Gucci America, Inc. v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A"

Filing 25

ORDER GRANTING APPLICATION FOR ENTRY OF PRELIMINARY INJUNCTION. Signed by Judge Rodney Smith on 10/7/2019. See attached document for full details. (dco)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 19-62270-CIV-SMITH
GUCCI AMERICA, INC.,
Plaintiff,
vs.
AMPTDRESS, et al.,
Defendants.

/
ORDER GRANTING MOTION FOR ENTRY OF PRELIMINARY INJUNCTION
THIS CAUSE came before the Court upon Plaintiff’s Motion for Entry of Preliminary
Injunction (the “Motion”) [DE 6]. The Court has carefully reviewed the Motion and the record
and is otherwise fully advised in the premises.
By the instant Motion, Plaintiff, Gucci America, Inc. (“Plaintiff”) moves for entry of a
preliminary injunction against Defendants, the Individuals, Partnerships, and Unincorporated
Associations Identified on Schedule “A” hereto (collectively “Defendants”) pursuant to 15
U.S.C. § 1116 and Fed. R. Civ. P. 65, and The All Writs Act, 28 U.S.C. § 1651(a).
The Court convened a hearing on October 7, 2019, at which only counsel for Plaintiff
was present and available to present evidence supporting the Motion. Because Plaintiff has
satisfied the requirements for the issuance of a preliminary injunction, the Court will now grant
Plaintiff’s Motion for Preliminary Injunction.

I.

Factual Background 1

Plaintiff is the owner of the following trademarks, which are valid and registered on the
Principal Register of the United States Patent and Trademark Office (the “Gucci Marks”):

Trademark

Registration
Number

Registration
Date

Class(es) / Good(s)
IC 018 – pocketbooks, wallets, travel
and duffel bags, attache cases, toilet
cases sold empty and shoe bags.

GUCCI

0,876,292

September 9,
1969

IC 018 – umbrellas.
IC 021 – vacuum bottles, compacts sold
empty and vanity cases sold empty.
IC 025 – shoes and boots.
IC 025 – neckties, scarves, footwear,
shirts, sweaters, and coats.

1,097,555

July 25, 1978

1,106,722

IC 025 – neckties, scarves, belts,
November 21,
footwear, shirts, sweaters, coats, suits,
1978
and bathing suits.

1,107,311

IC 018 – wallets, purses, handbags,
shoulder bags, clutch bags, tote bags,
November 28, card cases, partly and wholly of leather,
1978
key cases, passport cases, cosmetic
cases, attache cases, valises, suitcases,
duffles.
IC 018 – wallets, purses, handbags,
shoulder bags, clutch bags, tote bags,
card cases, attache cases, valises,
suitcases, duffles, and key cases.

1,122,780

July 24, 1979

1,158,170

IC 025 – clothing-namely, neckties,
June 23, 1981 scarves, belts, footwear, shirts, coats,
hats, dresses, and bathing suits.

(Green Red Green
Stripe Design)

1

The factual background is taken from Plaintiff’s Amended Complaint, Motion, and supporting
Declarations submitted by Plaintiff.
2

Class(es) / Good(s)

1,168,477

September 8,
1981

IC 025 – neckties, scarves, belts,
footwear, shirts, sweaters, coats, suits,
dressing gowns, hats, socks, dresses, and
bathing suits.

April 5, 1988

IC 025 – footwear.

1,511,774

GUCCI

Registration
Date

1,483,526

Trademark

Registration
Number

November 8,
1988

IC 018 – purses, handbags, shoulder
bags, clutch bags, and tote bags.

3,039,629

January 10,
2006

IC 025 – footwear and belts.

3,039,630

January 10,
2006

IC 018 – wallets, purses, handbags, tote
bags, business card cases, credit card
cases and key cases, partly or wholly of
leather.

3,072,547

March 28, 2006

3,072,549

IC 018 – wallets, purses, handbags,
shoulder bags, clutch bags, tote bags,
business card cases, credit card cases,
March 28, 2006 partly and wholly of leather, key cases,
cosmetic cases sold empty, briefcases,
attaché cases, valises, suitcases and
duffles.

(Green Red Green
Stripe Design)

(Blue Red Blue
Stripe Design)

3

IC 025 – neckties, scarves, belts,
footwear and gloves.

Trademark

Registration
Number

Registration
Date

Class(es) / Good(s)
IC 009 – eyeglass frames and
sunglasses.
IC 014 – jewelry and watches.
IC 016 – agendas and notebooks.

3,378,755

February 5,
2008

IC 018 – wallets, purses, handbags,
shoulder bags, clutch bags, tote bags,
business card cases, credit card cases,
partly and wholly of leather, key cases,
cosmetic cases sold empty, briefcases,
attaché cases, valises, suitcases and
duffles.
IC 025 – scarves, belts, footwear, shirts,
sweaters, coats, suits.
IC 014 – jewelry.

4,220,947

IC 018 – wallets, purses, handbags,
shoulder bags, clutch bags, tote bags,
business card cases, credit card cases
partly and wholly of leather, key cases,
October 9, 2012
cosmetic cases sold empty, briefcases,
attaché cases, valises, suitcases and
duffel bags.
IC 025 – neckties, scarves, belts,
footwear and gloves.
IC 014 – jewelry.

4,229,081

October 23,
2012

IC 018 – wallets, purses, handbags,
shoulder bags, clutch bags, tote bags,
business card cases, credit card cases
partly and wholly of leather, key cases,
cosmetic cases sold empty, briefcases,
attache cases, valises, suitcases and
duffel bags.
IC 025 – neckties, scarves, belts,
footwear and gloves.

4

Trademark

Registration
Number

4,379,039
(Green Red Green
Stripe Design)

Registration
Date

Class(es) / Good(s)

IC 025 – shorts, pants, jeans, leggings, tshirts, polo shirts, shirts, sweaters,
sweatshirts, dresses, skirts, swimwear,
August 6, 2013
one piece garments for infants and
toddlers, cloth bibs, scarves, ties, hats,
gloves, suspenders, belts.
IC 009 – bicycle helmets; eyewear.
IC 012 – bicycles.

4,555,556

June 24, 2014

IC 018 – backpacks, cosmetic cases sold
empty partly and wholly of leather.
IC 025 – scarves, belts, footwear, tshirts, shirts, pants, blazers, sweatshirts,
sweat pants, hats, and dresses.

4,563,071

July 8, 2014

IC 009 – protective covers and cases for
mobile electronic devices and
computers.
IC 014 – watches.

GUCCI

GUCCI

4,563,098

4,563,132

July 8, 2014

IC 009 – protective covers and cases for
mobile electronic communication
devices and computers; computer
application software for all mobile
devices, namely, software for providing
information in the field of fashion, the
arts and lifestyle.

July 8, 2014

IC 018 – handbags, shoulder bags,
clutch bags, tote bags, briefcases,
business card cases, credit card cases,
backpacks, key cases, passport cases,
cosmetic cases sold empty, valises,
suitcases, luggage, all the foregoing
being made in whole or in part of
leather; pet accessories, namely,
carriers, collars and leashes; pet collar
accessories, namely, charms.

5

Trademark

Registration
Number

Registration
Date

Class(es) / Good(s)
IC 014 – jewelry and key rings of
precious metal.

4,567,112

July 15, 2014

(Green Red Green
Stripe Design)

IC 009 – eyeglasses and sunglasses and
cases therefor; protective covers and
cases for mobile electronic
communication devices and computers;
cell phone straps; computer carrying
cases.
IC 018 – cosmetic cases sold empty,
suitcases, luggage, duffle bags, diaper
bags partly and wholly of leather; pet
accessories, namely, carriers, collars and
leashes.
IC 009 – protective covers and cases for
mobile electronic communications
devices and computers; computer cases
made of leather.
IC 014 – watches.

4,583,258

August 12, 2014 IC 018 – backpacks, trollies, baby bags,
computer cases made of leather, garment
bags, pet accessories, namely, carriers,
collars and leashes; pet collar
accessories, namely, charms.
IC 025 – clothing, namely, shirts and
jackets.

5,073,022

5,183,371

November 1,
2016

IC 018 – handbags and wallets.
IC 025 – belts and footwear.

IC 018 – handbags, tote bags, shoulder
bags, pouches of leather, travelling cases
April 11, 2017
of leather and leather credit card cases
and holders.

6

Trademark

Registration
Number

Registration
Date

Class(es) / Good(s)
IC 014 – watches.

5,279,452

September 5,
2017

IC 018 – handbags, shoulder bags, tote
bag and wallets.
IC 025 – clothing, namely, scarves,
neckties and footwear.

(See Declaration of Jessica Haugen in Support of Plaintiff’s Motion for Preliminary Injunction
(“Haugen Decl.”) ¶¶ 4-5; see also United States Trademark Registrations of the Gucci Marks at
issue attached as Composite Exhibit 1 to the Amended Complaint.) The Gucci Marks are used in
connection with the manufacture and distribution of high quality goods in the categories
identified above. (See id. ¶ 5.)
Defendants, by operating e-commerce stores via Internet marketplace platforms under
their seller identification names or commercial Internet websites under their domain names
identified on Schedule “A” hereto (the “Seller IDs and Subject Domain Names”), have
advertised, promoted, offered for sale, or sold goods bearing and/or using what Plaintiff has
determined to be counterfeits, infringements, reproductions, and/or colorable imitations of the
Gucci Marks. (See Haugen Decl. ¶¶ 10-14; Declaration of T. Raquel Wiborg-Rodriguez in
Support of Plaintiff’s Motion for Preliminary Injunction (“Wiborg-Rodriguez Decl.”) ¶ 2;
Declaration of Kathleen Burns in Support of Plaintiff’s Motion for Preliminary Injunction
(“Burns Decl.”) ¶ 4; Declaration of Eric Rosaler in Support of Plaintiff’s Motion for Preliminary
Injunction (“Rosaler Decl.”) ¶ 4.)
Although each Defendant may not copy and infringe each Gucci Mark for each category
of goods protected, Plaintiff has submitted sufficient evidence showing that each Defendant has
infringed, at least, one or more of the Gucci Marks. (See Haugen Decl. ¶¶ 10-14.) Defendants
7

are not now, nor have they ever been, authorized or licensed to use, reproduce, or make
counterfeits, reproductions, or colorable imitations of the Gucci Marks. (See id. at ¶¶ 10, 13-14.)
Plaintiff’s counsel retained Invisible Inc and AED Investigations, Inc. (“AED”), both
licensed private investigative firms, to investigate the promotion and sale of counterfeit and
infringing versions of Plaintiff’s branded products by Defendants and to obtain the available
payment account data for receipt of funds paid to Defendants for the sale of counterfeit versions
of Plaintiff’s branded merchandise through the Seller IDs and Subject Domain Names. (Haugen
Decl. ¶ 11; Burns Decl. ¶ 3; Rosaler Decl. ¶ 3; Wiborg-Rodriguez Decl. ¶ 2.) Invisible Inc and
AED collectively accessed each 2 of the e-commerce stores and commercial Internet websites
operating under Defendants’ Seller IDs and Subject Domain Names, placed an order for the
purchase of a product bearing counterfeits of, at least, one of the Gucci Marks at issue in this
action, and requested each product to be shipped to one of their addresses in the Southern
District of Florida. (See Burns Decl. ¶ 4; Rosaler Decl. ¶ 4.) Following submission of the orders,
Invisible Inc and AED finalized payment for the Gucci branded items purchased from
Defendants to Defendants’ respective payment accounts and/or payee 3 as identified on Schedule

2

Invisible Inc made purchases from each Defendant as identified on Schedule “A” to the
Declaration of Kathleen Burns in Support of Plaintiff’s Application for Preliminary Injunction.
(See Burns Decl. ¶ 4, n.2.) However, during the preparation and filing of the Application for
Preliminary Injunction, some Defendants changed their seller identification name. (Id.)
3

Defendant Numbers 1-50 operate via the non-party Internet marketplace platform,
Amazon.com. (See Burns Decl. ¶ 4 n.3; Rosaler Decl. ¶ 4 n.1; Wiborg-Rodriguez Decl. ¶ 5.)
Amazon.com is an e-commerce marketplace that allows Defendants to conduct their commercial
transactions privately via Amazon’s payment processing and retention service, Amazon
Payments, Inc. (See id.)
Defendant Numbers 51-107 and 117 use money transfer and retention services with PayPal, Inc.
(See Burns Decl. ¶ 4; Wiborg-Rodriguez Decl. ¶ 6.)
Upon completion of Invisible Inc’s purchase from Defendant Number 63 and AED’s purchases
from Defendant Numbers 100-107, no PayPal e-mail account was provided on the transaction
8

“A” hereto. 4 (Id.) At the conclusion of the process, the detailed web page captures and images of
the Gucci branded items Invisible Inc and AED purchased via Defendants’ Seller IDs and
Subject Domain Names, together with photographs of the some of the items Invisible Inc
received, were sent to Plaintiff’s representative for review. (See Haugen Decl. ¶ 12; Burns Decl.
¶ 4; Rosaler Decl. ¶ 4; Wiborg-Rodriguez Decl. ¶ 2.) Plaintiff’s representative conducted a
review and visually inspected the Gucci branded items Invisible Inc and AED purchased via the
Seller IDs and Subject Domain Names and determined the products were non-genuine,
unauthorized versions of Plaintiff’s products. (See Haugen Decl. ¶¶ 13-14.)
On September 12, 2019, Plaintiff filed its Complaint [DE 1] and thereafter its Amended
Complaint on October 4, 2019 [DE 18] against Defendants for federal trademark counterfeiting
and infringement, false designation of origin, common law unfair competition, and common law
trademark infringement. On September 12, 2019, Plaintiff filed its Ex Parte Application for
Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer
of Assets [DE 6]. On September 17, 2019, this Court entered an Order Granting Ex Parte
Application for Entry of Temporary Restraining Order (the “TRO”) [DE 8] and temporarily
restrained Defendants from infringing the Gucci Marks at issue and restrained funds in the
page. (See Burns Decl. ¶ 4 n.4; Rosaler Decl. ¶ 4 n.2.) However, PayPal is able to identify a
PayPal account using the Transaction ID. (See id.) Accordingly, the Transaction IDs for Invisible
Inc’s and AED’s purchases from Defendant Numbers 63 and 100-107 are identified on Schedule
“A” (See id.)
The payee for the orders placed from Defendant Numbers 108-116’s Wish.com Seller IDs
identifies “PayPal *Wish.” (See Burns Decl. ¶ 4 n.5; Wiborg-Rodriguez Decl. ¶ 7.) “WISH
(ContextLogic Inc.)” is the named PayPal recipient for individual transactions conducted with
sellers through Wish.com. (Id.)
Defendant Number 118 use money transfer services with TransferWise Inc. (See Burns Decl. ¶ 4;
Wiborg-Rodriguez Decl. ¶ 8.)
4

Additional contact email addresses for Defendant Numbers 117 and 118 are is also identified
on Schedule “A” hereto. (See Burns Decl. ¶ 4 n.6; Wiborg-Rodriguez Decl. ¶ 3.)
9

payment accounts associated with the Defendants. Pursuant to the Court’s September 17, 2019
TRO, Plaintiff properly served Defendants with a copy of the Complaint, the Court’s September
17, 2019 TRO, and all filings in this matter [see DE Nos. 20 and 21]. On October 7, 2019, the
Court conducted a hearing on Plaintiff’s Motion, at which only counsel for Plaintiff was in
attendance.
II.

Legal Standard

In order to obtain a preliminary injunction, a party must demonstrate “(1) [there is] a
substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the
relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on
the non-movant; and (4) that the entry of the relief would serve the public interest.” Schiavo ex.
rel Schindler v. Schiavo, 403 F.3d 1223, 1225–26 (11th Cir. 2005); see also Levi Strauss & Co.
v. Sunrise Int’l. Trading Inc., 51 F.3d 982, 985 (11th Cir. 1995) (applying the test to a
preliminary injunction in a Lanham Act case).
III.

Conclusions of Law

The declarations Plaintiff submitted in support of its Motion support the following
conclusions of law:
A.

Plaintiff has a strong probability of proving at trial that consumers are likely to be

confused by Defendants’ advertisement, promotion, sale, offer for sale, or distribution of goods
bearing counterfeits, reproductions, or colorable imitations of the Gucci Marks, and that the
products Defendants are selling and promoting for sale are copies of Plaintiff’s products that bear
copies of the Gucci Marks.
B.

Because of the infringement of the Gucci Marks, Plaintiff is likely to suffer

immediate and irreparable injury if a preliminary injunction is not granted. The following

10

specific facts, as set forth in Plaintiff’s Amended Complaint, Motion, and accompanying
declarations, demonstrate that immediate and irreparable loss, damage, and injury will result to
Plaintiff and to consumers because it is more likely true than not that:
1.

Defendants own or control e-commerce stores via Internet marketplace

platforms or commercial Internet websites operating under their seller identification names and
domain names which advertise, promote, offer for sale, and sell products bearing counterfeit and
infringing trademarks in violation of Plaintiff’s rights; and
2.

There is good cause to believe that more counterfeit and infringing

products bearing Plaintiff’s trademarks will appear in the marketplace; that consumers are likely
to be misled, confused, or disappointed by the quality of these products; and that Plaintiff may
suffer loss of sales for its genuine products.
C.

The balance of potential harm to Defendants in restraining their trade in

counterfeit and infringing branded goods if a preliminary injunction is issued is far outweighed
by the potential harm to Plaintiff, its reputation, and its goodwill as a manufacturer and
distributor of quality products if such relief is not issued.
D.

The public interest favors issuance of the preliminary injunction to protect

Plaintiff’s trademark interests and protect the public from being defrauded by the palming off of
counterfeit goods as Plaintiff’s genuine goods.
E.

Under 15 U.S.C. § 1117(a), Plaintiff may be entitled to recover, as an equitable

remedy, the illegal profits gained through Defendants’ distribution and sales of goods bearing
counterfeits and infringements of the Gucci Marks. See Reebok Int’l, Ltd. v. Marnatech Enters.,
Inc., 970 F.2d 552, 559 (9th Cir. 1992) (quoting Fuller Brush Prods. Co. v. Fuller Brush Co.,
299 F.2d 772, 777 (7th Cir. 1962) (“An accounting of profits under § 1117(a) is not synonymous

11

with an award of monetary damages: ‘[a]n accounting for profits . . . is an equitable remedy
subject to the principles of equity.’”)).
F.

Requesting equitable relief “invokes the district court’s inherent equitable powers

to order preliminary relief, including an asset freeze, in order to assure the availability of
permanent relief.” Levi Strauss & Co., 51 F.3d at 987 (citing Federal Trade Commission v.
United States Oil & Gas Corp., 748 F.2d 1431, 1433-34 (11th Cir. 1984)).
G.

In light of the inherently deceptive nature of the counterfeiting business, and the

likelihood that Defendants have violated federal trademark laws, Plaintiff has good reason to
believe Defendants will hide or transfer their ill-gotten assets beyond the jurisdiction of this
Court unless those assets are restrained.
Upon review of Plaintiff’s Amended Complaint, Motion, and supporting evidentiary
submissions, it is hereby
ORDERED that Plaintiff’s Motion for Preliminary Injunction [DE 6] is GRANTED,
according to the terms set forth below:
(1)

Each Defendant, its officers, directors, employees, agents, subsidiaries,

distributors, and all persons in active concert or participation with any Defendant having notice
of this Order are hereby restrained and enjoined until further Order of this Court:
a. From manufacturing, importing, advertising, promoting, offering to sell,
selling, distributing, or transferring any products bearing the Gucci Marks,
or any confusingly similar trademarks, other than those actually
manufactured or distributed by Plaintiff; and
b. From secreting, concealing, destroying, selling off, transferring, or
otherwise disposing of: (i) any products, not manufactured or distributed
by Plaintiff, bearing and/or using the Gucci Marks, or any confusingly
similar trademarks; (ii) any evidence relating to the manufacture,
importation, sale, offer for sale, distribution, or transfer of any products
bearing and/or using the Gucci Marks, or any confusingly similar
trademarks; or (iii) any assets or other financial accounts subject to this
Order, including inventory assets, in the actual or constructive possession
12

of, or owned, controlled, or held by, or subject to access by, any
Defendant, including, but not limited to, any assets held by or on behalf of
any Defendant.
(2)

Each Defendant, its officers, directors, employees, agents, subsidiaries,

distributors, and all persons in active concert or participation with any Defendant having notice
of this Order shall immediately discontinue, until further Order of this Court, the use of the
Gucci Marks, or any confusingly similar trademarks, on or in connection with all Internet based
e-commerce stores and Internet websites owned and operated, or controlled by them, including
the Internet based e-commerce stores and Internet websites operating under the Seller IDs and
Subject Domain Names;
(3)

Each Defendant, its officers, directors, employees, agents, subsidiaries,

distributors, and all persons in active concert or participation with any Defendant having notice
of this Order shall immediately discontinue, until further Order of this Court, the use of the
Gucci Marks, or any confusingly similar trademarks, within metatags or other markers within
website source code, 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 any
other form of use of such terms that are visible to a computer user or serves to direct computer
searches to Internet based e-commerce stores and Internet websites registered, owned, or
operated by any Defendant, including the Internet based e-commerce stores and Internet websites
operating under the Seller IDs and Subject Domain Names;
(4)

Each Defendant shall not transfer ownership of the Internet based e-commerce

stores or Internet websites operating under their Seller IDs and Subject Domain Names during
the pendency of this action, or until further order of the Court;
(5)

Each Defendant shall continue to preserve copies of all computer files relating to

the use of any of the Internet based e-commerce stores or Internet websites under their Seller IDs
13

and Subject Domain Names and shall take all steps necessary to retrieve computer files relating
to the use of the Internet based e-commerce stores or Internet websites operating under the Seller
IDs and Subject Domain Names that may have been deleted before the entry of this Order;
(6)

Upon receipt of notice of this Order, Defendants and all financial institutions,

payment processors, banks, escrow services, money transmitters, or marketplace platforms,
including but not limited to, Amazon Payments, Inc. (“Amazon”), PayPal, Inc. (“PayPal”),
ContextLogic, Inc., which operates the Wish.com website (“ContextLogic”), TransferWise Inc
(“TransferWise”), and their related companies and affiliates shall, to the extent not already done,
(i) immediately identify all financial accounts and/or sub-accounts, associated with the Internet
based e-commerce stores and Internet websites operating under the Seller IDs and Subject
Domain Names, and/or the e-mail addresses identified on Schedule “A” hereto, as well as any
other accounts of the same customer(s); (ii) identify all other accounts which transfer funds into
the same financial institution account(s) or any of the other financial accounts subject to this
Order; (iii) restrain the transfer of all funds, as opposed to ongoing account activity, held or
received for their benefit or to be transferred into their respective financial accounts, and any
other financial accounts tied thereto; and (iv) immediately divert those restrained funds to a
holding account for the trust of the Court;
(7)

Upon receipt of notice of this Order, Defendants and any money transmitters,

including but not limited to, TransferWise, and their related companies and affiliates, shall
further, to the extent not already done, put a hold on and prohibit the withdraw and transfer of
funds in any money transfer accounts used by Defendants for the receipt of funds in connection
with the sale of goods bearing and/or using counterfeits and/or infringements of the Gucci
Marks;

14

(8)

Upon receipt of notice of this Order, Defendants and all financial institutions,

payment processors, bank, escrow services, money transmitters, or marketplace platforms
receiving notice of this Order, including but not limited to, Amazon, PayPal, ContextLogic,
TransferWise, and their related companies and affiliates, shall further, to the extent not already
done, provide the Plaintiff’s counsel with all data that details (i) an accounting of the total funds
restrained and identifies the financial account(s) and sub-account(s) which the restrained funds
are related to, and (ii) the account transactions related to all funds transmitted into the financial
account(s) and sub-account(s) which have been restrained. No funds restrained by this Order
shall be transferred or surrendered by any financial institution, payment processor, bank, escrow
service, money transmitter, or marketplace website, including but not limited to, Amazon,
PayPal, ContextLogic, TransferWise, and their related companies and affiliates for any purpose
(other than pursuant to a chargeback made pursuant to their security interest in the funds)
without the express authorization of this Court;
(9)

Any Defendant or financial institution account holder subject to this Order may

petition the Court to modify the asset restraint set out in this Order;
(10)

This Order shall apply to the Seller IDs and Subject Domain Names, associated e-

commerce stores and websites, and any other seller identification names, e-commerce stores,
domain names and websites, or financial accounts which are being used by Defendants for the
purpose of counterfeiting the Gucci Marks at issue in this action and/or unfairly competing with
Plaintiff;
(11)

Pursuant to 15 U.S.C. § 1116(d)(5)(D) and Federal Rule of Civil Procedure 65(c),

Plaintiff shall maintain its previously posted bond in the amount of Ten Thousand Dollars and
Zero Cents ($10,000.00), as payment of damages to which Defendants may be entitled for a

15

wrongful injunction or restraint, during the pendency of this action, or until further Order of the
Court. In the Court’s discretion, the bond may be subject to increase should an application be
made in the interest of justice;
(12)

Additionally, for the purpose of providing additional notice of this proceeding,

and all other pleadings, orders, and documents filed herein, the owners, operators and/or
administrators of the Internet marketplace websites and/or financial institutions, payment
processors, banks, escrow services, money transmitters, and marketplace platforms, including
but not limited to Amazon.com, Inc., PayPal, eBay.com, ContextLogic, TransferWise, and their
related companies and affiliates shall, to the extent not already done, at Plaintiff’s request,
provide Plaintiff’s counsel with any e-mail address known to be associated with Defendants’
respective Seller IDs;
(13)

This Order shall remain in effect during the pendency of this action, or until such

further date as set by the Court or stipulated to by the parties.
DONE AND ORDERED in Fort Lauderdale, Florida, this 7th day of October, 2019.

________________________________
RODNEY SMITH
United States District Judge

Copies provided to:
Counsel of Record

16

SCHEDULE “A”
DEFENDANTS BY NUMBER, SELLER ID, SUBJECT DOMAIN NAME,
FINANCIAL ACCOUNT INFORMATION, STORE URL, AND E-MAIL ADDRESS
Def.
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35

Defendant / Seller ID
AMPTdress
Big Different Store
BOLBanana
a/k/a DZH
Boutique.
BruceMarry
China Culture and Art
Cyclyyoo Store
Dale Nixon
DeRoseStore
DF24ddhg1
Dorapocket
DUOAI
EleeFun
EXPEDER
Fendona
Harry Brown
HOtsell
a/k/a afsfddsgfgh
KDUST
langfangyingfabaowencailiaoyo
uxiangongsi
Leadlion
MAGOR
MAKGOT
MengXiangShangMao
Mingyuming
MoYoTo
naizhelun
NicebeltL
a/k/a HustonMc
qSkAif76xn
Queenchanelv
Rainbow after Storm
ranmei89
run2019belt
Sasa eShop
ShannonSIsom
Sun Hui Bo

Financial Account Information
AM0Y5MQC3BRGD
A3MZL9PO82W5MF
A3SB0V061CEEA8
A1HJD81J8Q4I26
AW5N7YOKBIWWL
A3BYMVW9HW3B22
A1HWLKZ9KXQAZQ
A34AAJYFQ3FVGZ
AGND7OBE183ZN
A2VS2UAA8S53XR
A3Q8H5FJOY270Z
A7QIYBQNYANH9
A18QIYPCFOQOLE
A12VR8BD9YFS77
A24ZJXKYQN7IXJ
A219K90V095X5W
A39J22BZB45SQ9
AJ6JGJBZQTYQV
A1U9FSOX0S08K7
A2QYI3K782T5VW
A9M9OG58PGJEN
A3FG8CJ1DDD8B1
A1UKXMTPFGGPQF
A1AE8PBXQUQTZ0
A31JPCJVXCS1XQ
A372K72U6WFLF9
A271U4XS1OQYYX
AG3IBCJZXQZB1
A1UKHPF6Q51DME
A1N2J3YS40EKBF
A1N7K5TZKQ24CI
A12BNCGNYZTXG3
A3Q14VV9KDFIDU
AZCIRHK56XFV6
AXU327NW4289D

17

Store URL /
Customer Service E-mail

Def.
No.
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
69
70
71
72
73
74

Defendant / Seller ID
Suzanne Aldridge
T TOP
Tian Tao2
TYMYsmyx
Usbandbug
a/k/a Mlover
YoGEE-Official
youlongky
yunguantui7fr
yuyue20
ZERSGF
CCLOIUY&
daituanjie321
kjelaeg
Liangdfgh
TBETECH
4827069
ananmaru_0
andrea_case
anxia_8857
asas8598
asno_45
bagupambud_0
bani-007
bizworld-99
blackrose838
breto3998
cakep_65
chicbali
chuangtianjingmi
dananindr0
denbast
evbis-47
fangche_38
goodagain20179
sincerity7440
gzllshumei
haryope
homesepuluh0
huamanlou25_0
a/k/a weba5869
jiucheng51009047

Financial Account Information
A2K2WWFMEDC60V
A34DTF29NVF61K
A3I0TMBOPRARUL
A1IKWQ2N0RSMTX
AJ6K1BJZG0D47
A29WJYZRP96VCN
A2D874I0QQQL2X
A1DDJMOIC44B56
A3IUHLBAB6ZAF4
A1HCDIT91XJMTS
A1BT2MEY7WRX8V
A1A117JMUJPO27
A18L3WOLHA1SSQ
A2NU1TJR926K3Q
A1Z27LCTU8YTR0
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Transaction
ID: 6CC0538242012442D
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

18

Store URL /
Customer Service E-mail

Def.
No.
75
76
77
78
79
80
81

Defendant / Seller ID

87
88
89
90
91
92
93
94
95
96
97
98
99

leste_mell
maddpe-39
maulanric0
meldpratam-0
mendis-groups
moshan_29
qipej2548
qpbh9129
a/k/a high-quality-bag
qunla-84
shouyashi475455-3
soufiane09
stars_jersey
store1081
a/k/a luxury1081
ts49cd
w13716706723
wpeeq7772
xinge47763
xjub9500
xuweihai6688
yaguangdianzi_86
yehaha-store
zeroyiyang
zhigaowusi447
zhu81-93
zuozuowang

100

aagun-22

101

albmelod_0

102

custom_g

103

jokid24

104

krisna_store

105

lent.e.rab22

106

lutfhad-7

107

ujansugand-0

82
83
84
85
86

Financial Account Information
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Transaction
ID: 8V963295H37651740
Transaction
ID: 0TW708430B465503E
Transaction
ID: 2PG970980H417240R
Transaction
ID: 3PP82053S51497037
Transaction
ID: 74026054HF6375843
Transaction
ID: 7U185761KP191830W
Transaction
ID: 22706978T2383400T
Transaction
ID: 5FT8745599701061E

19

Store URL /
Customer Service E-mail

Def.
No.

Defendant / Seller ID

Financial Account Information

108

aygxyyouth0106

PAYPAL *WISH

109

BYHUA

PAYPAL *WISH

110

dhyyouth0119

PAYPAL *WISH

110

jinfeng zhang

PAYPAL *WISH

111

FANSER

PAYPAL *WISH

112

GSLS

PAYPAL *WISH

113

jwkj

PAYPAL *WISH

114

ninping6224

PAYPAL *WISH

115

wangwangh

PAYPAL *WISH

116
117
117

zhaoxiaojiededianpu
bestluxurycases.com
topluxurycases.com

118

hignice.com

PAYPAL *WISH
[e-mail]
[e-mail]
TransferWise E-mail:
[e-mail]

20

Store URL /
Customer Service E-mail
https://www.wish.com/merchant/
5aa1f41d2fbbdc2564750876
https://www.wish.com/merchant/
5911aac14cb6762991bc5e83
https://www.wish.com/merchant/
5a03fb9aeea5c573afed6043
https://www.wish.com/merchant/
5ac1aef5823a3e73cfbe768a
https://www.wish.com/merchant/
596cad3acdf3291fa50f6069
https://www.wish.com/merchant/
5abd970b22fad71d2e32e4ea
https://www.wish.com/merchant/
5971a386ec40ae735e897dbd
https://www.wish.com/merchant/
58d12ee3acb37b6bbd5d3402
https://www.wish.com/merchant/
5915d6414cb67610dade8dd4
https://www.wish.com/merchant/
59292f01ff46145c81f5ebe6
[e-mail]

[e-mail]