Popilush pairs a copyright count over two registered shapewear images with a patent claim against Schedule A online stores

The complaint

Popilush, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 1:26-cv-13054 (N.D. Ill.), was filed October 22, 2026. The complaint is Document 1 and runs 14 pages. The plaintiff is Popilush, LLC, a Virginia limited liability company that the complaint places in New York, New York, and describes as a direct-to-consumer shapewear brand launched in 2022. The defendants are the partnerships and unincorporated associations identified on Schedule A. Jurisdiction is pleaded under statutes including the Copyright Act, 28 U.S.C. 1338(a)-(b), and 28 U.S.C. 1331; venue under 28 U.S.C. 1391. The complaint states three counts: infringement of U.S. Patent No. 12,302,954, a utility patent titled "Dress with body-shaping function" (Count I); copyright infringement (Count II); and unjust enrichment (Count III).

The works

The complaint asserts two United States copyright registrations that it calls the Popilush Works: VA 2-487-576 and VA 2-506-278. It alleges that Popilush owns them with all right, title, and interest, that it has owned them at all relevant times, and that they are valid and in force. It alleges, upon information and belief, that the copyrights have an effective date that predates the defendants' acts of infringement. Elsewhere it refers to Popilush's copyrighted photographs and website images. The registration copies (Exhibit B) and the exhibit the complaint says shows the copying (Exhibit C) are not available for free online.

The Copyright Office record for VA 2-487-576, Built-in shapewear03, lists an individual as author and claimant, describes the authorship as a painting, and gives a first publication date of August 5, 2023 and an effective date of registration of November 4, 2025. It lists Popilush LLC as the rights and permissions contact, and the Copyright Office public records show no recorded transfer of the registration to Popilush. The record for VA 2-506-278, Donning and Doffing Diagram, lists Popilush, LLC as author, as employer for hire, and as claimant, describes the authorship as 2-D artwork, and gives a first publication date of November 20, 2022 and an effective date of registration of March 26, 2026. Both records state that the registration does not extend to any useful article depicted.

What the complaint alleges

It alleges, on information and belief, that the defendants are partnerships and business entities that own and operate e-commerce stores under the seller aliases identified on Schedule A, and that they reside or operate in the People's Republic of China or other foreign jurisdictions. It alleges the stores are set up to appear to sell genuine Popilush products while selling infringing products, accept payment in U.S. dollars, target consumers in Illinois, and, on information and belief, have sold and shipped infringing products to residents of the district. On the copyright side, it alleges the defendants had access to the Popilush Works through the internet and, without authorization, deliberately copied, displayed, distributed, reproduced, or made derivative works incorporating them on stores operating under the seller aliases, and that those derivative works are virtually identical or substantially similar to the Popilush Works. It alleges, on information and belief, that the infringement was willful.

Claims and relief requested

Count II, for copyright infringement under 17 U.S.C. 501, alleges violations of 17 U.S.C. 501(a) and 106, alleges that the plaintiff has complied with the registration requirement of 17 U.S.C. 411(a), and alleges that the plaintiff is entitled to relief under 17 U.S.C. 504, attorneys' fees and costs under 17 U.S.C. 505, and an injunction under 17 U.S.C. 502. Count III, for unjust enrichment, alleges among other things that the defendants copied Popilush's website images to sell knockoff products, and seeks disgorgement and restitution. On the copyright side, the prayer asks for temporary, preliminary, and permanent injunctions against copying, distributing, making derivative works of, publicly displaying, offering for sale, and selling copies of the Popilush Works; an order that those with notice of the injunction, including online marketplace platforms such as Temu, TikTok, Shein, Alibaba, and Shopify, disable services used to sell the infringing products, stop displaying associated advertisements, and keep links to the Schedule A stores out of search results; equitable relief including an asset restraint, an accounting, and disgorgement; damages under 17 U.S.C. 504 or, at the plaintiff's election before final judgment, statutory damages under 17 U.S.C. 504(c); attorneys' fees and full costs under 17 U.S.C. 505; and other relief the court deems just and proper. The complaint demands a jury trial.