Case: 1:23-cv-04507 Document #: 50 Filed: 09/26/23 Page 1 of 10 PageID #:1078
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`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`XiaoQian Zhao,
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`Plaintiff,
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`Case No.: 1:23-cv-04507
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`v.
`
`Hon. Judge Matthew F. Kennelly
`
`THE PARTNERSHIPS, AND
`UNINCORPORATED ASSOCIATIONS
`IDENTIFIED ON SCHEDULE “A”,
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`Defendants.
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`ANSWER
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`Defendants, BABIQIU, CCelegant, EasyFunny, Shanglan, NewO2, and SW-WORLDER
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`(hereinafter, collectively as “Defendants” and separately as “Defendant”), by and through their
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`attorneys, J. Zhang and Associates, P.C., as and for its Answer to the Complaint filed in the
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`above-captioned action, state as follows:
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`Introduction
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`1. Neither admit or deny the allegations set forth in Paragraph 1 of the Complaint and leave
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`Plaintiff to prove.
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`2. Denies each and every allegation in paragraph 2 of the Complaint.
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`3. Denies each and every allegation in paragraph 3 of the Complaint.
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`4. Denies each and every allegation in paragraph 4 of the Complaint.
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`5. Denies each and every allegation in paragraph 5 of the Complaint.
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`6. Neither admit or deny the allegations set forth in Paragraph 6 of the Complaint and leave
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`Plaintiff to prove.
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`Jurisdiction and Venue
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`1
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`
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`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`XiaoQian Zhao,
`
`Plaintiff,
`
`Case No.: 1:23-cv-04507
`
`v.
`
`Hon. Judge Matthew F. Kennelly
`
`THE PARTNERSHIPS, AND
`UNINCORPORATED ASSOCIATIONS
`IDENTIFIED ON SCHEDULE “A”,
`
`Defendants.
`
`ANSWER
`
`Defendants, BABIQIU, CCelegant, EasyFunny, Shanglan, NewO2, and SW-WORLDER
`
`(hereinafter, collectively as “Defendants” and separately as “Defendant”), by and through their
`
`attorneys, J. Zhang and Associates, P.C., as and for its Answer to the Complaint filed in the
`
`above-captioned action, state as follows:
`
`Introduction
`
`1. Neither admit or deny the allegations set forth in Paragraph 1 of the Complaint and leave
`
`Plaintiff to prove.
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`2. Denies each and every allegation in paragraph 2 of the Complaint.
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`3. Denies each and every allegation in paragraph 3 of the Complaint.
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`4. Denies each and every allegation in paragraph 4 of the Complaint.
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`5. Denies each and every allegation in paragraph 5 of the Complaint.
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`6. Neither admit or deny the allegations set forth in Paragraph 6 of the Complaint and leave
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`Plaintiff to prove.
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`Jurisdiction and Venue
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`1
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`Case: 1:23-cv-04507 Document #: 50 Filed: 09/26/23 Page 2 of 10 PageID #:1079
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`7. Lack sufficient knowledge and information to admit or deny the allegations set forth in
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`paragraph 7 of the Complaint and thereby deny the same.
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`8. Lack sufficient knowledge and information to admit or deny the allegations set forth in
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`paragraph 8 of the Complaint and thereby deny the same.
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`Parties
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`9. Neither admit or deny the allegations set forth in Paragraph 9 of the Complaint and leave
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`Plaintiff to prove.
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`10. Neither admit or deny the allegations set forth in Paragraph 10 of the Complaint and
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`leave Plaintiff to prove.
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`11. Neither admit or deny the allegations set forth in Paragraph 11 of the Complaint and
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`leave Plaintiff to prove.
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`12. Neither admit or deny the allegations set forth in Paragraph 12 of the Complaint and
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`leave Plaintiff to prove.
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`13. Neither admit or deny the allegations set forth in Paragraph 13 of the Complaint and
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`leave Plaintiff to prove.
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`14. Neither admit or deny the allegations set forth in Paragraph 14 of the Complaint and
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`leave Plaintiff to prove.
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`15. Neither admit or deny the allegations set forth in Paragraph 15 of the Complaint and
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`leave Plaintiff to prove.
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`16. Neither admit or deny the allegations set forth in Paragraph 16 of the Complaint and
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`leave Plaintiff to prove.
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`17. Neither admit or deny the allegations set forth in Paragraph 17 of the Complaint and
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`leave Plaintiff to prove.
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`2
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`Case: 1:23-cv-04507 Document #: 50 Filed: 09/26/23 Page 3 of 10 PageID #:1080
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`18. Neither admit or deny the allegations set forth in Paragraph 18 of the Complaint and
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`leave Plaintiff to prove.
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`19. Neither admit or deny the allegations set forth in Paragraph 19 of the Complaint and
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`leave Plaintiff to prove.
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`20. Neither admit or deny the allegations set forth in Paragraph 20 of the Complaint and
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`leave Plaintiff to prove.
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`21. Admit that Answering Defendants reside in the People’s Republic of China that has sold
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`goods, in ecommerce, into Illinois. Defendants deny any remaining allegations in
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`Paragraph 21.
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`22. Denies each and every allegation in paragraph 22 of the Complaint.
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`Defendant’s Unlawful Conduct
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`23. Neither admit or deny the allegations set forth in Paragraph 23 of the Complaint and
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`leave Plaintiff to prove.
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`24. Neither admit or deny the allegations set forth in Paragraph 24 of the Complaint and
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`leave Plaintiff to prove.
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`25. Neither admit or deny the allegations set forth in Paragraph 25 of the Complaint and
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`leave Plaintiff to prove.
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`26. Neither admit or deny the allegations set forth in Paragraph 26 of the Complaint and
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`leave Plaintiff to prove.
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`27. Neither admit or deny the allegations set forth in Paragraph 27 of the Complaint and
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`leave Plaintiff to prove.
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`28. Neither admit or deny the allegations set forth in Paragraph 28 of the Complaint and
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`leave Plaintiff to prove.
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`3
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`Case: 1:23-cv-04507 Document #: 50 Filed: 09/26/23 Page 4 of 10 PageID #:1081
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`29. Neither admit or deny the allegations set forth in Paragraph 29 of the Complaint and
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`leave Plaintiff to prove.
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`30. Neither admit or deny the allegations set forth in Paragraph 30 of the Complaint and
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`leave Plaintiff to prove.
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`31. Neither admit or deny the allegations set forth in Paragraph 31 of the Complaint and
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`leave Plaintiff to prove.
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`32. Neither admit or deny the allegations set forth in Paragraph 32 of the Complaint and
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`leave Plaintiff to prove.
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`33. Denies each and every allegation in paragraph 33 of the Complaint.
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`34. Denies each and every allegation in paragraph 34 of the Complaint.
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`35. Denies each and every allegation in paragraph 35 of the Complaint.
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`36. Denies each and every allegation in paragraph 36 of the Complaint.
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`37. Denies each and every allegation in paragraph 37 of the Complaint.
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`38. Denies each and every allegation in paragraph 38 of the Complaint.
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`39. Denies each and every allegation in paragraph 39 of the Complaint.
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`40. Denies each and every allegation in paragraph 40 of the Complaint.
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`As to Count I
`Copyright Infringement (17 U.S.C. § 501)
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`41. The answering Defendants repeat and reallege each and every response set forth in
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`paragraphs 1 through 40 herein-above in response to the allegations set forth in paragraph
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`41 of the Complaint.
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`42. Neither admit or deny the allegations set forth in Paragraph 42 of the Complaint and
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`leave Plaintiff to prove.
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`4
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`Case: 1:23-cv-04507 Document #: 50 Filed: 09/26/23 Page 5 of 10 PageID #:1082
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`43. Neither admit or deny the allegations set forth in Paragraph 43 of the Complaint and
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`leave Plaintiff to prove.
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`44. Neither admit or deny the allegations set forth in Paragraph 44 of the Complaint and
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`leave Plaintiff to prove.
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`45. Denies each and every allegation in paragraph 45 of the Complaint.
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`46. Denies each and every allegation in paragraph 46 of the Complaint.
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`47. Denies each and every allegation in paragraph 47 of the Complaint.
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`48. Denies each and every allegation in paragraph 48 of the Complaint.
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`49. Denies each and every allegation in paragraph 49 of the Complaint.
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`50. Neither admit or deny the allegations set forth in Paragraph 50 of the Complaint and
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`leave Plaintiff to prove.
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`51. Neither admit or deny the allegations set forth in Paragraph 51 of the Complaint and
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`leave Plaintiff to prove.
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`FIRST AFFIRMATIVE DEFENSE
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`52. Plaintiff fails to state a claim against Defendants on which relief can be granted.
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`SECOND AFFIRMATIVE DEFENSE
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`53. One or more third parties are liable for the conduct alleged and will be required to answer
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`and indemnify.
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`THIRD AFFIRMATIVE DEFENSE
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`54. Defendants have one or more license(s).
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`FOURTH AFFIRMATIVE DEFENSE
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`55. Plaintiff has granted authorization and consent to the usage of the copyright-in-suit.
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`FIFTH AFFIRMATIVE DEFENSE
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`5
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`Case: 1:23-cv-04507 Document #: 50 Filed: 09/26/23 Page 6 of 10 PageID #:1083
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`56. Plaintiff has unclean hands. They base their claims of infringement on information and
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`belief, on a “secret informant” whom they have never met or vetted for credibility, and
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`who is the perpetrator of any unlawful conduct (being a disgruntled ex-employee).
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`SIXTH AFFIRMATIVE DEFENSE
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`57. Plaintiff's claims for relief are barred by the “Fair Use Doctrine” pursuant to Section 107
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`of the Copyright Act, 17 U.S.C. §107.
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`SEVENTH AFFIRMATIVE DEFENSE
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`58. The action is barred by the doctrine of Laches.
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`EIGHTH AFFIRMATIVE DEFENSE
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`59. Plaintiff's action is barred by the doctrine of equitable estoppel.
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`NINTH AFFIRMATIVE DEFENSE
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`60. Defendants’ conduct was innocent, non-infringing, and not a willful infringement of
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`copyright.
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`TENTH AFFIRMATIVE DEFENSE
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`61. Any alleged infringement is barred by the statutes of limitations as set forth in section
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`507 of the Copyright Act, 17 U.S.C. §507.
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`ELEVENTH AFFIRMATIVE DEFENSE
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`62. This action is barred by the “scenes-a-faire” doctrine.
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`TWELFTH AFFIRMATIVE DEFENSE
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`63. Plaintiff has engaged in one or more acts that have misused their copyrights including but
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`not limited to having wrongfully attempted to extend the scope of the limited monopoly
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`granted by the Copyright Act. Defendants reserve the right to assert one or more antitrust
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`related claims.
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`6
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`Case: 1:23-cv-04507 Document #: 50 Filed: 09/26/23 Page 7 of 10 PageID #:1084
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`THIRTEENTH AFFIRMATIVE DEFENSE
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`64. Plaintiff's claims are barred to the extent they claim copyright protection in works that are
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`immoral, illegal, obscene or libelous.
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`FOURTEENTH AFFIRMATIVE DEFENSE
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`65. Plaintiff's claims are barred due to their deceptive and misleading advertising in
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`connection with the distribution of all alleged copyrighted works.
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`FIFTEENTH AFFIRMATIVE DEFENSE
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`66. Plaintiff has waived his rights to claim copyright infringement.
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`SIXTEENTH AFFIRMATIVE DEFENSE
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`67. Plaintiff has abandoned or forfeited his copyrights.
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`SEVENTEENTH AFFIRMATIVE DEFENSE
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`68. Plaintiff has acquiesced in any alleged copyright infringement.
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`EIGHTEENTH AFFIRMATIVE DEFENSE
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`69. This action may be barred by the “first sale doctrine” because if lawfully obtained and
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`possessed one or more of Plaintiff's copyrighted works. 17 U.S.C. §109(a).
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`NINETEENTH AFFIRMATIVE DEFENSE
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`70. Plaintiff's claims are barred since critical parts or portions of their alleged protected
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`copyrights are invalid due to consisting of un-protectable idea(s) or processes.
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`TWENTIETH AFFIRMATIVE DEFENSE
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`71. Plaintiff's claims are barred since critical part or portions of their alleged protected
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`copyrights are invalid due to consisting of fact(s).
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`TWENTY-FIRST AFFIRMATIVE DEFENSE
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`7
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`Case: 1:23-cv-04507 Document #: 50 Filed: 09/26/23 Page 8 of 10 PageID #:1085
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`72. Plaintiff’s claims, including their assertion of copyright protection are barred by the
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`doctrine of Merger.
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`TWENTY-SECOND AFFIRMATIVE DEFENSE
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`73. One or more of Defendants copyrights have elements taken from the public domain upon
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`which a copyright infringement action cannot be maintained.
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`TWENTY-THIRD AFFIRMATIVE DEFENSE
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`74. Plaintiff is barred by 17 U.S.C. section 412 from claiming statutory damages or attorney's
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`fees under the Copyright Act in that any alleged acts of infringement occurred before first
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`registration of the Plaintiff's alleged work.
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`TWENTY-FOURTH AFFIRMATIVE DEFENSE
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`75. Plaintiff failed to join indispensable parties.
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`TWENTY-FIFTH AFFIRMATIVE DEFENSE
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`76. Answering Defendants reserve the right to amend these separate affirmative defenses
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`upon the completion of appropriate investigation and discovery
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`WHEREFORE, based upon the foregoing, the answering Defendants pray for an Order be
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`entered:
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`A. Dismissing each of the claims, and relief requested, in Plaintiff’s Complaint in its
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`entirety;
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`B. Granting the answering Defendants costs, attorney’s fees and expenses incurred
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`defending this matter; and
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`C. Granting the Defendant all other appropriate relief
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`8
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`Case: 1:23-cv-04507 Document #: 50 Filed: 09/26/23 Page 9 of 10 PageID #:1086
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`Dated: Queens, New York
`September 26, 2022
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`Respectfully submitted,
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`J. ZHANG AND ASSOCIATES, P.C.
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`Attorney for Defendants,
`BABIQIU, CCelegant, EasyFunny, Shanglan,
`NewO2, and SW-WORLDER
`
`/s/ Jiyuan Zhang
`____________________________
`Jiyuan Zhang, Esq.
`37-12 Prince Street, Ste 9C
`Flushing, New York 11354
`T: 718.701.5098
`contact@jzhanglaws.com
`JZ@jzhanglaws.com
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`9
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`Case: 1:23-cv-04507 Document #: 50 Filed: 09/26/23 Page 10 of 10 PageID #:1087
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`AFFIRMATION OF SERVICE
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`I hereby certify that on September 26, 2023, a copy of the foregoing was served on
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`counsel of record and interested parties by electronic means pursuant to the court’s Electronic
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`Case Filing (ECF) system.
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`/s/ Jiyuan Zhang
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`10
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