Ideavillage Products Corp. v. OhmyGod 1 et al.

Filing 85

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: 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 Defaulti ng 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 h ereby ORDERED, ADJUDGED AND DECREED as follows: 1) Judgment is granted in favor of Plaintiff on all claims properly plead against DefaultingDefendants in the Complaint; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve bot h the compensatory and punitive purposes of the Lanham Act'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 Cour t finds such an award to be reasonable and Plaintiff is awarded statutory damages against each of the Defaulting Defendants pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act as follows ("Defaulting Defendants' Individual Damages Award"), plus post-judgment interest calculated pursuant to the statutory rate, in the amount of fifty thousand dollars ($50,000.00) against each of the sixty-seven (67) Defaulting Defendants pursuant to Section 15 U.S.C. &# 167; 1117(c) of the Lanham Act for a total of $3,350,000.00 (Three Million Three Hundred Fifty Thousand Dollars). 2) IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendant, its respective officers, agents, servants, emplo yees, 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: (As further set forth.) The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/16/2021) (va)

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 1 of 16

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

18-cv-9999 (RA)

v.
OHMYGOD 1, ONOUROWN, OTP, OUT,
OUTDOOR LEISURE SPORTS SHOP, OWER CO.
LTD., PANYANLING, PASTTAN, PCOCO, PER,
PINLILILI,
PRIVATESHELF,
PROGADGETS,
QINGQINGYUNYI,
QINGSHA'S
STORE,
QIUQIUDEXIAOWU, QUALITY GOODS, RED
DRAGONFLY SCIENCE AND TECHNOLOGY,
REDROSEFLOWER,
RONGRONGSTORE,
ROSEPRINCESS2007,
RTUHGDAYT,
RUANMEDEXIAODIAN, RUITONG MARKET,
SANMING
XUEYUAN
002,
SANYANGKAITAI2626, SEEINGHERE, SENKEYI,
SF TIMES, SHAMROCK, SHENZHEN ONESHOW
TECHNOLOHY LTD.COM, SHENZHENMOMODA,
SHENZHENSHISHIZHONGSHENMAOYIYOUXIA
NGONGSI,
SHENZHENSHIYUWENCHUANGXINKEJIYOUXI
ANGONGSI,
SHENZHENSHIZHUORIHANGKEJIYOUXIANGO
NGSI, SHHBHBLC, SHOPLNG, SHUYISHOP,
SINCETHEN,
SIYUEJIE,
SKAD,
SLDE,
SNOWBIRD, SOFLQLQ, SONGFENGXIAODIAN,

FINAL DEFAULT JUDGMENT
AND PERMANENT
INJUNCTION ORDER

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 2 of 16

SOULMALL,
SPO,
SPORTS
STATION,
STARMERXSHOP,
STARRY_NIGHT,
SUNFLOWERMIA, SUPER BIG MARKET, SUPER
CAT, SUPER DEAL TRADE, SUPERBOXI, SYSO,
SZ-HAOMEN,
TAISONG,
TANGTANGNIU,
TEENAGE DREAM, TERRY IS WORLD, TETSU,
THE
LIFE
STORE,
TIFFYLOVE,
TINGTINGSHISHANG,
TONGTONGTOP,
TOOLOU,
TRAVEL_EXPLORE_3C
STORE,
TSMART,
VILTECK,
WAN
LI
SHENG,
WANGJINHUA200810,
WANGSHIWENWEN,
WANGWANGHONGLING,
WANGZHIHUI001,
WANYUANYUAN,
WAS,
WEIJINYI,
WEISHUAIWOSHIXUE,
WEIZHONGZHAN,
WELFARENOW, WEN BIN SHOP, WENDY001,
WENZHANGBUZHIN, WHUYANQI, WISLNR,
WLO, WOCLINTON, WOODEN LIN, SENMAI
STORE
ROOM,
[e-mail],
WUHUANHUAN588,
XIAOANHONG,
XIAODILUCK, XIAOFUDIANPU, XIAOKUYOX,
XIAOXIAOCHONGWUSTORE, XIAOXIAOZOU,
XIAOYINGAIQIU, XIE KAIKUI SHOP, XIEJJY, XIN
LIN
TECHNOLOGY,
XING_MAI,
XIUFEIDEXINDIANBU,
XUEWEI,
YANYANSIXOASEN, YLANYA, YOUMENGGO,
YOUTH TEAM, YUE MENG STORE, YUHUI
STORE,
YUNCHAN00,
YY123456,
ZHANGFENGSTORE,
ZHAOBINGBING,
ZHENGFACAI,
ZHENGZECHENG,
ZHOUCHENG157, ZHOUXIAORAN, ZP123456, ZT
ZWYOUTH33
and
TRADE,
ZWS-SHOP,
ZWYOUTH44,
Defendants

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 3 of 16

GLOSSARY
Term

Definition

Plaintiff or
Ideavillage

Ideavillage Products Corp.

Defendants

OhmyGod 1, Onourown, otp, OUT, Outdoor Leisure Sports
Shop, ower co. ltd., panyanling, pasttan, PCOCO, per, pinlilili,
privateshelf, Progadgets, qingqingyunyi, Qingsha's Store,
qiuqiudexiaowu, Quality Goods, Red Dragonfly Science And
Technology,
Redroseflower,
rongrongstore,
roseprincess2007, rtuhgdayt, ruanmedexiaodian, RuiTong
Market, SanMing XueYuan 002, sanyangkaitai2626,
seeinghere, senkeyi, SF TIMES, SHAMROCK, shenzhen
oneshow
technolohy
Ltd.com,
Shenzhenmomoda,
shenzhenshishizhongshenmaoyiyouxiangongsi,
shenzhenshiyuwenchuangxinkejiyouxiangongsi,
shenzhenshizhuorihangkejiyouxiangongsi,
SHHBHBLC,
shoplng, shuyishop, SinceThen, siyuejie, skad, slde,
Snowbird, SOFLQLQ, songfengxiaodian, SoulMall, spo,
sports station, StarmerxShop, Starry_night, sunflowermia,
super big market, SUPER CAT, Super Deal Trade, superboxi,
syso, sz-haomen, taisong, Tangtangniu, Teenage Dream,
Terry is World, Tetsu, The life store, tiffylove,
tingtingshishang,
TONGTONGTOP,
toolou,
Travel_Explore_3C Store, tSmart, VILTECK, Wan Li Sheng,
wangjinhua200810, wangshiwenwen, wangwanghongling,
wangzhihui001,
wanyuanyuan,
was,
Weijinyi,
weishuaiwoshixue, weizhongzhan, welfarenow, Wen bin
shop, Wendy001, wenzhangbuzhin, Whuyanqi, wislnr, wlo,
woclinton,
Wooden
Lin,
Senmai
store
room,
[e-mail], wuhuanhuan588, xiaoanhong,
XiaoDiLuck,
xiaofudianpu,
xiaokuyox,
xiaoxiaochongwustore, xiaoxiaozou, xiaoyingaiqiu, Xie
Kaikui shop, Xiejjy, Xin Lin Technology, xing_mai,
xiufeidexindianbu,
xuewei,
yanyansixoasen,
ylanya,
YouMengGo, Youth team, Yue Meng Store, Yuhui store,
Yunchan00, yy123456, zhangfengstore, zhaobingbing,
zhengfacai, zhengzecheng, zhoucheng157, zhouxiaoran,
zp123456, ZT Trade, ZWS-shop, zwyouth33 and zwyouth44

Defaulting
Defendants

slde, superboxi, Terry is World, and YouMengGo.

i

Docket Entry
Number
N/A
N/A

N/A

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 4 of 16

Wish

Sealing Order

Wish.com, a San Francisco, California-based, online
marketplace and e-commerce platform owned by
ContextLogic, Inc., a Delaware corporation (“ContextLogic”),
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 October 30, 2018

N/A

Dkt. 1

Complaint
Application

Plaintiff’s Complaint filed on October 30, 2018
Plaintiff’s 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 bifurcated
and alternative service; and 5) an order authorizing expedited
discovery filed on October 30, 2018

Dkt. 8
Dkts. 14-18

Lombardo Dec.

Declaration of LoriAnn Lombardo in Support of Plaintiff’s
Application
Declaration of Jessica Arnaiz in Support of Plaintiff’s
Application
Declaration of Spencer Wolgang in Support of Plaintiff’s
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 Bifurcated and Alternative Service; and 5) Order
Authorizing Expedited Discovery entered on October 31,
2018
November 20, 2018 hearing to show cause why a preliminary
injunction should not issue
November 20, 2018 Preliminary Injunction Order

Dkt. 16

Arnaiz Dec.
Wolgang Dec.
TRO

PI Show Cause
Hearing
PI Order

ii

Dkt. 17
Dkt. 15
Dkt. 22

N/A
Dkt. 24

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 5 of 16

Touch Marks

Touch Works

U.S. Trademark Registration No. 4,422,095 for the wordmark
“FINISHING TOUCH” for goods in Class 8, U.S. Trademark
Reg. No. 4,693,272 for the wordmark “YES! BY FINISHING
TOUCH” for goods in Class 8, U.S. Trademark Registration
No. 5,318,698 for the wordmark “FLAWLESS” for goods in
Class 8, U.S. Trademark Registration No. 5,391,994 for the
wordmark “FLAWLESS” for goods in Class 8, U.S.
Trademark Registration No. 5,325,690 for the wordmark
“FINISHING TOUCH FLAWLESS” for goods in Class 8,
U.S. Trademark Registration No. 5,537,019 for the wordmark
“FLAWLESS LEGS” for goods in Class 8, U.S. Trademark
Registration No. 5,576,996 for the wordmark “FLAWLESS
LEGS” for goods in Class 8, U.S. Trademark Registration No.
for goods in Class 8, U.S. Trademark
5,407,466 for
Registration
No.
2,884,308
for
the
wordmark
“MICROTOUCH” for goods in Class 8, U.S. Trademark
Registration
No.
4,183,150
for
the
wordmark
“MICROTOUCH MAX” for goods in Class 8, U.S.
Trademark Registration No. 4,937,115 for the wordmark
“MICROTOUCH ONE” for goods in Class 8, U.S. Trademark
Registration
No.
4,582,646
for
the
wordmark
“MICROTOUCH SWITCHBLADE” for goods in Class 8 and
U.S. Trademark Registration No. 4,749,480 for the wordmark
“TOUGHBLADE” for goods in Class 8
U.S. Copyright Reg. VA 2-112-403, covering the Finishing
Touch Flawless Packaging Artwork, U.S. Copyright Reg. VA
2-102-735, covering the Finishing Touch Flawless Packaging
Artwork and Instructions, U.S. Copyright Reg. PA 2-055-361,
covering the Finishing Touch Flawless Commercial, U.S.
Copyright Reg. VA 2-082-167, covering the Finishing Touch
Flawless Website, U.S. Copyright Reg. VA 2-114-639,
covering the Finishing Touch Flawless Brand Website, U.S.
Copyright Reg. PA 2-113-678, covering the Flawless Legs
Commercial, U.S. Copyright Reg. VA 2-115-168, covering
the Flawless Legs Website, U.S. Copyright Reg. VA 2-114549, covering the Flawless Legs Packaging Artwork and
Instructions, U.S. Copyright Reg. VA 1-898-348, covering the
Yes! by Finishing Touch Website, U.S. Copyright Reg. VA 1892-726, covering the Microtouch One Packaging and
Instructions, U.S. Copyright Reg. VA 2-000-168, covering the
MicroTouch One Website, U.S. Copyright Reg. VA 2-000181, covering the MicroTouch One Packaging Artwork, U.S.
Copyright VAu 1-142-294, Microtouch Switchblade
Packaging and Instructions and U.S. Copyright Reg. VA 1945-485, covering the MicroTouch Tough Blade Packaging
iii

N/A

N/A

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 6 of 16

Touch Products

Counterfeit
Products

Infringing
Listings
User Accounts

Merchant
Storefronts

Defendants’
Assets
Defendants’
Financial
Accounts
Financial
Institutions

Third Party
Service Providers

A line of personal hair removal tools, marketed and sold under
Ideavillage’s 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
and/or products that are identical or confusingly or
substantially similar to the Touch Products

N/A

Defendants’ listings for Counterfeit Products

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
any Defendants or any Defendants’ User Accounts or
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
Inc. (“PayPal”), Payoneer Inc. (“Payoneer”), PingPong Global
Solutions, Inc. (“PingPong”), 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

N/A

iv

N/A

N/A

N/A

N/A

N/A

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 7 of 16

Defendants’
Frozen Assets

Plaintiff’s Motion
for Default
Judgment
Scully Aff.
Wish Discovery

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
Defendants’ Assets from Defendants’ 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
restrained pursuant to any future order entered by the Court in
this Action
Plaintiff’s Application for Default Judgment and a Permanent
Injunction should not be entered Against Defaulting
Defendants filed on May 7, 2020
Affidavit by Brieanne Scully in Support of Plaintiff’s Motion
for Default Judgment
The supplemental report identifying Defendants’ Infringing
Product ID, Merchant ID, Product Lifetime Units Sold and
Product Lifetime GMV, among other things, provided by
counsel for ContextLogic to Plaintiff’s counsel pursuant to the
expedited discovery ordered in both the TRO and PI Order

v

N/A

N/A

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 8 of 16

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
the compensatory and punitive purposes of the Lanham Act’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-09999-RA Document 85 Filed 02/16/21 Page 9 of 16

reasonable and Plaintiff is awarded statutory damages against each of the Defaulting
Defendants pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act as follows (“Defaulting
Defendants’ Individual Damages Award”), plus post-judgment interest calculated pursuant to
the statutory rate, in the amount of fifty thousand dollars ($50,000.00) against each of the
(

Defaulting Defendants pursuant to Section 15 U.S.C. § 1117(c) of the

Lanham Act for a total of $3, 50,000.00 (Three Million

Hundred Fifty

Thousand Dollars).
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’s Touch Marks and
Touch Works;
C. using any reproduction, counterfeit, copy or colorable imitation of Plaintiff’s Touch
Marks and Touch Works to identify any goods or services not authorized by Plaintiff;

2

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 10 of 16

D. using any of Plaintiff’s 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
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 Defaulting Defendants’ commercial activities by Plaintiff;
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. Defaulting Defendants’ User Accounts and/or Merchant Storefronts;
ii. Defaulting Defendants’ Assets; and
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

3

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 11 of 16

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 that infringe any of Plaintiff’s
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 Defendants’ Frozen Assets from or to Defaulting Defendants’
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 Defendants’ Frozen Assets and
Defaulting Defendants’ Financial Accounts;

4

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 12 of 16

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.
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.

5

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 13 of 16

VI.

Post-Judgment Asset Restraint and Transfer Order Pursuant to Rules 64, Rule 65,
15 U.S.C. § 1116(a) and this Court’s Inherent Equitable Powers

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 Court’s 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 Defendants’ Frozen Assets
from Defaulting Defendants’ Frozen Accounts, are, to the extent that a given Defaulting
Defendants’ Frozen Assets equal Defaulting Defendants’ Individual Damages Award, hereby
released and transferred to Plaintiff as full satisfaction of Defaulting Defendants’ Individual
Damages Awards for that Defaulting Defendant, and those Defaulting Defendants’ Frozen
Assets shall be transferred by the Financial Institutions to Plaintiff through Plaintiff’s counsel
within twenty (20) business days following the service of this Order, and upon receipt by
Plaintiff’s counsel of such Defaulting Defendants’ Frozen Assets in full satisfaction of
Defaulting Defendants’ Individual Damages Awards, the Financial Institution(s) holding that
Defaulting Defendants’ Frozen Assets and Defaulting Defendants’ Frozen Accounts may
unfreeze that Defaulting Defendants’ Frozen Assets and Defaulting Defendants’ Frozen
Accounts. To the extent that Defaulting Defendants’ Frozen Assets are less than Defaulting
Defendants’ Individual Damages Awards, that Defaulting Defendants’ Frozen Assets are
hereby released and transferred to Plaintiff as partial satisfaction of Defaulting Defendants’
Individual Damages Awards for that Defaulting Defendant and those Defaulting Defendants’
Frozen Assets shall be transferred by the Financial Institutions to Plaintiff through Plaintiff’s
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 this Court’s inherent equitable powers to issue remedies
6

Case 1:18-cv-09999-RA Document 85 Filed 02/16/21 Page 14 of 16

ancillary to its authority to provide final relief, and given the difficulties Plaintiff would have
enforcing this Order, the Court also hereby grants Plaintiff’s request for a post-judgment
restraining order continuing the attachment of each Defaulting Defendants’ Frozen Assets until
Plaintiff has recovered the full payment of Defaulting Defendants’ 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 this Court’s inherent 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 Defendants’
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
Accounts (whether said account is located in the U.S. or abroad) (“Defaulting Defendants’
Additional Assets” and “Defaulting Defendants’ Additional Financial Accounts,”
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 (“Financial Institutions Holding
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

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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’s 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’
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

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7) This Court shall retain jurisdiction over this matter and the parties in order to construe and
enforce this Order.

The Clerk of Court is respectfully directed to close this case.

SO ORDERED.
February 16,

1.
_________________________________
HON. RONNIE ABRAMS
UNITED STATES DISTRICT JUDGE

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