Yinnv Liu sued hundreds of foreign online vendors in what's known as a Schedule A case, alleging they infringed her registered trademark for three stylized Chinese characters through e-commerce stores on platforms like Walmart.com and eBay.com. The defendants, including Monthly and multiple Joybuy entities based in China, failed to appear in district court, leading to a default judgment in August 2024.
Writing for the three-judge panel, Circuit Judge Kirsch found that U.S. District Judge John Robert Blakey "clearly erred in finding that the defendants sold products to Illinois customers." The evidence showed only that defendants' products could be shipped to Illinois, not that actual sales occurred, with screenshots showing checkout pages but "not a completed purchase," Kirsch explained.
The defendants appeared for the first time in January 2025 and moved to vacate the default judgment under Federal Rule of Civil Procedure 60(b), arguing the district court lacked personal jurisdiction and they weren't properly served. Despite Liu's failure to respond to the motion, Judge Blakey denied it, reasoning he had previously found both personal jurisdiction and proper service.
The ruling underscores the higher bar for establishing personal jurisdiction in Schedule A trademark cases, where courts need evidence of completed sales rather than just accessibility and shipping capabilities. The decision could impact similar mass litigation against overseas e-commerce vendors, as the court emphasized that operating an accessible website alone isn't sufficient to establish jurisdiction.