Adidas AG et al v. bazhuk6 et al

Filing 39

Final Default Judgment And Permanent Injunction Against Defendants 1, 3-12, 14-31. DEFAULT JUDGMENT in favor of Adidas AG, Adidas America, Inc., Reebok International Limited, Reebok International Ltd., adidas International Marketing B.V. against What sapp [phone], bazhuk6, dhgate2016, ebshop168, ghana166, goshopping2017, heishui, hudolc90, jankjauk521, jiafeimaomao1233, jiajiandandan123, jingying888, jun0902, jwkl362, laoganma, liansheng8570, lifesportschina, liulexuan8, liying899, longfe ngchengxiang2017, luckday001, mzone0830luck, ok567890, super1866, topselleres, uuic7923, xiao7699, xinbaoma98, zuihao8886, dhgate2016, ebshop168, ghana166, goshopping2017, heishui, hudolc90, jankjauk521, jiafeimaomao1233, jiajiandandan123, jingying88 8, jun0902, jwkl362, laoganma, liansheng8570, lifesportschina, liulexuan8, liying899, longfengchengxiang2017, luckday001, mzone0830luck, ok567890, super1866, topselleres, uuic7923, xiao7699, xinbaoma98, zuihao8886. Signed by Judge Robert N. Scola, Jr on 11/9/2017. (kpe)

United States District Court
for the
Southern District of Florida
Adidas AG, and others,
Plaintiffs,
v.
Bazhuk6, and others,
Defendants.

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Case No. 17-61652-CIV-SCOLA/SNOW

Final Default Judgment And Permanent Injunction Against
Defendants 1, 3-12, 14-31
This matter is before the Court on the Plaintiffs’ Motion for Default
Judgment (ECF No. 36). The Plaintiffs have moved for a default judgment
consistent with Federal Rule of Civil Procedure 55(b)(2). The Clerk of the Court
entered a default under Rule 55(a) (ECF Nos. 32, 37). “A defendant, by his
default, admits the plaintiff’s well-pleaded allegations of fact,” as set forth in
the operative complaint. Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc.,
561 F.3d 1298, 1307 (11th Cir. 2009). “Even when a default judgment is
warranted based on a party’s failure to defend, the allegations in the complaint
with respect to the amount of damages are not deemed true. The district court
must instead conduct an inquiry in order to ascertain the amount of damages
with reasonable certainty.” Almeira v. GB House, LLC, No. 14–cv–00045, 2014
WL 1366808, at *1 (M.D. Fla. Apr. 7, 2014) (quoting In re Catt, 368 F.3d 789,
793 (7th Cir. 2004)). An evidentiary hearing on damages is unnecessary as long
as “the amount claimed is liquidated or capable of ascertainment from definite
figures contained in the documentary evidence or in detailed affidavits.”
Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d 1319,
1323 (7th Cir. 1983); see also S.E.C. v. Smyth, 420 F.3d 1225, 1231, 1232 n.13
(11th Cir. 2005).
The Court has carefully reviewed the Plaintiffs’ motion, the record, and
the relevant legal authorities. Accordingly, it is ordered and adjudged that the
Plaintiffs’ Motion for Default Judgment (ECF No. 36) is granted. Judgment is
hereby entered in favor of the Plaintiffs, adidas AG, adidas International
Marketing B.V., adidas America, Inc., Reebok International Limited, and
Reebok International Ltd. (collectively the “Plaintiffs”), and against the
Defendants, the Individuals, Partnerships, and Unincorporated Associations

identified on Schedule “A” hereto (collectively the “Defendants”), on all Counts
of the Complaint as follows:
1. Permanent Injunctive Relief:
The Defendants and their officers, agents, representatives, servants,
employees and attorneys, and all persons acting in concert and participation
with them are hereby permanently restrained and enjoined from:
a.

manufacturing or causing to be manufactured, importing,
advertising, or promoting, distributing, selling or offering to sell
counterfeit and infringing goods using the Plaintiffs’ trademarks
identified in Paragraph 19 and 28 of the Complaint and Schedules
“B” and “C” attached thereto (the “Plaintiffs’ Marks”);

b.

using the Plaintiffs’ Marks in connection with the sale of any
unauthorized goods;

c.

using any logo, and/or layout which may be calculated to falsely
advertise the services or products of the Defendants as being
sponsored by, authorized by, endorsed by, or in any way
associated with the Plaintiffs;

d.

falsely representing themselves as being connected with the
Plaintiffs, through sponsorship or association;

e.

engaging in any act which is likely to falsely cause members of the
trade and/or of the purchasing public to believe any goods or
services of the Defendants are in any way endorsed by, approved
by, and/or associated with the Plaintiffs;

f.

using any reproduction, counterfeit, copy, or colorable imitation of
the Plaintiffs’ Marks in connection with the publicity, promotion,
sale, or advertising of any goods sold by the Defendants;

g.

affixing, applying, annexing or using in connection with the sale of
any goods, a false description or representation, including words or
other symbols tending to falsely describe or represent goods offered
for sale or sold by the Defendants as being those of the Plaintiffs or
in any way endorsed by the Plaintiffs;

h.

otherwise unfairly competing with the Plaintiffs;

i.

using the Plaintiffs’ Marks, or any confusingly similar trademarks,
on e-commerce marketplace sites, from use on any webpage
(including as the title of any web page), from any advertising links
to other websites, from search engines’ databases or cache
memory, and from any other form of use of such terms which is
visible to a computer user or serves to direct computer searches to
Internet based e-commerce store website businesses registered by,
owned, or operated by the Defendants; and

j.

effecting assignments or transfers, forming new entities or
associations or utilizing any other device for the purpose of
circumventing or otherwise avoiding the prohibitions set forth
above.

2. Additional Equitable Relief:
The Plaintiffs are additionally entitled to the following equitable relief:
a.

Upon the Plaintiffs’ request, the Internet marketplace website
and/or social media platform operators and/or administrators for
the Seller IDs, including but not limited to iOffer.com, Inc., shall
disable and/or cease facilitating access to the Seller IDs, including
any other alias seller identification names being used and/or
controlled by the Defendants to engage in the business of
marketing, offering to sell, and/or selling goods bearing
counterfeits and infringements of the Plaintiffs’ Marks; and

b.

Upon the Plaintiffs’ request, the Internet marketplace website
operators and/or administrators, including but not limited to
iOffer.com shall permanently remove any and all listings and
associated images of goods bearing counterfeits and/or
infringements of the Plaintiffs’ Marks via the e-commerce stores
operating under the Seller IDs and any other alias seller
identification names being used and/or controlled by the
Defendants to promote, offer for sale and/or sell goods bearing
counterfeits and/or infringements of the Plaintiffs’ Marks.

3. Statutory damages in favor of the Plaintiffs pursuant to 15 U.S.C.
§ 1117(c) are determined to be $1,000,000.00 against each Defendant,
for which sum let execution issue. The awarded amount falls within the
permissible statutory range under 15 U.S.C. § 1117(c).
4. All funds currently restrained by PayPal, Inc. (“PayPal”) pursuant to the
temporary restraining order and preliminary injunction in this action,

are to be immediately (within 5 business days) transferred to the
Plaintiffs in partial satisfaction of the monetary judgment entered herein
against each Defendant. PayPal shall provide to the Plaintiffs at the time
the funds are released, a breakdown reflecting the (i) total funds
restrained in this matter per Defendant; (ii) the total chargebacks,
refunds, and/or transaction reversals deducted from each Defendant’s
funds restrained prior to release; and (iii) the total funds released per
Defendant to the Plaintiffs.
5. Interest from the date this action was filed shall accrue at the legal rate.
See 28 U.S.C. § 1961.
6. The Court retains jurisdiction to enforce this Judgment and permanent
injunction.
7. This case shall remain open as to Defendants bigsellers888888
(Defendant 2) and jinyue68 a/k/a niumama and qinglong68 (Defendant
13), ONLY, until further Order of the Court.
Done and ordered in chambers at Miami, Florida, on November 9, 2017.

________________________________
Robert N. Scola, Jr.
United States District Judge

SCHEDULE “A”
DEFENDANTS BY NUMBER, SELLER ID, AND PAYPAL ACCOUNT
Defendant
Number

Seller ID Name

PayPal Account

1

bazhuk6

[e-mail]

3

dhgate2016

[e-mail]

4

ebshop168

[e-mail]

5

ghana166

[e-mail]
[e-mail]
[e-mail]

6

goshopping2017

[e-mail]

7

heishui

[e-mail]

8

hudolc90

[e-mail]

8

jadnyis78

[e-mail]

8

kunday67

[e-mail]

9

jankjauk521

[e-mail]

9

tanispant116

[e-mail]

10

jiafeimaomao1233

[e-mail]
[e-mail]

11

jiajiandandan123

[e-mail]

12

jingying888

[e-mail]

12

xiongmao658

[e-mail]

14

jun0902

[e-mail]
[e-mail]

15

jwkl362

[e-mail]
[e-mail]

16

laoganma

[e-mail]

17

liansheng8570

[e-mail]

18

lifesportschina

[e-mail]

19

liulexuan8

[e-mail]

20

liying899

[e-mail]

20

rongguiqing8

[e-mail]

21

longfengchengxiang2017 [e-mail]

22

luckday001

Additional
Email

[e-mail]

yiyibushe2345
@outlook.com

23

mzone0830luck

[e-mail]

24

ok567890

[e-mail]

25

super1866

[e-mail]

26

topselleres

[e-mail]

26

yixiangbudao2014

[e-mail]

27

uuic7923

[e-mail]

28

xiao7699

[e-mail]

29

xinbaoma98

[e-mail]

30

zuihao8886

[e-mail]

31

Whatsapp +86
15818685917

[e-mail]

31

Dingchang Wen

jimmy@dreamf
oxsport.com