1:26-cv-03996
Hexin Holdings Ltd v. Partnerships Unincorp Associations
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Hexin Holding Limited (Hong Kong)
- Defendant: Curve Beauty and the Individual and/or Entity Operating Curve Beauty (Unknown, alleged to be a foreign entity)
- Plaintiff's Counsel: YK Law LLP
- Case Identification: 1:26-cv-03996, N.D. Ill., 04/10/2026
- Venue Allegations: Venue is alleged to be proper because the Defendant is a foreign entity believed to be engaged in infringing activities directed at the district, including offering to sell, selling, and importing infringing products.
- Core Dispute: Plaintiff alleges that Defendant's sale of shapewear products through online e-commerce stores infringes its design patent for a shaped support belt.
- Technical Context: The dispute is in the direct-to-consumer apparel market, specifically concerning the ornamental design of women's shapewear garments.
- Key Procedural History: The filing is an Amended Complaint. The complaint alleges that the Defendant operates under aliases to conceal its identity, a factor that may present procedural complexities in the litigation.
Case Timeline
| Date | Event |
|---|---|
| 2021-03-04 | Priority Date for U.S. Design Patent D933,333 |
| 2021-10-19 | U.S. Design Patent D933,333 Issued |
| 2026-04-10 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. D933,333 - "Shaped Support Belt"
The patent-in-suit is U.S. Design Patent No. D933,333, issued October 19, 2021 (the "'333 Patent").
The Invention Explained
- Problem Addressed: As a design patent, the '333 Patent protects an ornamental design rather than a functional solution to a technical problem. The patent claims a new, original, and ornamental design for a "shaped support belt," a type of women's shapewear Compl. ¶5 '333 Patent, title
- The Patented Solution: The patent discloses a specific visual appearance for a support belt, characterized by its overall proportions and the arrangement of its surface features '333 Patent, claim The design features a wide, contoured main body with concave side edges, a prominent rectangular front fastening panel, and distinct upper and lower bands with angled side portions '333 Patent, FIG. 1 '333 Patent, FIG. 2 The broken lines shown in the figures represent stitching, which is explicitly claimed as part of the ornamental design '333 Patent, description
- Technical Importance: The design provides a specific ornamental appearance for a support garment, intended to distinguish it from other products in the competitive shapewear market, where visual appearance is a key driver of consumer choice Compl. ¶¶8-9
Key Claims at a Glance
- The '333 Patent contains a single claim for "The ornamental design for a shaped support belt, as shown and described" '333 Patent, claim
- The key ornamental features that constitute the claimed design include:
- A wide, vertically elongated main body with concave side edges.
- A rectangular front fastening panel overlaid on the main body.
- Distinctive top and bottom bands that narrow toward the sides.
- Stitching patterns, as depicted by the broken lines in the patent figures.
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are "shapeware products" ("Infringing Products") allegedly sold by Defendant under the seller alias "Curve Beauty" through an online e-commerce store hosted on the TikTok platform Compl. ¶1 Compl. ¶19 Compl. Amended Schedule A
Functionality and Market Context
The complaint describes the accused products as shapewear featuring the patented design Compl. ¶19 It alleges that Defendant operates one or more e-commerce stores to sell these products at "below-market prices" to consumers in the United States, including Illinois Compl. ¶14 Compl. ¶15 The complaint asserts that Defendant's conduct is intended to mislead the public into believing the products emanate from the Plaintiff and to trade on Plaintiff's reputation and goodwill Compl. ¶19 The complaint provides a URL to Defendant's e-commerce storefront where the accused products are allegedly sold Compl. Amended Schedule A
IV. Analysis of Infringement Allegations
The complaint alleges infringement of the overall design Compl. ¶28 but does not provide a detailed breakdown of specific infringing features or a visual comparison between the patented design and the accused product. Therefore, a claim chart summary is not feasible based on the provided documents.
- Identified Points of Contention:
- The "Ordinary Observer" Test: The central legal question for design patent infringement will be whether an ordinary observer, familiar with the prior art for shaped support belts, would be deceived into believing the accused product is the same as the patented design. The complaint's allegations of consumer confusion and mistake directly relate to this legal standard Compl. ¶25
- Scope of the Design: The scope of the '333 Patent's protection will be determined by the overall visual impression of the figures. The analysis will focus on the similarities in appearance between the accused products and the claimed design as a whole, rather than on any single feature in isolation.
V. Key Claim Terms for Construction
Claim construction is generally not a central issue in design patent cases, as the claim is defined by the drawings rather than by textual limitations. The primary analysis will be a visual comparison between the accused product and the design claimed in the '333 Patent. Practitioners' focus will likely be on the overall visual effect of the claimed design as shown in the figures, not on the construction of any particular term.
VI. Other Allegations
- Indirect Infringement: The complaint does not contain specific counts or factual allegations for induced or contributory infringement. The allegations focus on direct infringement through acts of making, using, selling, offering for sale, and importing the accused products Compl. ¶28
- Willful Infringement: The complaint does not use the term "willful," but it requests that damages be increased three times pursuant to 35 U.S.C. § 284, a remedy available for willful or egregious infringement Compl. prayer 4 The allegation that Defendant is "aware of Hexin Products" may be used to support the knowledge requirement for such a claim Compl. ¶16
VII. Analyst's Conclusion: Key Questions for the Case
- A core issue will be one of visual comparison: Will an ordinary observer, taking into account the prior art, find the overall ornamental design of the accused shapewear sold by "Curve Beauty" to be substantially the same as the design claimed in the '333 Patent?
- A key procedural question will be one of defendant identification: Can the Plaintiff successfully establish the true identity of, and personal jurisdiction over, the entity or individual operating the "Curve Beauty" e-commerce store, particularly in light of the allegations that the Defendant uses aliases and other tactics to conceal its operations Compl. ¶12 Compl. ¶18?