Case: 1:23-cv-02935 Document #: 1 Filed: 05/10/23 Page 1 of 20 PageID #:1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

BELIEVE PURSUE LLC, )

)
Plaintiff, )
)
v. ) Case No.: 1:23-cv-02935
)
THE INDIVIDUALS, CORPORATIONS, LIMITED )
LIABILITY COMPANIES, PARTNERSHIPS, AND )
UNINCORPORATED ASSOCIATIONS )
IDENTIFIED ON SCHEDULE A TO THE )
COMPLAINT, )
)
Defendants. )
)
)
______________________________________________)

COMPLAINT

Plaintiff BELIEVE PURSUE LLC (“Believe Pursue” or “Plaintiff”) hereby alleges as

follows against the individuals, corporations, limited liability companies, partnerships, and

unincorporated associations and foreign entities identified on Schedule A attached hereto

(collectively, “Defendants”):

Introduction

1. This is a civil action for patent infringement and federal trademark infringement to

combat e-commerce store operators who trade upon Plaintiff’s reputation and goodwill by making,

using, offering for sale, selling and/or importing into the United States for subsequent sale or use

unauthorized and unlicensed products that infringe Plaintiff’s patented design for a hip thrust

exercise belt, U.S. Patent No. D983,897 S (the “BELLABOOTY Patent”); and the

BELLABOOTY trademarks, which are covered by at least U.S. Trademark Registration No.

4,350,556 (the “BELLABOOTY Trademark”).

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2. The BELLABOOTY Patent and the BELLABOOTY Trademark registrations are

valid, subsisting, and in full force and effect. Plaintiff is the owner and lawful assignee of all right,

title, and interest in and to the BELLABOOTY Patent, which was duly and legally issued by the

United States Patent and Trademark Office. A true and correct copy of the BELLABOOTY Patent

is attached hereto as Exhibit 1. A true and correct copy of the federal trademark registration

certificate for the BELLABOOTY Trademark, as well as a printout from the USPTO website

evidencing Plaintiff Believe Pursue as the owner of the BELLABOOTY Trademark is attached

hereto as Exhibit 2.

3. Each of the Defendants directly and/or indirectly imports, develops, designs,

manufactures, distributes, markets, offers to sell and/or sells counterfeit products infringing

Plaintiff’s BELLABOOTY Patent and/or the BELLABOOTY Trademark (the “Counterfeit

Products”) in the United States, including in this Judicial District, and otherwise purposefully

directs infringing activities to this district in connection with the Counterfeit Products. Defendants

conduct this activity through their numerous fully interactive commercial Internet e-commerce

stores operating under the online marketplace accounts identified in Schedule A attached hereto

(collectively, the “Defendant Internet Stores”), including but not limited to the platforms

Amazon.com (“Amazon”) and eBay.com (“eBay”).

4. Defendants conduct this activity through their numerous fully interactive commercial

Internet e-commerce stores operating under the online marketplace accounts identified in Schedule

A attached hereto (collectively, the “Defendants” or “Defendant Internet Stores”), including but not

limited to the platforms Amazon.com (“Amazon”) and eBay.com (“eBay”).

5. The Defendant Internet Stores also share unique identifiers, such as design elements

and similarities of the counterfeit products offered for sale, establishing a logical relationship

between them and suggesting that Defendants’ illegal operations arise out of the same transaction,

occurrence, or series of transactions or occurrences.

6. Defendants attempt to avoid liability by going to great lengths to conceal both their

identities and the full scope and interworking of their illegal counterfeiting operation. Plaintiff is

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forced to file this action to combat Defendants’ counterfeiting of Plaintiff’s patented design and

federally registered BELLABOOTY Trademark, as well as to protect unknowing consumers from

purchasing Counterfeit Products over the Internet.

7. As a result of Defendants’ actions, Plaintiff has been and continues to be irreparably

damaged from the loss of its lawful patent rights to exclude others from making, using, selling,

offering for sale, and importing their patented design, and, therefore, seek injunctive and monetary

relief.

8. This Court has personal jurisdiction over each Defendant, in that each Defendant

conducts significant business in Illinois and in this Judicial District, and the acts and events giving

rise to this lawsuit of which each Defendant stands accused were undertaken in Illinois and in this

Judicial District.

9. In addition, each Defendant has offered to sell and ship Counterfeit Products into

this Judicial District.

Jurisdiction and Venue

10. This Court has original subject matter jurisdiction over the patent infringement

claim arising under the patent laws of the United States pursuant to 35 U.S.C. § 1 et seq., 28 U.S.C.

§ 1338(a), and 28 U.S.C. § 1331.

11. This Court has original subject matter jurisdiction over the trademark infringement

and false designation of origin claims pursuant to the provisions of the Lanham Act, 15 U.S.C.

§ 1051 et seq., 28 U.S.C. § 1338(a)–(b), and 28 U.S.C. § 1331.

12. This Court has jurisdiction over the unfair deceptive trade practices claim in this

action that arise under the laws of the State of Illinois pursuant to 28 U.S.C. § 1367(a) because the

state law claims are so related to the federal claims that they form part of the same case or

controversy and derive from a common nucleus of operative facts.

13. This Court has personal jurisdiction over each Defendant, in that, upon information

and belief, Defendants regularly conduct, transact and/or solicit business in Illinois and in this

Judicial District, and/or derive substantial revenue from business transactions in Illinois and in this

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Judicial District and/or otherwise avail themselves of the privileges and protections of the laws of

the State of Illinois such that this Court’s assertion of jurisdiction over Defendants does not offend

traditional notions of fair play and due process, and/or Defendants’ illegal counterfeiting and

infringing actions caused injury to Plaintiff in Illinois and in this Judicial District such that

Defendants should reasonably expect such actions to have consequences in Illinois and this judicial

District, for example:

a. The Defendant Internet Stores accept orders of Counterfeit Products from

and offer shipping to Illinois addresses located in this judicial District.

b. Upon information and belief, Defendants were and/or are systematically

directing and/or targeting their business activities at consumers in the U.S., including those in

Illinois, in this Judicial District, through accounts (the “User Accounts(s)”) with online marketplace

platforms including but not limited to eBay and Amazon, as well as any and all as yet undiscovered

accounts with additional online marketplace platforms held by or associated with Defendants, their

respective officers, employees, agents, servants and all persons in active concert or participation

with any of them, through which consumers in the U.S., including Illinois (and more particularly, in

this Judicial District), can view the one or more of Defendants’ online marketplace accounts that

each Defendant operates, uses to communicate with Defendants regarding their listings for

Counterfeit Products (as defined infra) and to place orders for, receive invoices for and purchase

Counterfeit Products for delivery in the U.S., including Illinois (and more particularly, in this

Judicial District), as a means for establishing regular business with the U.S., including Illinois (and

more particularly, in this Judicial District).

c. Upon information and belief, Defendants have transacted business with

consumers located in the U.S., including Illinois (and more particularly, in this Judicial District), for

the sale and shipment of Counterfeit Products.

14. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b)(2) and 1400(a)

because Defendants have committed acts of patent infringement in this Judicial District, do

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substantial business in the Judicial District, have registered agents in this Judicial District, and

reside or may be found in this district.

Plaintiff Believe Pursue

15. Plaintiff BELIEVE PURSUE LLC (“Believe Pursue” or “Plaintiff”) is a limited

liability company organized and existing under the laws of California with its principal place of

business in Los Angeles, California. Plaintiff specializes in the development and marketing of its

proprietary hip thrust exercise belt (the “BELLABOOTY Belt”). In particular, the BELLABOOTY

Belt is a comfortable and efficient way to perform hip thrust and other exercises at home, featuring

slip resistant padding that protects the user’s hips and flexibility to hold dumbbells, kettlebells,

and plates of up to 400 lbs. Believe Pursue is the official source of the BELLABOOTY Belt,

pictured immediately below:

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16. Plaintiff is the registered owner and lawful assignee of all right, title, and interest

in and to the BELLABOOTY Trademark (attached as Exhibit 2), as follows:

U.S. TM Reg. No. Trademark Registration Date

4,350,556 BELLABOOTY (Class 28) June 11, 2013

17. Plaintiff is the owner and lawful assignee of all right, title, and interest in and to the

BELLABOOTY Patent.

U.S. Patent Claim Issue Date

Number

D983,897 S April 18, 2023

18. Since Plaintiff launched the BELLABOOTY Belt in February 2021, the company

has followed a defined strategy for positioning its brand, marketing and promoting the product line
in the industry and to consumers, and establishing distribution channels. Plaintiff’s promotional

efforts for the BELLABOOTY Belt include, by way of example but not limitation, substantial

print media, the bellabooty.com website, advertising campaigns on Google and Amazon, and

social media advertising campaigns on Facebook, Instagram, and TikTok. Plaintiff has expended

substantial time, money, and other resources in advertising and otherwise promoting the

BELLABOOTY Belt.

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The BELLABOOTY Belt

19. Plaintiff was the first to market a hip thrust exercise belt, the BELLABOOTY Belt,

with a game-changing design.

20. Plaintiff has ensured that its BELLABOOTY Belt meets the most stringent

regulatory requirements in order to ensure the product’s safety and effectiveness

21. Believe Pursue’s BELLABOOTY Belt are distributed and sold to consumers

throughout the world, including in the United States and Illinois through authorized retailers,

various affiliates, and the www.bellabooty.com website.

22. The BELLABOOTY Belt has become enormously popular, driven by Plaintiff’s

arduous quality standards and innovative design. The BELLABOOTY Belt is known for its

distinctive design. These design is broadly recognized by consumers as being sourced from

Plaintiff. Products fashioned after this design are associated with the quality and innovation that

the public has come to expect from the BELLABOOTY Belt. Plaintiff uses this design in

connection with the BELLABOOTY Belt, including, but not limited to, the BELLABOOTY

Patent.

The Defendants

23. Defendants are individuals and business entities who, upon information and belief,

reside mainly in the People’s Republic of China or other foreign jurisdictions. Defendants conduct

business throughout the United States including within Illinois and in this Judicial District, through

the operation of fully interactive commercial websites and online marketplaces operating under

the Defendant Internet Stores. Each Defendant targets the United States, including Illinois, and has

offered to sell and, on information and belief, has sold and continues to sell counterfeit

BELLABOOTY Belts to consumers within the United States, including Illinois and in this Judicial

District.

The Defendants’ Unlawful Conduct

24. The success of the BELLABOOTY Belts has resulted in significant counterfeiting.

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25. Plaintiff has identified numerous Defendant Internet Stores linked to fully

interactive websites and marketplace listings offering for sale, selling, and importing counterfeit

BELLABOOTY Belts to consumers in this Judicial District and throughout the United States.

26. Defendants have persisted in creating such online marketplaces and internet stores,

like the Defendant Internet Stores. In fact, such online marketplaces and stores are estimated to

receive tens of millions of visits per year and to generate over $135 billion in annual online sales.

According to an intellectual property rights seizures statistics report issued by the United States

Department of Homeland Security, the manufacturer’s suggested retail price (“MSRP”) of goods

seized by the U.S. government in fiscal year 2017 was over $1.2 billion. Internet websites like the

Defendant Internet Stores are also estimated to contribute to tens of thousands of lost jobs for

legitimate businesses and broader economic damages such as lost tax revenue every year.

27. On personal knowledge and belief, Defendants facilitate sales by designing the

Defendants’ Internet Stores so that they appear to unknowing consumers to be authorized online

retailers, outlet stores, or wholesalers selling genuine BELLABOOTY Belts.

28. Many of the Defendants’ Internet Stores look sophisticated and accept payment in

U.S. dollars via credit cards, Western Union, and PayPal. Defendant Internet Stores often include

images and design elements that make it very difficult for consumers to distinguish such

counterfeit sites from an authorized website.

29. Defendants further perpetuate the illusion of legitimacy by offering “live 24/7”

customer service and using indicia of authenticity and security that consumers have come to

associate with authorized retailers, including the McAfee® Security, VeriSign®, Visa®,

MasterCard®, and PayPal® logos.

30. Plaintiff has not licensed or authorized Defendants to use the BELLABOOTY

Patent and/or the BELLABOOTY Trademark, and none of the Defendants are authorized retailers

of the genuine BELLABOOTY Belt.

31. On personal knowledge and belief, Defendants deceive unknowing consumers by

using the BELLABOOTY Patent and/or the BELLABOOTY Trademark registrations without

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authorization within the product descriptions of their Defendant Internet Stores to attract

customers, as well as embodied by the counterfeit products themselves.

32. On personal knowledge and belief, Defendants also deceive unknowing consumers

by using unauthorized search engine optimization (“SEO”) tactics and social media spamming so

that the Defendant Internet Stores listings show up at or near the top of relevant search results and

misdirect consumers searching for the genuine BELLABOOTY Belt.

33. Further, Defendants utilize similar illegitimate SEO tactics to propel new domain

names to the top of search results after others are shut down. As such, Plaintiff also seeks to disable

the domain names owned and/or operated by Defendants that are the means by which the

Defendants could continue to sell counterfeit BELLABOOTY Belts into this District.

34. On information and belief, Defendants go to great lengths to conceal their identities

and often use multiple fictitious names and addresses to register and operate their massive network

of Defendant Internet Stores. For example, it is common practice for counterfeiters to register their

Defendant Internet Stores with incomplete information, randomly typed letters, or omitted cities

or states.

35. On personal knowledge and belief, even though Defendants operate under multiple

fictitious names, there are numerous similarities among the Defendants’ Internet Stores. For

example, some of the Defendant Internet Stores have virtually identical layouts, even though

different aliases were used to register the respective domain names.

36. In addition, the Counterfeit Products for sale in the Defendant Internet Stores bear

similarities and indicia of being related to one another, suggesting that the Counterfeit Products

were manufactured by and come from a common source and that, upon information and belief,

Defendants are interrelated.

37. The Defendant Internet Stores also include other notable common features,

including accepted payment methods, check-out methods, metadata, illegitimate SEO tactics,

HTML user-defined variables, domain redirection, lack of contact information, identically or

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similarly priced items and volume sales discounts, similar hosting services, similar name servers,

and the use of the same text and images.

38. In addition, Defendants in this case and defendants in other similar cases against

online counterfeiters use a variety of other common tactics to evade enforcement efforts. For

example, counterfeiters like Defendants will often register new online marketplace accounts under

User Accounts once they receive notice of a lawsuit.1

39. Counterfeiters also often move website hosting to rogue servers located outside the

United States once notice of a lawsuit is received. Rogue servers are notorious for ignoring take

down demands sent by brand owners.2

40. Counterfeiters also typically ship products in small quantities via international mail

to minimize detection by U.S. Customs and Border Protection. A 2012 U.S. Customs and Border

Protection report on seizure statistics indicated that the Internet has fueled “explosive growth” in

the number of small packages of counterfeit goods shipped through the mail and express carriers.

41. Further, counterfeiters such as Defendants typically operate multiple credit card

merchant accounts and PayPal accounts behind layers of payment gateways so that they can

continue operation in spite of Plaintiff’s enforcement efforts.

42. On personal knowledge and belief, Defendants maintain off-shore bank accounts

and regularly move funds from their PayPal accounts to off-shore bank accounts outside the

jurisdiction of this Court. Indeed, analysis of PayPal transaction logs from previous similar cases

1
https://www.ice.gov/news/releases/buyers-beware-ice-hsi-and-cbp-boston-warn-consumers-
about-counterfeit-goods-during (noting counterfeiters are adept at "setting up online stores to lure
the public into thinking they are purchasing legitimate good on legitimate websites") (last visited
September 15, 2022).
2
While discussed in the context of false pharma supply chains, rogue internet servers and sellers
are a well-known tactic that have even been covered in congressional committee hearings.
https://www.govinfo.gov/content/pkg/CHRG-113hhrg88828/html/CHRG-113hhrg88828.htm
(last visited September 15, 2022).

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indicates that offshore counterfeiters regularly move funds from U.S.-based PayPal accounts to

foreign-based bank accounts outside the jurisdiction of this Court.

43. Defendants, without any authorization or license from Plaintiff, have knowingly

and willfully used and continue to use the BELLABOOTY Patent and/or the BELLABOOTY

Trademark in connection with the advertisement, distribution, offering for sale, and sale of

Counterfeit Products into the United States and Illinois over the Internet.

44. Each Defendant Internet Store offers shipping to the United States, including

Illinois (in this Judicial District) and, on information and belief, each Defendant has offered to sell

counterfeit BELLABOOTY belts into the United States, including Illinois (in this Judicial

District).

45. Defendants’ use of the BELLABOOTY Patent and/or the BELLABOOTY

Trademark in connection with the advertising, distribution, offering for sale, and sale of

Counterfeit Products is likely to cause and has caused confusion, mistake, and deception by and

among consumers and is irreparably harming Plaintiff.

46. Prior to and contemporaneous with their counterfeiting and infringing actions

alleged herein, Defendants had knowledge of Plaintiff’s ownership of the BELLABOOTY Patent

and/or the BELLABOOTY Trademark, of the fame and incalculable goodwill associated therewith

and of the popularity and success of the BELLABOOTY Belt, and in bad faith proceeded to

manufacture, market, develop, offer to be sold, and/or sell the Counterfeit Products.

47. Defendants have been engaging in the illegal counterfeiting and infringing actions,

as alleged herein, knowingly and intentionally, or with reckless disregard or willful blindness to

Plaintiff’s rights, or in bad faith, for the purpose of trading on the goodwill and reputation of

Plaintiff and the BELLABOOTY Belt.

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FIRST CAUSE OF ACTION

DESIGN PATENT INFRINGEMENT
(35 U.S.C. § 271)
[Against Defendants Designated in Schedule A]
48. Plaintiff hereby repeats and incorporates by reference herein the allegations set

forth in the preceding paragraphs of this Complaint.

49. Defendants are and have been making, using, selling, offering for sale, and/or

importing into the United States for subsequent sale or use, without authority, Counterfeit Products

that infringe directly and/or indirectly the BELLABOOTY Patent.

50. For example, below is a comparison of figures from Plaintiff’s BELLABOOTY

Patent and images of one of Defendants’ Counterfeit Products sold on a Defendant Internet Store.

Figures from the BELLABOOTY Patent

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Exemplary Counterfeit Products Sold on Defendant Internet Store

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51. Defendants’ activities constitute willful patent infringement and counterfeiting

under 35 U.S.C. § 271.

52. Defendants have infringed the Plaintiff’s BELLABOOTY Patent through the

aforesaid acts and will continue to do so unless enjoined by this Court. Defendants’ wrongful

conduct has caused Plaintiff to suffer irreparable harm resulting from the loss of its lawful patent

rights to exclude others from making, using, selling, offering for sale, and importing the patented

invention. Plaintiff is entitled to injunctive relief pursuant to 35 U.S.C. § 283.

53. Plaintiff is entitled to recover damages adequate to compensate for the infringement

pursuant to 35 U.S.C. §§ 284 289, including Defendants’ profits.

SECOND CAUSE OF ACTION

TRADEMARK INFRINGEMENT AND COUNTERFEITING (15 U.S.C. § 1114)
[Against Defendants Designated in Schedule A]
54. Plaintiff hereby repeats and incorporates by reference herein its allegations set forth

in the preceding paragraphs of this Complaint.

55. This is a trademark infringement action against Defendants based on their

unauthorized use in commerce of counterfeit imitations of the registered BELLABOOTY

Trademark in connection with the sale, offering for sale, distribution, and/or advertising of

counterfeit goods. The BELLABOOTY Trademark is a highly distinctive mark. Consumers have

come to expect the highest quality from Plaintiff’s BELLABOOTY Belt provided under the

BELLABOOTY Trademark.

56. Defendants have sold, offered to sell, marketed, distributed, and advertised, and are

still selling, offering to sell, marketing, distributing, and advertising products in connection with

the BELLABOOTY Trademark without Plaintiff’s permission.

57. Plaintiff is the registered owner and lawful assignee of the BELLABOOTY

Trademark. The United States Registration for the BELLABOOTY Trademark (Exhibit 2) is in

full force and effect. Upon information and belief, Defendants have knowledge of Plaintiff’s rights

in the BELLABOOTY Trademark and are willfully infringing and intentionally using counterfeits

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of the BELLABOOTY Trademark. Defendants’ willful, intentional, and unauthorized use of the

BELLABOOTY Trademark is likely to cause and is causing confusion, mistake, and deception as

to the origin and quality of the counterfeit goods among the general public.

58. Defendants’ activities constitute willful trademark infringement and counterfeiting

under 15 U.S.C. § 1114, 1117.

59. The injuries and damages sustained by Plaintiff have been directly and proximately

caused by Defendants’ wrongful reproduction, use, advertisement, promotion, offering to sell, and

sale of Counterfeit Products.

60. Plaintiff has no adequate remedy at law, and if Defendants’ actions are not enjoined,

Plaintiff will continue to suffer irreparable harm to their reputation and the goodwill of its well-

known BELLABOOTY Products.

THIRD CAUSE OF ACTION

FALSE DESIGNATION OF ORIGIN (15 U.S.C. § 1125(a))
[Against Defendants Designated in Schedule A]
61. Plaintiff hereby repeats and incorporates by reference herein its allegations set

forth in the preceding paragraphs of this Complaint.

62. Defendants’ promotion, marketing, offering for sale, and sale of Counterfeit

Products has created and is creating a likelihood of confusion, mistake, and deception among the

general public as to the affiliation, connection, or association with Plaintiff or the origin,

sponsorship, or approval of Defendants’ Counterfeit Products by Plaintiff.

63. By using the BELLABOOTY design and marks in connection with the sale of

Counterfeit Products embodying the BELLABOOTY Patent Registration and/or the

BELLABOOTY Trademark Registration, Defendants create a false designation of origin and a

misleading representation of fact as to the origin and sponsorship of the Counterfeit Products.

64. Defendants’ conduct constitutes willful false designation of origin and

misrepresentation of fact as to the origin and/or sponsorship of the Counterfeit Products to the

general public under 15 U.S.C. §§ 1114, 1125.

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65. Plaintiff has no adequate remedy at law, and, if Defendants’ actions are not

enjoined, Plaintiff will continue to suffer irreparable harm to their reputation and the goodwill of

their brand.
FOURTH CAUSE OF ACTION
VIOLATION OF ILLINOIS UNIFORM DECEPTIVE TRADE PRACTICES ACT
(815 ILCS § 510/1, et seq.)
[Against Defendants Designated in Schedule A]

66. Plaintiff hereby repeats and incorporates by reference herein the allegations set

forth in the preceding paragraphs of this Complaint.

67. Plaintiff has not licensed or authorized Defendants to use the BELLABOOTY

Patent and/or the BELLABOOTY Trademark, and none of the Defendants are authorized retailers

of the genuine BELLABOOTY Belt.

68. Defendants knowingly and intentionally trade upon Plaintiff’s reputation and

goodwill by selling and/or offering for sale products in connection with Plaintiff’s

BELLABOOTY Patent and/or BELLABOOTY Trademark.

69. Defendants’ promotion, marketing, offering for sale, and sale of Counterfeit

Products has created and is creating a likelihood of confusion, mistake, and deception among the

general public as to the quality, affiliation, connection, or association with Plaintiff or the origin,

sponsorship, or approval of Defendants’ Counterfeit products by Plaintiff.

70. Defendants knew, or should have known, that their promotion, marketing, offering

for sale, and sale of counterfeit BELLABOOTY products has caused and will continue to cause

confusion, mistake, and deception among purchasers, users, and the public.

71. In fact, Defendants have fraudulently represented by their statements and actions

that the Counterfeit Products are Plaintiff’s products including, for example, by: (i) using SEO

tactics and social media to misdirect customers seeking BELLABOOTY Products to Defendants’

online marketplace accounts; (ii) using deceptive advertising practices within the text and metadata

of the online marketplace accounts; and (iii) taking other steps to deceive and confuse the

consuming public.

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72. On information and belief, Defendants’ conduct is willful and intentional as

Defendants attempt to avoid liability by concealing their identities, using multiple fictitious names

and addresses to register and operate their illegal counterfeiting operations and Defendant Internet

Stores.

73. Plaintiff has no adequate remedy at law, and Defendants’ conduct has caused

Plaintiff to suffer damage to their reputation and goodwill. Unless enjoined by the Court, Plaintiff

will suffer future irreparable harm as a direct result of Defendants’ unlawful activities.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff pray for judgment against Defendants and each of them as

follows:

1. That 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 temporarily, preliminarily, and permanently enjoined and restrained from:

a. making, using, offering for sale, selling, and/or importing into the United

States for subsequent sale or use any products not authorized by Plaintiff

and that include any reproduction, copy or colorable imitation of the designs

claimed in the BELLABOOTY Patent and/or BELLABOOTY Trademark;

b. passing off, inducing, or enabling others to sell or pass off any product as

the genuine BELLABOOTY Belt or any other product produced by Plaintiff

that is not Plaintiff’s or not produced under the authorization, control, or

supervision of Plaintiff and approved by Plaintiff for sale under the

BELLABOOTY Patent and/or BELLABOOTY Trademark;

c. committing any acts calculated to cause consumers to believe that

Defendants’ Counterfeit Products are those sold under the authorization,

control, or supervision of Plaintiff, or are sponsored by, approved by, or

otherwise connected with Plaintiff;

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d. further infringing the BELLABOOTY Patent and/or the BELLABOOTY

Trademark and damaging Plaintiff’s goodwill;

e. aiding, abetting, contributing to, or otherwise assisting anyone in infringing

upon the BELLABOOTY Patent and/or the BELLABOOTY Trademark;

f. otherwise competing unfairly with Plaintiff in any manner;

g. shipping, delivering, holding for sale, transferring, or otherwise moving,

storing, distributing, returning, or otherwise disposing of, in any manner,

products or inventory not manufactured by or for Plaintiff, nor authorized

by Plaintiff to be sold or offered for sale, and which copy the

BELLABOOTY Patent and/or BELLABOOTY Trademark or any

reproductions, counterfeit copies, or colorable imitations thereof;

h. using, linking to, transferring, selling, exercising control over, or otherwise

owning any online marketplace accounts, the Defendant Domain Names, or

any other domain name or online marketplace account that is being used to

sell or is the means by which Defendants could continue to sell Counterfeit

Products; and

i. operating and/or hosting online marketplace accounts at the Defendant

Internet Stores that are involved with the distribution, marketing,

advertising, offering for sale, or sale of any product embodying the

BELLABOOTY Design Patent Registration and/or the BELLABOOTY

Trademark, or any reproduction, counterfeit copy or colorable imitation

thereof that is not a genuine BELLABOOTY Belt or not authorized by

Plaintiff to be sold in connection with the BELLABOOTY Patent and/or the

BELLABOOTY Trademark.

2. Entry of an Order that any online marketplace account provider:

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a. disable and cease providing services for any accounts through which

Defendants engage in the sale of Counterfeit Products, including any

accounts associated with the Defendants listed on Schedule A;

b. disable and cease displaying any advertisements used by or associated

with Defendants in connection with the sale of Counterfeit Products; and

c. take all steps necessary to prevent links to the Defendant Internet Stores

identified on Schedule A from displaying in search results, including, but

not limited to, removing links to the Defendant Internet Stores from any

search index.

3. That Defendants account for and pay to Plaintiff all profits realized by Defendants

by reason of Defendants’ unlawful acts herein alleged.

4. In the alternative, that Plaintiff be awarded statutory damages pursuant to 15 U.S.C.

§ 1117(c) of not less than $1,000 and not more than $2,000,000 for each and every use of the

BELLABOOTY Trademark;

5. That Plaintiff be awarded such damages as it shall prove at trial against Defendants

that are adequate to compensate Plaintiff for Defendants’ infringement of the BELLABOOTY

Patent, but in no event less than a reasonable royalty for the use made of the invention by the

Defendants, together with interest and costs, pursuant to 35 U.S.C. § 284;

6. That the amount of damages awarded to Plaintiff to compensate Plaintiff for

infringement of Plaintiff’s BELLABOOTY Patent be increased by three times the amount thereof,

as provided by 35 U.S.C. § 284;

7. In the alternative, that Plaintiff be awarded all profits realized by Defendants from

Defendants’ infringement of Plaintiff’s BELLABOOTY Patent, pursuant to 35 U.S.C. § 289;

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8. That Plaintiff be awarded its reasonable attorneys’ fees and costs; and

9. Award any and all other relief that this Court deems just and proper.

Dated: May 10, 2023 Respectfully submitted,

THOITS LAW

By: /s/ Anna Iskikian

Anna Iskikian
400 Main Street, Suite 250
Los Altos, CA 94022
(650) 327-4200
[email protected]

David E. Hutchinson
1136 S. Delano Court West
Ste B201 #2068
Chicago, IL 60605
(650) 327-4200
[email protected]

Attorneys for Plaintiff

Believe Pursue LLC

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