IDEAVILLAGE PRODUCTS CORP. v. 207058772, et al.

Filing 68

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION: The Court, having considered the Memorandum of Law and Affidavit of Brieanne Scully in support of Plaintiff s Motion for Default Judgment and a Permanent Injunction Against Defaulting Defendant, the Ce rtificates of Service of the Summons and Complaint, the Certificate of the Clerk of the Court stating that no answer has been filed in the instant action, and upon all other pleadings and papers on file in this action, it is hereby ORDERED, ADJUDGED AND DECREED as follows: Judgment is granted in favor of Plaintiff on all claims properly plead against Defaulting Defendants in the Complaint; 1) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve both s prohibitions on willful i nfringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages award requested in its Motion for Default Judgment, the Court finds such an award to be reasonable and Plaintiff is awarded statutory damages against ea ch of the Defaulting Defendants pursuant to Section 15 U.S.C. § 1117(c) judgment interest, for a total of Seven Million Twenty-Five Thousand Dollars ($7,025,000.00), as set forth in this order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, t hat Defaulting Defendant, its respective officers, agents, servants, employees, successors and assigns and all persons acting in concert with or under the direction of Defaulting Defendants (regardless of whether located in the United States or abroa d), who receive actual notice of this Order are permanently enjoined and restrained from: the following provisions as further set forth in this order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Third Party Service Providers and Financial In stitutions are permanently enjoined and restrained from: A. secreting, concealing, transferring, disposing of, withdrawing, encumbering or paying any of the Defaulting Defendants' Frozen Assets from or to Defaulting Defendants' Financial Ac counts until further ordered by this Court. IT IS FURTHER ORDERED, as sufficient cause has been shown, that such alternative service by electronic means that was ordered in the TRO and PI Order, shall be deemed effective as to Defendants, Financial I nstitutions and Third Party Service Providers through the pendency of this action. IT IS FURTHER ORDERED, as sufficient cause has been shown, that the Defendants are forbidden to make or suffer any sale, assignment, transfer or interference with any property in which they have an interest, except as set forth in subdivisions (h) and (i) of Section 5222 of the CPLR, for a thirty (30) day period after the entry of this Order. Any failure by Defaulting Defendants to comply with the terms of this Or der shall be deemed contempt of Court, subjecting Defaulting Defendants to contempt remedies to be determined by the Court, including fines and seizure of property; The Court releases the Five Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff submitted in connection with this action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, Suite 2520, New York, NY 10165; and This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order. So Ordered. (Signed by Judge Victor Marrero on 5/6/2020) (js) Transmission to Finance Unit (Cashiers) for processing.

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 1 of 18

Jason M. Drangel (JD 7204)
[e-mail]
Ashly E. Sands (AS 7715)
[e-mail]
Brieanne Scully (BS 3711)
[e-mail]
EPSTEIN DRANGEL LLP
60 East 42nd Street, Suite 2520
New York, NY 10165
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Ideavillage Products Corp.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IDEAVILLAGE PRODUCTS CORP.,
Plaintiff
v.
207058772, 3CSHOPPINGTANG, 598LASENBY,
666XX666,
ACHIEVEMENT,
AIKMARK,
ALICEMEIMEI, ANGOTRADING, ANNA WOO
ACCESSORIES, APGBEWEH, ASPIRATION88,
ATHAPPYSHOPPING,
AWUCCKO,
BEGINAGAIN5,
BEIJINGYISHIYE,
BEST
MERCHANT1, BESTTREE, BING BING LINGERIE
STORE,
BLANKL,
BOLIN2016,
CALISTO,
CARINA.LILI, CHENYANFAN, COFFEETIME,
COSPLAY WIG, DAN NI 2017, DE423, DGDSAFGH,
ELINGSTORE, ERJIFEIJIEDAA, FASHION BA,
FASHION
UTOPIA
E-COMMERCE
FIRM,
FORBUY, GOOD BAMBOO AND BAMBOO FIBER,
GRANDPASTORE,
HAININGJIESHENCOLTD,
HAIZHISALT,
HAOHAOHOME,
HAOXIAOZI
INTERNATIONAL, HAPPY RUNNING, HERO
STORY, HFF, HHJIN, HITWOTWO, HOPEWELL,
HUABINSTORE,
INNOVATION
WORKS,
JDOFJDFG34,
JIATING12,
JINCHUN1956,
JINGLE_JING764, JUNGLECOLOUR, JXBDHER,
KINGKMALL, KOBETON TECHNOLOGY CO.,
LTD, KRISTY, LANSETIANKONG, LEECHANCE,

18-cv-6512 (VM)
[PROPOSED]
FINAL DEFAULT JUDGMENT
AND PERMANENT
INJUNCTION ORDER

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 2 of 18

LEEKEN FASHION, LEISURE SUPPLY, LILY'S
CRAZY, LONGJI, LOVE YOU LIKE ME DO,
MARGOT FELICE HOUSE, MATIAFASHION1020,
MEILUNMEIHUAN, MIAOSHIFUSHI, NANVI,
NEELLERY, NEW MERCHANT, NEWMALL20,
NINGBOKEXIJINCHUKOUYOUXIANGONGSI,
NTRV2017, PERFECT
MEN, PLOFASHION,
PRETTYPRETTYPRETTYPRETTYBOY,
PSY13821428897, PUDANDAN, RXQSTORE, SELL
TO BUY, SENWILL, SEXYGIRL1990, SHANE
SHANG,
SHAYIN,
SHENZHEN
TONTOP
TECHNOLOGY CO., LTD, SHENZHEN ZHENGDA
HENGGUANG
TECHNOLOGY
CO.
LTD.,
SHENZHENFUZHUANGMAOYIYOUXIANGONGS
IDIANPU,
SHENZHENSHIHEZHIYANKEJIYOUXIANGONGS
I,
SHENZHENSHIZIYIYUNCHANGMAOYIYOUXIA
NGONGSI,
SHUANXIANG
STORE,
SP007,
SPRINGFLOWER633,
STARLUCKY13,
STEPHANIELIAW, SUNAIW, SUNDY, SUNQUAN,
SUPERF6,
SWEETYYI,
TANGGELAO,
TAOXIAOTAOAINI,
TASTY,
TOMEOER,
TURNRIGHT2019, U45HER932HEQ, VEMLEOM,
VICLERASHOP,
VOCOTATA,
VONERS,
WECREATE,
WEIZIJIAN,
WIS_TRADING,
XCLOUD,
XIAOMAIJIA,
XINGYE0827,
YANGMINGZQ178, YAOYAOYZ, YOUNGIRLS,
YUEKAITECH,
YUNFASH,
YUXIAOXIONG,
ZHANG JIA HUI SHOP, ZHANGWAN525,
ZHONGF2021803, ZHONGF2021805, ZHUYUSHA
and ZZING,
Defendants

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 3 of 18

GLOSSARY
Term

Definition

Plaintiff or
Ideavillage

Ideavillage Products Corp.

Defendants

207058772, 3Cshoppingtang, 598Lasenby, 666xx666,
achievement, aikmark, Alicemeimei, angotrading, ANNA
WOO
ACCESSORIES,
apgbeweh,
Aspiration88,
athappyshopping, Awuccko, BeginAgain5, beijingyishiye,
Best merchant1, besttree, Bing Bing lingerie store, Blankl,
bolin2016, CALISTO, carina.lili, chenyanfan, Coffeetime,
cosplay wig, Dan ni 2017, DE423, dgdsafgh, elingstore,
erjifeijiedaa, Fashion ba, Fashion Utopia E-Commerce Firm,
forbuy, Good bamboo and bamboo fiber, grandpastore,
hainingjieshencoltd, haizhisalt, haohaohome, haoxiaozi
international, Happy Running, Hero Story, hff, hhjin,
hitwotwo, hopewell, huabinstore, Innovation Works,
jdofjdfg34, JIATING12, jinchun1956, Jingle_Jing764,
JungleColour, jxbdher, kingkmall, Kobeton Technology Co.,
Ltd, Kristy, lansetiankong, LeeChance, leeken fashion,
Leisure supply, Lily's crazy, longji, love you like me do,
Margot Felice House, MatiaFashion1020, meilunmeihuan,
miaoshifushi, Nanvi, neellery, New merchant, Newmall20,
ningbokexijinchukouyouxiangongsi, ntrv2017, Perfect Men,
plofashion, PrettyPrettyPrettyPrettyBoy, psy13821428897,
pudandan, RXQstore, Sell to buy, SENWILL, Sexygirl1990,
shane shang, shayin, Shenzhen tontop Technology Co., Ltd,
Shenzhen Zhengda Hengguang Technology Co. ltd.,
shenzhenfuzhuangmaoyiyouxiangongsidianpu,
shenzhenshihezhiyankejiyouxiangongsi,
shenzhenshiziyiyunchangmaoyiyouxiangongsi, shuanxiang
store, sp007, springflower633, starlucky13, stephanieliaw,
sunaiw, SUNDY, sunquan, SuperF6, sweetyyi, tanggelao,
taoxiaotaoaini,
tasty,
Tomeoer,
TurnRight2019,
u45her932heq, vemleom, viclerashop, vocotata, Voners,
Wecreate, weizijian, wis_trading, xcloud, xiaomaijia,
xingye0827,
yangmingzq178,
yaoyaoyz,
Youngirls,
Yuekaitech, YunFASH, yuxiaoxiong, zhang jia hui shop,
zhangwan525, zhongf2021803, zhongf2021805, zhuyusha
and zzing

i

Docket Entry
Number
N/A
N/A

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 4 of 18

Defaulting
Defendants

Wish

Sealing Order
Complaint
Application

207058772, 3Cshoppingtang, achievement, aikmark,
Alicemeimei, angotrading, ANNA WOO ACCESSORIES,
athappyshopping, Awuccko, beijingyishiye, Best merchant1,
besttree, Bing Bing lingerie store, carina.lili, chenyanfan,
Coffeetime, cosplay wig, Dan ni 2017, DE423, elingstore,
erjifeijiedaa, Fashion Utopia E-Commerce Firm, Good
bamboo and bamboo fiber, hainingjieshencoltd, haohaohome,
Happy Running, Hero Story, hhjin, hitwotwo, huabinstore,
Innovation Works, JIATING12, kingkmall, Kobeton
Technology Co., Ltd, lansetiankong, LeeChance, leeken
fashion, Leisure supply, Lily's crazy, longji, love you like me
do,
Margot
Felice
House,
New
merchant,
ningbokexijinchukouyouxiangongsi,
ntrv2017,
PrettyPrettyPrettyPrettyBoy, psy13821428897, pudandan,
RXQstore, Sell to buy, SENWILL, Sexygirl1990, shayin,
Shenzhen
tontop
Technology
Co.,
Ltd,
shenzhenshihezhiyankejiyouxiangongsi,
shenzhenshiziyiyunchangmaoyiyouxiangongsi, shuanxiang
store, sp007, starlucky13, stephanieliaw, sunaiw, SUNDY,
SuperF6, sweetyyi, tanggelao, taoxiaotaoaini, Tomeoer,
TurnRight2019, vocotata, Voners, wecreate, weizijian,
wis_trading, xcloud, xiaomaijia, xingye0827, yaoyaoyz,
YunFASH, yuxiaoxiong and zhangwan525
Wish.com, a San Francisco, California-based, online
marketplace and e-commerce platform owned by
that allows manufacturers and other third-party merchants,
like Defendants, to advertise, distribute, offer for sale, sell and
ship their retail products, which, upon information and belief,
primarily originate from China, directly to consumers
worldwide and specifically to consumers residing in the U.S.,
including New York
Order to Seal File entered on July 19, 2018
July 19, 2018
ex parte application for: 1) a temporary restraining
order; 2) order restraining assets and Merchant Storefronts (as
defined infra); 3) order to show cause why a preliminary
injunction should not issue; 4) an order authorizing alternative
service by electronic means; and 5) an order authorizing
expedited discovery filed on July 19, 2018

Lombardo Dec.
Arnaiz Dec.

N/A

N/A

Dkt. 1
Dkt. 7
Dkts. 13-19

Dkt. 18
Application
Declaration of Jessica Arnaiz in Support of
Application

ii

Dkt. 16

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 5 of 18

Scully Dec.
TRO

PI Show Cause
Hearing
PI Order
Touch Marks

Declaration of Brieanne Scully
Application
1) Temporary Restraining Order; 2) Order Restraining Assets
and Merchant Storefronts; 3) Order to Show Cause Why a
Preliminary Injunction Should Not Issue; 4) Order
Authorizing Alternative Service by Electronic Means; and 5)
Order Authorizing Expedited Discovery entered on July 19,
2018
August 17, 2018 hearing to show cause why a preliminary
injunction should not issue
August 17, 2018 Preliminary Injunction Order
U.S. Trademark Registration Nos. 4,422,095 for the
;
FINISHING
; 5,318,698 for the wordmark
; 5,391,994 for the
; 5,325,690 for
in Class 8; 2,884,308 for the wor
goods in Class 8; 4,183,150

for

Dkt. 19
Dkt. 20

N/A
Dkt. 22
N/A

the wordmark
; 4,937,115 for
;

; and 4,749,480 for the
Touch Works

Touch Products

Counterfeit
Products

U.S. Copyright Reg. Nos.: PA 2-055-361, covering the
Finishing Touch Flawless Commercial; VA 2-082-167,
covering the Finishing Touch Flawless Website; VA 1-898348, covering the Yes! by Finishing Touch Website; VA 1892-726, covering the Microtouch One Packaging and
Instructions; VA 2-000-168, covering the MicroTouch One
Website; VA 2-000-181, covering the MicroTouch One
Packaging Artwork; VAu 1-142-294, Microtouch
Switchblade Packaging and Instructions; and VA 1-945-485,
covering the MicroTouch Tough Blade Packaging
A line of personal hair removal tools, marketed and sold under
distinct Touch brand, namely, FINISHING
TOUCH,
MICROTOUCH,
FINISHING
TOUCH
FLAWLESS, YES! BY FINISHING TOUCH and
MICROTOUCH TOUGH BLADE, among others
Products bearing or used in connection with the Touch Marks
and/or Touch Works, and/or products in packaging and/or
containing labels and/or hang tags bearing the Touch Marks
and/or Touch Works, and/or bearing or used in connection
with marks and/or artwork that are confusingly or
substantially similar to the Touch Marks and/or Touch Works
iii

N/A

N/A

N/A

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 6 of 18

and/or products that are identical or confusingly or
substantially similar to the Touch Products
Infringing
Listings
User Accounts

Merchant
Storefronts

Assets
Financial
Accounts
Financial
Institutions

Third Party
Service Providers

Frozen Assets

N/A
Any and all websites and any and all accounts with online
marketplace platforms such as Wish, as well as any and all as
yet undiscovered accounts with additional online marketplace
platforms held by or associated with Defendants, their
respective officers, employees, agents, servants and all
persons in active concert or participation with any of them
Any and all User Accounts through which Defendants, their
respective officers, employees, agents, servants and all
persons in active concert or participation with any of them
operate storefronts to manufacture, import, export, advertise,
market, promote, distribute, display, offer for sale, sell and/or
otherwise deal in Counterfeit Products, which are held by or
associated with Defendants, their respective officers,
employees, agents, servants and all persons in active concert
or participation with any of them
Any and all money, securities or other property or assets of
Defendants (whether said assets are located in the U.S. or
abroad)
Any and all financial accounts associated with or utilized by
Merchant Storefront(s) (whether said account is located in the
U.S. or abroad)
Any banks, financial institutions, credit card companies and
payment processing agencies, such as ContextLogic, PayPal
, PingPong Global
, and other companies or agencies
that engage in the processing or transfer of money and/or real
or personal property of Defendants
Online marketplace platforms, including, without limitation,
those owned and operated, directly or indirectly, by
ContextLogic, such as Wish, as well as any and all as yet
undiscovered online marketplace platforms and/or entities
through which Defendants, their respective officers,
employees, agents, servants and all persons in active concert
or participation with any of them manufacture, import, export,
advertise, market, promote, distribute, offer for sale, sell
and/or otherwise deal in Counterfeit Products which are
hereinafter identified as a result of any order entered in this
action, or otherwise
Assets from
Financial Accounts that
were and/or are attached and frozen or restrained pursuant to
the TRO and/or PI Order, or which are attached and frozen or
iv

N/A

N/A

N/A
N/A

N/A

N/A

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 7 of 18

restrained pursuant to any future order entered by the Court in
this Action
TBD
for Default
Judgment
Scully Aff.

Injunction should not be entered Against Defaulting
Defendants filed on May 5, 2020
Affidavit by Brieanne Scully
for Default Judgment

Wish Discovery

TBD
N/A

Product ID, Merchant ID, Product Lifetime Units Sold and
Product Lifetime GMV, among other things, provided by
expedited discovery ordered in both the TRO and PI Order

v

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 8 of 18

This matter comes before the Court by motion filed by Plaintiff for the entry of final
judgment and permanent injunction by default against Defaulting Defendants for Defaulting
Defendants trademark infringement, trademark counterfeiting, false designation of origin, passing
off and unfair competition, copyright infringement and related state and common law claims
arising out of Defaulting Defendants unauthorized use of Plaintiff s Touch Marks and Touch
Works, without limitation, in their manufacturing, importing, exporting, advertising, marketing,
promoting, distributing, displaying or offering for sale and/or selling and/or sale of Counterfeit
Products.1
The Court, having considered the Memorandum of Law and Affidavit of Brieanne Scully
in support of Plaintiff s Motion for Default Judgment and a Permanent Injunction Against
Defaulting Defendant, the Certificates of Service of the Summons and Complaint, the Certificate
of the Clerk of the Court stating that no answer has been filed in the instant action, and upon all
other pleadings and papers on file in this action, it is hereby ORDERED, ADJUDGED AND
DECREED as follows:
I.

Defaulting Defendants Liability

1) Judgment is granted in favor of Plaintiff on all claims properly plead against Defaulting
Defendants in the Complaint;
II.

Damages Awards

1) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve both
s prohibitions on willful
infringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages
award requested in its Motion for Default Judgment, the Court finds such an award to be

1

Where a defined term is referenced herein and not defined herein, the defined term should be understood as it is
defined in the Glossary.
1

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 9 of 18

reasonable and Plaintiff is awarded statutory damages against each of the Defaulting
Defendants pursuant to Section 15 U.S.C. § 1117(c)
-judgment interest, for a total of Seven
Million Twenty-Five Thousand Dollars ($7,025,000.00), as follows:
DEFAULTING DEFENDANT

STATUTORY DAMAGES

LeeChance

$50,000.00

pudandan

$50,000.00

zhangwan525

$50,000.00

SuperF6

$50,000.00

besttree

$50,000.00

erjifeijiedaa

$50,000.00

RXQstore

$50,000.00

beijingyishiye

$50,000.00

Innovation Works

$50,000.00

aikmark

$50,000.00

Leisure supply

$50,000.00

Lily's crazy

$50,000.00

SENWILL

$50,000.00

shenzhenshiziyiyunchangmaoyiyouxiangongsi

$50,000.00

TurnRight2019

$50,000.00

xcloud

$50,000.00

xingye0827

$50,000.00

yaoyaoyz

$50,000.00

Awuccko

$50,000.00

yuxiaoxiong

$50,000.00

huabinstore

$50,000.00

kingkmall

$50,000.00

Alicemeimei

$50,000.00
2

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 10 of 18

Margot Felice House

$50,000.00

PrettyPrettyPrettyPrettyBoy

$50,000.00

Sell to buy

$50,000.00

shayin

$50,000.00

Tomeoer

$50,000.00

xiaomaijia

$50,000.00

3Cshoppingtang

$50,000.00

DE423

$50,000.00

Fashion Utopia E-Commerce Firm

$50,000.00

Good bamboo and bamboo fiber

$50,000.00

hitwotwo

$50,000.00

angotrading

$50,000.00

shuanxiang store

$50,000.00

starlucky13

$50,000.00

athappyshopping

$50,000.00

Wecreate

$50,000.00

YunFASH

$50,000.00

sp007

$50,000.00

Best merchant1

$50,000.00

chenyanfan

$50,000.00

hhjin

$50,000.00

haohaohome

$50,000.00

lansetiankong

$50,000.00

stephanieliaw

$50,000.00

Dan ni 2017

$50,000.00

elingstore

$50,000.00

Hero Story

$50,000.00

207058772

$50,000.00

ntrv2017

$50,000.00

3

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 11 of 18

achievement

$50,000.00

JIATING12

$50,000.00

taoxiaotaoaini

$50,000.00

love you like me do

$50,000.00

New merchant

$50,000.00

psy13821428897

$50,000.00

Kobeton Technology Co., Ltd

$50,000.00

ANNA WOO ACCESSORIES

$50,000.00

ningbokexijinchukouyouxiangongsi

$50,000.00

sunaiw

$50,000.00

vocotata

$50,000.00

carina.lili

$50,000.00

leeken fashion

$50,000.00

SUNDY

$50,000.00

Bing Bing lingerie store

$50,000.00

Sexygirl1990

$50,000.00

Shenzhen tontop Technology Co., Ltd

$75,000.00

wis_trading

$75,000.00

Happy Running

$75,000.00

cosplay wig

$150,000.00

tanggelao

$200,000.00

sweetyyi

$200,000.00

weizijian

$300,000.00

Coffeetime

$300,000.00

shenzhenshihezhiyankejiyouxiangongsi

$500,000.00

longji

$500,000.00

Voners

$500,000.00

hainingjieshencoltd

$750,000.00

4

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 12 of 18

III.

Permanent Injunction

2) IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendant, its
respective officers, agents, servants, employees, successors and assigns and all persons acting
in concert with or under the direction of Defaulting Defendants (regardless of whether located
in the United States or abroad), who receive actual notice of this Order are permanently
enjoined and restrained from:
A. manufacturing, importing, exporting, advertising, marketing, promoting, distributing,
displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products
or any other products bearing the Touch Marks and/or marks that are confusingly
similar to, identical to and constitute a counterfeiting and/or infringement of the Touch
Marks and/or incorporating the Touch Works and/or artwork that is substantially
similar to, identical to and constitute infringement of the Touch Works;
B. directly or indirectly infringing in any manner any of Plaintiff

Touch Marks and

Touch Works;
C. using any reproduction, counterfeit, copy or colorable imitation of Plaintiff

Touch

Marks and Touch Works to identify any goods or services not authorized by Plaintiff;
D. using any of Plaintiff Touch Marks and Touch Works, or any other marks or artwork
that are confusingly or substantially similar to the Touch Marks and Touch Works on
or in connection with the manufacturing, importing, exporting, advertising, marketing,
promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing
in the Counterfeit Products;
E. using any false designation of origin or false description, or engaging in any action
which is likely to cause confusion, cause mistake and/or to deceive members of the
trade and/or the public as to the affiliation, connection or association of any product
5

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 13 of 18

manufactured, imported, exported, advertised, marketed, promoted, distributed,
displayed, offered for sale or sold by Defaulting Defendants with Plaintiff, and/or as to
the origin, sponsorship or approval of any product manufactured, imported, exported,
advertised, marketed, promoted, distributed, displayed, offered for sale or sold by
Defaulting Defendants and Defau
F. secreting, concealing, destroying, altering, selling off, transferring or otherwise
disposing of and/or dealing with: (i) Counterfeit Products; (ii) any computer files, data,
business records, documents or any other records or evidence relating to:
i.
ii.
iii. the manufacture, importation, exportation, advertising, marketing, promotion,
distribution, display, offering for sale and/or sale of Counterfeit Products by
Defaulting Defendants and by their respective officers, employees, agents,
servants and all persons in active concert or participation with any of them; and
G. effecting assignments or transfers, forming new entities or associations, or creating
and/or utilizing any other platform, User Accounts, Merchant Storefronts or any other
means of importation, exportation, advertising, marketing, promotion, distribution,
display, offering for sale and/or sale of Counterfeit Products for the purposes of
circumventing or otherwise avoiding the prohibitions set forth in this Order.
2)

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defaulting Defendants
must deliver up for destruction to Plaintiff any and all Counterfeit Products and any and all
packaging, labels, tags, advertising and promotional materials and any other materials in the
possession, custody or control of Defaulting Defendants t

6

Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 14 of 18

trademarks, copyrights or other rights including, without limitation, the Touch Marks and
Touch Works, or bear any marks or artwork that are confusingly or substantially similar to
the Touch Marks and Touch Works pursuant to 15 U.S.C. § 1118;
3)

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Third Party Service
Providers and Financial Institutions are permanently enjoined and restrained from:
A. secreting, concealing, transferring, disposing of, withdrawing, encumbering or paying
any of the Defaulting

Frozen Assets from or to Defaulting

Financial Accounts until further ordered by this Court;
B. secreting, concealing, destroying, altering, selling off, transferring or otherwise
disposing of and/or dealing with any computer files, data, business records, documents
or any other records or evidence relating to Defaulting
Defaulting

Frozen Assets and

Financial Accounts;

C. knowingly instructing, aiding or abetting any other person or business entity in
engaging in any of the activities referred to in subparagraphs III(1)(A) through III(2)
and III(3)(A) through III(3)(B) above through III(4)(A) below.
4)

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Third Party Service
Providers are permanently enjoined and restrained from:
A. providing services to Defaulting Defendants and Defaulting Defendants

User

Accounts and Merchant Storefronts, including, without limitation, continued operation
of Defaulting Defendants User Accounts and Merchant Storefronts; and
B. knowingly instructing, aiding or abetting any other person or business entity in
engaging in any of the activities referred to in subparagraphs III(1)(A) through III(2)
and III(3)(A) through III(3)(B) above through III(4)(A) above.

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Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 15 of 18

IV.

Order Authorizing Continued Alternative Service by Electronic Means

1) IT IS FURTHER ORDERED, as sufficient cause has been shown, that such alternative service
by electronic means that was ordered in the TRO and PI Order, shall be deemed effective as to
Defendants, Financial Institutions and Third Party Service Providers through the pendency of
this action.
V.

Temporary Continuance of Asset Restraint

1) IT IS FURTHER ORDERED, as sufficient cause has been shown, that the Defendants are
forbidden to make or suffer any sale, assignment, transfer or interference with any property in
which they have an interest, except as set forth in subdivisions (h) and (i) of Section 5222 of
the CPLR, for a thirty (30) day period after the entry of this Order.
VI.

Post-Judgment Asset Restraint and Transfer Order Pursuant to Rules 64, Rule 65,

1) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that in accordance with Rule 64
of the Federal Rules of Civil Procedure, 15 U.S.C. § 1116(a) and this

inherent equitable

powers to issue remedies ancillary to its authority to provide final relief, and given the
difficulties Plaintiff would have enforcing this Order, Defaulting
from Defaulting

Frozen Assets

Frozen Accounts, are, to the extent that a given Defaulting

Frozen Assets equal Defaulting

Individual Damages Award, hereby

released and transferred to Plaintiff as full satisfaction of Defaulting
Damages Awards for that Defaulting Defendant, and those Defaulting

Individual
Frozen

Assets shall be transferred by the Financial Institutions to Plaintiff through Plaintiff counsel
within twenty (20) business days following the service of this Order, and upon receipt by
Plaintiff
Defaulting

counsel of such Defaulting

Frozen Assets in full satisfaction of

Individual Damages Awards, the Financial Institution(s) holding that
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Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 16 of 18

Defaulting

Frozen Assets and Defaulting

unfreeze that Defaulting

Frozen Accounts may

Frozen Assets and Defaulting

Accounts. To the extent that Defaulting Defend

Frozen

Frozen Assets are less than Defaulting

Individual Damages Awards, that Defaulting

Frozen Assets are

hereby released and transferred to Plaintiff as partial satisfaction of Defaulting
Individual Damages Awards for that Defaulting Defendant and those Defaulting
Frozen Assets shall be transferred by the Financial Institutions to Plaintiff through Plaintiff
counsel within twenty (20) business days following the service of this Order, and
2) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that in accordance with Rule
64, Rule 65, 15 U.S.C. § 1116(a) and t

to issue remedies

ancillary to its authority to provide final relief, and given the difficulties Plaintiff would have
enforcing this Order, the Court also hereby grants Plaintiff

request for a post-judgment

restraining order continuing the attachment of each Defaulting

Frozen Assets until

Plaintiff has recovered the full payment of Defaulting

Individual Damages

Awards owed to it by that Defaulting Defendants under this Order, or until further order of this
Court; and
3) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that in accordance with Rule
64, Rule 65, 15 U.S.C. § 1116(a) and t

equitable powers to issue remedies

ancillary to its authority to provide final relief, and given the difficulties Plaintiff would have
enforcing this Order, until Plaintiff has recovered the full payment of Defaulting Defendant
Individual Damages Awards owed to them by any Defaulting Defendant under this Order, in
the event that Plaintiff discovers new and/or additional Defaulting Defendants Assets
(whether said assets are located in the U.S. or abroad) and/or Defaulting Defendants Financial

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Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 17 of 18

Accounts (whether said account is located in the U.S. or abroad)
Additional

and

Defaulting Defendants

Defaulting

Additional Financial

respectively), Plaintiff shall have the ongoing authority to serve this Order on any Financial
Institutions controlling or otherwise holding such Defaulting Defendants Additional Assets
and/or Defaulting Defendants Additional Financial Accounts
Defaulting Defendants Additional Assets and/or Financial Accounts ;
A. Upon notice of this Order, Financial Institutions Holding Defaulting Defendants
Additional Assets and/or Financial Accounts shall immediately locate Defaulting
Defendants Additional Financial Accounts, attach and restrain such Defaulting
Defendants

Additional Assets in Defaulting Defendants

Additional Financial

Accounts from being secreted, concealed, transferred or disposed of or withdrawn; and
B. After twenty (20) business days following the service of this Order on Financial
Institutions Holding Defaulting Defendants Additional Assets and/or Financial
Accounts, Financial Institutions Holding Defaulting Defendants Additional Assets
and/or Financial Accounts shall transfer all of Defaulting Defendants Additional
Assets to Plaintiff as partial or full satisfaction of Defaulting Defendants Individual
Damage Awards, unless Defaulting Defendants have filed with this Court and served
upon Plaintiff counsel a request that such Defaulting Defendants Additional Assets
be exempted from this Order.
VII.

Miscellaneous Relief

4) Defaulting Defendants may, upon proper showing and two (2) business days written notice to
the Court and Plaintiff s counsel, appear and move for dissolution or modification of the
provisions of this Order concerning the restriction or restraint of Defaulting Defendants
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Case 1:18-cv-06512-VM Document 68 Filed 05/06/20 Page 18 of 18

Frozen Assets, Defaulting Defendants Additional Assets and/or Defaulting Defendants
Additional Financial Accounts;
5) Any failure by Defaulting Defendants to comply with the terms of this Order shall be deemed
contempt of Court, subjecting Defaulting Defendants to contempt remedies to be determined
by the Court, including fines and seizure of property;
6) The Court releases the Five Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff
submitted in connection with this action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East
42nd Street, Suite 2520, New York, NY 10165; and
7) This Court shall retain jurisdiction over this matter and the parties in order to construe and
enforce this Order.

SO ORDERED.
SIGNED this _____ day of ____________, 2020, at _______ __.m.
_________________________________
HON. VICTOR MARRERO
UNITED STATES DISTRICT JUDGE

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