MANHATTAN (LN) — U.S. District Judge Lewis J. Liman on Thursday granted Lashify Inc.’s request for a preliminary injunction against Qingdao Mars Culture Media Co. Ltd. and related entities, finding Lashify likely to prevail on its patent infringement claims and ordering the defendants to halt sales of infringing products on TikTok Shop and other platforms.
Lashify, the maker of the Gossamer® lash extension system, sued the Chinese companies for infringing its utility patents, U.S. Patent Nos. 11,253,020 and 12,171,290, and its design patent, U.S. Patent No. D1,009,374. The defendants, operating under trade names including Ucoolme and Airycute, were selling lash clusters and kits on TikTok Shop and their own websites that Liman found likely infringed Lashify’s patents.
The court’s order, issued after a show-cause hearing, enjoins the defendants from manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, making, using, offering for sale, or selling the infringing products. The injunction also bars them from using social media accounts on Facebook, Instagram, and TikTok to advertise, promote, offer for sale, or sell the infringing products.
Liman wrote that Lashify had shown it was likely to prevail on its Patent Act claims and that the defendants’ infringements were causing the company and consumers “immediate and irreparable losses.” The judge noted Lashify had “well-founded fears” that consumers would be misled of the infringing products, resulting in injury to Lashify’s reputation and goodwill.
“The balance of potential harm to Defendants of being prevented from continuing to profit from its illegal and infringing activities if a preliminary injunction order is issued is far outweighed by the potential harm to Plaintiff, its business, the goodwill and reputation built up in and associated with the Lashify Patents and to its reputation if the relief granted is not continued through the pendency of this action,” Liman wrote.
The order also maintains an asset restraint previously granted in a temporary restraining order. The defendants and their financial institutions, including PayPal, Payoneer, PingPong, TikTok Shop Payment services, and Meta Payments, are enjoined from secreting, concealing, transferring, or disposing of the defendants’ assets.
Liman ordered the defendants to provide written responses to interrogatories and produce documents within 14 days of service. Financial institutions must provide account details, balances, and transaction records for the previous year. Third-party service providers, including Alibaba Cloud and social media platforms, must also produce records related to the defendants’ websites, user accounts, and merchant storefronts.
The court authorized service of the order on the defendants via email to addresses such as airycutelash@outlook.com and info@ucoolmelashes.com, and publication on a secure website. The defendants, who have physical addresses in China, must also be served in accordance with the Hague Convention, with Lashify required to update the court on the status of service every three months.
Lashify posted a $5,000 bond for the injunction, which will remain with the court until final disposition.
Epstein Drangel LLP represented Lashify.