LAN v. Jiujiu Zhu Shenzhen Property Service Co Ltd

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Dun Lan (China)
  • Defendant: Jiujiu Zhu Shenzhen Property Service Co., Ltd (China)
  • Plaintiff’s Counsel: Stratum Law LLC
• Case Identification: 1:26-cv-00917, N.D. Ill., 02/06/2026
• Venue Allegations: Venue is based on the Defendant being a foreign entity. The complaint alleges personal jurisdiction exists because the Defendant directs business activities to the U.S. and Illinois through interactive commercial websites, has made sales to Illinois residents, and has stored products in Amazon fulfillment centers within Illinois.
• Core Dispute: Plaintiff alleges that Defendant’s HVAC Adaptor Cord, sold online, infringes a U.S. design patent covering the ornamental appearance of such a cord.
• Technical Context: The dispute concerns the specific aesthetic design of an electrical accessory used in the heating, ventilation, and air conditioning (HVAC) industry.
• Key Procedural History: This First Amended Complaint was filed in response to a court order questioning the propriety of joinder in the original complaint. The Plaintiff narrowed the case from multiple defendants to a single named defendant, a common procedural step in cases initially targeting numerous online sellers.

Case Timeline

II. Technology and Patent(s)-in-Suit Analysis

U.S. Design Patent No. D985,513 - "HVAC Adaptor Cord"

• Patent Identification: U.S. Design Patent No. D985,513, "HVAC Adaptor Cord," issued May 9, 2023.

The Invention Explained

• Problem Addressed: Design patents protect ornamental appearance rather than functional solutions. The '513 Patent addresses the aesthetic challenge of creating a new, original, and non-obvious ornamental design for an HVAC adaptor cord D’513 Patent, title D'513 Patent, Claim
• The Patented Solution: The patent protects the specific visual appearance of the cord as depicted in its figures D’513 Patent, FIGS. 1-15 The claimed design consists of a single cord that splits in a Y-formation into three separate wires, each terminating in a distinctively shaped alligator-style clip D’513 Patent, FIG. 1 The other end of the cord terminates in a rectangular connector with specific surface details and a protruding keyed plug element D’513 Patent, FIG. 11 The overall visual impression is defined by the combination of these features as illustrated from multiple perspectives D’513 Patent, Description

Key Claims at a Glance

• Design patents contain a single claim. The asserted claim is for "The ornamental design for a HVAC adaptor cord, as shown and described" (D’513 Patent, Claim).

III. The Accused Instrumentality

Product Identification

The "HVAC Adaptor Cord" offered for sale and sold by Defendant Jiujiu Zhu Shenzhen Property Service Co., Ltd, operating under names including "Gold JX," the "Btanadi Amazon Store," and the "Boompark Amazon Store" Compl. ¶¶1-2

Functionality and Market Context

The complaint identifies the accused product by its name and alleges it is sold through various online storefronts on Amazon Compl. ¶¶1-2 The core allegation is not about the product's function but its appearance, which is described as "nearly identical" and "practically identical" to the patented design Compl. ¶9 Compl. ¶18 The complaint alleges the Defendant uses multiple storefronts and fictitious names to conceal the extent of its operations Compl. ¶11 The complaint includes a visual representation of the infringing product in its Exhibit 1, which shows a cord with a three-pronged, alligator-clip termination and a rectangular connector at the base Compl. p.2

IV. Analysis of Infringement Allegations

The complaint references a claim chart in Exhibit 4, which was not available for review Compl. ¶18 The infringement theory is therefore summarized from the complaint's narrative allegations.

The central infringement allegation is that the Defendant’s products create the "same overall visual impression on an ordinary observer as the design disclosed in the Asserted Patent" Compl. ¶18 This language directly invokes the legal standard for design patent infringement established in Egyptian Goddess, Inc. v. Swisa, Inc. The complaint asserts that the accused products are "practically identical to the asserted design," which it claims creates a "strong presumption of copying" Compl. ¶18 The complaint provides a claim chart in Exhibit 4, which it states compares the patented design to the Defendant's products sold on Amazon Compl. ¶18

• Identified Points of Contention:
  • Scope Questions: The primary question will be whether an ordinary observer, giving such attention as a purchaser usually gives, would be induced to purchase the Defendant's cord believing it to be the Plaintiff's patented design. The dispute will center on the holistic visual comparison of the products.
  • Technical Questions: A potential defense could involve arguing that any similarities between the accused product and the patented design are dictated by the article's function. The question for the court may be whether the specific shapes of the alligator clips, the Y-splitter, and the rectangular connector are primarily ornamental, as claimed, or are instead functional features common to such cords, which would place them outside the scope of design patent protection.

V. Key Claim Terms for Construction

Claim construction is generally not a central issue in design patent cases. The single claim incorporates the figures by reference, and its scope is understood to be the overall ornamental design as depicted in those drawings. The analysis is a visual comparison rather than a textual one. Therefore, there are no specific claim terms whose construction is likely to be a dispositive issue.

VI. Other Allegations

• Indirect Infringement: The complaint makes boilerplate allegations of direct "and/or indirectly" infringing activity Compl. ¶9 Compl. ¶18 However, it does not plead specific facts to support a claim for either induced or contributory infringement, such as alleging that the Defendant instructed third parties on how to infringe.
• Willful Infringement: Willfulness is alleged based on the Defendant "knowingly and willfully" making and selling infringing products Compl. ¶9 Compl. ¶15 The factual basis for this allegation appears to be the assertion that the accused products are "practically identical" to the patented design, which the Plaintiff claims creates a "strong presumption of copying" Compl. ¶18

VII. Analyst’s Conclusion: Key Questions for the Case

The resolution of this dispute will likely depend on the court's answers to two central questions:

1. A core issue will be one of visual identity: Is the overall ornamental appearance of the Defendant’s "HVAC Adaptor Cord" substantially the same as the design claimed in the '513 Patent? The outcome will depend on a direct visual comparison and the application of the "ordinary observer" test.

2. A key defensive question may be one of functionality: To what degree are the shared visual elements between the patented design and the accused product (e.g., the general shape of the alligator clips or the connector) dictated by function? If the Defendant can demonstrate that the similarities are primarily functional, those aspects may be filtered out of the infringement analysis, potentially weakening the Plaintiff's case.