Chanel, Inc. v. chanel255.org et al

Filing 5

Plaintiff's MOTION for Temporary Restraining Order against Defendants ( Responses due by 6/4/2012), Plaintiff's MOTION for Preliminary Injunction against Defendants by Chanel, Inc.. (Attachments: # 1 Declaration of Stephen M. Gaffigan in Support of Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction, # 2 Exhibit A to Declaration of Stephen M. Gaffigan, # 3 Exhibit B to Declaration of Stephen M. Gaffigan, # 4 Declaration of Adrienne Hahn Sisbarro in Support of Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction, # 5 Exhibit A to Declaration of Adrienne Hahn Sisbarro, # 6 Exhibit B to Declaration of Adrienne Hahn Sisbarro, # 7 Exhibit C to Declaration of Adrienne Hahn Sisbarro, # 8 Declaration of Eric Rosaler in Support of Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction, # 9 Exhibit A to Declaration of Eric Rosaler, # 10 Text of Proposed Order Granting Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order)(Gaffigan, Stephen)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 12-21762-CIV-ALTONAGA/ SIMONTON
CHANEL, INC.,
Plaintiff,
v.
CHANEL255.ORG, et al,
Defendants.

/

DECLARATION OF ERIC ROSALER
IN SUPPORT OF PLAINTIFF’S EX PARTE APPLICATION
1.

I am over 18 years of age. I have personal knowledge of the facts set forth herein.

I make this declaration in support of Plaintiff’s Ex Parte Application for Entry of Temporary
Restraining Order and Preliminary Injunction (the “Application for TRO.”)
2.

I am an officer of AED Investigations, Inc., a licensed private investigative firm.

3.

Counsel for Plaintiff, Chanel, Inc. (“Chanel”) retained my firm to investigate the

suspected sale of counterfeit Chanel products by the Partnerships and Unincorporated
Associations Identified on Schedule “A” attached to Chanel’s Application for TRO (the
“Defendants”).
4.

I accessed the Internet websites operating under the Defendants’ domain names

identified in the table below. Upon accessing each website, I was able to browse each online
store for products bearing Chanel trademarks, add products to the online shopping carts, and
proceed to a point of checkout on each website, and otherwise actively exchange data with each
website. I then placed an order via each website for the purchase of a Chanel branded product as
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detailed in the below chart, each to be shipped to my addresses in the Southern District of
Florida. Both of my purchases

were processed

entirely online, which included

providing

shipping and billing information, payment, and confirmation of each order:

Website
chanel-replica.us
fakechanel. us

Chanel Branded
Product Purchased

Date of
Purchase

Total Purchase
Price

Wallet

5/8/12

$102.26

Handbag

5/8/12

$197.24

True and correct copies of redacted excerpts of each of the foregoing websites reflecting each
Chanel branded items I purchased as detailed in the foregoing chart, together with the order
confirmation

and payment processing/confirmation

pages are attached hereto as Composite

ExhibitA.

5.True and correct copies of redacted excerpts of the foregoing websites, reflecting the
purchased product images, were provided to Adrienne Hahn Sisbarro at Chanel for her review
and analysis.
I declare under penalty of perjury under the laws of the United States of America that the

-V\
foregoing is true and correct. Executed the ~

day of May, 2012, at Aventura, Florida.

iii /t V

Eric Rosaler

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