, namely, spiral

notebooks, pens, pencils,

greeting cards, postcards,

prints, letter openers, decals,

bumper stickers, calendars,

paper napkins, note pads,

checkbook covers, bank

checks, bookmarks, loose leaf

binders, stationery-type

portfolios, desk sets, book

covers, bookends, trading

cards, pen and pencil cases,

paper weights, posters, and

stickers in class 016.

For: luggage, namely, athletic

bags, attache cases,

backpacks, barrel bags, book

App.56

bags, duffel bags, tote bags,

garment bags for travel,

wallets, billfolds, purses,

briefcase-type portfolios, key

cases, business and credit

card cases, change purses,

umbrellas, patio umbrellas,

animal leashes and collars for

pets in class 018.

App.57

For: furniture and plastics,

namely, mirrors, picture frames,

pillows, plaques, and wind chimes

in class 020.

For: house wares and household

goods, namely, non-metal piggy

banks, wicker baskets, beer mugs,

portable beverage coolers,

drinking glasses, bottle openers,

lunch boxes, soap dishes, ice

buckets, coasters not of paper and

not being table linen, coffee cups,

plates, commemorative plates,

paper plates, cookie jars, bowls,

shot glasses, fitted picnic baskets,

stained glass decorations, statues

made of china, crystal, glass, or

porcelain, and plastic cups in class

021.

For: textiles, namely, textile

fabrics for home and commercial

interiors, curtains, cloth pennants,

cloth flags, bed blankets, throw

blankets, bed sheets, pillow cases,

bed spreads, pot holders, kitchen

towels, oven mitts, bath towels,

and washcloths in class 024.

For: apparel, namely, t-shirts, polo

shirts, rugby tops, jerseys,

turtlenecks, infant one piece

outfits, pajamas, boxer shorts,

nightshirts, tank tops, shorts,

App.58

pants, jeans, socks, ties, scarves,

shoes, slippers, sandals,

nightgowns, sweatpants,

sweatshirts, wristbands, head

bands, hats, caps, visors, aprons,

blazers, vests, jackets, raincoats,

ponchos, leather coats, wind

resistant jackets, warm up suits,

athletic uniforms, bandanas,

suspenders, cloth bibs, booties,

bathing trunks, bikinis, gloves,

mittens, bathing suits, bathing

caps, and belts in class 025.

For: games and playthings,

namely, stuffed toy animals,

stuffed toys, balloons, board

games, flying discs, dolls, toy

vehicles, plush toys, toy banks,

playing cards, bean bags,

basketballs, footballs, miniature

basketball hoop and backboard,

golf balls, golf clubs, golf putters,

golf club covers, golf tees, golf

gloves, basketball backboard, yoyos, ornaments for the Christmas

tree, snow globes in class 028.

App.59

1,185,87

For: Clothing-Namely, PullOver Sweaters, Shirts, TShirts, Sweatshirts, Jerseys,

Pants, Shorts, Bathing

Suits, Underwear, Lingerie,

Dresses, Nighties, Tank

Tops, Hats, Caps, Visors,

Jackets, Mittens, Scarves,

Socks, and Ties in Class 025

UCLA

For: Clothing-Namely, PullOver Sweaters, Shirts, TShirts, Sweatshirts, Jerseys,

Pants, Shorts, Bathing

Suits, Underwear, Lingerie,

Dresses, Nighties, Tank

Tops, Hats, Caps, Visors,

Jackets, Mittens, Scarves,

Socks and Ties in Class 025

App.60

1,245,74

UCLA

For: Key rings and chains

not of precious metal in

Class 006

For: Rings, watches, clocks

in Class 014

For: Pencils, post cards,

decals, book ends, pencil

holders, note holders,

writing paper, binders,

notebooks, paper portfolios,

playing cards, photo albums

in Class 016

For: Luggage, umbrellas,

back packs in class 018

For: Cushions, mirrors,

decorative wall plaques,

stools in Class 020

For: Mugs, glasses, plates,

brushes, cups in Class 021

For: Blankets, towels,

pennants, textile banners in

Class 024

For: Tennis racquet covers,

footballs, basketballs,

stuffed toy animals,

bandelore spinning tops in

Class 028

App.61

1,904,07

UCLA

BRUINS

For: Metal key chains, metal

license plate frames in Class

006

For: Magnets in Class 009

For: Clocks, and cloisonne

lapel pins, in Class 014 For:

Decals, note paper holders in

Class 016

For: Mugs, portable coolers,

water bottles sold empty,

water bottle insulators, and

beverage glassware in Class

021

For: Pennants not of paper

and towels in Class 024

For: T-shirts, shorts, tank

tops, sweat shirts, polo

shirts, rain ponchos, and

infantwear in Class 025

For: Basketballs, basketball

backboards, golf club bags,

golf club head covers, and

baby toys, namely stuffed

toy animals in Class 028

App.62

1,885,99

For: Posters, pencils, pens,

note pad holders, stickers and

bumper stickers for Class 016

For: All purpose athletic bags,

and umbrellas in Class 018

For: Seat cushions, mirrors,

non-metal key chains in Class

020

For: Cork screws, snack bowls,

beverage glassware and mugs

in Class 021

For: Towels in Class 024

For: Clothing, namely, socks,

jackets, caps, scarves, and Tshirts in Class 025

1,882,55

UCLA

For: Basketballs, stuffed toy

animals, playground balls

made of foam rubber in Class

028

For: Educational services,

namely providing courses of

instruction at the college and

graduate levels, and

entertainment services in the

nature of live performances in

dance, theater and music and

baseball, basketball, crew,

cross country, football, golf,

App.63

gymnastics, soccer, softball,

swimming and diving, tennis,

track and field, volleyball and

water polo games and

competitions in Class 041

1,890,99 UNIVERSI For: Rings being jewelry in

TY OF

Class 014

CALIFORN

IA LOS

For: Bumper stickers and note

ANGELES pads in Class 016

For: Cups, mugs, and water

bottles sold empty in Class

021

For: Clothing; namely,

sweatshirts, T-shirts and tank

tops in Class 025

For: Educational services,

namely providing courses of

instruction at the college and

graduate levels, and

entertainment services in the

nature of live performances in

dance, theater and music and

baseball, basketball, crew,

cross country, football, golf,

gymnastic, soccer, softball,

swimming and diving, tennis,

track and field, volleyball and

water polo games and

competitions in Class 041

App.64

2,323,32

UCLA

For: Retail store services,

namely, clothing, shoes,

groceries, sundries, computers,

stationary, art supplies and

books; [ mail order catalog and

computerized online ordering

services featuring ] clothing,

shoes, groceries, computers,

stationary, art supplies,

jewelry, umbrellas, chairs,

towels, pillows, banners,

license plate frames, picture

frames, drinking glasses, paper

weights, letter openers,

pencils, notebooks, folders,

office supplies, calculators, golf

bags, golf club covers,

magazines, newspapers,

computer software, soft drinks,

water, over-the-counter

medicines and [ film;]

forecasting business trends

services; and art gallery

services in Class 035

For: Hospital, medical clinic,

medical laboratory, blood bank,

medical counseling, [ cryogenic

preservation ], emergency

medical assistance, medical

research, medical testing, and

nursing care services;

providing health care

information, providing medical

information; pharmaceutical

App.65

services; counseling in the field

of substance abuse and

addiction; rehabilitation of

alcohol and drug addicted

patients; nutritional and diet

counseling; physical

rehabilitation, fitness

consultations, physical therapy

services; ophthalmological,

optical laboratory and

optometry services; medical

record retention services;

cosmetic and plastic surgery

services; speech and hearing

therapy services; obstetrics,

gynecological, reproductive

services; psychiatric and

psychological services;

App.66

4,628,81

UCLA

dental services; research,

laboratory, consultation and

testing services in the field of

medical, dental, optical, and

engineering; consultation and

research in the fields of

aerospace, engineering,

geology, chemistry, and

archeology; catering and

restaurant services; career

counseling services; feasibility

studies services in Class 042

For: Backpacks, book bags,

sports bags, bum bags,

handbags, carry-all bags,

traveling bags; wallets;

parasols; pet clothing; leashes

for animals, collars for

animals in Class 018

For: Curtains; table linens,

household linens; wall

hangings of textile; duvets;

cloth flags; pillow covers;

shower curtains

For: Clothing, namely,

blouses, sweaters, jeans,

vests, skirts, dresses,

bathrobes; footwear;

headwear; gloves; muffs; belts;

infantwear; underclothes;

sleepwear; swimwear in Class

025

App.67

Accordingly, 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

Plaintiffs’

Trademarks

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 Plaintiffs’

genuine product or not authorized by Plaintiffs to be

sold in connection with Plaintiffs’ Trademarks;

b. passing off, inducing, or enabling others to sell

or pass off any product as Plaintiffs’ genuine product

or any other product produced by Plaintiffs, that is

not Plaintiffs’ or not produced under the

authorization, control or supervision of Plaintiffs and

approved by Plaintiffs for sale under Plaintiffs’

Trademarks;

c. committing any acts calculated to cause

consumers to believe that Defaulting Defendants’

products are those sold under the authorization,

control or supervision of Plaintiffs, or are sponsored

by, approved by, or otherwise connected with

Plaintiffs;

d. further infringing Plaintiffs’ Trademarks and

damaging Plaintiffs’ goodwill; 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

App.68

by or for Plaintiffs, nor authorized by Plaintiffs to be

sold or offered for sale, and which bear any of

Plaintiffs’ trademarks, including the Plaintiffs’

Trademarks, or any reproductions, counterfeit copies

or colorable imitations thereof.

2. The domain name registries for the Domain

Names, including, but not limited to, VeriSign, Inc.,

Neustar, Inc., Afilias Limited, CentralNic, Nominet,

and the Public Interest Registry, within ten (10)

business days of receipt of this Order, shall, at

Plaintiffs’ choosing:

a. transfer the Domain Names to Plaintiffs’

control, including unlocking and changing the

registrar of record for the Domain Names to a

registrar of Plaintiffs’ selection; or

b. disable the Domain Names and make them

inactive and untransferable.

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 ten (10) business days of

receipt of this Order, shall take any steps necessary

to transfer the Domain Names to a registrar account

of Plaintiffs’ selection.

4. Upon Plaintiffs’ 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

App.69

Defendants’ Online Marketplaces and Domain

Names including, without limitation, any online

marketplace platforms such as eBay Inc. (“eBay”),

AliExpress, Alibaba Group Holding Ltd. (“Alibaba”),

Amazon.com, Inc. (“Amazon”), ContextLogic Inc.

d/b/a

Wish.com

(“Wish.com”),

and

Dhgate,

(collectively, the “Third Party Providers”) shall,

within ten (10) business days of 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 Plaintiffs’

Trademarks.

5. Under 15 U.S.C. § 1117(c)(2), Plaintiffs are

awarded statutory damages from each of the

Defaulting Defendants in the amount of one hundred

thousand dollars ($100,000) for willful use of

counterfeit Plaintiffs’ Trademarks on products sold

through at least the Seller Aliases. The one hundred

thousand dollar ($100,000) award shall apply to each

distinct Defaulting Defendant only once, even if they

are listed under multiple different aliases in the

Complaint and Schedule A.

6. Plaintiffs may serve this Order on Third Party

Providers, including PayPal, Inc. (“PayPal”), Alipay,

Alibaba, Ant Financial Services Group (“Ant

Financial”), Wish.com, and Amazon Pay, by e-mail

delivery to the e-mail addresses Plaintiffs used to

serve the Temporary Restraining Order on the Third

Party Providers.

7. Any Third Party Providers holding funds for

Defaulting Defendants, including PayPal, Alipay,

Alibaba, Ant Financial, Wish.com, and Amazon Pay,

shall, within ten (10) business days of receipt of this

Order, permanently restrain and enjoin any financial

App.70

accounts connected to Defaulting Defendants’ Seller

Aliases, Online Marketplaces and Domain Names

from transferring or disposing of any funds, up to the

above identified statutory damages award, or other of

Defaulting Defendants’ assets.

8. All monies, up to the above identified statutory

damages award, in Defaulting Defendants’ financial

accounts, including monies held by Third Party

Providers such as PayPal, Alipay, Alibaba, Ant

Financial, Wish.com, and Amazon Pay, are hereby

released to Plaintiffs as partial payment of the aboveidentified damages, and Third Party Providers,

including PayPal, Alipay, Alibaba, Ant Financial,

Wish.com, and Amazon Pay, are ordered to release to

Plaintiffs the amounts from Defaulting Defendants’

financial accounts within ten (10) business days of

receipt of this Order.

9. Until Plaintiffs have recovered full payment of

monies owed to them by any Defaulting Defendant,

Plaintiffs shall have the ongoing authority to serve

this Order on Third Party Providers, including

PayPal, Alipay, Alibaba, Ant Financial, Wish.com,

and Amazon Pay, in the event that any new financial

accounts controlled or operated by Defaulting

Defendants are identified. Upon receipt of this Order,

Third Party Providers, including PayPal, Alipay,

Alibaba, Ant Financial, Wish.com, and Amazon Pay,

shall, within ten (10) business days:

a. locate all accounts and funds connected to

Defaulting Defendants’ Seller Aliases, Online

Marketplaces, and Domain Names, including, but not

limited to, any financial accounts connected to the

information listed in Schedule A hereto, the e-mail

addresses identified in Exhibits 1 and 2 to the

Declaration of Lindsay Conn, and any e-mail

App.71

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 Plaintiffs as partial

payment of the above-identified damages within ten

(10) business days of receipt of this Order.

10. If Plaintiffs identify any additional online

marketplace accounts, domain names or financial

accounts owned by Defaulting Defendants, Plaintiffs

may send notice of any supplemental proceeding to

Defaulting Defendants by e-mail at the e-mail

addresses identified in Exhibits 1 and 2 to the

Declaration of Lindsay Conn and any e-mail

addresses provided for Defaulting Defendants by

third parties.

11. The ten thousand dollar ($10,000) cash bond

posted by Plaintiffs, including any interest minus the

registry fee, is hereby released to Plaintiffs or their

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 Plaintiffs or

their counsel by check made out to the Greer Burns &

Crain IOLTA account.

This is a Final Judgment in No 20-cv-07543.

DATED: September 20, 2021

John F. Kness

United States District Judge

App.72

NBA Properties, Inc., et al. v. 17nfljersey.top, et

al. ‐ Case No. 20‐cv‐7543

Schedule A

No.

Seller Aliases

1 17nfljersey.top

49ersglintshop.com

aheadlo.co

apriljerseys.com

aquaristik-blog.com

aroundu.fun

athleticsgearfanshop.com

atlantafalconsjersey.us

avail.buzz

bakery-pansy.com

baterry.store

bengalsfansgear.com

bestatoz.com

beyondbarband.com

bimmishop.com

bluejacketsteamstore.com

bradyjersey.com

brownsfansapparel.com

busymompartyplanner.com

cardinalsglintshop.com

championrings.us

App.73

No.

Seller Aliases

2 21nflstore.vip

4 aasportshop.top

6 altamayozys.com

8 apriljerseysstore.com

arizonacardinalsjersey.us

athleticsedgestore.com

atlantabravesfanstore.com

authenticjerseyonline.com

awaylakersjersey.com

bamafootballapparels.com

bearsteamstoreonline.com

bengalsglintshop.com

bestjerseys-outlet.com

billsglintshop.com

bleucorail.com

32 boomjersey.com

34 broncosglintshop.com

App.74

cheapjersey.xyz

cheapjerseys.sale

cheapnfljerseyschin

a.us.org

cheapnfljerseyswhol

esale.us.org

cheapsportsjerseysfr

omchina.us

chinacheapjerseys.com

chiosroomstorent.co

classicjerseynba.co

collegeteamfanatics.

com

coolfanstar.com

customchampionshi

prings.net

daltonlearningcente

r.net

buccaneersglintsho

p.com

buyjerseyus.com

carolinapanthersfa

nsclub.com

chargerssportinga

pparel.com

cheapjerseyfromch

ina.org

cheapjerseyswhole

salefreeshipping.u

cheapnfljerseysfro

mchina.us.org

cheapnfljerseyswh

olesalefromchina.u

s.c om

chicagobearsfanscl

ub.com

chinanfls.com

chipmunkstore.onl

ine

collegegame.store

coltsglintshop.com

ctsalnes.com

dallascowboysjerse

y.us

denverbroncosjerse

ys.us

App.75

No.

101

103

105

107

109

111

113

115

117

119

121

123

Seller Aliases

depintxosytapas.com

discountshopjersey.top

dnoorse.com

eaglesglintshop.com

eliteusajerseys.com

euromelee.com

fabriquersonsavon.com

fansjerseys.buzz

fitnessbychelsea.com

foxfans.store

gardencentersnearme.com

giantsedgestore.com

glogigoit.com

gownmine.com

greenbaypackersfansclub.com

hajersey.shop

hbsports.club

hojerseys.club

hotjerseys.club

hotsalejerseys.us.com

iftmm.com

isportssite.cc

jersey4sales.com

jersey-mart.com

jerseyshope.com

jerseyslovery.com

jerseyswholesale.shop

jerseyswholesalestore.us.com

jerseyvipshop.com

App.76

125

127

129

131

133

135

137

139

141

143

145

jetsglintshop.com

kayalshop.com

kicksjames23.com

kimchony.com

koonocafe.com

linajerseysshop.net

lovesportjerseys.com

masonandcraft.com

mividasegunyo.net

mlbjerseys.co.uk

mlbonline.store

App.77

No.

100

102

104

106

108

110

112

114

116

118

120

122

124

126

Seller Aliases

detroitlionsjerseys.us

diy-jerseys.com

dolphinsglintshop.com

ebayjerseysshop.net

entropyjewelry.com

f1rstsports.com

falconsglintshop.com

feknba.top

footballsoldes.com

gabyravaphotography.com

gearfond.com

giantsglintshop.com

good1688shop.com

greatjerseyswholesales.com

green-screen-people.com

hazellever.com

hcbraime.com

homelebronjersey.com

hotjerseysale.net

houstontexansfanclub.com

indianapoliscoltsfanclub.com

jaguarsglintshop.com

jerseybarn.com

jerseyscheapwholesaler.us.com

jerseys-kingdom.com

jerseysofficialmart.com

jerseyswholesalefromchina.net

jerseyvip.org

DISMISSED

kansascitychiefsfanclub.com

App.78

128

130

132

134

136

138

140

142

144

146

kbjersey.com

kickslbebron23.com

kiroutoya.com

latvoti.com

lionsglintshop.com

maillotdehockeystore.com

mitaxibarcelona.com

DISMISSED

mlbjerseyshop.pro

mlbshops.us.com

App.79

No.

147

149

151

153

155

157

159

161

163

165

167

169

171

173

175

177

179

181

183

185

187

189

191

193

195

197

199

201

203

Seller Aliases

mydossard51.com

nbafv.com

nbaonlinejerseys.biz

nbgaa.com

newdaystock.com

neweracapsaustralla.com

newjerseynfl.com

nflfanjersey.com

nflfootballjerseys.us.com

nflfootballjerseyscheap.us.com

nfljerseysbar.com

nflstore.us.org

nhlfans.net

nhlhockeyjerseyscheap.us.com

DISMISSED

nyyankeesedge.com

officialnfljerseys.us.org

officialvipjerseys.com

panthersglintshop.com

patriotsuniformsstore.com

raidersglintshop.com

ravensedgeonline.com

redskinsglintshop.com

ringfanatics.store

ringsofchamps.com

savedunelmhouse.com

shirtsblack.com

shortsmens.com

sportfanatics.club

App.80

205

207

209

211

213

215

217

219

221

223

225

sportsjersey.store

steelersglintshop.com

t2hgood.com

tennesseecustomshop.com

texansjerseys.us

DISMISSED

titansteamfanshop.com

tpix.co.uk

urbansportsculture.com

vikingsglintshop.com

washingtonredskinsfansgear.com

App.81

No.

148

150

152

154

156

158

160

162

164

166

168

170

172

174

176

178

180

182

184

186

188

190

192

194

196

198

200

202

204

Seller Aliases

nbaenva.com

nbajersey.top

nbavips.top

ncaapro.store

newenglandpatriots-jerseys.us

neweracapstore.com

newnfljerseys.us.com

nflfanshop.us.org

nflfootballjerseys.us.org

nfl-jerseys.us.org

nflshop-cn.top

nhlfanjerseys.store

nhlfans.store

nhlhockeyjerseyscheap.us.org

nyjetsgoods.com

officialfanaticjersey.com

officialnflteamjerseys.ren

packersglintshop.com

patriotsglintshop.com

piamino.store

ramsglintshop.com

ravensglintshop.com

redskinsteamgearstore.com

ringofchamps.com

saintsglintshop.com

seahawksglintshop.com

shoptheflyers.com

sporterlocker.com

sportfanswear.com

App.82

206

208

210

212

214

216

218

220

222

224

226

sportswearsale.top

steelersteamgoods.com

tbbjerseysale.club

texansglintshop.com

thegiftforfans.com

titansglintshop.com

tomswears.com

triumphdepot.com

uzakishop.com

votealisa.com

wholesalecheapjerseysfromchina.us.org

App.83

No.

227

229

231

233

235

237

239

241

243

245

247

249

251

253

255

257

259

261

263

265

267

269

271

273

275

277

279

Seller Aliases

wholesalejerseysonline.co

wholesalesjerseysespns.com

yankeesteamgoods.com

ymhnba.best

GoodValueForMoney Store

JingShuo- Store

MyST Store

Shop5831054 Store

Shop910337063 Store

475009

AUSJX

Bonnie J Rivas

CHAROG

Colorful Sunlight

Dolly YuJu

dzthurytsu

Fanjewelry

GZUS

HANWJH

Jesus M Million

LCP M store

Lisa Elizabeth J

live home fufu

luo zhiqiang

Omega Technology

qianyicaifushizxdcfc

RSMYD

App.84

281

283

285

287

289

291

293

295

297

299

ShenYangShiShenBeiXinQuXinMengXie

MaoDian

THY-MF

Tina McConnell

USCXS

XCX

XJLDPP

YYMM store

NationalMovement

g_jsong

AKSHAYIDESAI

App.85

No.

228

230

232

234

236

238

240

242

244

246

248

250

252

254

256

258

260

262

264

266

268

270

272

274

276

278

280

Seller Aliases

wholesalenflfootballjerseyscheap.us

xoutstore.com

yankeesteamstoreonline.com

ELU Store

-JingShuo- Clothes Store

KIDOL Store

Sexy and innocent Store

Shop5869590 Store

yongding Store

Aboveo

bjwks

Cai YunLian

CLZUS

DINGYUE-GUOJI

DuanZhouQuSanZhuShouJiPeiJianXiao

ShouB

EL KQ OM

GWE D store

HaiDongShiPingAnQuWanLiTongXun

Dian

Hermosa Philemon

Karen Frisell

LHXDUS

LIUWW

Luck-YEE

NC2RG3CCD3

PANMEIYING

QYCTZL

ShenFei

App.86

282

284

286

288

290

292

294

296

298

300

There are orders every day

Tianjinhongqiaoqulongshengfuzhuangdi an

TRUTHFUL-ME

wanglijunsadzz

XinHengXing

Young Promising

ZGKQD

a.bc.fashionelement

Adriana TrevinoO

Altamurag

App.87

No.

301

303

305

307

309

311

313

315

317

319

321

323

325

327

329

331

333

335

337

339

341

343

345

347

349

351

353

355

357

359

Seller Aliases

Amanda Kane

ana.foos

annjones947

Arturo Garcia

asdordonn456

beauty-yes

billwheeler

Brandon VonDell

chellemich

Christopher Eischen

cufh9965

dongdong1223

duwenhuA668

Earline

Eileen Fitzgeraldd

Ellen Staffordd

erik lacyy

FHayii

GALLAGHER KATHERINE MARIE

goubulibaozi

gxyffv665

hdanie322

DISMISSED

JASON ROBERT HARTING

Joseph Golem

Kari Kunathh

Kenna Smoakk

Kevin Armstrong

Kimberly Newman

Kristi H

App.88

361

363

365

367

369

371

373

375

377

379

laoeyyshb0

Larrysfe

liushm323

ltond4321

Margret0899

MARYsss

Meyapehhs5

mison9292

naitchefganowar

negbqinxhui

App.89

No.

302

304

306

308

310

312

314

316

318

320

322

324

326

328

330

332

334

336

338

340

342

344

346

348

350

352

354

356

358

Seller Aliases

An an trade

ANDYLESS

Anthongarlata

asdassd999

bakerbr889

Becky Morin

BocheScott

CarlaJacksonn

Christina Obergg

Cindy Plumm

cutie goods

DoriRoyer

dwayn5465

ehowellcla488

Elizabeth Nicholsondameron

Ellen Stafforddd

fanzone

Gabriel Lindemeyer

george.tex

grgtrgtr

GZ2000

hnlkk554

Janice Millss

JHohn Tanner

jw.mpwpdpwgdgwmg

Kelly Smisth

kerrkatie

kevinDye

kjCox

App.90

360

362

364

366

368

370

372

374

376

378

380

Kylamersley

Larry Wong

Lisa Jackson

lonzo888

Margareolligan

MARR JAMESANDREW

McAuleySSE6

MICHAELGERALDMCCABE

MJWester

Nancy Schlosser

neryl444

App.91

No.

381

383

385

387

389

391

393

395

397

399

401

403

405

407

409

411

413

415

417

419

Seller Aliases

Nicklaus9JOE

Pamela Morrison

Portiadgfcv

ramirez897

rightbe852

RobertTroy

sadasxzcz211

sdghyu366

shawan458

DISMISSED

songyuexiao123

stevenruno

Stracke6699

talbarb

thorn33

vald532

vbisho46

Wad3smit

Where Findgifts

yuJIEJIESHUNHUA

App.92

No.

382

384

386

388

390

392

394

396

398

400

402

404

406

408

410

412

414

416

418

Seller Aliases

NORMAN OLES

Petnemv3

qiqi.creola

rganed322

Robert Hensley

rterye411

sangmoon leee

Seth Clark

Shirt4U

solgr3432

spark.ble

stew442

sugalex

Thomaeland

Tonia M Bushnell

vandervort

Violet Nearr

Wayne Mccoy

Xena007

App.93

No.

Online Marketplaces

aliexpress.com/store/5666026

aliexpress.com/store/5375053

aliexpress.com/store/5557042

aliexpress.com/store/900249102

aliexpress.com/store/5869590

aliexpress.com/store/5892240

amazon.com/sp?seller=A2MOERK62X48 VY

amazon.com/sp?seller=A3NDV3D7X40 WC

amazon.com/sp?seller=APO2JQ6WXZH 2Q

amazon.com/sp?seller=A28VDRW0BF49 IY

amazon.com/sp?seller=A33HUTZSWS14

amazon.com/sp?seller=A1KRDOJFWQR 80S

App.94

Online Marketplaces

aliexpress.com/store/5325012

aliexpress.com/store/5581196

aliexpress.com/store/5874581

aliexpress.com/store/5831054

aliexpress.com/store/910337063

amazon.com/sp?seller=A3EB95VFW HC2NT

amazon.com/sp?seller=APYHRQK01 MEM8

amazon.com/sp?seller=A1O239THPU KQZ9

amazon.com/sp?seller=AHEV3MUK VR0KE

amazon.com/sp?seller=A23S2ZA8QO DO9B

amazon.com/sp?seller=A2D35781VD

207U

24 amazon.com/sp?seller=AOOWV971SI OOS

No.

App.95

No.

Online Marketplaces

amazon.com/sp?seller=A1P3AULGG02E 85

amazon.com/sp?seller=A3JZFVOVXRZ0

amazon.com/sp?seller=AE0TB98XTW32 D

amazon.com/sp?seller=A271X3EZJQFV

amazon.com/sp?seller=A1NX7QA9IHRB

amazon.com/sp?seller=A1T85447EB56P

amazon.com/sp?seller=A1Z38ZE5DJD98 Y

amazon.com/sp?seller=ABN4BMYLKO

GST

amazon.com/sp?seller=A1SMPUYPRFG

HC1

amazon.com/sp?seller=A2RGOSR03N7F

amazon.com/sp?seller=A384KQIC433XS F

amazon.com/sp?seller=AI6B3BN2L977T

amazon.com/sp?seller=ARMZ7HC1P1S2 L

amazon.com/sp?seller=A1MW9IXUHRA

N6H

amazon.com/sp?seller=A1UI0AHM9CV

R20

amazon.com/sp?seller=AM6RL4SD7P87 7

App.96

amazon.com/sp?seller=A2U4XA80LONX70

amazon.com/sp?seller=A12LO0QYF1113 1

amazon.com/sp?seller=A3D488WE7DPE JO

ebay.com/usr/a.bc.fashionelement

wish.com/merchant/5f50f627507cb96ded

d362da

wish.com/merchant/5f535f6e5a02cef0e0a

53f19

wish.com/merchant/5e9d3875416521614

a1a4c98

App.97

No.

Online Marketplaces

amazon.com/sp?seller=AEUJIMXA7F I3S

amazon.com/sp?seller=ATU93H5GR

C97

amazon.com/sp?seller=A1G5HOA67

H9ZKE

amazon.com/sp?seller=AT61HPOKW

HWH4

amazon.com/sp?seller=AHZB7YRSH

HD2O

amazon.com/sp?seller=A3E8L4Q2K5

X3M3

amazon.com/sp?seller=A1FMS154R7

5WGN

amazon.com/sp?seller=A1WFAJLJ5R

EIIV

amazon.com/sp?seller=A26EZY5QW

SI9AX

amazon.com/sp?seller=A2BEH42752

QN0I

amazon.com/sp?seller=ACTP02D3Q

WK3Y

amazon.com/sp?seller=AA69RFHSJF

HII

amazon.com/sp?seller=A6INJE6JL03 O1

amazon.com/sp?seller=A2XNNP6WY

CFOXJ

amazon.com/sp?seller=A3AMVQW9

VBVBXS

amazon.com/sp?seller=A31N6A3340 X7H6

amazon.com/sp?seller=A27Y4CEG1T

TL9Z

App.98

amazon.com/sp?seller=A26EQQ0O66 EK17

artfire.com/ext/shop/home/NationalM

ovement

ebay.com/usr/g_jsong

wish.com/merchant/5f543f96de20808

60795d843

wish.com/merchant/5f58c9bbb68efb4

b9351d9b1

wish.com/merchant/5f297e17eff07f74

4c5645c2

App.99

No.

Online Marketplaces

wish.com/merchant/5ef3b1baa25e69b102

13d032

wish.com/merchant/5e982132654fc17833

e4764a

wish.com/merchant/5f4fee46bf3ee3798e8

6946c

wish.com/merchant/5e646625b24fc90d0f

6c1e56

wish.com/merchant/5f58cfd2cf35479831

145fb2

wish.com/merchant/5e801ad0dcc8612c80

bcb343

wish.com/merchant/5f4f4024400f0e4002

7fe647

wish.com/merchant/5f506c024bf3c2b2a1

e22d3f

wish.com/merchant/5f4f823356b34bbb21

7a990d

wish.com/merchant/5df0eef0df940f10a93

581fa

wish.com/merchant/5f548f81c7fb04003f0

b5a6f

wish.com/merchant/5e647383b24fc915aa

6c1e73

wish.com/merchant/5e997f78e24a071142

dadedd

wish.com/merchant/5eb018f48108dfbd54

2a5d37

wish.com/merchant/5f506f9fd7e8d5fe8b7

5c3a6

App.100

101

103

105

107

109

wish.com/merchant/5f433672cbb8e6f411

f30434

wish.com/merchant/5f589a74a00e51b49d

e95d21

wish.com/merchant/5f288409a812e0bb2c

9b2758

wish.com/merchant/5e634160ad6a883f9a

648b12

wish.com/merchant/56f8fdcc3a698c5662

572d24

App.101

No.

100

Online Marketplaces

wish.com/merchant/5e699f03cfd5342

b8b4fa97c

wish.com/merchant/5f58c71b5e38a42

81e52a19d

wish.com/merchant/5e68be0accb3741

9ffcea0b6

wish.com/merchant/5dac8f858f3ae512

c0518289

wish.com/merchant/5f54dd18b980b2c

064088740

wish.com/merchant/5f532b107e6d449

99411c52b

wish.com/merchant/5edfb13129e7867

ec00b4afd

wish.com/merchant/5f59af1ff2f495e3

8bbfcd58

wish.com/merchant/5e9a383b2405fbb

8d3c4a47b

wish.com/merchant/57863000fe80a40

32eee5ac6

wish.com/merchant/5d58035933f0b46

1aabe9470

wish.com/merchant/5f16c7aee0f62ec0

40b4c4e1

wish.com/merchant/5f4f4ba31866cb2c

c5b8a90a

wish.com/merchant/5f4f5a84fd2dad7a

240c326d

wish.com/merchant/5f4f6cec8f83985c

d277126b

App.102

102

104

106

108

110

wish.com/merchant/5f4fc9ebbfc92c79

e40e7931

wish.com/merchant/5f511568d7e8d57

64275bfe1

wish.com/merchant/5d61088133f0b42

235656d2c

wish.com/merchant/5e9a3a2eda2ff249

3742c085

wish.com/merchant/5e6827fb2fb13f12

f60a9366

App.103

No.

111

113

115

117

119

121

123

125

127

129

131

133

135

137

Online Marketplaces

wish.com/merchant/5e68910f29e7864107

4523e3

wish.com/merchant/5f4f6f89720e77f1315

67df0

wish.com/merchant/5e971360bc176e1201

8cd6f8

wish.com/merchant/5d4a8eb872b0c92623

e7a99e

wish.com/merchant/5f533042a7212882b9

dc3e84

wish.com/merchant/5e7f73c993fb00cff8c

a7a45

wish.com/merchant/5f5339fa58c96ec5cdc

21faa

wish.com/merchant/5e94aa6f2522bcc0c0

c7681c

wish.com/merchant/5e9812c058532f164d

9cdc18

wish.com/merchant/5f54e8f3de20808add

95d5fd

wish.com/merchant/5e9481dabdebf4a33e

041ef5

wish.com/merchant/5e6465edb24fc90cc5

6c1ea7

wish.com/merchant/5ea151e02a4ed46a96

e9798b

wish.com/merchant/5f50dfcc32a9f04d407

67779

App.104

139

141

143

145

147

149

wish.com/merchant/5f533674b980b203b6

088693

wish.com/merchant/5f532f1d00499c3566

e84385

wish.com/merchant/5f3ce7fec7f4ab28abd

1d8d3

wish.com/merchant/5f54ec545118edee22

60acf0

wish.com/merchant/5e64fcb010b8356f14

c597cb

wish.com/merchant/5f24deb95f7d700a96

80f63b

App.105

No.

112

114

116

118

120

122

124

126

128

130

132

134

136

138

140

Online Marketplaces

DISMISSED

wish.com/merchant/5f5104f4c7869ead

3ad957be

wish.com/merchant/5f59ca9c6805e3c

b0ee39aea

wish.com/merchant/5f50bbbbfd7a338

6b0f8936d

wish.com/merchant/5f50b9acc379b15

e56f7ac47

wish.com/merchant/5e94ff69db71da0

bdbace122

wish.com/merchant/5e94905ea93effbc

bb47900b

wish.com/merchant/5f53697658c96e7

186c2204f

wish.com/merchant/5f507edc4198000

043e9781d

wish.com/merchant/5f5356d17e6d44e

eac11c2ec

wish.com/merchant/5e646d602fdc771

256e15c4f

wish.com/merchant/5e64626129e7861

5c205c8e9

wish.com/merchant/5f505fbb4c9253d

2cef233d4

wish.com/merchant/5f3cf6378ddf08ff

417c4119

wish.com/merchant/5f507c02507cb9e

657d3603f

App.106

142

144

146

148

150

wish.com/merchant/5e99a700ec9621a

2f2ecb0a5

wish.com/merchant/5ea3efa9cba26485

38b00804

wish.com/merchant/5de76e7f5d35f91

728bd9eb1

wish.com/merchant/5f2c25519a5d00e

a66cf864d

wish.com/merchant/5e949eb746be6ac

8e1df1e20

App.107

No.

151

153

155

157

159

161

163

165

167

169

171

173

175

177

Online Marketplaces

wish.com/merchant/5f529c5c7b4e2509f8f

57080

wish.com/merchant/5f298021f0a7fd2ab4c

08fb0

wish.com/merchant/5e64694f2724a80b21

dc499b

wish.com/merchant/5e94ce44646cd4d7ef

988b2c

wish.com/merchant/5e6478782fdc773680

e2e300

wish.com/merchant/5f507ab038a88ea6b2

64469b

wish.com/merchant/5e9495311a25abbd7f

b767fc

wish.com/merchant/5ebe7c8429e7862d4c

492494

wish.com/merchant/5e6474ba10b835a1c0

c602b2

wish.com/merchant/5f3182e07aaec0f70bb

8f7f6

wish.com/merchant/5e6469b72724a88c40

dcd364

wish.com/merchant/5ef365b418283d1ade

da58b0

wish.com/merchant/5e9818dfe1a33324ae

20e3b4

wish.com/merchant/5f535e9558c96eee1e

c22072

App.108

179

181

183

185

wish.com/merchant/5ea7c4be03b886020d

0ff38a

wish.com/merchant/5f50b49b4bf3c2104c

e2231a

wish.com/merchant/5e972d6c8ebdfc378b

adb63e

wish.com/merchant/5f4f72da9385d3da37

50c931

App.109

No.

152

154

156

158

160

162

164

166

168

170

172

174

176

178

Online Marketplaces

wish.com/merchant/5f59b460f2f495cb

9fbfcc07

wish.com/merchant/5e69990a1a312a0

445ecc88b

wish.com/merchant/5e645e6910b8350

520c597e2

wish.com/merchant/5f54e75d3570935

b4442ba25

wish.com/merchant/5f4fa48156b34b8

7fa7a9959

wish.com/merchant/5e64778aad6a881

54a648b19

wish.com/merchant/5e9986a6694c713

44046a394

DISMISSED

wish.com/merchant/5d4e1e8c1527543

042ad5073

wish.com/merchant/5ea7304a084bd0e

e56c3f3c9

wish.com/merchant/5f2c268ac162bc6

5dae4713b

wish.com/merchant/5ef36289a25e69b

10213935a

wish.com/merchant/5e645af82fdc7706

b1e15b63

wish.com/merchant/5e646dba00ff371

1c68f3c01

App.110

180

182

184

186

wish.com/merchant/5e6470e52fdc771

50de15b64

wish.com/merchant/5f527ca7df4376e9

db3b3e26

wish.com/merchant/5ddd0f23e4ce232

841793ec5

wish.com/merchant/5ed78da4583b817

11a70079d

App.111

No. Domain Names

17nfljersey.top

49ersglintshop.com

aheadlo.co

apriljerseys.com

aquaristik-blog.com

11 aroundu.fun

13 athleticsgearfanshop.com

15 atlantafalconsjersey.us

17 avail.buzz

19 bakery-pansy.com

21 baterry.store

23 bengalsfansgear.com

25 bestatoz.com

27 beyondbarband.com

29 bimmishop.com

31 bluejacketsteamstore.com

33 bradyjersey.com

35 brownsfansapparel.com

37 busymompartyplanner.com

39 cardinalsglintshop.com

41 championrings.us

43 cheapjersey.xyz

45 cheapjerseys.sale

47 cheapnfljerseyschina.us.org

49 cheapnfljerseyswholesale.us.org

51 cheapsportsjerseysfromchina.us

53 china-cheapjerseys.com

55 chiosroomstorent.com

57 classicjerseynba.com

App.112

collegeteamfanatics.com

coolfanstar.com

customchampionshiprings.net

daltonlearningcenter.net

depintxosytapas.com

discountshopjersey.top

dnoorse.com

eaglesglintshop.com

eliteusajerseys.com

euromelee.com

fabriquersonsavon.com

fansjerseys.buzz

App.113

No. Domain Names

21nflstore.vip

aasportshop.top

altamayozys.com

apriljerseysstore.com

10 arizonacardinalsjersey.us

12 athleticsedgestore.com

14 atlantabravesfanstore.com

16 authenticjerseyonline.com

18 awaylakersjersey.com

20 bamafootballapparels.com

22 bearsteamstoreonline.com

24 bengalsglintshop.com

26 bestjerseys-outlet.com

28 billsglintshop.com

30 bleucorail.com

32 boomjersey.com

34 broncosglintshop.com

36 buccaneersglintshop.com

38 buyjerseyus.com

40 carolinapanthersfansclub.com

42 chargerssportingapparel.com

44 cheapjerseyfromchina.org

46 cheapjerseyswholesalefreeshipping.us

48 cheapnfljerseysfromchina.us.org

50 cheapnfljerseyswholesalefromchina.us.com

52 chicagobearsfansclub.com

54 chinanfls.com

56 chipmunkstore.online

58 collegegame.store

60 coltsglintshop.com

App.114

ctsalnes.com

dallascowboysjersey.us

denverbroncosjerseys.us

detroitlionsjerseys.us

diy-jerseys.com

dolphinsglintshop.com

ebayjerseysshop.net

entropyjewelry.com

f1rstsports.com

falconsglintshop.com

feknba.top

App.115

No. Domain Names

83 fitnessbychelsea.com

85 foxfans.store

87 gardencentersnearme.com

89 giantsedgestore.com

91 glogigoit.com

93 gownmine.com

95 greenbaypackersfansclub.com

97 hajersey.shop

99 hbsports.club

101 hojerseys.club

103 hotjerseys.club

105 hotsalejerseys.us.com

107 iftmm.com

109 isportssite.cc

111 jersey4sales.com

113 jersey-mart.com

115 jerseyshope.com

117 jerseyslovery.com

119 jerseyswholesale.shop

121 jerseyswholesalestore.us.com

123 jerseyvipshop.com

125 jetsglintshop.com

127 kayalshop.com

129 kicksjames23.com

131 kimchony.com

133 koonocafe.com

135 linajerseysshop.net

137 lovesportjerseys.com

139 masonandcraft.com

App.116

141 mividasegunyo.net

143 mlbjerseys.co.uk

145 mlbonline.store

147 mydossard51.com

149 nbafv.com

151 nbaonlinejerseys.biz

153 nbgaa.com

155 newdaystock.com

157 neweracapsaustralla.com

159 newjerseynfl.com

161 nflfanjersey.com

App.117

No. Domain Names

84 footballsoldes.com

86 gabyravaphotography.com

88 gearfond.com

90 giantsglintshop.com

92 good1688shop.com

94 greatjerseyswholesales.com

96 green-screen-people.com

98 hazellever.com

100 hcbraime.com

102 homelebronjersey.com

104 hotjerseysale.net

106 houstontexansfanclub.com

108 indianapoliscoltsfanclub.com

110 jaguarsglintshop.com

112 jerseybarn.com

114 jerseyscheapwholesaler.us.com

116 jerseys-kingdom.com

118 jerseysofficialmart.com

120 jerseyswholesalefromchina.net

122 jerseyvip.org

124 DISMISSED

126 kansascitychiefsfanclub.com

128 kbjersey.com

130 kickslbebron23.com

132 kiroutoya.com

134 latvoti.com

136 lionsglintshop.com

138 maillotdehockeystore.com

App.118

140 mitaxibarcelona.com

142 DISMISSED

144 mlbjerseyshop.pro

146 mlbshops.us.com

148 nbaenva.com

150 nbajersey.top

152 nbavips.top

154 ncaapro.store

156 newenglandpatriots-jerseys.us

158 neweracapstore.com

160 newnfljerseys.us.com

162 nflfanshop.us.org

App.119

No. Domain Names

163 nflfootballjerseys.us.com

165 nflfootballjerseyscheap.us.com

167 nfljerseysbar.com

169 nflstore.us.org

171 nhlfans.net

173 nhlhockeyjerseyscheap.us.com

175 DISMISSED

177 nyyankeesedge.com

179 officialnfljerseys.us.org

181 officialvipjerseys.com

183 panthersglintshop.com

185 patriotsuniformsstore.com

187 raidersglintshop.com

189 ravensedgeonline.com

191 redskinsglintshop.com

193 ringfanatics.store

195 ringsofchamps.com

197 savedunelmhouse.com

199 shirtsblack.com

201 shortsmens.com

203 sportfanatics.club

205 sportsjersey.store

207 steelersglintshop.com

209 t2hgood.com

211 tennesseecustomshop.com

213 texansjerseys.us

215 DISMISSED

217 titansteamfanshop.com

219 tpix.co.uk

App.120

221 urbansportsculture.com

223 vikingsglintshop.com

225 washingtonredskinsfansgear.com

227 wholesalejerseysonline.co

229 wholesalesjerseysespns.com

231 yankeesteamgoods.com

233 ymhnba.best

App.121

No. Domain Names

164 nflfootballjerseys.us.org

166 nfl-jerseys.us.org

168 nflshop-cn.top

170 nhlfanjerseys.store

172 nhlfans.store

174 nhlhockeyjerseyscheap.us.org

176 nyjetsgoods.com

178 officialfanaticjersey.com

180 officialnflteamjerseys.ren

182 packersglintshop.com

184 patriotsglintshop.com

186 piamino.store

188 ramsglintshop.com

190 ravensglintshop.com

192 redskinsteamgearstore.com

194 ringofchamps.com

196 saintsglintshop.com

198 seahawksglintshop.com

200 shoptheflyers.com

202 sporterlocker.com

204 sportfanswear.com

206 sportswearsale.top

208 steelersteamgoods.com

210 tbbjerseysale.club

212 texansglintshop.com

214 thegiftforfans.com

216 titansglintshop.com

218 tomswears.com

220 triumphdepot.com

App.122

222 uzakishop.com

224 votealisa.com

226 wholesalecheapjerseysfromchina.us.org

228 wholesalenflfootballjerseyscheap.us

230 xoutstore.com

232 yankeesteamstoreonline.com

App.123

______________

APPENDIX C

_______________

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

[Filed September 20, 2021]

NBA PROPERTIES, INC.,

MLB ADVANCED MEDIA,

No. 20-cv-07543

L.P., MAJOR LEAGUE

BASEBALL PROPERTIES,

Judge John F. Kness

INC., NHL ENTERPRISES,

L.P., NFL PROPERTIES LLC,

COLLEGIATE LICENSING

COMPANY, LLC, and THE

REGENTS OF THE

UNIVERSITY OF

CALIFORNIA

Plaintiff,

THE PARTNERSHIPS and

UNINCORPORATED

ASSOCIATIONS IDENTIFIED

ON SCHEDULE “A,”

Defendants.

App.124

ORDER

No remaining Defendant has responded to

Plaintiffs’ motion for entry of default judgment.

Accordingly, the motion [52] is granted. Because

Defendants directly target their business activities

toward consumers in the United States, including

Illinois, this Court has personal jurisdiction over the

Defendants. Am. Bridal & Prom Indus. Ass’n v.

P’ships & Unincorporated Ass’ns Identified on

Schedule A, 192 F. Supp. 3d 924, 934 (N.D. Ill.

2016). Plaintiffs have presented screenshot

evidence, as well as various declarations from

witnesses, that each Defendant Internet Store is

reaching out to do business with Illinois residents

by operating one or more commercial, interactive

Internet Stores through which Illinois residents can

and do purchase infringing products. In addition,

based on the evidence previously submitted by

Plaintiffs and the admission of liability by virtue of

the default, Plaintiffs have established that a

permanent injunction and the transfer of domain

names is warranted. The infringement of Plaintiffs’

marks irreparably harms Plaintiffs and confuses the

public.

Defendants’ infringement was willful and

statutory damages are thus awarded. After

considering the nature of the products, the price

point, the absence of any concrete evidence of lost

profits or high-volume infringement by Defendants

(Plaintiffs have not, as suggested in their earlier

filings, sought an accounting of profits), the value of

Plaintiffs’ brands, and the need to deter

infringement that is easily committed and difficult

App.125

to stop, the court finds that $100,000 per distinct

Defendant is an appropriate award of statutory

damages under 15 U.S.C. § 1117(c)(2) for

Defendants’ willful use of counterfeit trademarks.

With

respect

Defendant

HANWJH

(Defendant No. 263), it is true that this Defendant

appeared and moved (unsuccessfully) to dismiss the

complaint against it based on allegedly insufficient

service and the Court’s lack of personal jurisdiction.

See Dkt. 55, 57, 58. But HANWJH’s response to the

complaint was due on February 26, 2021, and its

motion to dismiss came on March 18, 2021. That

was too late, hence the entry of default (Dkt. 59).

And although ineffective service of process would

mean that the Court never acquired jurisdiction

over HANWJH—and by extension that no finding of

default or default judgment could be entered, see,

e.g., Omni Capital Int’l, Ltd. v. Rudolf Wolff & Co.,

Ltd., 484 U.S. 97, 104 (1987) (“Before a court may

exercise personal jurisdiction over a defendant, the

procedural requirement of service of summons must

be satisfied. . . .”); Silva v. City of Madison, 69 F.3d

1368, 1376 (7th Cir. 1995) (“[A] responsive pleading

is required only after service has been effected and

the party has been made subject to the jurisdiction

of the federal courts”)—the Court denied

HANWJH’s motion to dismiss and found that

service was proper. Dkt. 57, 58. That holding is

subject to review, of course, and might be reversed

by a higher court. But until that happens, the

holding remains: service was proper, and

jurisdiction exists. Bottom line, HANWJH was

required to answer the complaint on or before

App.126

February 26, 2021. 1 Because service was proper,

and because HANWJH— despite having been

provided an opportunity to do so (see Dkt. 59)—has

yet to answer the complaint, move to vacate the

entry of default, or oppose the entry of default

judgment, it is time to conclude this case.

A final judgment order will be entered

separately. Any pending motions other than Docket

52 are dismissed as moot. Civil case terminated.

SO ORDERED in No. 20-cv-07543

Date: September 20, 2021

JOHN F. KNESS

United States

District Judge

In the ordinary course, a defendant has 14 days to file an

answer after the court denies a motion brought under Rule 12.

See Fed. R. Civ. P. 12(a)(4)(A). HANWJH’s motion to dismiss,

however, came well after the deadline for responding to the

complaint, and HANWJH has not provided any authority (or

otherwise argued) that the 14-day deadline under Rule

12(a)(4)(A) applies no matter when the motion under Rule 12

was filed. Because HANWJH’s motion to dismiss was untimely,

the Court found that HANWJH was in default. Dkt. 59.

HANWJH has not challenged that finding.

App.127

______________

APPENDIX D

_______________

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

[Filed July 15, 2021]

NBA PROPERTIES, INC., et al.,

Plaintiff,

THE PARTNERSHIPS AND

UNINCORPORATED ASSOCIATIONS

IDENTIFIED IN SCHEDULE “A”

Defendants,

No. 20-cv-07543

Judge John F. Kness

MEMORANDUM OPINION AND ORDER

Plaintiffs NBA Properties, Inc., MLB Advanced

Media, L.P., Major League Baseball Properties, Inc.,

NHL Enterprises, L.P., NFL Properties LLC,

Collegiate Licensing Company, LLC, and the Regents

of the University of California (collectively

“Plaintiffs”) filed this so-called “Schedule A” case

App.128

against various overseas online merchants including

Defendant HANWJH Official Store. (Dkt. 2.)

Plaintiffs assembled their list of overseas Defendants

by identifying online retailers marketing Plaintiffs’

trademarked products and then ordering infringing

products for delivery into this District. (Dkt. 1 at 40.)

Defendant HANWJH now moves to dismiss the

complaint against it and asserts two bases for

dismissal: (1) the Court lacks personal jurisdiction

over Defendant; and (2) service of process by email

was improper. (Dkt. 55.) For the following reasons,

Defendant’s motion is denied.

I. BACKGROUND

As alleged in the Complaint, Plaintiffs are

professional or collegiate sports associations who

own, or license, trademarks related to their

respective sports. (Dkt. 1.) For example, Plaintiff

NBA Properties, Inc. is the owner and/or exclusive

licensee of the trademarks of the NBA and the NBA

Teams. (Dkt. 1 ¶ 7.) Defendant is an online retailer

that uses the Amazon sales platform. (Dkt. 56 at 2;

7.) On December 18, 2020, Plaintiffs brought this socalled “Schedule A” trademark-infringement action

against a large group of online retailers, including

Defendant, and alleged that they sold counterfeit

products bearing Plaintiffs’ trademarks. (Dkt. 1 ¶

79.) Along with the Complaint, Plaintiffs filed

Schedule A, a sealed exhibit to the Complaint listing

the Defendants, including Defendant HANWJH, by

seller alias and online marketplace domain name.

(Dkt. 2.) Plaintiffs identified HANWJH as a

Defendant through Plaintiffs’ Coalition to Advance

the Protection of Sports Logos (“CAPS”), which

conducts internet sweeps to identify e-commerce

stores that are offering for sale or selling allegedly

App.129

infringing products. (Dkt. 1 ¶ 66.) Plaintiffs also

ordered at least one allegedly infringing item from

Defendant’s store and had it shipped it to Illinois.

(Dkt. 56 at 2.) In addition, Illinois is included in

Defendant’s “ship-to” options listed on Defendant’s

homepage. (Id. at 8.)

On December 21, 2020, Plaintiffs sought a TRO

against all defendants and requested leave under

Rule 4(f)(3) of the Federal Rules of Civil Procedure to

serve Defendant (and the other Defendants) by

email. (Dkt. 9; Dkt. 10; Dkt. 22.) The Court granted

both requests on January 13, 2021. (Dkt. 33.) On

February 5, 2021, Plaintiffs filed a motion for a

preliminary injunction. (Dkt. 42.) About a month

later, Defendant filed a motion to dismiss for lack of

jurisdiction and improper service. (Dkt. 55.) That

motion is now before the Court for adjudication.

LEGAL STANDARD

A federal court must dismiss any action against

a party over whom the court lacks personal

jurisdiction. See Fed. R. Civ. P. 12(b)(2). Plaintiffs

bear the burden to make a prima facie case for

personal jurisdiction. uBID, Inc. v. GoDaddy Group,

Inc., 623 F.3d 421, 423 (7th Cir. 2010). When

determining whether a plaintiff has met its burden, a

court must accept as true jurisdictional allegations

pleaded in the complaint, unless those allegations are

disproved by the defendant’s affidavits or exhibits.

Purdue Research Foundation v. Sanofi-Synthelabo,

S.A., 338 F.3d 773, 782 (7th Cir. 2003).

Under Rule 12(b)(5) of the Federal Rules of Civil

Procedure, defendants may challenge the manner of

service of process through a motion to dismiss. See

Fed. R. Civ. P. 12(b)(5). A plaintiff bears the “burden

to demonstrate that the district court has jurisdiction

App.130

over each defendant through effective service.”

Cardenas v. City of Chicago, 646 F.3d 1001, 1005

(7th Cir. 2011). If, on its own or on the defendant’s

motion, a court “finds that the plaintiff has not met

that burden and lacks good cause for not perfecting

service, the district court must either dismiss the suit

or specify a time within which the plaintiff must

serve the defendant.” Id.

II.DISCUSSION

Personal Jurisdiction

Defendant provides several reasons in support of

its contention that the Court lacks personal

jurisdiction over Defendant in this action. Defendant

first argues that it “has no connection to Illinois

whatsoever” because it is not an Illinois company,

owns no property in Illinois, never directed

advertising or marketing toward Illinois, and never

purchased goods or services for its business in Illinois

(Dkt. 56 at 2.) Second, Defendant argues that the

only transaction it made to Illinois was the “sham

transaction” through the Plaintiffs or their

representatives. (Id.)

As the Seventh Circuit has explained, any

analysis of specific personal jurisdiction must

consider three separate requirements. See Kinslow v.

Pullara, 538 F.3d 687, 691 (7th Cir. 2008). First, the

defendant must have “minimum contacts with the

forum state.” Id. To determine whether the defendant

has such contacts, the court must ask whether “the

defendant should reasonably anticipate being haled

into court in the forum State, because the defendant

has purposefully availed itself of the privilege of

conducting activities there.” Id. Second, the plaintiff’s

claims must “arise out of” the defendant’s contacts

with the forum. GCIU-Emp. Ret. Fund v. Goldfarb

App.131

Corp., 565 F.3d 1018, 1023 (7th Cir. 2009). Third,

and finally, maintenance of the suit must not “offend

traditional notions of fair play and substantial

justice.” Kinslow, 538 F.3d at 691.

All three requirements are met as to Defendant.

Although specific personal jurisdiction over an online

retailer is not established merely because the

retailer’ swebsite is available in the forum, online

retailers form minimum contacts with a forum when

they “st[and] ready and willing to do business with”

residents of the forum and then “knowingly [ ] do

business with” those residents. Illinois v. Hemi Grp.

LLC, 622 F.3d 754, 758 (7th Cir. 2010). As the

Seventh Circuit explained last year, minimum

contacts were formed even though a defendant “s[old]

its products only online through its website and

third-party websites” because the defendant

（1） included the forum in the “ship-to” options

from which the customer had to choose；

（2） sent a customer an email confirming a

shipping address in the forum; and

（3） shipped product to an address in the forum.

Curry v. Revolution Labs., LLC, 949 F.3d 385,

392-93 (7th Cir. 2020).

As in Curry, Defendant’s contacts with this

forum included more than merely providing access to

a website. Defendant admits that it both offered to

ship and in fact shipped products to Illinois. (Dkt. 56

at 8.) Defendant attempts to deflect this evidence,

however, by pointing out that the shipment to Illinois

was made as the result of a transaction initiated by

Plaintiffs. (Id.) Even in the absence of any suggestion

that Defendant sent a confirming email to the Illinois

shipping address, the evidence that is available—

namely, that Defendant made Illinois a “ship-to”

App.132

option and did ship allegedly infringing products to

this forum—is sufficient to show that Defendant

stood ready and willing to do business with residents

of this state. Hemi¸ 622 F.3d at 758. Accordingly, this

Court has sufficient grounds to exercise personal

jurisdiction over Defendant. Curry, 949 F.3d at 39293.

Defendant points to several cases to oppose a

finding of personal jurisdiction:

(1) be2 LLC v. Ivanov, 642 F.3d 555 (7th Cir.

2011); (2) Advanced Tactical Ordnance Sys., LLC v.

Real Action Paintball, Inc., 751 F.3d 796 (7th Cir.

2014); (3) Illinois v Hemi Group LLC, 622 F.3d at

754; and (4) Original Creations, Inc. v. Ready

America, Inc., 836 F. Supp. 2d 711 (N.D. Ill. 2011).

None of these cases, however, compels a ruling in

Defendant’s favor.

To begin, be2 LLC and Real Action Paintball can

be distinguished from both Curry and this case. In

be2 LLC, the Seventh Circuit held that a dating web

site did not have minimum contacts with Illinois

merely because members of the site provided Illinois

addresses. be2 LLC, 642 F.3d at 559. But there,

unlike here, the defendant did not ship any products

to Illinois. Id. Similarly, in Real Action Paintball, the

Seventh Circuit found that sale of noninfringing

goods to residents of Indiana did not establish

specific personal jurisdiction for a trademark

infringement claim regarding the sale of separate

infringing goods. Real Action Paintball, 751 F.3d at

801. Because this case, as in Curry, involves both the

sale of infringing goods and the sale of those goods to

residents of Illinois, be2 LLC and Real Action

Paintball are materially distinguishable.

Second, Defendant contends that Original

App.133

Creations is persuasive because it held that “an

internet website was not sufficient alone to support

personal jurisdiction where the only sale to Illinois

was to the plaintiff.” Original Creations, 836 F. Supp.

2d at 711. But the court in Original Creations ended

up finding the defendant there purposely directed its

activities to residents of Illinois under a“stream of

commerce” theory. In any event, Curry—a binding

precedent of the Court of Appeals holding that a

shipment into the forum state is sufficient—controls

the determination of this issue.

Finally, Defendant attempts to distinguish

Hemi, where the Seventh Circuit found personal

jurisdiction over a defendant that reached out to

residents of Illinois through its website and shipping

history. Hemi, 622 F.3d at 758. Defendant contends

that, because the transactions in Illinois in this case

were exclusively the product of “entrapment and

enticement” by Plaintiffs (Dkt. 56 at 6), Hemi should

not apply. But Hemi’s reasoning is on point. In that

case, the defendant had a website that offered Illinois

as a “ship-to” forum and in fact shipped products to

Illinois. Hemi, 622 F.3d at 758. As this Court sees

things, Hemi did not impose any bar to evidence

generated from a plaintiff’s pretextual purchase of an

infringing product; and Defendant does not offer any

authority establishing such a rule. In the absence of

contrary authority, the Court finds that Plaintiffs’

reasons for purchasing the allegedly infringing

material provided by products is not relevant to the

personal jurisdiction analysis.

Separately, Defendant also argues the Complaint

against it should be dismissed because exercising

personal jurisdiction would “offend traditional

notions of fair play and substantial justice.” (Dkt. 56

App.134

at 8.) But, again, Defendant offers no authority in

support of that argument. Instead, Defendant simply

restates its previous argument that Defendant had

very limited contact with Illinois and that the

interest of Illinois in this dispute is weak. (Id.)

Defendant’s appeal to traditional notions of fair play

fails: it is hardly unfair to assert jurisdiction over a

party that—without any awareness of Plaintiffs’

motives—willingly shipped an allegedly infringing

product to this forum.

Because Defendant purposefully availed itself of

the privileges of conducting business in this District,

and because Plaintiffs’ claims against Defendant

arise out of those activities, the Court finds that it

has specific personal jurisdiction over Defendant.

B. Service of Process

Separately, Defendant contends that, because

Plaintiffs did not adhere to the requirements of the

Hague Service Convention, service by email was

improper. Defendant first argues that Plaintiffs could

have found Defendant’s address had it undertaken a

reasonable effort to find it and that the Convention

therefore applies. (Dkt. 56 at 10-11.) Defendant also

asserts that service by email under Rule 4(f)(3) of the

Rules of Civil Procedure was improper because the

drafters of the Convention intended to prohibit any

method of service not mentioned in its text. (Id. at 1112.)

As explained below, although the Court finds

that Plaintiffs did not undertake reasonable diligence

to ascertain Defendant’s address, the Court holds

that, because the Convention does not prohibit

service by email, Plaintiffs’ service of process was

proper under Rule 4(f)(3) of the Federal Rules of Civil

Procedure.

App.135

1 Whether Defendant’s Address was “Known”

Under the Convention

The Hague Service Convention governs the

service of process of civil matters among citizens of

signatory nations in an attempt to give litigants a

reliable, efficient, and standardized means of

international service. The Convention does not apply

if the defendant’s address is “not known.” Hague

Service Convention Art. 1, 20 U.S.T. 361. Before

courts will accept that a defendant’s address is “not

known,” the plaintiff must make reasonably diligent

efforts to ascertain and verify defendant’s mailing

address. Progressive Se. Ins. Co. v. J & P Transp.,

No. 1:11–cv–137, 2011 WL 2672565, at *2 (N.D. Ind.

July 8, 2011); see also Compass Bank v. Katz, 287

F.R.D. 392, 394-95 (S.D. Tex. 2012) (collecting cases).

Plaintiffs did not undertake reasonably diligent

efforts to ascertain Defendant’s mailing address.

Defendant uploaded its true and correct address to

Amazon.com and in fact, Plaintiffs’ own submission

of “alleged infringing evidence” included Defendant’s

business information. (Dkt. 56 at 11.) Despite this,

Plaintiffs argue that electronic service was

appropriate and necessary (1) because store

operators that sell counterfeit products typically

provide false or misleading address information and

(2) because store operators, like Defendant, rely

primarily

electronic

communications

communicate with third-party service providers and

customers. (Dkt. 23 at 2.) Plaintiffs further claim

Defendant’s address was not known because “unlike

an e-mail address, which is typically verified by . . .

online marketplace platforms, no verification

typically occurs for physical addresses” of merchants

like Defendant. (Dkt. 23 at 3.)

App.136

Plaintiffs’ bare assertions regarding the

reliability of Defendant’s publicly available address

are not a substitute for actual diligence. Plaintiffs do

not claim that they conducted any diligence to verify

the address Defendant posted on Amazon. Plaintiffs

do not even claim that they found that address before

it asked the Court to allow for alternative means of

service. Plaintiffs therefore did not conduct the type

of diligence courts have found sufficient to hold that a

defendant’s address was “not known” for the purpose

of the Convention. Cf. Advanced Access Content Sys.

Licensing Adm’r, LLC. v. Shen, No. 16-CV-386-WMC,

2018 WL 4757939 *4 (S.D.N.Y.

Sep. 30, 2018) (plaintiff who investigated the

available physical addresses of online merchant to

see if they were valid for service and determined they

were not conducted reasonable diligence).

Contrary to Defendant’s position, however,

Plaintiffs’ failure to conduct the diligence required

under the Convention does not necessarily render

service improper. The Court must next decide

whether Plaintiffs properly served Defendant under

the Federal Rules of Civil Procedure.

2 Service Under Fed. R. Civ. P. 4(f)(3)

Rule 4(f)(3) of the Federal Rules of Civil

Procedure allows courts to permit alternative means

of service if the party seeking to use an alternative

means obtains permission of the court and those

“other means [are] not prohibited by international

agreement.” Fed. R. Civ. P. 4(f)(3). Defendant is a

company domiciled in China, a country that, along

with the United States, is a signatory to the

Convention and its agreed means of service. But

there “is no indication of a hierarchy in the text or

structure of Rule 4(f).” Flava Works, Inc. v. Does 1-

App.137

26, No. 12 C 5844, 2013 WL 1751468, at *7 (N.D. Ill.

Apr. 19, 2013). So long as the proposed method of

service is “not prohibited by international

agreement[,]” Rule 4(f)(3) does not require a party to

attempt service under the Convention before

seeking a court order directing alternative service.

See Strabala v. Zhang, 318 F.R.D. 81, 114 (N.D. Ill.

2016) (collecting cases).

Service by email is not specifically provided for

in the Convention, but neither is it forbidden. See

MacLean–Fogg Co. v. Ningbo Fastlink Equip. Co.,

No. 08 CV 2593, 2008 WL 5100414, at *2 (N.D. Ill.

Dec. 1, 2008) (“The Hague Convention does not

prohibit service by e-mail or facsimile.”); Sulzer

Mixpac AG v. Medenstar Indus. Co., 312 F.R.D. 329,

331 (S.D.N.Y. 2015) (same); Ouyeinc Ltd. v. Alucy,

No. 20 C 3490,

2021 WL 2633317, at *3 (N.D. Ill. June 25, 2021)

(same); see also Commodity Futures Trading Comm’n

v. Caniff, No. 19-cv-02935, 2020 WL 956302, at *6

(N.D. Ill. Feb. 27, 2020) (“The Convention does not

affirmatively authorize, nor does it prohibit, service

by email”). Thus, despite that Plaintiffs had not

attempted service under the terms of the Convention,

the Court was authorized to order that service be

effected by an alternative means (i.e., email) so long

as Plaintiffs “ma[d]e a showing as to why alternative

service should be authorized.” Flava Works, 2013 WL

1751468, at *7.

A speedy method of service in this case was

justified to ensure, among other reasons, that the

funds gained by the allegedly infringing conduct

would be recoverable. Strabala, 318 F.R.D. at 114

(“Court-directed service pursuant to Rule 4(f)(3) is

appropriate when, for example, ‘there is a need for

App.138

speed that cannot be met by following the Hague

Convention methods”) (quoting 4B FED. PRAC. &

PROC. CIV. § 1134 (4th ed.))). In addition, email was

a more reliable method of service in this case because

Defendant’s email address was verified by the sales

platform, while their physical addresses were not.

(Dkt. 23 at 3.) This is precisely a situation that

justifies an order directing that service be effected by

alternative means. See Ouyeinc, 2021 WL 2633317,

at *3 (“courts have routinely upheld service by email”

in infringement actions where online stores’

“business appeared to be conducted entirely through

electronic communications”) (cleaned up) (citing Rio

Props., Inc. v. Rio Int’l Interlink, 284 F.3d 1007, 1018

(9th Cir. 2002) (“When faced with an international ebusiness scofflaw, playing hide-and-seek with the

federal court, e-mail may be the only means of

effecting service of process”)).

Against this, Defendant argues that two

Supreme

Court

decisions—

Volkswagenwerk

Aktiengesellschaft v. Schlunk, 486 U.S. 694 (1988)

and Water Splash, Inc. v. Menon, — U.S. —, 137 S.

Ct. 1504 (2017)—include language that bars service

by email. (Dkt. 56 at 11-12.) Specifically, Defendant

observes that both Schlunk and Water Splash noted

that the Convention “pre-empts inconsistent methods

of service [wherever] it applies.” Schlunk, 486 U.S. at

699; Water Splash, 137 S. Ct. at 1507. Defendant

reads this statement to prohibit all methods of

service not mentioned in the Convention’s text. (Dkt.

56 at 11-12.) Because email is not mentioned in the

Convention, Defendant says, it is not permitted

under the Convention and this Court could not

authorize service by email under Rule 4(f)(3). (Id. at

12)

App.139

With respect, the Court declines to adopt

Defendant’s interpretation of Schlunk and Water

Splash. As the MacLean–Fogg, Sulzer Mixpac, and

Ouyeinc courts observed, the Convention neither

authorizes nor prohibits service by email—it is

entirely silent on the issue. MacLean–Fogg, 2008 WL

5100414, at *2; Sulzer Mixpac,312 F.R.D. at 331;

Ouyeinc, 2021 WL 2633317, at *3. Defendant has not

directed the Court to any provision of the Convention

that limits a party to the methods of service

enumerated in the Convention or that requires a

party to exhaust the Convention’s methods before

pursuing other methods. See Patrick’s Rest., LLC v.

Singh, No. 18- CV-00764, 2019 WL 121250, at *2-3 n.

3 (D. Minn. Jan. 7, 2019) (Convention does not

contain an exhaustion requirement and holding that

service by email may be unenumerated in the

Convention while “still not ‘inconsistent’ with” the

Convention). In the absence of a provision

affirmatively prohibiting service by email or any

reason to believe the Convention bars all

unenumerated methods of service, district courts

have authority to allow service by email as an

alternative means of service under Rule 4(f)(3).

Strabala, 318 F.R.D. at 81. The Supreme Court’s

anodyne statement that the Convention prohibits

“inconsistent methods of service” does not dictate

otherwise.

Finally, Defendant cites Luxottica Grp. S.p.A. v.

P’ships, et al., 391 F. Supp. 3d 816 (N.D. Ill. 2019) as

an additional reason to find that service by email was

inappropriate. In that case, the court observed that

China has objected to Article 10(a) of the Convention,

which states: “Provided the State of destination does

not object, the present Convention shall not interfere

App.140

IV.

with . . . the freedom to send judicial documents, by

postal channels, directly to persons abroad.” 20

U.S.T. 361. Interpreting the phrase “postal channels”

to include email, and in view of the language of

Article 10(a), the Luxottica court held (contrary to

MacLean-Fogg, Sulzer Mixpac, and Patrick’s

Restaurant) that the Convention prohibits service by

email under Rule 4(f)(3) to parties located in China.

Luxottica, 391 F. Supp. 3d at 827.

This Court, however, declines to interpret the

term “postal channels” to include electronic mail. On

the contrary, the most natural understanding of

“postal channels” applies only to material that is

physically delivered by letter carrying authorities. In

other words, “postal channels” does not refer to

alternate forms of communication, including email,

notice by publication, or service by social media. See

Sulzer Mixpac, 312 F.R.D. at 331; Patrick’s

Restaurant, 2019 WL 121250, at *3 (collecting cases).

Although the issue is not free of doubt, the Court

is persuaded by Sulzer Mixpac, MacLean-Fogg,

Patrick’s Restaurant, and Ouyeinc that service by

email is not prohibited by the Convention. Because

Water Splash and Schlunk do not compel a contrary

finding, and in the absence of controlling authority

holding otherwise, the Court holds that service by

email in this case was proper under Rule 4(f)(3).

CONCLUSION

For the foregoing reasons, Defendant’s motion to

dismiss (Dkt. 55) is denied.

SO ORDERED in No. 20-cv-07543.

Date: July 15, 2021

JOHN F. KNESS

United States District

Judge

App.141

______________

APPENDIX E

_______________

UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois −

CM/ECF LIVE, Ver 6.3.3

Eastern Division

[Filed July 15, 2021]

NBA Properties, Inc., et al.

Plaintiff,

Defendant.

The Partnerships and Unincorporated

Associations Identified on Schedule "A", et al.

Case No.:

1:20−cv−07543

Honorable John F. Kness

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on

Thursday, July 15, 2021:

MINUTE entry before the Honorable John F.

Kness: For the reasons stated in the accompanying

Memorandum Opinion and Order, Defendant's

motion to dismiss and to lift the preliminary

injunction [55] is denied. Mailed notice(ef, )

App.142

ATTENTION: This notice is being sent pursuant

to Rule 77(d) of the Federal Rules of Civil Procedure

or Rule 49(c) of the Federal Rules of Criminal

Procedure. It was generated by CM/ECF, the

automated docketing system used to maintain the

civil and criminal dockets of this District. If a minute

order or other document is enclosed, please refer to it

for additional information.

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