Apple Corps Limited et al v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A"

Filing 26

ORDER GRANTING PLAINTIFFS' MOTION FOR ENTRY OF PRELIMINARY INJUNCTION. Signed by Judge Beth Bloom on 10/13/2020. See attached document for full details. (scn)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 20-cv-61916-BLOOM/Valle
APPLE CORPS LIMITED and SUBAFILMS
LIMITED,
Plaintiffs,
v.
BAGANI.MOBI, et al.,
Defendants.
/
ORDER GRANTING PLAINTIFFS’ MOTION
FOR ENTRY OF PRELIMINARY INJUNCTION
THIS CAUSE is before the Court upon Plaintiffs’ Motion for Preliminary Injunction
(“Motion”), ECF No. [9]. The Court has carefully considered the Motion, the record in this case,
and the applicable law, and is otherwise fully advised.
By the instant Motion, Plaintiffs, Apple Corps Limited and Subafilms Limited
(collectively “Plaintiffs”), move for entry of a preliminary injunction against Defendants,1 for
alleged violations of the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a). The Court held a hearing
by video conference on October 13, 2020, which was attended by counsel for Plaintiffs only.
During the hearing, Plaintiffs directed the Court to evidence supporting the Motion for
Preliminary Injunction. Prior to the hearing, Plaintiffs notified the Court that it had received an
email inquiry from Defendant Number 182 to which Plaintiffs provided notice of the hearing and

1

Defendants are the Individuals, Partnerships, and Unincorporated Associations identified on Schedule
“A” hereto (collectively “Defendants”).
Plaintiffs’ counsel was also contacted via email by attorneys based in the United States and China
regarding a possible resolution of the matter on behalf of Defendant Numbers 15, 18, 19, 35, 37, 38, 40,
45, 47, 51, 53, 54, 60, 62, 63, 65, 70, 81, 82, 83, 87, 89, 91, 94, and 95, ECF No. [24], at n.1.
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Defendants’ rights to file answers in response to Plaintiffs’ claims. Other email communications
were received but were in the context of attempting to resolve the case and were not objections
to the issuance of a preliminary injunction. None of the Defendants formally responded to the
Motion, nor have they made any appearance or filing in this case, other than the abovementioned emails, either individually or through counsel. Because Plaintiffs have satisfied the
requirements for the issuance of a preliminary injunction, the Court grants the Motion.
I. FACTUAL BACKGROUND3
Plaintiff, Apple Corps Limited, 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
“BEATLES Marks”):

Trademark

THE BEATLES

Registration
Number

Registration
Date

1,752,120

February 16,
1993

Class(es) / Good(s)

IC 025 - Headwear, sweatshirts, t-shirts,
shirts.
IC 026 - Belt buckles.

BEATLES

BEATLES

3,680,063

4,373,956

September 8,
2009

July 30, 2013

IC 006 – Key rings and key chains.
IC 026 – Ornamental buckles for clothing.

IC 009 - Decorative refrigerator
magnets; computer keyboard accessories,

However, counsel or Defendants have not entered any formal appearance or filed any response with the
Court as of this date.
The factual background is taken from Plaintiffs’ Complaint, ECF No. [1], Plaintiffs’ Motion, ECF No.
[9], and supporting evidentiary submissions. Plaintiffs filed declarations and exhibits annexed thereto in
support of their Motion. The declarations are available in the docket at the following entries: Declaration
of Paul Cole, ECF No. [9-1], Declaration of Stephen M. Gaffigan, ECF No. [9-2], and Declaration of
Kathleen Burns, ECF No. [9-3].
3

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namely mouse pads and wrist rests in the
form of pads for use with computers;
telephone apparatus, namely, telephones;
telephone receivers, telephone answering
machines, mobile telephones; cases for
mobile telephones; cell phone covers;
covers for mobile telephones, namely,
fitted plastic films known as skins for
covering and protecting electronic
apparatus in the nature of mobile
telephones; straps for mobile telephones;
telephone call indicator lights and electromechanical shakers for detecting and
signaling incoming telephone calls;
mechanical and electric egg timers; boxes
and cases specially adapted for holding
audio cassettes, video cassettes,
gramophone records, audio compact discs,
audio mini discs, video discs, and
interactive compact discs or cd-roms.
IC 014 - Jewelry; horological and
chronometric instruments, namely,
watches and clocks; cuff links, bracelets,
pendants, medallions, trinkets being
jewelry, charms being jewelry, ornamental
pins.
IC 015 – Musical instruments.
IC 018 - Luggage, clutch bags, rucksacks,
backpacks, umbrellas; bags, namely,
handbags, shoulder bags, all-purpose
sports bags, carry-on flight bags, suitcases,
school bags, satchels, gym bags, tote bags,
textile shopping bags.
IC 025 - Footwear and headgear, namely,
hats and caps; clothing, namely, shirts,
polo shirts, t-shirts, sweatshirts; jackets,

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coats; scarves; neck-ties; socks; longsleeved shirts and long sleeved t-shirts;
fleece tops; thermal tops; jerseys; tank
tops; swim wear; slippers; cloth babies'
bibs.

See Declaration of Paul Cole, ECF No. [9-1], at 4-5; ECF No. [1-2] (containing Certificates of
Registrations for the BEATLES Marks at issue). The BEATLES Marks are used in connection
with the manufacture and distribution of quality goods in the categories identified above. See
Declaration of Paul Cole, ECF No. [9-1], at 4-5.
Plaintiff, Subafilms Limited, is the owner of the following trademark which is valid and
registered on the Principal Register of the United States Patent and Trademark Office (the
“YELLOW SUBMARINE Mark”):

Trademark

Registration
Number

Registration
Date

November 6,
2007

3,328,170

Class(es) / Good(s)
IC 025 - Shirts; polo shirts; tshirts; long-sleeved shirts and
long-sleeved t-shirts; sweatshirts;
jackets; pullovers; vests; scarves;
neck-ties; hats; caps; sock;
thermal tops; jerseys; sweaters;
tank tops; pajamas; clothing for
toddlers, infants and babies
namely, one piece garments for
infants and toddlers, sleep suits, tshirts and long-sleeved t-shirts.

See Declaration of Paul Cole, ECF No. [9-1], at 10-11; ECF No. [1-3] (containing Certificate of
Registration for the YELLOW SUBMARINE Mark at issue). The YELLOW SUBMARINE
Mark is used in connection with the manufacture and distribution of quality goods in the
category identified above. See Declaration of Paul Cole, ECF No. [9-1], at 10-11.

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Defendants, by operating commercial Internet websites and Internet based e-commerce
stores operating under Defendants’ respective domain names and seller identification names
identified on Schedule “A” hereto (the “Subject Domain Names and Seller IDs”), have
advertised, promoted, offered for sale, or sold goods bearing and/or using what Plaintiffs have
determined to be counterfeits, infringements, reproductions or colorable imitations of the
BEATLES Marks and/or the YELLOW SUBMARINE Mark (collectively “Plaintiffs’ Marks”).
See Declaration of Paul Cole, ECF No. [9-1], at 16-20; Declaration of Stephen M. Gaffigan, ECF
No. [9-2], at 2; Declaration of Kathleen Burns, ECF No. [9-3], at 4.
Although each Defendant may not copy and infringe each of Plaintiffs’ Marks for each
category of goods protected, Plaintiffs have submitted sufficient evidence showing each
Defendant has infringed, at least, one or more of Plaintiffs’ Marks. See Declaration of Paul Cole,
ECF No. [9-1], at 16-23. Defendants are not now, nor have they ever been, authorized or
licensed to use, reproduce, or make counterfeits, reproductions, and/or colorable imitations of
Plaintiffs’ Marks. See Declaration of Paul Cole, ECF No. [9-1], at 16, 18-20, 23.
Counsel for Plaintiffs retained Invisible Inc (“Invisible”), a licensed private investigative
firm, to investigate the promotion and sale of counterfeit and infringing versions of Plaintiffs’
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 Plaintiffs’ branded products. See
Declaration of Paul Cole, ECF No. [9-1], at 17; Declaration of Stephen M. Gaffigan, ECF No.
[9-2], at 2; Declaration of Kathleen Burns, ECF No. [9-3], at 3. Invisible accessed the Internet
websites and Internet based e-commerce stores operating under the Subject Domain Names and
Seller IDs and placed orders from each Defendant for the purchase of various products, all

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bearing4 and/or using counterfeits of, at least, one of Plaintiffs’ trademarks at issue in this action,
and requested each product to be shipped to Invisible’s address in the Southern District of
Florida. See Declaration of Kathleen Burns, ECF No. [9-3], at 4. Each order was processed
entirely online, and following the submission of the orders, Invisible received information for
finalizing payment5 for the various products ordered via Amazon Payments, Inc.,6 via
DHpay.com,7 via PayPal, Inc. (“PayPal”)8 to Defendants’ respective PayPal accounts and/or via
Defendants’ respective payee,9 which are identified on Schedule “A” hereto.10 (See id.) At the

4

A certain Defendant blurred-out and/or physically altered the images of Plaintiffs’ Marks on the product
being offered for sale via its e-commerce store. The product Invisible received from this Defendant bears
Plaintiffs’ Marks in their entirety. (See Burns Decl. ¶ 4, n.1.)
5

Invisible was instructed not to transmit the funds to finalize the sale for the orders from some of the
Defendants so as to avoid adding additional funds to Defendants’ coffers. (See Gaffigan Decl. ¶ 2, n.1;
Burns Decl. ¶ 4, n.2.)
6

Defendant Numbers 3-9 operate via the non-party Internet platform Amazon.com. Amazon allows
Defendants to conduct their commercial transactions privately via Amazon’s payment processing and
retention service, Amazon Payments, Inc. As such, Defendants’ payment information is not publicly
disclosed, but Amazon Payments, Inc. has the ability to identify and restrain the payment accounts using a
seller’s unique seller identification number. (See Gaffigan Decl. ¶ 5; Burns Decl. ¶ 4, n.3.)
7

Defendant Number 10 uses the non-party Internet platform DHgate.com, which processes its payments
via the third-party platform, DHpay.com. The DHgate.com and DHpay.com platforms are operated by the
Dunhuang Group, who utilizes Camel FinTech Inc to process transactions and deal with refunds and
chargebacks on behalf of DHgate.com to its customers. (See Burns Decl. ¶ 4, n.4; Gaffigan Decl. ¶ 6.)
8

Defendant Numbers 1-2 and 11-36 use money transfer and retention services with PayPal. Upon
completion of Invisible’s purchases from Defendant Numbers 13, 15, 26 and 35 operating via eBay.com,
Invisible discovered that the PayPal receipts received did not identify the Defendants’ PayPal financial
accounts in the form of an e-mail address. However, the receipts identify the Transaction Identification
Number (“Transaction ID”) for the purchase made from each Defendant’s Seller IDs, and PayPal is able
to identify a PayPal account using the Transaction ID. (See Burns Decl. ¶ 4, n.5.)
The payee for the orders placed from Defendant Numbers 37-98 identifies “Joom USA Inc,” which is
the aggregate PayPal account for purchases made via Joom.com. (See Burns Decl. ¶ 4 n.6; Gaffigan
Decl. ¶ 8.) The Joom.com platform itself is not the ultimate merchant, but it can tie a particular Seller ID
using the seller’s unique merchant identification number to a reported transaction and identify the
merchant’s funds held within the aggregate account. (See Gaffigan Decl. ¶ 8.)
9

The payee for the orders placed from Defendant Numbers 99-102’s Wish.com Seller IDs identifies
“PayPal *Wish,” which is the aggregate PayPal account for purchases made Wish.com. (See Burns Decl.

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conclusion of the process, the detailed web page captures11 and images of the various Plaintiffs’
branded products ordered via Defendants’ Subject Domain Names and Seller IDs, 12 together
with photographs of one of the products received, were sent to Plaintiffs’ representative, Paul
Cole, for inspection. See Declaration of Paul Cole, ECF No. [9-1], at 18; Declaration of Stephen
M. Gaffigan, ECF No. [9-2], at 2.
Plaintiffs’ representative reviewed and visually inspected the detailed web page captures
and photographs reflecting Plaintiffs’ branded products Invisible ordered from Defendants
through the Internet websites and Internet based e-commerce stores operating under their
respective Subject Domain Names and Sellers IDs, and determined the products were not
genuine versions of Plaintiffs’ goods. See Declaration of Paul Cole, ECF No. [9-1], at 18-20.
On September 21, 2020, Plaintiffs filed their Complaint, ECF No. [1], against Defendants
for trademark counterfeiting and infringement, false designation of origin, common law unfair
competition, and common law trademark infringement. On September 22, 2020, Plaintiffs filed
their Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction,
and Order Restraining Transfer of Assets, ECF No. [9]. On September 23, 2020, this Court
entered a sealed Temporary Restraining Order, ECF No. [11], and temporarily restrained

¶ 4 n.6; Gaffigan Decl. ¶ 9.) The Wish.com platform itself is not the ultimate merchant, but it can tie a
particular Seller ID using the seller’s unique merchant identification number to a reported transaction and
identify the merchant’s funds held within the aggregate account. (See Gaffigan Decl. ¶ 9.)
10

Defendant Numbers 1-2 also provided contact e-mail addresses in connection with their Subject
Domain Names, which are included on Schedule “A” hereto. (See Burns Decl. ¶ 4 n.7.)
The web pages captured and downloaded by Plaintiffs’ counsel’s office, Stephen M. Gaffigan, P.A.,
identifying the Seller Identification Number, Store Name and/or Store Number for certain Defendants are
included in Comp. Exs. “2,” “5” and “6” to the Burns Decl.
11

12

Certain Defendants changed their seller identification names during the preparation and filing of the
Application for Temporary Restraining Order in this case. These Defendants, together with their alias
seller identification names are identified on Schedule “A” to the Application for Temporary Restraining
Order.

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Defendants from infringing Plaintiffs’ Marks at issue. The Temporary Restraining Order also
directed Amazon Payments, Inc. (“Amazon”), Dunhuang Group which operates the DHgate.com
and DHPay.com platforms, Camel FinTech Inc., PayPal, Inc. (“PayPal”), SIA Joom, which
operates the Joom.com platform (“Joom”), and ContextLogic, Inc., which operates the Wish.com
website (“ContextLogic”), to identify and restrain funds in payment accounts associated with
Defendants and to divert those funds to a holding account. Pursuant to the Court’s September 23,
2020 Order, Plaintiffs served Defendants with a copy of the Complaint together with copies of
the Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and
Order Restraining Transfer of Assets, and the Court’s September 23, 2020 Temporary
Restraining Order, thereby providing notice and copies of the September 23, 2020 Temporary
Restraining Order and Plaintiffs’ Ex Parte Application for Entry of Temporary Restraining
Order, Preliminary Injunction, and Order Restraining Transfer of Assets via email to each
Defendant’s corresponding email/online contact form, and by posting copies of the Temporary
Restraining Order and all other pleadings and documents on file in this action on the website
located at http://servingnotice.com/artfr4/index.html. Thereafter, Certificates of Service were
filed confirming service on each Defendant, ECF Nos. [20] and [21].
II.

LEGAL STANDARD

To obtain a preliminary injunction, a party must demonstrate “(1) 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).

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III.

ANALYSIS

The declarations Plaintiffs submitted in support of their Motion for Preliminary
Injunction support the following conclusions of law:
A.

Plaintiffs have a strong probability of proving at trial that consumers are likely to

be confused by Defendants’ advertisement, promotion, sales, offer for sale, and/or distribution of
goods bearing and/or using counterfeits, reproductions, or colorable imitations of Plaintiffs’
Marks, and that the products Defendants are selling and promoting for sale are copies of
Plaintiffs’ products that bear copies of Plaintiffs’ Marks;
B.

Because of the infringement of Plaintiffs’ Marks, Plaintiffs are likely to suffer

immediate and irreparable injury if a preliminary injunction is not granted. The following
specific facts, as set forth in Plaintiffs’ Complaint, Motion for Preliminary Injunction, and
accompanying declarations on file, that immediate and irreparable loss, damage, and injury will
result to Plaintiffs and to consumers because it is more likely true than not that:
1.

Defendants own or control Internet websites and Internet based e-

commerce stores operating under their Subject Domain Names and Seller IDs which advertise,
promote, offer for sale, and sell products bearing and/or using counterfeit and infringing
trademarks in violation of Plaintiffs’ rights; and
2.

There is good cause to believe that more counterfeit and infringing

products bearing Plaintiffs’ trademarks will appear in the marketplace; that consumers are likely
to be misled, confused, and disappointed by the quality of these products; and that Plaintiffs may
suffer loss of sales for their 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

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by the potential harm to Plaintiffs, their respective reputations, and their goodwill as
manufacturers and distributors of quality products, if such relief is not issued.
D.

The public interest favors issuance of the preliminary injunction to protect

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

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

remedy, the illegal profits gained through Defendants’ distribution and sales of goods bearing
and/or using counterfeits and infringements of Plaintiffs’ Marks. See Reebok Int’l, Ltd. v.
Marnatech Enters., Inc., 970 F.2d 552, 559 (9th Cir. 1992) (quoting Fuller Brush Products Co.
v. Fuller Brush Co., 299 F.2d 772, 777 (7th Cir. 1962) (“An accounting of profits under §
1117(a) is not synonymous 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 (11th Cir. 1995) (citing Federal Trade
Commission v. United States Oil and Gas Corp., 748 F.2d 1431, 1433-34 (11th Cir. 1984)); and
G.

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

likelihood that Defendants have violated federal trademark laws, Plaintiffs have good reason to
believe Defendants will hide or transfer their ill-gotten assets beyond the jurisdiction of this
Court unless those assets are restrained.
IV.

CONCLUSION

Accordingly, it is ORDERED AND ADJUDGED that Plaintiffs’ Motion, ECF No. [9],
is GRANTED as follows:

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(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 enjoined and restrained until further Order of this Court:
a. From manufacturing, importing, advertising, promoting, offering to sell,
selling, distributing, or transferring any products bearing and/or using
Plaintiffs’ Marks, or any confusingly similar trademarks, other than those
actually manufactured or distributed by the Plaintiffs; and
b. From secreting, concealing, destroying, selling off, transferring, or
otherwise disposing of: (i) any products, not manufactured or distributed
by Plaintiffs, bearing and/or using Plaintiffs’ Marks, or any confusingly
similar trademarks; or (ii) any evidence relating to the manufacture,
importation, sale, offer for sale, distribution, or transfer of any products
bearing and/or using Plaintiffs’ 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
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
Plaintiffs’ Marks or any confusingly similar trademarks, on or in connection with all Internet
websites and Internet based e-commerce stores owned and operated, or controlled by them,
including the Internet websites and Internet based e-commerce stores operating under the Subject
Domain Names and Seller IDs;
(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
Plaintiffs’ Marks, or any confusingly similar trademarks within domain name extensions,
metatags or other markers within website source code, from use on any webpage (including as

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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 websites and Internet based ecommerce stores registered, owned, or operated by any Defendant, including the Internet
websites and Internet based e-commerce stores operating under the Subject Domain Names and
Seller IDs;
(4)

Each Defendant shall not transfer ownership of the Internet websites or Internet

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

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

payment processors, banks, escrow services, money transmitters, or marketplace platforms,
including but not limited to, Amazon Payments, Inc. (“Amazon”), Dunhuang Group which
operates the DHgate.com and DHPay.com platforms, Camel FinTech Inc., PayPal, Inc.
(“PayPal”), SIA Joom, which operates the Joom.com platform (“Joom”), ContextLogic, Inc.,
which operates the Wish.com website (“ContextLogic”), and their related companies and
affiliates shall (i) to the extent not already done, (i) immediately identify and restrain all funds in
all financial accounts and/or sub-accounts associated with the Internet websites and Internet
based e-commerce stores operating under the Subject Domain Names and Seller IDs, merchant

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identification numbers, and/or the e-mail addresses identified on Schedule “A” hereto, as well as
any other related 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, the 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, Dunhuang Group which
operates the DHgate.com and DHPay.com platforms, Camel FinTech Inc., PayPal, Joom,
ContextLogic, and their related companies and affiliates, shall further, to the extent not already
done, provide Plaintiffs’ counsel with all data that details (i) an accounting of the total
funds restrained and identify 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, Dunhuang Group which operates the DHgate.com and DHPay.com platforms, Camel
FinTech Inc., PayPal, Joom, ContextLogic, 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;

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(8)

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

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

As a matter of law, this Order shall no longer apply to any Defendant or

associated e-commerce store, photo album, or domain name dismissed from this action, or as to
which Plaintiffs have withdrawn their request for a preliminary injunction;
(11)

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

Plaintiffs 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
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, Dunhuang Group which operates the DHgate.com and DHPay.com
platforms, Camel FinTech Inc., PayPal, Joom, ContextLogic, and their related companies and
affiliates shall, to the extent not already done, at Plaintiffs’ request, provide Plaintiffs’ counsel

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with any e-mail address known to be associated with the Defendants’ respective Subject Domain
Names and Seller IDs;
(13)

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

further Order of this Court.
DONE AND ORDERED in Chambers at Miami, Florida, on October 13, 2020

________________________________
BETH BLOOM
UNITED STATES DISTRICT JUDGE
Copies to:
Counsel of Record via E-mail.

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SCHEDULE A:
DEFENDANTS BY NUMBER, SELLER ID, SUBJECT DOMAIN NAME,
ASSOCIATED FINANCIAL ACCOUNTS, ASIN AND E-MAIL ADDRESS
Def.
No.

Defendant / Subject
Domain Name / Seller ID

1

bagani.mobi

2

Financial Account Information

Amazon Item ASIN or EMail Address

pretty-shirt.com

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

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

3

Art Fish

A27I3WBO2K55RU

B0871FG7SP

4

DIEU LINH NGUYEN

A3I79ZTDZ340QO

B089YFF4HH

5

fresrddtgf

A3NSCKLC2P2SBP

6

Hthygy

A3TDLBV3PO80H0

7

Ielzpmd13dt

A3FLVF333045P6

B086ZQ6S5X
B086MXVHFH
B086MXKH7M
B084QFBWQX
B084Q5F8NB

8

A26T708L9VJWO3

B086TT4NBQ

9

Robert Dtesta
tengzhoushilongquandongc
henglifadian

ALP606MTO5XVT

B08DN8G4XQ

10

Wildwear

14774358

11

ahmamuqorrobi_0

[e-mail]

12

armalag0

13

atlanso

[e-mail]
PayPal transaction ID:
0BJ86154AX1650219

14

cathely_0

15

charms-price-storm

[e-mail]
PayPal transaction ID:
172385685J441662G

16

goodkitchen4u

[e-mail]

17

lahie_64

[e-mail]

18

levtstore

[e-mail]

19

lovecharmworld2012

[e-mail]

20

malca

[e-mail]

21

maulidi0

[e-mail]

22

mo246145

[e-mail]

23

nafssabri_0

[e-mail]

16

Case 0:20-cv-61916-BB Document 26 Entered on FLSD Docket 10/13/2020 Page 17 of 19
Case No. 20-cv-61916-BLOOM/Valle

24

ngutat_27

[e-mail]

25

nguyenyen.tore

26

nxhstore1994

[e-mail]
PayPal transaction ID:
37660833KR429173Y

27

revay0

[e-mail]

28

siriz-16

[e-mail]

29

skinny14680

[e-mail]

30

sukmdevia

[e-mail]

31

tri-j28

[e-mail]

32

trph-6912

[e-mail]

33

tru-9394

[e-mail]

34

winkel.99

35

wybeads-fine-jewelry

[e-mail]
PayPal transaction ID:
867530313C923941J

36

yususety_0

[e-mail]

37

3 Idiots

5d458ec91436d4030122195c

38

antelope

5d52835f28fc710301a00a8e

39

Arbutus-34

40

Baby dress

5b51a4768b2c370353deec85
1517884686413800174-140-5-7092672229233

41

Bangkok a/k/a Bangkok29

5af0100b1436d40316ec6fed

42

Bennet a/k/a Bennet28

5afa4ce08b2c370317df95eb

43

Berlin a/k/a Berlin42

5af012358b45130383483864

44

Betelnut06

45

Better time

5afa48041436d403aa69de51
1513587289219863090-86-3-7093245415502

46

Cabbage a/k/a Cabbage47

5afa50c38b4513036342ffd4

47

Cefef

5da414d01436d40301cf884d

48

confer15

5df6fc2328fc710301c5d270

49

CowboyJean

5bc978bf28fc7103172e72e3

50

Desert Rose-19

5b51a1518b451303bc8c112a

17

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Case No. 20-cv-61916-BLOOM/Valle

51

DM Decor

5d9e9d231436d40301c40569

52

Dusty Miller-25

5b51a2278b2c370353dec79e

53

eight octopus

5d5e817f8b2c3703019caf83

54

5d9b587836b54d03012c2c64

55

ERNX
Fashion 3C Phone Case
Store

56

flashlight07

5df6fb781436d40301f25ec0

57

found303

5e09697f8b45130301d4c189

58

Golden Bamboo-26

5b51a25a8b451303bc8c1ad7

59

guard309

5e0969d08b2c37030172df09

60

House Yami

5dc386a28b451303011fbe05

61

hung304

5e09698936b54d03010f6d5e

62

JO186

5db712118b2c3703013b84d4

63

JO427

5de557b328fc710301599fbb

64

Laomeng05

5df6fb4e8b2c370301fb66be

65

Les choristes

5d458edd8b2c370301c36350

66

LiliumL-3

5b5199ea8b2c370353de6958

67

Melon a/k/a Melon41

5afa4f5a8b4513036342e94a

68

Mens-Clothes04

5acf1de11436d40371bd0258

69

Mexico City

5af0103f1436d40316ec714e

70

Mini Malls

5bdc29ec8b2c37032676b0f0

71

Montreal a/k/a Montreal45

5af012798b45130383483be3

72

Music Bar01

5aced10b1436d40371b8684a

73

Nectarine a/k/a Nectarine27

5afa4c318b2c370317df8928

74

out52

5e0da2711436d403015c64c5

75

out61

5e0da56836b54d03019facd0

76

Pagoda Tree-20

5b51a16e1436d40366ca7262

77

Peach

5afa49dc8b2c370317df6a15

78

Pineapple a/k/a Pineapple18

5afa49f58b2c370317df6b9a

5d171fcd1436d403019bf6bc

18

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Case No. 20-cv-61916-BLOOM/Valle

79

Pitaya a/k/a Pitaya19

5afa4a028b2c370317df6bff

80

realize12

5df6fbed1436d40301f27fc7

81

SDGI

5d9b543436b54d03012bc4ec

82

Shopping Night

5d9ad3c38b2c3703012267cf

83

Sky of shop

5db81be628fc7103019508de

84

Smart Watches05

5acf38eb8b2c37035e9540b6

85

Star Cluster-32

5b51a3131436d40366ca872e

86

stripping306

5e0969ad28fc71030121f6bd

87

SuperModel

5cac51b68b45130301702b34

88

template03

5df6fb1328fc710301c58091

89

Titanic

5d458e728b45130301192fcf

90

Tokyo a/k/a Tokyo04

5af00ea88b4513038347df3b

91

TopKitchen World

5d7f422736b54d0301b14ff1

92

vanished302

5e0969731436d40301cc7b6c

93

vast300

5e09695d8b45130301d4bbcc

94

Vovlo Office

5cb4296736b54d0301ead15f

95

Vwiwi

5da417278b2c370301700e09

96

Walnut a/k/a Walnut21

5afa4a508b4513036342a2d9

97

willnot11

5df6fbcc8b451303011e7816

98

withdrawn301

5e0969698b2c37030172cd5c

99

WDRDIEV

5d58b8449373f45fb03a865f

100

YIJIN03

5d5020a07ad2420b0af72029

101

YIJIN18

5d54e6d23db43e584e3583a6

102

ZHOUJIE56

5d5776f1560eca3980ed6b5e

19