Chen v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:25-25262-CV-MARTINEZ
YINBING CHEN,
Plaintiff,
v.
THE INDIVIDUALS, PARTNERSHIPS,
AND UNINCORPORATED
ASSOCIATIONS IDENTIFIED ON
SCHEDULE A,
Defendants.
_______________________________________/
REPORT AND RECOMMENDATION ON PLAINTIFF’S
MOTION FOR ENTRY OF PRELIMINARY INJUNCTION
This matter is before the Court on Plaintiff’s Motion for Entry of Preliminary Injunction.
ECF No. 32.1 Plaintiff seeks the entry of a preliminary injunction, including the entry of an order
restraining assets, against Defendants FineWay, MIVERYEA, Cloakman, QH INC, lucky lin, Alli-
beauty, DGDUBRB, and Pupu Network Technology (collectively, “Defendants”),2 based on
alleged patent infringement, pursuant to the Court’s inherent authority, 35 U.S.C. § 283, Fed. R.
Civ. P. 65, and the All Writs Act, 28 U.S.C. § 1651(a).
1 The Honorable Jose E. Martinez referred Plaintiff’s Motion for Entry of Preliminary Injunction
to the undersigned. ECF No. 33.
2 The Motion for Entry of Preliminary Injunction originally sought relief against the fourteen
defendants 	referred 	to 	in 	the Amended 	Complaint 	as 	the 	Individuals, 	Partnerships, 	and
Unincorporated Associations identified on Schedule A. See ECF No. 32. Schedule A can be found
on the public docket, including within the Amended Complaint. See ECF No. 15-1. On January
27, 2026, however, Plaintiff filed a notice of voluntary dismissal as to six of the fourteen
defendants: Joyhalo, Newway-Pwer, THT Trading Co., Ltd., KBISHTIE, dwnkove-US, and
visnfa. ECF No. 27. Accordingly, this Report and Recommendation addresses Plaintiff’s requests
for relief only as to Defendants FineWay, MIVERYEA, Cloakman, QH INC, lucky lin, Alli-beauty,
DGDUBRB, and Pupu Network Technology (collectively, “Defendants”). A Revised Schedule A
listing the Defendants who are the subject of this Report and Recommendation is attached hereto.
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The Court held a hearing on February 10, 2026, at which only counsel for Plaintiff was
present and available to provide evidence supporting Plaintiff’s motion. 	Defendants have not
responded to Plaintiff’s motion, have not made any filings in this case, and have not appeared in
this matter, either individually or through counsel. 	Having reviewed Plaintiff’s motion, the
pertinent portions of the record, and the relevant legal authorities, and for the reasons discussed
below, the undersigned RESPECTFULLY RECOMMENDS that Plaintiff’s Motion for Entry of
Preliminary Injunction, ECF No. 32, be GRANTED.
I. 	FACTUAL BACKGROUND
Plaintiff Yinbing Chen is the owner of U.S. Patent No. D1,007,236S (the “’236 Patent” or
the “Griddle”), which was lawfully issued on December 12, 2023 and is registered with the United
States Patent and Trademark Office. See ECF No. 32-1 at ¶ 3; ECF No. 32-2. Plaintiff’s products,
including the Griddle, are known for their distinctive patented designs. ECF No. 32-1 at ¶ 8. The
Griddle products embodying these designs are associated with arduous quality standards and
innovative structure and design. Id. at ¶ 6. Plaintiff uses distinct patented designs that are broadly
recognized by consumers, including but not limited to the ’236 Patent designs, in connection with
his Griddle products. Id. at ¶ 8.
Defendants, through the e-commerce stores operating under their seller storefronts
identified on Schedule A, have promoted, offered for sale, sold, and/or imported products bearing
Plaintiff’s ’236 Patent (“Infringing Products”). See ECF No. 32-1 at ¶¶ 7-12; ECF No. 19-6 at ¶ 2;
see also, e.g., ECF Nos. 32-3, 32-4. Each Defendant offers to ship Infringing Products nationwide,
including to the State of Florida. 	ECF No. 32-1 at ¶¶ 9, 11. While the Infringing Products are
similar or even identical to Plaintiff’s Griddle products, they are of poor quality and expose
customers to safety risks, leading consumers who mistakenly purchased Infringing Products to
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question and criticize Griddle products, adversely impacting Plaintiff’s goodwill. ECF No. 32-1
at ¶ 7.
Plaintiff has submitted sufficient evidence showing that each Defendant has infringed at
least one or more designs of the ’236 Patent. See ECF No. 32-1 at ¶¶ 9-10; ECF No. 19-6 at ¶ 2;
ECF No. 32-3; ECF No. 32-4. Defendants are not licensed or authorized to use the ’236 Patent,
and none of the Defendants are authorized retailers of genuine Griddle products. See ECF No. 32-
1 at ¶ 12; see also id. at ¶ 9. Plaintiff investigated Defendants’ infringing activities by analyzing
each of their e-commerce stores operating under the seller storefronts listed in Schedule A and
determined that Defendants were offering for sale Infringing Products bearing the ’236 Patent.
ECF No. 32-1 at ¶¶ 9-10. Specifically, Plaintiff examined the products displayed on Defendants’
storefronts, the price at which the products were offered for sale, shipping information for the
products, the address for each e-commerce store published online, and other features commonly
associated with e-commerce stores selling infringing products, see id.; ECF No. 10-1 at ¶ 5; see
also ECF No. 32-4; ECF No. 32-5, as well as photographs of the products purchased from each
Defendant’s e-commerce storefront, see ECF No. 32-1 at ¶¶ 9-10; ECF No. 32-3; ECF No. 32-4,
and concluded that Defendants were offering for sale Infringing Products, see ECF No. 32-1 at
¶¶ 9-10.
On November 12, 2025, Plaintiff filed a Complaint against Defendants for design patent
infringement (Count I). 	On November 26, 2025, Plaintiff filed an Amended Complaint re-
asserting the same claim against Defendants. ECF No. 15. On the same date, Plaintiff filed an Ex
Parte Motion for Entry of Temporary Restraining Order, ECF No. 11, and a Motion for Order
Authorizing Alternate Service of Process on Defendants, ECF No. 10. On December 16, 2025,
the Court entered an Order granting Plaintiff’s Motion for Entry of Temporary Restraining Order,
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ECF No. 21, and an Order granting Plaintiff’s Motion for Order Authorizing Alternate Service of
Process, ECF No. 22.
Pursuant to the December 16, 2025 Orders, Plaintiff served each Defendant, by e-mail and
through Plaintiff’s designated website for serving notice, with a copy of the Amended Complaint
and other filings in this matter. See ECF No. 25. Plaintiff subsequently served each Defendant
with a copy of Plaintiff’s Motion Entry of Preliminary Injunction and the Court’s Order Setting
Preliminary Injunction Hearing and Briefing Schedule. See ECF No. 35.
II. 	LEGAL STANDARD
Plaintiff seeks a preliminary injunction pursuant to Federal Rule of Civil Procedure 65. To
obtain a preliminary injunction, Plaintiff must establish “(1) a substantial likelihood of success on
the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the
threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that the
entry of the relief would serve the public interest.” Schiavo ex. rel. Schindler v. Schiavo, 403 F.3d
1223, 1225-26 (11th Cir. 2005); see also Levi Strauss & Co. v. Sunrise Int’l Trading Inc., 51 F.3d
982, 985 (11th Cir. 1995).
As outlined below, Plaintiff submitted sufficient evidentiary support to warrant enjoining
Defendants from engaging in the alleged infringing activities. See e.g., Louis Vuitton Malletier,
S.A. v. Lin, No. 10-61640-CIV-HUCK, 2010 WL 11550032 (S.D. Fla. Sept. 2010) (granting
preliminary injunction against the defendants who failed to respond or appear in the case after the
plaintiff presented sufficient evidence of infringing activity to support its motion for preliminary
injunction).
III. 	ANALYSIS
The declarations and exhibits that Plaintiff submitted in support of its motion support the
following conclusions of law:
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A. Plaintiff has a substantial likelihood of success on the merits of its claims. Plaintiff has
a strong probability of proving at trial that Defendants have promoted, offered for sale,
sold, and/or imported products that infringe directly and/or indirectly the designs in
Plaintiff’s ’236 Patent.
B. Because of the infringement of Plaintiff’s ’236 Patent, Plaintiff is likely to suffer
immediate and irreparable injury if a preliminary injunction is not granted. 	The
following specific facts—as set forth in Plaintiff’s Amended Complaint, the instant
motion, and declarations and exhibits accompanying the motion, Plaintiff’s Ex Parte
Motion for Entry of Temporary Restraining Order (ECF No. 11), and Plaintiff’s Motion
for Order Authorizing Alternate Service of Process on Defendants (ECF No. 10)—
demonstrate that 	immediate and irreparable loss, damage, and injury will result to
Plaintiff and to consumers if a preliminary injunction is not issued:
i. 	Defendants own, operate, and/or control interactive e-commerce stores on
Amazon.com and Walmart.com operating under the Shop Names identified in
Schedule A which promote, offer for sale, sell, and/or import into the United
States Infringing Products in violation of Plaintiff’s rights; and
ii. 	There is good cause to believe that more Infringing Products will appear in the
marketplace and that Plaintiff may suffer loss of sales for Plaintiff’s genuine
Griddle products as well as loss of goodwill.
C. The balance of potential harm to Defendants in restraining their trade in Infringing
Products through their e-commerce stores and freezing their ill-gotten profits if a
preliminary injunction is issued is far outweighed by the potential harm to Plaintiff, its
exclusive right as to Plaintiff’s ’236 Patent, Plaintiff’s reputation, and its goodwill if
such relief is not issued.
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D. The public interest favors issuance of a preliminary injunction to protect Plaintiff’s
respective interests and protect the public from being defrauded by the promotion,
offering for sale, selling, and/or importation of Infringing Products.
E. 	The Patent Act authorizes courts to issue injunctive relief “in accordance with the
principles of equity to prevent the violation of any right secured by patent, on such
terms as the court deems reasonable.” 35 U.S.C. § 283.
F. 	Requesting equitable relief “invokes the district court’s inherent equitable powers to
order preliminary relief, including an asset freeze, in order to assure the availability of
permanent relief.” Levi Strauss & Co., 51 F.3d at 987 (citing FTC v. United States Oil
& Gas Corp., 748 F.2d 1431, 1433-34 (11th Cir. 1984)).
G. In light of the inherently deceptive nature of the counterfeiting business, and the
likelihood that Defendants have violated federal patent laws, Plaintiff has good reason
to believe Defendants will hide or transfer their ill-gotten assets beyond the jurisdiction
of this Court unless those assets are restrained.
IV. 	CONCLUSION
For the foregoing reasons, the undersigned RESPECTFULLY RECOMMENDS that
Plaintiff’s Motion for Entry of Preliminary Injunction, ECF No. 32, be GRANTED. 	The
undersigned further recommends that the preliminary injunction provide as follows:
(1) 	Each Defendant, their affiliates, officers, agents, servants, employees, attorneys,
confederates, and all persons acting for, with, by, through, under, or in active concert
with them shall be preliminarily enjoined and restrained from:
a. 	offering for sale, selling, and importing any products not authorized by Plaintiff
and that include any reproduction, copy, or colorable imitation of the designs
claimed in Plaintiff’s ’236 Patent;
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b. 	aiding, abetting, contributing to, or otherwise assisting anyone in infringing upon
Plaintiff’s ’236 Patent; and
c. 	effecting assignments or transfers, forming new entities or associations, or
utilizing any other device for the purpose of circumventing or otherwise avoiding
the prohibitions set forth in Subparagraphs (a) and (b).
(2) 	Each Defendant and any person in active concert or participation with them who has
actual notice of this Order shall be preliminarily restrained and enjoined from
transferring or disposing of any money or other of Defendants’ assets until further
ordered by this Court.
(3) 	Within five (5) business days of receipt of this Order, any third-party providers,
including PayPal and Amazon Pay, shall, to the extent not already done, for any of
Defendants or any of Defendants’ Online Markets, Shop Names, or websites:
a. 	Locate all accounts and funds connected to Defendants’ Shop Names and Online
Markets, including, but not limited to, any financial accounts connected to the
information listed in Revised Schedule A attached hereto; and
b. 	Restrain and enjoin any such accounts or funds from transferring or disposing of
money or any other of Defendants’ assets until further ordered by this Court.
(4) 	Pursuant to 35 U.S.C. § 283 and Federal Rule of Civil Procedure 65(c), Plaintiff
shall maintain its previously posted bond in the amount of Ten Thousand Dollars
and Zero Cents ($10,000.00), to pay for any costs or damages to which any party
may be entitled for a wrongful injunction or restraint, during the pendency of this
action, or until further order of the Court. In the Court’s discretion, the bond may
be subject to increase should a motion be made in the interest of justice.
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(5) 	This Preliminary Injunction shall remain in effect during the pendency of this action
or until such further date set by the Court.
(6) 	This Preliminary Injunction shall apply to the Shop Names identified in the Revised
Schedule A attached hereto, associated e-commerce stores and websites, and any
other seller identification names, domain names, e-commerce stores, websites, or
financial accounts which are being used by Defendants for the purpose of offering
for sale, selling, or distributing Infringing Products.
(7) 	This Preliminary Injunction shall no longer apply to any Defendant or associated e-
commerce store name dismissed from this action or as to which Plaintiff has
withdrawn its request for a preliminary injunction.
(8) 	Any Defendant or financial institution account holder subject to this Preliminary
Injunction may petition the Court to modify the asset restraint set out in this
Preliminary Injunction.
(9) 	Any Defendant subject to this Preliminary Injunction may appear and move to
dissolve or modify the Preliminary Injunction on two-days’ notice to Plaintiff or on
shorter notice as set by this Court.
Plaintiff’s counsel SHALL SERVE a copy of this Report and Recommendation on
Defendants by no later than February 11, 2026 and shall file proof of service thereof.
Pursuant to Local Magistrate Rule 4(b), the Court finds good cause to EXPEDITE the
period to serve and file written objections to this Report and Recommendation, if any, with the
Honorable Jose E. Martinez, United States District Judge. Accordingly, the parties shall have until
February 17, 2026 to file and serve any written objections to this Report and Recommendation.
Failing to file timely objections will bar a de novo determination by the District Judge of any issue
addressed in the Report and Recommendation, will constitute a waiver of a party’s “right to
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challenge 	on 	appeal 	the 	district 	court’s 	order 	based 	on 	unobjected-to 	factual 	and 	legal
conclusions,” and will only allow appellate review of the district court order “for plain error if
necessary in the interests of justice.” 11th Cir. R. 3-1; 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474
U.S. 140 (1985); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989); see also Harrigan v.
Metro-Dade Police Dep’t Station #4, 977 F.3d 1185, 1191-92 (11th Cir. 2020).
RESPECTFULLY RECOMMENDED in Chambers in Miami, Florida, on this 10th day
of February 2025.
___________________________________
EDUARDO I. SANCHEZ
UNITED STATES MAGISTRATE JUDGE
cc: 	Hon. Jose E. Martinez
Counsel of Record
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REVISED SCHEDULE A
NO. 	Platform 	Shop
Name
Online Market
2 	Amazon 	FineWay 	https://www.amazon.com/Inch-Blackstone-Griddle-Cover-
WrapAround/dp/B0D9ND9SNP/ref=sr_1_1?dib=eyJ2IjoiMSJ9
.7ZvUaDcqCTSEM74hnAAAUqXN9G9LL4BrPNyvkiXdb6G
haiS63YqSHHWPss
1KLrbB.vCcddx48FPn9K6DyitSvbpkFkrEx41x7HrNNg77An
U&dib_tag=se&m=A2TRNPLA6S18IB&marketplaceID=ATV
PDKIKX0DER&qid=1758942032&s=mercha nt-items&sr=1-
1&th=1
3 	Amazon 	MIVER
YEA
https://www.amazon.com/Blackstone-Accessories-Wrap-
AroundFood-
GradeProtection/dp/B0F1374356/ref=sr_1_5?dib=eyJ2IjoiMSJ
9.--
JY8THbgYAsvC0BpoKMxuFclr3kR26QA_XX_WbELc60LnR
1i0QJz
rDhAbIEC3fv3nkyk0t73PWOZb_GM3RGbCoYsepe3ClDoLW
Q0S9E
aQDkQhEB1FW4B3gifkMYDOoWHo6Gk1a395XJ6LZz3DYf
AiIBWYFaGeSFmNvxTWzjeOS1dbtlCqxXppeD-
EouhU5ASYl7FzHJXGwsEMicWww.5_2nOsaufzt_75ph7BCl
8Db5hYzkCt
kj4jNEv5GLRc&dib_tag=se&m=ACU8YC3YSHZI4&marketp
laceID=AT VPDKIKX0DER&qid=1758942233&s=merchant-
items&sr=1-5&th=1
4 	Amazon 	Cloakm
an
https://www.amazon.com/Full-Edge-Blackstone-All-
SeasonProtectionCombination/dp/B0FG23B3YJ/ref=sr_1_67?c
rid=35JC88TVVPGH5& dib=eyJ2IjoiMSJ9.--5-
OfBrnDwOWaQ7bNUsXHpCYTwxi9gfHzAHcY4TCkjIvtyUf
KAEF
mR8e0nK1ckGDXVr4I_SIAA4NnDhtHfjdhaORcJ1ANVPh32
CyJZjC
zYj_m00sEiSVg1tbmIzJCBeT8dSFCk6ay56qLhcPhYSDsilZB
MkWFK_xzv4M
unA_U.Ql68K4yuqspJUC4Ow7lyxAa82kj6Ww8d9nA4fvKgFt
Q&dib
_tag=se&keywords=blackstone%2Bgriddle%2Bcover&qid=17
589440
23&sprefix=blackstone%2Bgriddle%2B%2Caps%2C528&sr=8
- 67&xpid=QT4N9eIsluyiR&th=1
5 	Amazon 	QH INC 	https://www.amazon.com/Blackstone-Upgraded-Silicone-
Protective-
Accessories/dp/B0DRDBLWXV/ref=sr_1_70?crid=35JC88TV
VPGH5&dib=eyJ2IjoiMSJ9.--5-
OfBrnDwOWaQ7bNUsXHpCYTwxi9gfHzAHcY4TCkjIvtyUf
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KAEFmR8e0nK1ckGDXVr4I_SIAA4NnDhtHfjdhaORcJ1AN
VPh32CyJZjCzYj_m00s-
EiSVg1tbmIzJCBeT8dSFCk6ay56qLhcPhYSDsilZBMkWFK_
xzv4MunA_U.Ql68K4yuqspJUC4Ow7lyxAa82kj6Ww8d9nA4
fvKgFtQ&dib_tag=se&keywords=blackstone+griddle+cover&
qid=1758944023&sprefix=blackstone+griddle+%2Caps%2C52
8&sr=8-70&xpid=QT4N9eIsluyiR
8 	Amazon 	lucky lin 	https://www.amazon.com/Silicone-Blackstone-Protective-
Accessories-
Protection/dp/B0F244Z5SS/ref=sr_1_82_sspa?crid=35JC88TV
VPGH5&dib=eyJ2IjoiMSJ9._-
3BJRAcpR4vP6xeKUnY_gZT9z015S7TeMQR24-
3FbQ.jdUZJsJ9l0r0t7qyw8dfyb-
myqZC6PxFuxzpB8G3o20&dib_tag=se&keywords=blackstone
%2Bgriddle%2Bcover&qid=1759018132&sprefix=blackstone
%2Bgriddle%2B%2Caps%2C528&sr=8-82-
spons&xpid=QT4N9eIsluyiR&sp_csd=d2lkZ2V0TmFtZT1zcF
9hdGZfbmV4dA&th=1
11 	Amazon 	Alli-
beauty
https://www.amazon.com/Alliggic-Wrap-Around-Blackstone-
Mat%EF%BC%8CPremium-
Accessories/dp/B0DYH7269Z/ref=sr_1_166?crid=35JC88TVV
PGH5&dib=eyJ2IjoiMSJ9.jlo-u-
a6CYtWLgRMpU0cQXnRfOjMq1-IK5vKZWGv9TPSogQ04-
0t8eIdKBEsZ-
wcTRNlfLUi6kCmAuaTwHA7daEB6kayykIRG_Z5OGANXL
pXQTSyufqo2afhs_luVXvCREXb2YzKEbWFEQBGd79hTZ3
xyFYwjmSOIoq0_Cr3fEc.MPBXNM3ZSJFo_-
RizmUE2kyzXKYAIIJAgo3B3ikiG1g&dib_tag=se&keywords
=blackstone%2Bgriddle%2Bcover&qid=1759020070&sprefix=
blackstone%2Bgriddle%2B%2Caps%2C528&sr=8-
166&xpid=QT4N9eIsluyiR&th=1
13 	Amazon 	DGDUB
RB
https://www.amazon.com/DGDUBRB-Blackstone-Accessories-
Comprehensive-
Protection/dp/B0FC2BS9VF/ref=sr_1_201?crid=35JC88TVVP
GH5&dib=eyJ2IjoiMSJ9.BCbsFu6RjN5EN8il09uJn3Oi1Nype
DgCzl46vDjwQdVXV1btnxR2gIDalsNBP-
qYlPWHyimBsn8QaUv671035TKEnrhMRlpM-RVeEhc1zmq-
K5-
v06wYqkXA_a4BbsSyevJlict2OW8AT0JCwQGJLHwBsCijo0f
eh2pURFbeRsgj4DHTfSyy414-
s1V30ZyzLUJ7GC_8FxViAlR7VoQQCw.cKTG1qnqrUAjnKS
xYQxI0jQ4BdwDjy8gbUXwiKY9ud4&dib_tag=se&keywords
=blackstone%2Bgriddle%2Bcover&qid=1759020993&sprefix=
blackstone%2Bgriddle%2B%2Caps%2C528&sr=8-
201&xpid=QT4N9eIsluyiR&th=1
14 	Walmart 	Pupu
Network
https://www.walmart.com/ip/Griddle-Cover-Blackstone-28-
inch-Blackstone-Accessories-Silicone-Mat-Blackstone-Griddle-
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Technol
ogy
Cover-Full-Wrap-Around-Protective-Black-Stone-Grilling-
Cover/15738907525?classType=VARIANT&athbdg=L1600&fr
om=/search
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