Popilush Sues Schedule A Online Stores on a Shapewear Dress Patent and Two Copyright Registrations.

The complaint

The case is Popilush, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A", No. 1:26-cv-13054 (N.D. Ill.), a 14-page complaint filed October 22, 2026 (ECF No. 1). The plaintiff is Popilush, LLC. The defendants are the partnerships and unincorporated associations identified on Schedule A. Jurisdiction is pleaded under the Patent Act, 35 U.S.C. 1 et seq., the Copyright Act, 17 U.S.C. 101 et seq., and 28 U.S.C. 1331 and 1338. The complaint demands a jury.

The patent and copyrights

The complaint asserts U.S. Patent 12,302,954, titled Dress with Body-Shaping Function, which it says issued May 20, 2025, and remains valid and in force. It alleges Popilush owns the patent, manufactures and distributes shapewear dresses embodying one or more claims of the patent (Popilush Products), and has marked those products with at least the patent number under 35 U.S.C. 287(a). Count I alleges infringement of at least claims 1, 2, 5, 6, and 8 through 13.

The complaint also asserts United States Copyright Registration Nos. VA 2-487-576 and VA 2-506-278 (the Popilush Works). It alleges Popilush owns all right, title, and interest in the registrations, that the registrations are valid and in force, and that, upon information and belief, the copyrights have effective dates that predate the defendants' alleged infringement. It states Popilush complied with 17 U.S.C. 411(a).

Copyright Office records list VA 2-487-576, a work titled Built-in shapewear03, with an individual, not Popilush, as author and claimant; the record gives a first publication date of August 5, 2023, and a registration date of November 4, 2025. VA 2-506-278, Donning and Doffing Diagram, lists Popilush, LLC as claimant and as employer for hire; the record gives a first publication date of November 20, 2022, and a registration date of March 26, 2026, and states that the registration does not extend to any useful article depicted.

What the complaint alleges

It alleges the defendants create and operate e-commerce storefronts intended to appear to sell genuine Popilush Products while selling unauthorized Infringing Products that embody patented technology and copy the Popilush Works without authorization. It alleges the stores share unique identifiers such as similar product images and specifications, advertising, design elements, and similarities of the Infringing Products, and that, on information and belief, the defendants go to lengths to conceal their identities and the scope of their operations. It alleges willful patent and copyright infringement.

Claims and relief requested

Count I is patent infringement under 35 U.S.C. 271, seeking damages under 35 U.S.C. 284, including lost profits and enhanced damages for willfulness, and injunctive relief under 35 U.S.C. 283. Count II is copyright infringement under 17 U.S.C. 501, alleging unauthorized copying, display, distribution, reproduction, and/or derivative works of the Popilush Works on Seller Alias stores in violation of 17 U.S.C. 106, and seeking relief under 17 U.S.C. 504 and 505 and an injunction under 17 U.S.C. 502. Count III is unjust enrichment, seeking disgorgement and restitution.

The prayer asks for temporary, preliminary, and permanent injunctions restraining making, using, offering for sale, selling, and importing Infringing Products and unauthorized copies of the Popilush Works; orders directed to online marketplace platforms including Temu, TikTok, Shein, Alibaba, and Shopify to disable services and advertisements used by the defendants and to remove Schedule A store links from search results; equitable relief including asset restraint, constructive trust, accounting, and disgorgement; patent damages of at least a reasonable royalty under 35 U.S.C. 284, increased three times; copyright damages under 17 U.S.C. 504, or statutory damages under 17 U.S.C. 504(c) at plaintiff's election; attorneys' fees and costs under 17 U.S.C. 505; and other relief.

The same patent in an earlier suit

Popilush asserted the same patent in an earlier Schedule A suit, Popilush, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 1:25-cv-15642 (N.D. Ill.), filed December 23, 2025, and reassigned to Judge Thomas M. Durkin. On February 27, 2026, Judge Durkin entered a preliminary injunction order that lists U.S. Patent 12,302,954, eleven copyright registrations, and a Lanham Act false designation of origin claim as the intellectual property at issue. The docket shows an order on the plaintiff's motion for default judgment entered April 20, 2026.

What to watch next

Watch for a motion for a temporary restraining order or preliminary injunction and any appearance by a defendant store. The case can end at any time, including by settlement or voluntary dismissal.