Poof-Slinky, LLC v. A.S. Plastic Toys Co., Ltd., et al.

Filing 29

AMENDED PRELIMINARY INJUNCTION ORDER: 1. This Order is applicable to all Defendants, except the Orel Defendants. 2. The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. a) Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court. (And as further set forth herein.) SO ORDERED. (Signed by Judge Edgardo Ramos on 1/3/2019) (jca)

Jason M. Drangel (JD 7204)
[e-mail]
Ashly E. Sands (AS 7715)
[e-mail]
Brieanne Scully (BS 3711)
[e-mail]
Danielle S. Yamali (DY 4228)
[e-mail]
EPSTEIN DRANGEL LLP
60 East 42nd Street, Suite 2520
New York, NY 10165
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
POOF-Slinky, LLC

Jan. 3, 2020

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

POOF-SLINKY, LLC,
19-cv-9399 (ER)
Plaintiff
v.
A.S. PLASTIC TOYS CO., LTD., ALI FASHIONING TOY
STORE, ALI-DREAM TOY STORE, ALI-JETTING TOY
STORE, AMY & BENTON TOYS AND GIFTS CO., LTD.,
BABY SHOPPING EMM STORE, BABY TOY CITY
STORE, BABY'S CENTER STORE, BABY-TOY WORLD
STORE, BALA BABY FIRST, BAOCHENYI STORE,
BB2019 STORE, BEAUTY & ATTRACTION, BELIEVEFLY TRADING (TOYS) CO., LTD. SHANTOU, BETTER
SHOP,BETTER LIFE, BILIDI CO.,LTD. STORE,
BOXIANGWANJU STORE, BTGEDTL STORE, BUY IN
HERE STORE, CHANGED STORE, CHAOZHOU
BURTON FOODSTUFF CO., LTD., CHAOZHOU
CHAOAN HAPPINESS FOODS CO., LTD., CHAOZHOU
CHAOAN LARK TRADE CO., LTD., CHERR TOY
STORE, CHILD WONDERLAND STORE, CHILDREN'S
GOODS
STORE,
COME
ON
2015,
CURIOUS&PROMISING BABY STORE, DALIAN HOLY
TRADING
CO.,
LTD.,
DONGGUAN
BOWEN
ELECTRONIC TECHNOLOGY LIMITED, DONGGUAN
CITY YISEN PRECISION HARDWARE SPRING CO.,
LTD., ELEVEN 'S HOUSE, ENJOYING+UU STORE,
FAIRYTOY STORE, FRIENDSHIP HXX STORE, FUNNY
TOY STORE STORE, GJCUTE TOY STORE, GOODGIRL

AMENDED
PRELIMINARY
INJUNCTION ORDER

STORE, GREAT INTERNATIONAL TOYS LIMITED,
GUANGDONG HERSHEY SPRING INDUSTRIAL CO.,
LTD., GUANGDONG K.Y.F TRADING CO., LTD.,
HABAO STORE, HANG WING PLASTIC INDUSTRY
CO., LTD., HAPPINESS CENTER STORE, HAPPYDEAL
STORE, HARBIN YUANLONG IMPORT AND EXPORT
TRADE CO., LTD., HEFEI SAI BEI TE TRADING CO.,
LTD., HENGJUN PLASTIC TOYS MANUFACTORY,
HHSMILE STORE, HOW DO YOU DO STORE,
INNOCENCE PARADISE, JIANGXI BOLAI PLASTIC
INDUSTRY CO., LTD., JINJIANG SUPERSTARER
IMPORT & EXPORT CO., LTD., JINMING TOYS &
CRAFTS IMP.& EXP. CO., LTD., KIDS PLAYING STORE,
LEFT MAGIC TRICK STORE, LEGE TRICK FACTORY
STORE, LEORX PLAYTOY STORE, LICHENG
TECHNOLOGY (SHENZHEN) CO., LTD., LIJIA GAME
PRODUCTION (JIANGSU) CO., LTD., LIKEIT STORE,
LILITOY STORE, LITTLE STARS MOTHER&BABY
SUPPLIER STORE, LONG SHENG TOY STORE,
LONGYAN LANG LING HENG CHUANG TRADING
CO., LTD., LOVE LOVE CHILDREN BABY STORE,
LOVESONG STORE, MAGICAL TRICKS STORE,
MAKIKI
STORE,
MAMI'S
BABY
STORE,
MAYUSCULOS OJOS STORE, MIDDLE, MILCEA
GROBAL STORE, MINGO STORE, MOMMY N BABY
EVERY NICE DAY STORE, MOTHER & CHILDREN
CLOTHES STORE, MY BABY GIRL STORE, NBJUSTIN
STORE, NINGBO EMBODY HOMEWARE CO., LTD.,
NINGBO GYL INTERNATIONAL TRADING CO., LTD.,
NINGBO HUAMAO INTERNATIONAL TRADING CO.,
LTD., NINGBO KELSUN INTL TRADE CO., LTD.,
NINGBO LIJIA INDUSTRY CO., LTD., NINGBO
SELLERS UNION CO., LTD., NINGBO YINZHOU BOTE
SPRING ELECTRICAL EQUIPMENT FACTORY,
NINGBO ZHENRONG INTERNATIONAL TRADING
CO., LTD. (JUST IN), PREGNANT CHILD BABY
ACCESSORIES STORE, PUJIANG SONDER CRAFT CO.,
LTD., PURPLE STORE, SEE YOU AGAIN^_^,
SHANGHAI WISDOM IMPORT AND EXPORT CO.,
LTD., SHANGHAI ZEBRAJOY GIFTS CO., LTD.,
SHANTOU BORONG TOYS CO., LTD., SHANTOU
CHENGHAI BEIBEI TOYS, SHANTOU CHENGHAI BIG
BAG TOYS COMPANY LIMITED, SHANTOU
CHENGHAI HAODA TOYS CO., LTD., SHANTOU
CHENGHAI HENGYA TOYS CO., LTD., SHANTOU
CHENGHAI HENGYING TOYS CO., LTD., SHANTOU
CHENGHAI HUIKE TOYS FIRM, SHANTOU CHENGHAI
KAISHENGLONG TOYS FACTORY, SHANTOU
CHENGHAI MAYA TOYS FACTORY, SHANTOU

CHENGHAI PENGCHENG TOY IND. CO., LTD.,
SHANTOU CHENGHAI SHUNFENG CRAFT FACTORY,
SHANTOU CHENGHAI SWEET BABY TOYS FIRM,
SHANTOU CHENGHAI YAKAI TOYS FACTORY,
SHANTOU CHENGHAI YAXING PLASTIC AND METAL
MANUFACTORY,
SHANTOU
CHENGHAI
YUANSHENG TOYS INDUSTRY CO., LTD., SHANTOU
CHENGHAI YUEQI TOYS FIRM, SHANTOU CHENGJI
TOYS & GIFTS CO., LTD., SHANTOU CINDA TOYS CO.,
LTD., SHANTOU CITY BHX TOYS CO., LTD.,
SHANTOU CITY CHENGHAI XINBOOMING TOYS
FACTORY, SHANTOU CYBER TOYS BUSINESS,
SHANTOU EVER PROSPEROUS TRADING CO., LTD.,
SHANTOU GUANGBAI CRAFTS & TOYS CO.,
LIMITED, SHANTOU H&C TOYS & CRAFS
MANUFACTORY, SHANTOU HONGNA CANDY TOYS
CO., LTD., SHANTOU JINYU TRADING CO., LTD.,
SHANTOU KUNYANG TRADING CO., LTD., SHANTOU
LIHUI TOYS CO., LTD., SHANTOU LONGHU
XUCHANG TOYS FIRM, SHANTOU LUCKY TOYS &
GIFT FIRM, SHANTOU MEGAFUN TOYS INDUSTRIAL
LTD., SHANTOU MEIHUI TOYS CO., LTD., SHANTOU
MINGTONG TOYS INDUSTRIAL CO., LTD., SHANTOU
RONGHEQIANG TRADE CO., LTD., SHANTOU
RUNFENDDA TOYS FIRM, SHANTOU SOUTH TOYS
FACTORY, SHANTOU SUNNY TOYS INDUSTRIAL CO.,
LTD., SHANTOU TIANYI TOYS INDUSTRIAL CO.,
LTD., SHANTOU XINLIANG TOYS FACTORY,
SHANTOU YICHENG TOYS FACTORY, SHANTOU
YINGXING TOYS COMPANY LIMITED, SHANTOU
ZHILETIAN TOYS TRADING CO., LTD., SHAOXING
JINLANGTE SPORTS GOODS CO., LTD., SHAOXING
YAONE GIFTS CO., LTD., SHENZHEN CITY BOTREE
TOYS FACTORY, SHENZHEN E-18TH TECHNOLOGY
CO., LTD., SHENZHEN EDUCATIONAL EQUIPMENT
CO LTD, SHENZHEN FOCALVALUE TECHNOLOGY
CO., LTD., SHENZHEN GIFT JOINT PROMO CO., LTD.,
SHENZHEN JYC TECHNOLOGY LTD. (BEAUTY CARE
BRANCH), SHENZHEN SHENGMA HARDWARE
SPRING CO., LTD., SHENZHEN WTYD TECHNOLOGY
LIMITED, SHENZHEN X-WORLD TECHNOLOGY CO.,
LTD., SHGEZM TOY STORE, SHOP2784166 STORE,
SHOP2919053
STORE,
SHOP3851047
STORE,
SHOP4558035
STORE,
SICHUAN
TRANMEC
MACHINERY I/E CO., LTD., SIMPLE HAPPY LIFE,
SURPRISE GIFTS STORE, WANJU STORE, WENLING
BESTONE COMMODITY FACTORY, WUXI OCEAN
IMPORT AND EXPORT CO., LTD., XIAMEN MINE
TRADING CO., LTD., XINHENGXIN ELECTRONIC CO.,

LTD., Y&H TOY STORE, YIWU B&T CRAFTS & ARTS
CO., LTD., YIWU BAY IMPORT AND EXPORT CO.,
LTD., YIWU CHANGQING TOYS CO., LTD., YIWU CHU
TAI ART & CRAFTS CO., LTD., YIWU CITY JO TOYS
CO., LTD., YIWU HECHENG IMPORT & EXPORT CO.,
LTD., YIWU HUAGUDUO TOYS CO., LTD., YIWU
JIANDU CRAFTS CO., LTD., YIWU LADSOUL
GARMENT ACCESSORY CO., LTD., YIWU LINTAI
IMPORT & EXPORT CO., LTD., YIWU PARTY UNION
IMP & EXP CO., LTD., YIWU POWER IMPORT &
EXPORT CO., LTD., YIWU QIDA HOUSEHOLD ITEMS
FACTORY, YIWU QUANFA IMPORT & EXPORT
COMPANY LIMITED, YIWU SHINCOO ART & CRAFTS
CO., LTD., YUGUO BABY STORE, YUYAO XUEYOU
TEACHING EQUIPMENT CO., LTD., ZELA STOREM,
ZHANGPING TK TOYS AND GIFTS CO., LTD. and
ZHEJIANG
LISHENG
SPRING
CO.,
LTD.,
Defendants

GLOSSARY
Term
Plaintiff or Poof-Slinky
Defendants

Definition
Poof-Slinky, LLC
A.S. Plastic Toys Co., Ltd., Ali Fashioning Toy Store,
Ali-Dream Toy Store, Ali-Jetting Toy Store, Amy &
Benton Toys And Gifts Co., Ltd., Baby SHOpping
emm Store, Baby Toy City Store, Baby's Center Store,
Baby-Toy World Store, Bala Baby First, BaoChenYi
Store, BB2019 Store, Beauty & Attraction, Believe-Fly
Trading (Toys) Co., Ltd. Shantou, Better Shop,Better
Life, Bilidi Co.,Ltd. Store, boxiangwanju Store,
BTGEDTL Store, Buy in here Store, Changed Store,
Chaozhou Burton Foodstuff Co., Ltd., Chaozhou
Chaoan Happiness Foods Co., Ltd., Chaozhou Chaoan
Lark Trade Co., Ltd., Cherr Toy Store, Child
Wonderland Store, Children's Goods Store, Come On
2015, Curious&Promising BABY Store, Dalian Holy
Trading Co., Ltd., Dongguan Bowen Electronic
Technology Limited, Dongguan City Yisen Precision
Hardware Spring Co., Ltd., Eleven 's House,
Enjoying+UU Store, FairyToy Store, Friendship hxx
Store, Funny Toy Store Store, GJCUTE Toy Store,
goodgirl Store, GREAT INTERNATIONAL TOYS
LIMITED, Guangdong Hershey Spring Industrial Co.,
Ltd., Guangdong K.Y.F Trading Co., Ltd., Habao
Store, Hang Wing Plastic Industry Co., Ltd., Happiness
Center Store, happydeal Store, Harbin Yuanlong
Import and Export Trade Co., Ltd., Hefei Sai Bei Te
Trading Co., Ltd., Hengjun Plastic Toys Manufactory,
hhsmile Store, How do you do Store, Innocence
paradise, Jiangxi Bolai Plastic Industry Co., Ltd.,
Jinjiang Superstarer Import & Export Co., Ltd.,
Jinming Toys & Crafts Imp.& Exp. Co., Ltd., Kids
Playing Store, left magic trick Store, Lege Trick
Factory Store, Leorx PlayToy Store, Licheng
Technology (Shenzhen) Co., Ltd., Lijia Game
Production (Jiangsu) Co., Ltd., Likeit Store, LiliTOY
Store, Little Stars Mother&Baby Supplier Store,
LONG SHENG TOY Store, Longyan Lang Ling Heng
Chuang Trading Co., Ltd., Love Love children baby
store, LoveSong Store, magical tricks Store, Makiki
Store, MAMI'S BABY Store, Mayusculos Ojos Store,
Middle, Milcea Grobal Store, MINGO Store, Mommy
n Baby Every nice day Store, Mother & Children
Clothes Store, My Baby Girl Store, nbjustin Store,
Ningbo Embody Homeware Co., Ltd., Ningbo GYL
International Trading Co., Ltd., Ningbo Huamao
International Trading Co., Ltd., Ningbo Kelsun Intl
i

Trade Co., Ltd., Ningbo Lijia Industry Co., Ltd.,
Ningbo Sellers Union Co., Ltd., Ningbo Yinzhou Bote
Spring Electrical Equipment Factory, Ningbo
ZhenRong International Trading Co., Ltd. (JUST IN),
Pregnant Child Baby Accessories Store, Pujiang
Sonder Craft Co., Ltd., Purple Store, See you
Again^_^, Shanghai Wisdom Import And Export Co.,
Ltd., Shanghai Zebrajoy Gifts Co., Ltd., Shantou
Borong Toys Co., Ltd., Shantou Chenghai Beibei Toys,
Shantou Chenghai Big Bag Toys Company Limited,
Shantou Chenghai Haoda Toys Co., Ltd., Shantou
Chenghai Hengya Toys Co., Ltd., Shantou Chenghai
Hengying Toys Co., Ltd., Shantou Chenghai Huike
Toys Firm, Shantou Chenghai Kaishenglong Toys
Factory, Shantou Chenghai Maya Toys Factory,
Shantou Chenghai Pengcheng Toy Ind. Co., Ltd.,
Shantou Chenghai Shunfeng Craft Factory, Shantou
Chenghai Sweet Baby Toys Firm, Shantou Chenghai
Yakai Toys Factory, Shantou Chenghai Yaxing Plastic
And Metal Manufactory, Shantou Chenghai
Yuansheng Toys Industry Co., Ltd., Shantou Chenghai
Yueqi Toys Firm, Shantou Chengji Toys & Gifts Co.,
Ltd., Shantou Cinda Toys Co., Ltd., Shantou City BHX
Toys Co., Ltd., Shantou City Chenghai Xinbooming
Toys Factory, Shantou Cyber Toys Business, Shantou
Ever Prosperous Trading Co., Ltd., Shantou Guangbai
Crafts & Toys Co., Limited, Shantou H&C Toys &
Crafs Manufactory, Shantou Hongna Candy Toys Co.,
Ltd., Shantou Jinyu Trading Co., Ltd., Shantou
Kunyang Trading Co., Ltd., Shantou Lihui Toys Co.,
Ltd., Shantou Longhu XuChang Toys Firm, Shantou
Lucky Toys & Gift Firm, Shantou Megafun Toys
Industrial Ltd., Shantou Meihui Toys Co., Ltd.,
Shantou Mingtong Toys Industrial Co., Ltd., Shantou
Rongheqiang Trade Co., Ltd., Shantou Runfendda
Toys Firm, Shantou South Toys Factory, Shantou
Sunny Toys Industrial Co., Ltd., Shantou Tianyi Toys
Industrial Co., Ltd., Shantou Xinliang Toys Factory,
Shantou Yicheng Toys Factory, Shantou Yingxing
Toys Company Limited, Shantou Zhiletian Toys
Trading Co., Ltd., Shaoxing Jinlangte Sports Goods
Co., Ltd., Shaoxing Yaone Gifts Co., Ltd., Shenzhen
City Botree Toys Factory, Shenzhen E-18th
Technology Co., Ltd., shenzhen educational equipment
co ltd, Shenzhen Focalvalue Technology Co., Ltd.,
Shenzhen Gift Joint Promo Co., Ltd., Shenzhen JYC
Technology Ltd. (Beauty Care Branch), Shenzhen
Shengma Hardware Spring Co., Ltd., Shenzhen WTYD
Technology Limited, Shenzhen X-World Technology
ii

Orel Defendants

Co., Ltd., SHgeZm Toy Store, Shop2784166 Store,
Shop2919053
Store,
Shop3851047
Store,
Shop4558035 Store, Sichuan Tranmec Machinery I/E
Co., Ltd., Simple Happy Life, Surprise Gifts Store,
wanju Store, Wenling Bestone Commodity Factory,
Wuxi Ocean Import and Export Co., Ltd., Xiamen
MINE Trading Co., Ltd., Xinhengxin Electronic Co.,
Ltd., Y&H Toy Store, Yiwu B&T Crafts & Arts Co.,
Ltd., Yiwu Bay Import And Export Co., Ltd., Yiwu
Changqing Toys Co., Ltd., Yiwu Chu Tai Art & Crafts
Co., Ltd., Yiwu City JO Toys Co., Ltd., Yiwu Hecheng
Import & Export Co., Ltd., Yiwu Huaguduo Toys Co.,
Ltd., Yiwu Jiandu Crafts Co., Ltd., Yiwu Ladsoul
Garment Accessory Co., Ltd., Yiwu Lintai Import &
Export Co., Ltd., Yiwu Party Union Imp & Exp Co.,
Ltd., Yiwu Power Import & Export Co., Ltd., Yiwu
Qida Household Items Factory, Yiwu Quanfa Import &
Export Company Limited, Yiwu Shincoo Art & Crafts
Co., Ltd., YUGUO baby Store, Yuyao Xueyou
Teaching Equipment Co., Ltd., Zela Storem,
Zhangping TK Toys And Gifts Co., Ltd. and Zhejiang
Lisheng Spring Co., Ltd.
A.S. Plastic Toys Co., Ltd., Amy & Benton Toys And
Gifts Co., Ltd., Believe-Fly Trading (Toys) Co., Ltd.
Shantou, GREAT INTERNATIONAL TOYS
LIMITED, Guangdong Hershey Spring Industrial Co.,
Ltd., Hengjun Plastic Toys Manufactory, Longyan
Lang Ling Heng Chuang Trading Co., Ltd., Ningbo
ZhenRong International Trading Co., Ltd. (JUST IN),
Shantou Chenghai Haoda Toys Co., Ltd., Shantou
Chenghai Hengya Toys Co., Ltd., Shantou Chenghai
Kaishenglong Toys Factory, Shantou Chenghai
Pengcheng Toy Ind. Co., Ltd., Shantou Chenghai
Sweet Baby Toys Firm, Shantou Chenghai Yuansheng
Toys Industry Co., Ltd., Shantou Chenghai Yueqi Toys
Firm, Shantou City Chenghai Xinbooming Toys
Factory, Shantou H&C Toys & Crafs Manufactory,
Shantou Jinyu Trading Co., Ltd., Shantou Kunyang
Trading Co., Ltd., Shantou Longhu XuChang Toys
Firm, Shantou Lucky Toys & Gift Firm, Shantou
Mingtong Toys Industrial Co., Ltd., Shantou South
Toys Factory, Shantou Tianyi Toys Industrial Co., Ltd.,
Shaoxing Jinlangte Sports Goods Co., Ltd., Shenzhen
Gift Joint Promo Co., Ltd., Shenzhen X-World
Technology Co., Ltd., Wenling Bestone Commodity
Factory, Yiwu B&T Crafts & Arts Co., Ltd., Yiwu
Power Import & Export Co., Ltd., Yiwu Qida
Household Items Factory, Zhangping TK Toys And
Gifts Co., Ltd., hhsmile Store, and nbjustin Store
iii

Alibaba

AliExpress

Epstein Drangel
NAL

New York Addresses

Complaint
Application

Conway Dec.
Arnaiz Dec.
Scully Dec.
Slinky Marks

Alibaba.com, an online marketplace platform that
allows manufacturers, wholesalers and other thirdparty merchants, like Defendants, to advertise, offer for
sale, sell, distribute and ship their wholesale and retail
products originating from China directly to consumers
across the world and specifically to consumers residing
in the U.S., including New York
Aliexpress.com, an online marketplace platform that
allows manufacturers, wholesalers and other thirdparty merchants, like Defendants, to advertise, offer for
sale, sell, distribute and ship their wholesale and retail
products originating from China directly to consumers
across the world and specifically to consumers residing
in the U.S., including New York
Epstein Drangel LLP, counsel for Plaintiff
New Alchemy Limited, a company that provides
intellectual property infringement research services, to
investigate and research manufacturers, wholesalers,
retailers and/or other merchants offering for sale and/or
selling counterfeit products on online marketplace
platforms
244 Madison Ave., Suite 411, New York, New York
10016;
944 Havemeyer Ave., Bronx, New York, 10473;
20 Cooper Sq., New York, New York 10003;
69 W 9th St., New York, New York, 10011;
253 Broadway, New York, New York, 10007;
40 E 7th St., New York, New York, 10003
Plaintiff’s Complaint filed on October 10, 2019
Plaintiff’s Ex Parte Application for: 1) a temporary
restraining order; 2) an order restraining Merchant
Storefronts (as defined infra) and Defendants’ Assets
(as defined infra) with the Financial Institutions (as
defined infra); 3) an 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
10, 2019
Declaration of Laurie Conway in Support of Plaintiff’s
Application
Declaration of Jessica Arnaiz in Support of Plaintiff’s
Application
Declaration of Brieanne Scully in Support of Plaintiff’s
Application
U.S. Trademark Registration Nos: 5,286,991 for “

” for a variety of goods in Class 28;
iv

Slinky Products

Counterfeit Products

Infringing Listings
User Accounts

Merchant Storefronts

Defendants’ Assets

Defendants’ Financial
Accounts

Financial Institutions

2,402,881 for “
” for a variety of goods
in Class 28; and 1,455,493 for “SLINKY” for a variety
of goods in Class 28
A precompressed helical spring toy that can perform a
number of tricks, which come in a variety of sizes
colors and materials that can light up and make noise
Products bearing or used in connection with the Slinky
Marks, and/or products in packaging and/or containing
labels and/or hang tags bearing the Slinky Marks,
and/or bearing or used in connection with marks that
are confusingly similar to the Slinky Marks and/or
products that are identical or confusingly similar to the
Slinky Products
Defendants’ listings for Counterfeit Products
Any and all websites and any and all accounts with
online marketplace platforms such as Alibaba and/or
AliExpress, 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 PayPal Inc.
(“PayPal”), Payoneer Inc. (“Payoneer”), the Alibaba
Group d/b/a Alibaba.com payment services (e.g.,
Alipay.com Co., Ltd., Ant Financial Services Group),
PingPong Global Solutions, Inc. (“PingPong”) and
other companies or agencies that engage in the
processing or transfer of money and/or real or personal
v

Third Party Service
Providers

property of Defendants
Online marketplace platforms, including, without
limitation, those owned and operated, directly or
indirectly by Alibaba and/or AliExpress, 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

vi

WHERAS, Plaintiff having moved ex parte on October 10, 2019 against Defendants for
the following: 1) a temporary restraining order; 2) an order restraining Merchant Storefronts and
Defendants’ Assets with the Financial Institutions; 3) an 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;
WHEREAS, the Court entered an Order granting Plaintiff’s Application on October 10,
2019 which ordered Defendants to appear on October 24, 2019 at 2:00 p.m. to show cause why a
preliminary injunction should not issue;
WHEREAS, on October 16, 2019, pursuant to the alternative methods of service authorized
by the TRO, Plaintiff served the Summons, Complaint, TRO, all papers filed in support of the
Application on each and every Defendant;
WHEREAS, on October 24, 2019 at 2:00 p.m., Plaintiff appeared at the Show Cause
Hearing, in addition to Sergei Orel, Esq. on behalf of sixteen unidentified defendants.
WHEREAS, on October 24, 2019, the Court extended the TRO against all Defendants until
November 7, 2019.
WHEREAS, on November 27, 2019, Mr. Orel filed a motion to dismiss on behalf of thirtyfour Defendants (“Orel Defendants”).
WHEREAS, on December 13, 2019, the Court entered an Order, inter alia, extending the
TRO against the Orel Defendants pending the outcome of the motion to dismiss.
ORDER
1. This Order is applicable to all Defendants, except the Orel Defendants.
2. The injunctive relief previously granted in the TRO shall remain in place through the
pendency of this litigation, and issuing this Order is warranted under Federal Rule of Civil

1

Procedure 65 and Section 34 of the Lanham Act.
a) Accordingly, Defendants are hereby restrained and enjoined from engaging in any of
the following acts or omissions pending the final hearing and determination of this
action or until further order of the Court:
i. 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 Slinky Marks and/or
marks that are confusingly similar to, identical to and constitute a counterfeiting
and/or infringement of the Slinky Marks;
ii. directly or indirectly infringing in any manner any of Plaintiff’s Slinky Marks;
iii. using any reproduction, counterfeit, copy or colorable imitation of Plaintiff’s
Slinky Marks to identify any goods or services not authorized by Plaintiff;
iv. using any of Plaintiff’s Slinky Marks or any other marks that are confusingly
similar to the Slinky Marks on or in connection with Defendants’
manufacturing, importing, exporting, advertising, marketing, promoting,
distributing, displaying, offering for sale, selling and/or otherwise dealing in
Counterfeit Products;
v. 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
Defendants with Plaintiff, and/or as to the origin, sponsorship or approval of

2

any product manufactured, imported, exported, advertised, marketed,
promoted, distributed, displayed, offered for sale or sold by Defendants and
Defendants’ commercial activities and Plaintiff;
vi. secreting, concealing, destroying, altering, selling off, transferring or otherwise
disposing of and/or dealing with: (i) Counterfeit Products and/or (ii) any
computer files, data, business records, documents or any other records or
evidence relating to their User Accounts, Merchant Storefronts or Defendants’
Assets and the manufacture, importation, exportation, advertising, marketing,
promotion, distribution, display, offering for sale and/or sale of Counterfeit
Products;
vii. effecting assignments or transfers, forming new entities or associations, or
creating and/or utilizing any other platform, User Account, Merchant Storefront
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; and
viii. knowingly instructing, aiding or abetting any other person or business entity in
engaging in any of the activities referred to in subparagraphs 2(a)(i) through
2(a)(vii) above and 2(b)(i) through 2(b)(ii) and 2(c)(i) below.
b) Accordingly, the Third Party Service Providers and Financial Institutions are hereby
restrained and enjoined from engaging in any of the following acts or omissions
pending the final hearing and determination of this action or until further order of the
Court:

3

i. secreting, concealing, transferring, disposing of, withdrawing, encumbering or
paying Defendants’ Assets from or to Defendants’ Financial Accounts until
further ordered by this Court;
ii. 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 the Defendants’ User
Accounts, Merchant Storefronts, Defendants’ Assets and the manufacture,
importation, exportation, advertising, marketing, promotion, distribution,
display, offering for sale and/or sale of Counterfeit Products; and
iii. knowingly instructing, aiding, or abetting any other person or business entity in
engaging in any of the activities referred to in subparagraphs 2(a)(i) through
2(a)(vii) and 2(b)(i) through 2(b)(ii) above.
c) Accordingly, the Third Party Service Providers are hereby restrained and enjoined from
engaging in any of the following acts or omissions pending the final hearing and
determination of this action or until further order of the Court:
i. providing services to Defendants, Defendants’ User Accounts and Defendants’
Merchant Storefronts, including, without limitation, continued operation of
Defendants’ User Accounts and Merchant Storefronts insofar as they are
connected to the Counterfeit Products;
ii. 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 the Defendants’ User
Accounts, Merchant Storefronts, Defendants’ Assets and the manufacture,

4

importation, exportation, advertising, marketing, promotion, distribution,
display, offering for sale and/or sale of Counterfeit Products; and
iii. knowingly instructing, aiding, or abetting any other person or business entity in
engaging in any of the activities referred to in subparagraphs 2(a)(i) through
2(a)(vii), 2(b)(i) through 2(b)(ii) and 2(c)(i) through 2(c)(ii) above.
3. As sufficient cause has been shown, the asset restraint granted in the TRO shall remain in
place through the pendency of this litigation, including that:
a) within seven (7) days of receipt of notice of this Order, any newly discovered Financial
Institutions who are served with this Order shall locate and attach Defendants’
Financial Accounts, shall provide written confirmation of such attachment to Plaintiff’s
counsel and provide Plaintiff’s counsel with a summary report containing account
details for any and all such accounts, which shall include, at a minimum, identifying
information for Defendants and Defendants’ User Accounts, contact information for
Defendants (including mailing addresses and e-mail addresses), account numbers and
account balances for any and all of Defendants’ Financial Accounts.
4. As sufficient cause has been shown, the expedited discovery previously granted in the TRO
shall remain in place through the pendency of this litigation, including that:
a) Plaintiff may serve interrogatories pursuant to Rules 26 and 33 of the Federal Rules of
Civil Procedure as well as Local Civil Rule 33.3 of the Local Rules for the Southern
and Eastern Districts of New York and Defendants who are served with this Order shall
provide written responses under oath to such interrogatories within fourteen (14) days
of service to Plaintiff’s counsel.
b) Plaintiff may serve requests for the production of documents pursuant to Rules 26 and

5

34 of the Federal Rules of Civil Procedure and Defendants who are served with this
Order, their respective officers, employees, agents, servants and attorneys and all
persons in active concert or participation with any of them who receive actual notice of
this Order shall produce all documents responsive to such requests within fourteen (14)
days of service to Plaintiff’s counsel.
c) Within fourteen (14) days after receiving notice of this Order, all Financial Institutions
who receive service of this Order shall provide Plaintiff’s counsel with all documents
and records in their possession, custody or control (whether located in the U.S. or
abroad), relating to any and all of Defendants’ Financial Accounts, User Accounts and
Merchant Storefronts, including, but not limited to, documents and records relating to:
i.

account numbers;

ii.

current account balances;

iii.

any and all identifying information for Defendants and Defendants' User Accounts,
including names, addresses and contact information;

iv.

any and all account opening documents and records, including, but not limited to,
account applications, signature cards, identification documents, and if a business
entity, any and all business documents provided for the opening of each and every
of Defendants’ Financial Accounts;

v.

any and all deposits and withdrawal during the previous year from each and every
of Defendants’ Financial Accounts and any and all supporting documentation,
including, but not limited to, deposit slips, withdrawal slips, cancelled checks and
account statements;

vi.

any and all wire transfers into each and every of Defendants’ Financial Accounts

6

during the previous year, including, but not limited to, documents sufficient to show
the identity of the destination of the transferred funds, the identity of the
beneficiary’s bank and the beneficiary’s account number;
vii.

any and all User Accounts and account details, including, without limitation,
identifying information and account numbers for any and all User Accounts that
Defendants have ever had and/or currently maintain;

viii.

the identities, location and contact information, including any and all e-mail
addresses, of Defendants, their respective officers, employees, agents, servants and
all persons in active concert or participation with any of them;

ix.

the nature of Defendants’ businesses and operations, methods of payment, methods
for accepting payment and any and all financial information, including, but not
limited to, information associated with Defendants’ User Accounts, a full
accounting of Defendants’ sales history and listing history under such accounts,
and Defendants’ Financial Accounts associated with Defendants’ User Accounts;
and

x.

Defendants’ manufacturing, importing, exporting, advertising, marketing,
promoting, distributing, displaying, offering for sale and/or selling of Counterfeit
Products, or any other products bearing one or more of the Slinky Marks and/or
marks that are confusingly similar to, identical to and constitute a counterfeiting
and/or infringement of the Slinky Marks.

d) Within fourteen (14) days of receipt of service of this Order, the Third Party Service Providers
shall provide to Plaintiff’s counsel all documents and records in its possession, custody or
control (whether located in the U.S. or abroad) relating to Defendants’ User Accounts and

7

Defendants’ Merchant Storefronts, including, but not limited to, documents and records
relating to:
i.

any and all User Accounts and Defendants’ Merchant Storefronts and account
details, including, without limitation, identifying information and account numbers
for any and all User Accounts and Defendants’ Merchant Storefronts that
Defendants have ever had and/or currently maintain with the Third Party Service
Providers;

ii.

the identities, location and contact information, including any and all e-mail
addresses of Defendants;

iii.

the nature of Defendants’ businesses and operations, methods of payment, methods
for accepting payment and any and all financial information, including, but not
limited to, information associated with Defendants’ User Accounts and
Defendants’ Merchant Storefronts, a full accounting of Defendants’ sales history
and listing history under such accounts and Defendants’ Financial Accounts with
any and all Financial Institutions associated with Defendants’ User Accounts and
Defendants’ Merchant Storefronts; and

iv.

Defendants’ manufacturing, importing, exporting, advertising, marketing,
promoting, distributing, displaying, offering for sale and/or selling of Counterfeit
Products, or any other products bearing the Slinky Marks and/or marks that are
confusingly similar to, identical to and constitute an infringement of the Slinky
Marks.

5. As sufficient cause has been shown, and pursuant to FRCP 4(f)(3), service may be made
on, and shall be deemed effective as to Defendants if it is completed by one of the following

8

means:
a) delivery of: (i) a PDF copy of this Order or (ii) a link to a secure website (including
NutStore, a large mail link created through Rmail.com or via website publication
through

a

specific

page

dedicated

to

this

Lawsuit

accessible

through

ipcounselorslawsuit.com) where each Defendant will be able to download a PDF copy
of this Order, to Defendants’ e-mail addresses as identified in Schedule A or may
otherwise be determined; or
b) delivery of a message to Defendants through the same means that Plaintiff’s agents
have previously communicated with Defendants, namely the system for
communications established by the Third Party Service Providers on their respective
platforms, providing a link to a secure website (such as NutStore or a large mail link
created through Rmail.com) where each Defendant will be able to download a PDF
copy of this Order.
6. As sufficient cause has been shown, that such alternative service by electronic means
ordered in the TRO and herein shall be deemed effective as to Defendants, Third Party
Service Providers and Financial Institutions through the pendency of this action.
7. As sufficient cause has been shown, service of this Order shall be made on and deemed
effective as to the Third Party Service Providers and Financial Institutions if it is completed
by the following means:
a) delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where
PayPal will be able to download a PDF copy of this Order via electronic mail to EE
Omaha Legal Specialist at [e-mail];
b) delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where

9

AliPay.com Co., Ltd., Ant Financial Services will be able to download a PDF copy
of this Order via electronic mail Mr. Di Zhang, Member of the Legal & Compliance
Department – IP, at [e-mail];
c) delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where
Alibaba will be able to download a PDF copy of this Order via electronic mail to
Ms. Jacqueline Ko, Legal Counsel, Alibaba Group at [e-mail];
d) delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where
Payoneer Inc. will be able to download a PDF copy of this Order via electronic mail
to

Payoneer

Inc.’s

Customer

Service

Management

at

[e-mail] and Edward Tulin, counsel for Payoneer
Inc., at [e-mail]; and
e) delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where
PingPong Global Solutions Inc. will be able to download a PDF copy of this Order
via electronic mail to PingPong Global Solutions Inc.’s Legal Department at
[e-mail] and [e-mail] and Matthew Ball, counsel for
PingPong Global Solutions Inc., at [e-mail].
8. Defendants are hereby given notice that they may be deemed to have actual notice of the
terms of this Order and any act by them or anyone of them in violation of this Order may
be considered and prosecuted as in contempt of this Court.
9. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition
of this case or until this Order is terminated.

10

10. This Order shall remain in effect during the pendency of this action, or until further order
of the Court.
11. Any Defendants that are subject to this Order may appear and move to dissolve or modify
the Order on two (2) days’ notice to Plaintiff or on shorter notice as set by the Court.

SO ORDERED.
SIGNED this _3rd____ day of ___January_________, 2020.
New York, New York
_________________________________
HON. EDGARDO RAMOS
UNITED STATES DISTRICT JUDGE

11