ABC v. DEF

Filing 15

1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 3) ORDER TO SHOWCAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTE RNATIVE SERVICE; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY: Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED as follows: IT IS HEREBY ORDERED, as sufficient cause has been show n, that Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions for fourteen (14) days from the date of this Order, and for such further period as may be provided by order of this Court as furth er set forth in this Order. Defendants are hereby ORDERED to show cause before this Court why a preliminary injunction pursuant to Fed. R. Civ. P. 65(a), should not issue, at a telephone hearing on January 6, 2021, at 12:00 p.m. New York time. To participate in the hearing, parties shall parties shall dial 1-888-557-8511, and enter passcode 9300838. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of $5000 with the Court which amount is determined adequate for the payment of any damages any person may be entitled to recover as a result of an improper or wrongful restraint ordered hereunder. IT IS FURTHER ORDERED that Plaintiff's Complaint and exhibits attached thereto, and Plaintiffs ex parte Ap plication and the Declarations Morten Serup and Jason M. Drangel in support thereof and exhibits attached thereto and this Order shall remain sealed until the Financial Institutions and Third Party Service Providers comply with Paragraphs I(B)-(C), III(A) and V(C) of this Order. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/21/2020) (ks) Transmission to Finance Unit (Cashiers) for processing.

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 1 of 22
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
Bang & Olufsen A/S
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
20-CV-10416
BANG & OLUFSEN A/S,
Plaintiff
v.
15626122961, 18520780903, ALICY2493, AMILA,
ANDY BOUTIQUE STORE, BBLISHIWO, BLUE
SKY
GREEN
SEA,
BOOMLY,
BOYCE,
CAPFUYOU5703, CFORKTY, CZYOUTH0222,
DEIDEI6666,
DHYYOUTH0113,
DSLKJFO5,
DTYO31WW, DUXIAOXUELN99075, ESEPRENY
BABY'S, FFGHM, FGJD7UY63, FGSRTWARTAW,
FGXXHGRT, FHGDTR, FHGRTRE, FLOWERTON,
FLTYRJVRG, FULL CAT, GCJAETWRQWEQW,
HAPPY-LXL,
HILLKY,
HIS983Y7,
HOLLESPIRATE, HOME CHENKU, HOP WITH
YOUR FEELING, HOURMINU5, ILUMINATY,
INABINE, IRNTBFDOE, ISNJA, JIANGKUN HOME
STORE,
JIECHENGDIANZI,
JUNETRY,
KUANGDUANG, LKSDJKGAL, LUOTIANXIU,
MARICHU, NBSQ, NVMCFHSERT, PDORMMGDF,
PEAHER,
PERSPECTIVE01,
PIPIXIADEAI,
QITANGDASHENGSUN,
RENXINGBENSHAN,
RRVTSPPPPP,
SALE
OFFICIAL
STORE,
SANKUTOY20,
SHOP-STORE,
SOLEDABRAVOIMPORT,
SONGYUANYU,
STT6556,
SUNCHENGJING,
SUNNY118,
SUNSHINE WALL, SUNYANZHI, SZMLOVE,
VCGJV, WANGSAN, WBT525, WEICHENPEN,
WSP5322132, XIAOBINGFENGING, XULULUO,

1) TEMPORARY RESTRAINING
ORDER; 2) ORDER RESTRAINING
MERCHANT STOREFRONTS AND
DEFENDANTS’ ASSETS WITH
THE FINANCIAL INSTITUTIONS;
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

FILED UNDER SEAL

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 2 of 22
XUMINGSHOP, YANHEMUKQ, YIFANG2015,
YUERNCVHF, ZHAOYALIN5155 and ZHOU12345,
Defendants

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 3 of 22
GLOSSARY
Term
Plaintiff or Bang &
Olufsen
Defendants

Wish

Epstein Drangel
New York Address
Complaint
Application

Definition
Bang & Olufsen A/S
15626122961, 18520780903, alicy2493, amila, Andy
boutique store, BBlishiwo, Blue sky Green sea,
BOOMLY,
boyce,
capfuyou5703,
cforkty,
czyouth0222, deidei6666, dhyyouth0113, DSLKJFO5,
dtyo31ww, duxiaoxueln99075, Esepreny Baby's,
FFGHM, fgjd7uy63, fgsrtwartaw, fgxxhgrt, fhgdtr,
fhgrtre, flowerton, fltyrjvrg, full cat, gcjaetwrqweQW,
Happy-LXL, HILLKY, his983y7, hollespirate, Home
ChenKu, hop with your feeling, hourminu5, Iluminaty,
InaBine, irntbfdoe, ISNJA, jiangkun home store,
jiechengdianzi, junetry, kuangduang, lksdjkgal,
luotianxiu, Marichu, NBsq, nvmcfhsert, pdormmgdf,
peaher, Perspective01, pipixiadeai, qitangdashengsun,
renxingbenshan, rrvtsppppp, SALE Official Store,
sankutoy20,
shop-store,
soledabravoimport,
songyuanyu, stt6556, sunchengjing, Sunny118,
Sunshine wall, sunyanzhi, szmLOVE, VCGJV,
wangsan,
wbt525,
weichenpen,
wsp5322132,
Xiaobingfenging, xululuo, xumingshop, YanhemukQ,
YIFang2015,
yuerncvhf,
zhaoyalin5155
and
zhou12345
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
Epstein Drangel LLP, counsel for Plaintiff
244 Madison Ave, Suite 411, New York, New York
10016
Plaintiff’s Complaint filed on December 10, 2020
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
i

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 4 of 22

Serup Dec.
Drangel Dec.
B&O Products

B&O Marks

December 10, 2020
Declaration of Morten R. Serup in Support of Plaintiff’s
Application
Declaration of Jason M. Drangel in Support of
Plaintiff’s Application
High-end luxury Danish consumer electronics,
including the BEOPLAY wireless earbuds, BEOPLAY
and BEOSOUND portable sneakers and BEOPLAY
headphones
U.S. Trademark Registration Nos.: 3,106,984 for “
” for a variety of goods in Classes 9, 20, 35, 37,

Counterfeit Products

Infringing Listings
User Accounts

Merchant Storefronts

Defendants’ Assets

41 and 42; 1,007,565 for “
” for a variety of
goods in Classes 7, 9, 11, 12 and 15; 3,063,786 for
“BANG & OLUFSEN” for a variety of goods in
Classes 9, 20, 35, 37, 41 and 42; 1,006,022 for “BANG
& OLUFSEN” for a variety of goods in Class 9;
4,489,925 for “BEOPLAY” for a variety of goods in
Classes 9, 20, 35, 36 and 38 and 2,340,801 for
“BEOSOUND” for a variety of goods in Class 9
Products bearing or used in connection with the B&O
Marks, and/or products in packaging and/or containing
labels bearing the B&O Marks, and/or bearing or used
in connection with marks that are confusingly similar
to the B&O Marks and/or products that are identical or
confusingly similar to the B&O Products
Defendants’ listings for Counterfeit Products
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)
ii

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 5 of 22
Defendants’ Financial
Accounts

Financial Institutions

Third Party Service
Providers

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 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

iii

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 6 of 22

On this day, the Court considered Plaintiff’s ex parte application 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 against Defendants, Third Party Service Providers and Financial Institutions
in light of Defendants’ intentional and willful offerings for sale and/or sales of Counterfeit
Products. 1 A complete list of Defendants is attached hereto as Schedule A, which also includes links
to Defendants’ Merchant Storefronts and Infringing Listings. Having reviewed the Application,
Declarations of Morten Serup and Jason M. Drangel, along with exhibits attached thereto and other
evidence submitted in support thereof, the Court makes the following findings of fact and
conclusions of law:
FACTUAL FINDINGS & CONCLUSIONS OF LAW
1.

Bang & Olufsen, launched in 1925, is a high-end luxury Danish consumer

electronics company that designs audio products and television sets, which are distributed through
various channels of trade in the United States and abroad.
2.

The most popular and successful B&O Products are the BEOPLAY wireless

earbuds, BEOPLAY and BEOSOUND portable speakers and BEOPLAY headphones. The
BEOPLAY wireless earbuds couple iconic design aesthetics with anodized aluminum, and feature
two built-in microphones on either side, with optimized passive noise cancelling for a top-notch
sound experience. The BEOPLAY wireless earbuds are easy to pocket with the slim case design and
have grooves on the earphones to improve the grip. The BEOPLAY headphones feature two
customized titanium drivers and Bang & Olufsen's proprietary digital signal processing (DSP) engine

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 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 7 of 22
and provide an unrivaled wireless listening experience.
3.

The B&O Products are sold mainly by an extensive, independent retail network

across more than 100 countries and some major U.S. retailers, such as Amazon, Best Buy and Neiman
Marcus.
4.

While Bang & Olufsen has gained significant common law trademark and other

rights in its B&O Marks and B&O Products through use, advertising and promotion, Bang & Olufsen
also protected its valuable rights by filing for and obtaining federal trademark registrations.
5.

For example, Bang & Olufsen owns the following U.S. Trademark Registration Nos.:

U.S. Trademark Registration Nos.: 3,106,984 for “

35, 37, 41 and 42; 1,007,565 for “

” for a variety of goods in Classes 9, 20,

” for a variety of goods in Classes 7, 9, 11, 12 and 15;

3,063,786 for “BANG & OLUFSEN” for a variety of goods in Classes 9, 20, 35, 37, 41 and 42;
1,006,022 for “BANG & OLUFSEN” for a variety of goods in Class 9; and 4,489,925 for
“BEOPLAY” for a variety of goods in Classes 9, 20, 35, 36 and 38; and

2,340,801 for

“BEOSOUND” for a variety of goods in Class 9.
6.

Defendants are manufacturing, importing, exporting, advertising, marketing,

promoting, distributing, displaying, offering for sale or Counterfeit Product through Defendants’
User Accounts and Merchant Storefronts with Wish (see Schedule A for links to Defendants’
Merchant Storefronts and Infringing Listings);
7.

Wish.com, a San Francisco, California-based, online marketplace and e-commerce

platform owned by ContextLogic, Inc., a Delaware corporation, 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
2

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 8 of 22
8.

Defendants are not, nor have they ever been, authorized distributors or licensees of

the B&O Products. Neither Plaintiff, nor any of Plaintiff’s authorized agents, have consented to
Defendants’ use of the B&O Marks, nor has Plaintiff consented to Defendants’ use of marks that
are confusingly similar to, identical to and constitute a counterfeiting or infringement of the B&O
Marks;
9.

Plaintiff is likely to prevail on its Lanham Act and related common law claims at

10.

As a result of Defendants’ infringements, Plaintiff, as well as consumers, are likely

trial;

to suffer immediate and irreparable losses, damages and injuries before Defendants can be heard
in opposition, unless Plaintiff’s Application for ex parte relief is granted:
a. Defendants have offered for sale and sold substandard Counterfeit Products that
infringe the B&O Marks;
b. Plaintiff has well-founded fears that more Counterfeit Products will appear in the
marketplace; that consumers may be misled, confused and disappointed by the quality
of these Counterfeit Products, resulting in injury to Plaintiff’s reputation and
goodwill; and that Plaintiff may suffer loss of sales for its B&O Products; and
c. Plaintiff has well-founded fears that if it proceeds on notice to Defendants on this
Application, Defendants will: (i) secret, conceal, destroy, alter, sell-off, transfer or
otherwise dispose of or deal with Counterfeit Products or other goods that infringe
the B&O Marks, the means of obtaining or manufacturing such Counterfeit Products,
and records relating thereto that are in their possession or under their control, (ii)
inform their suppliers and others of Plaintiff’s claims with the result being that those
suppliers and others may also secret, conceal, sell-off or otherwise dispose of
Counterfeit Products or other goods infringing the B&O Marks, the means of
obtaining or manufacturing such Counterfeit Products, and records relating thereto
3

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 9 of 22
that are in their possession or under their control, (iii) secret, conceal, transfer or
otherwise dispose of their ill-gotten proceeds from its sales of Counterfeit Products
or other goods infringing the B&O Marks and records relating thereto that are in their
possession or under their control and/or (iv) open new User Accounts and Merchant
Storefront under new or different names and continue to offer for sale and sell
Counterfeit Products with little to no consequence;
11.

The balance of potential harm to Defendants of being prevented from continuing to

profit from their illegal and infringing activities if a temporary restraining order is issued is far
outweighed by the potential harm to Plaintiff, its business, the goodwill and reputation built up in
and associated with the B&O Marks and to its reputations if a temporary restraining order is not
issued;
12.

Public interest favors issuance of the temporary restraining order in order to protect

Plaintiff’s interests in and to its B&O Marks, and to protect the public from being deceived and
defrauded by Defendants’ passing off of their substandard Counterfeit Products as B&O Products;
13.

Plaintiff has not publicized its request for a temporary restraining order in any way;

14.

Service on Defendants via electronic means is reasonably calculated to result in

proper notice to Defendants.
15.

If Defendants are given notice of the Application, they are likely to secret, conceal,

transfer or otherwise dispose of their ill-gotten proceeds from their sales of Counterfeit Products
or other goods infringing the B&O Marks. Therefore, good cause exists for granting Plaintiff’s
request for an asset restraining order. It typically takes the Financial Institutions a minimum of
five (5) days after service of the Order to locate, attach and freeze Defendants’ Assets and/or
Defendants’ Financial Accounts and it is anticipated that it will take the Third Party Service
Providers a minimum of five (5) days to freeze Defendants’ Merchant Storefronts. As such, the
Court allows enough time for Plaintiff to serve the Financial Institutions and Third Party Service
4

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 10 of 22
Providers with this Order, and for the Financial Institutions and Third Party Service Providers to
comply with the Paragraphs I(B)(1) through I(B)(2) and I(C)(1) of this Order, respectively, before
requiring service on Defendants.
16.

Similarly, if Defendants are given notice of the Application, they are likely to

destroy, move, hide or otherwise make inaccessible to Plaintiff the records and documents relating
to Defendants’ manufacturing, importing, exporting, advertising, marketing, promoting,
distributing, displaying, offering for sale and/or sale of Counterfeit Products. Therefore Plaintiff
has good cause to be granted expedited discovery.
ORDER
Based on the foregoing findings of fact and conclusions of law, Plaintiff’s Application is
hereby GRANTED as follows:
I.

Temporary Restraining Order

A. IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendants are hereby
restrained and enjoined from engaging in any of the following acts or omissions for fourteen
(14) days from the date of this Order, and for such further period as may be provided by order
of this Court:
1)

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 B&O Marks and/or marks that are confusingly similar
to, identical to and constitute a counterfeiting or infringement of the B&O Marks;

2)

directly or indirectly infringing in any manner Plaintiff’s B&O Marks;

3)

using any reproduction, counterfeit, copy or colorable imitation of Plaintiff’s B&O
Marks to identify any goods or service not authorized by Plaintiff;

4)

using Plaintiff’s B&O Marks and/or any other marks that are confusingly similar to the
B&O Marks on or in connection with Defendants’ manufacturing, importing,
5

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 11 of 22
exporting, advertising, marketing, promoting, distributing, offering for sale, selling
and/or otherwise dealing in Counterfeit Products;
5)

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 any product manufactured, imported, exported, advertised,
marketed, promoted, distributed, displayed, offered for sale or sold by Defendants and
Defendants’ commercial activities and Plaintiff;

6)

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;

7)

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

8)

knowingly instructing any other person or business entity to engage in any of the
activities referred to in subparagraphs I(A)(1) through I(A)(7) above and I(B)(1)
through I(B)(2) and I(C)(1) below.

6

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 12 of 22
B. IT IS HEREBY ORDERED, as sufficient cause has been shown, that the Third Party Service
Providers and Financial Institutions are hereby restrained and enjoined from engaging in any of
the following acts or omissions for fourteen (14) days from the date of this order, and for such
further period as may be provided by order of the Court:
1) secreting, concealing, transferring, disposing of, withdrawing, encumbering or paying
Defendants’ Assets from or to Defendants’ Financial Accounts until further ordered by this
Court;
2) 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 Defendants’ Assets and Defendants’ Financial Accounts;
and
3) knowingly instructing any person or business entity to engage in any of the activities
referred to in subparagraphs I(A)(I) through I(A)(7) and I(B)(1) through I(B)(2) above and
I(C)(1) below.
C. IT IS HEREBY ORDERED, as sufficient cause has been shown, that the Third Party Service
Providers are hereby restrained and enjoined from engaging in any of the following acts or
omissions for fourteen (14) days from the date of this order, and for such further period as may be
provided by order of the Court:
1) within five (5) days after receipt of service of this Order, providing services to Defendants,
Defendants’ User Accounts and Defendants’ Merchant Storefronts, including, without
limitation, continued operation of Defendants’ User Accounts and Merchant Storefronts;
and

7

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 13 of 22
2) knowingly instructing any other person or business entity to engage in any of the activities
referred to in subparagraphs I(A)(1) through I(A)(7), I(B)(1) through I(B)(2) and I(C)(1)
above.
II.

Order to Show Cause Why A Preliminary Injunction
Should Not Issue And Order Of Notice

A. Defendants are hereby ORDERED to show cause before this Court why a preliminary
injunction pursuant to Fed. R. Civ. P. 65(a), should not issue, at a telephone hearing on
January 6, 2021, at 12:00 p.m. New York time. To participate in the hearing, parties shall
parties shall dial 1-888-557-8511, and enter passcode 9300838.
B. IT IS FURTHER ORDERED that opposing papers, if any, shall be sent to the Court by
email at [e-mail], filed electronically on ECF, and served
on Plaintiff’s counsel by delivering copies thereof to the office of Epstein Drangel LLP at 60
East 42nd Street, Suite 2520, New York, NY 10165, Attn: Jason M. Drangel on or before
December 31, 2020. Plaintiff may file any Reply papers on or before January 5, 2021.
C. IT IS FURTHER ORDERED that Defendants are hereby given notice that failure to appear at
the show cause hearing scheduled in Paragraph II(A) above may result in the imposition of a
preliminary injunction against them pursuant to Fed. R. Civ. P. 65, which may take effect
immediately upon the expiration of this Order, and may extend throughout the length of the
litigation under the same terms and conditions set forth in this Order.

III.

Asset Restraining Order

A. IT IS FURTHER ORDERED pursuant to Fed. R. Civ. P. 64 and 65 and N.Y. C.P.L.R. 6201
and this Court’s inherent equitable power to issue provisional remedies ancillary to its authority
to provide final equitable relief, as sufficient cause has been shown, that within five (5) days
of receipt of service of this Order, the Financial Institutions shall locate and attach Defendants’

8

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 14 of 22
Financial Accounts and shall provide written confirmation of such attachment to Plaintiff’s
counsel.
IV.

Order Authorizing Bifurcated and Alternative Service by Electronic Means

A. IT IS FURTHER ORDERED pursuant to Fed. R. Civ. P. 4(f)(3), as sufficient cause has been
shown, that service may be made on, and shall be deemed effective as to Defendants if it is
completed by the following means:
1)

delivery of: (i) PDF copies of this Order together with the Summons and Complaint, or
(ii) a link to a secure website (including NutStore.com, a large mail link created through
Rmail.com and via website publication through a specific page dedicated to this
Lawsuit accessible through ipcounselorslawsuit.com) where each Defendant will be
able to download PDF copies of this Order together with the Summons and Complaint,
and all papers filed in support of Plaintiff’s Application seeking this Order to
Defendants’ e-mail addresses to be determined after having been identified by
ContextLogic pursuant to Paragraph V(C).

B. IT IS FURTHER ORDERED, as sufficient cause has been shown, that such alternative service
by electronic means ordered herein shall be deemed effective as to Defendants, Third Party
Service Providers and Financial Institutions through the pendency of this action.
C. IT IS FURTHER ORDERED, as sufficient cause has been shown, that such alternative service
by electronic means ordered herein shall be made within five (5) days of the Financial
Institutions and Third Party Service Providers’ compliance with Paragraphs III(A) and V(C)
of this Order.
D. IT IS FURTHER ORDERED, as sufficient cause has been shown, that the Clerk of the Court
shall issue a single original summons directed to all Defendants as listed in an attachment to
the summons that will apply to all Defendants.

9

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 15 of 22
E. IT IS FURTHER ORDERED, as sufficient cause has been shown, that service may be made
and shall be deemed effective as to the following if it is completed by the below means:
1) delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where PayPal
Inc. will be able to download a PDF copy of this Order via electronic mail to EE Omaha
Legal Specialist at [e-mail];
2) delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where
ContextLogic, Inc. will be able to download a PDF copy of this Order via electronic mail
to ContextLogic Inc.’s counsel, Dwight Lueck, at [e-mail], Brittany
Smith, at [e-mail], and Rocky Cislak, at [e-mail];
3) 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
4) 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 [e-mail].
V.

Order Authorizing Expedited Discovery

A. IT IS FURTHER ORDERED, as sufficient cause has been shown, that:
1) Within fourteen (14) days after receiving service of this Order, each Defendant shall serve
upon Plaintiff’s counsel a written report under oath providing:
a. their true name and physical address;
b. the name and location and URL of any and all websites that Defendants own and/or
operate and the name, location, account numbers and URL for any and all User
Accounts and Merchant Storefronts on any Third Party Service Provider platform
that Defendants own and/or operate;
10

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 16 of 22
c. the complete sales records for any and all sales of Counterfeit Products, including
but not limited to number of units sold, the price per unit, total gross revenues
received (in U.S. dollars) and the dates thereof;
d. the account details for any and all of Defendants’ Financial Accounts, including,
but not limited to, the account numbers and current account balances; and
e. the steps taken by each Defendant, or other person served to comply with Section
I, above.
2) 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.
3) Plaintiff may serve requests for the production of documents pursuant to Fed. R. Civ. P. 26
and 34, and Defendants who are served with this Order and the requests for the production
of documents shall produce all documents responsive to such requests within fourteen (14)
days of service to Plaintiff’s counsel.
B. IT IS FURTHER ORDERED, as sufficient cause has been shown, that within five (5) days of
receipt of service of this Order the Financial Institutions shall identify any and all of
Defendants’ Financial Accounts, 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, including contact information for Defendants
(including, but not limited to, mailing addresses and e-mail addresses), account numbers and
account balances for any and all of Defendants’ Financial Accounts and confirmation of said
compliance with this Order.

11

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 17 of 22
C. IT IS FURTHER ORDERED, as sufficient cause has been shown, that within five (5) days of
receipt of service of this Order, the Third Party Service Providers shall identify any and all of
Defendants’ User Accounts and Merchant Storefronts, and provide Plaintiff’s counsel with a
summary report containing account details for any and all User Accounts and Merchant
Storefronts, which shall include, at a minimum, identifying information for Defendants and
Defendants’ User Accounts and Defendants’ Merchant Storefronts, contact information for
Defendants (including, but not limited to, mailing addresses and e-mail addresses) and
confirmation of said compliance with this Order.
D. IT IS FURTHER ORDERED, as sufficient cause has been shown, that:
1)

Within fourteen (14) days of receiving actual notice of this Order, all Financial
Institutions who are served with this Order shall provide Plaintiff’s counsel 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, including,
but not limited to, documents and records relating to:
a. account numbers;
b. current account balances;
c. any and all identifying information for Defendants, Defendants’ User Accounts and
Defendants’ Merchant Storefronts, including, but not limited to, names, addresses
and contact information;
d. 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;
e. any and all deposits and withdrawals during the previous year from each and every
one of Defendants’ Financial Accounts and any and all supporting documentation,
12

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 18 of 22
including, but not limited to, deposit slips, withdrawal slips, cancelled checks and
account statements; and
f. any and all wire transfers into each and every one of Defendants’ Financial
Accounts 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.
E. IT IS FURTHER ORDERED, as sufficient cause has been shown, that:
1)

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 Defendants’ Merchant Storefronts, including, but not
limited to, documents and records relating to:
a. 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 that were not previously provided pursuant to Paragraph V(C);
b. the identities, location and contact information, including any and all e-mail
addresses of Defendants that were not previously provided pursuant to Paragraph
V(C);
c. 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
13

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 19 of 22
any and all Financial Institutions associated with Defendants’ User Accounts and
Defendants’ Merchant Storefronts; and
d. Defendants’ manufacturing, importing, exporting, advertising, marketing,
promoting, distributing, displaying, offering for sale and/or selling of Counterfeit
Products, or any other products bearing the B&O Marks and/or marks that are
confusingly similar to, identical to and constitute an infringement of the B&O
Marks.
VI.

Security Bond

A. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of $5000
with the Court which amount is determined adequate for the payment of any damages any
person may be entitled to recover as a result of an improper or wrongful restraint ordered
hereunder.
VII.

Sealing Order

A. IT IS FURTHER ORDERED that Plaintiff’s Complaint and exhibits attached thereto, and
Plaintiff’s ex parte Application and the Declarations Morten Serup and Jason M. Drangel in
support thereof and exhibits attached thereto and this Order shall remain sealed until the
Financial Institutions and Third Party Service Providers comply with Paragraphs I(B)-(C),
III(A) and V(C) of this Order.
SO ORDERED.
SIGNED this 21st day of December, 2020, at 1:45 p.m.
________________________________
UNITED STATES DISTRICT JUDGE

14

SCHEDULE A

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 20 of 22

No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

Defendant
15626122961
18520780903
alicy2493
amila
Andy boutique store
BBlishiwo
Blue sky Green sea
BOOMLY
boyce
capfuyou5703
cforkty
czyouth0222
deidei6666
dhyyouth0113
DSLKJFO5
dtyo31ww
duxiaoxueln99075
Esepreny Baby's
FFGHM
fgjd7uy63
fgsrtwartaw
fgxxhgrt
fhgdtr
fhgrtre
flowerton
fltyrjvrg
full cat
gcjaetwrqweQW
Happy‐LXL
HILLKY
his983y7
hollespirate
Home ChenKu
hop with your feeling
hourminu5
Iluminaty
InaBine
irntbfdoe

Infringing Listing
https://www.wish.com/product/5e622c78e872ef2cc377fd27
https://www.wish.com/product/5e622c7666baf82cdf896f2d
https://www.wish.com/product/5fbb63c0902c5a3d309310c1
https://www.wish.com/product/5f074ae4a50cd9653301a527
https://www.wish.com/product/5fb781f329ab41358ee23f1f
https://www.wish.com/product/5f5f10b73ca8952291989c22
https://www.wish.com/product/5f865ce98a35e40050baf54d
https://www.wish.com/product/5fb32adac87997398661d603
https://www.wish.com/product/5f66ccd748656478a05bb235
https://www.wish.com/product/5f895c1d41db45003d175c1b
https://www.wish.com/product/5f598ad43f63f607c8f3d96f
https://www.wish.com/product/5f3e083ab852832b869297df
https://www.wish.com/product/5f6990d3c2aeb500400a265d
https://www.wish.com/product/5f3e08723d4fae168f2d7463
https://www.wish.com/product/5f6082d5de554e153a9b264f
https://www.wish.com/product/5f5f12dd2e08d5c08b93b2d7
https://www.wish.com/product/5f71756c258e0f4673518279
https://www.wish.com/product/5f44c381286521003f0c3f39
https://www.wish.com/product/5f33861b053e55003ca33421
https://www.wish.com/product/5f4ef544b440c502ed21f5c2
https://www.wish.com/product/5f928c7dbade670e45afb5d1
https://www.wish.com/product/5f87c0a87fb8f306e00e12f4
https://www.wish.com/product/5f695d9fc02ec7f6867e1e59
https://www.wish.com/product/5f9a4cc9945bb609ce22e57d
https://www.wish.com/product/5f3237008414870d9eedef95
https://www.wish.com/product/5f45fb758befc50fc383aa10
https://www.wish.com/product/5f3a19812ee069eff4340bad
https://www.wish.com/product/5f3cc1168af35205ab03a759
https://www.wish.com/product/5f59da7f6751b218d2f56759
https://www.wish.com/product/5faa2eda26da06dbe39011d8
https://www.wish.com/product/5f55d802b908740044a7b21b
https://www.wish.com/product/5f3a1976289b9211d65f3e18
https://www.wish.com/product/5f68009957addf0f247cd69d
https://www.wish.com/product/5e9028056a3dd84efaa5c27d
https://www.wish.com/product/5f32290096c57f003e44f292
https://www.wish.com/product/5f6ae7ec23780ff58534b83d
https://www.wish.com/product/5f6800c2c85c96b31857ca3a
https://www.wish.com/product/5f32370b6a58e6004bdc7173

Merchant Storefront
https://www.wish.com/merchant/5e38219fe489d5559c965d64
https://www.wish.com/merchant/5e35212b913001037cdbbd9b
https://www.wish.com/merchant/5f9a21940e46e92d9cc8042c
https://www.wish.com/merchant/584cfaa473c8764c842b1909
https://www.wish.com/merchant/5d5151e0838897074ee6915d
https://www.wish.com/merchant/5acc77a0a71fbf46c7c8846e
https://www.wish.com/merchant/5b064fe35920697682e5a56e
https://www.wish.com/merchant/5e69670548635a003f23858f
https://www.wish.com/merchant/57985b1521933e2f22d37f82
https://www.wish.com/merchant/5eca22a300ef97b61637dc6a
https://www.wish.com/merchant/5e37ba8c24c3ff4731501bf3
https://www.wish.com/merchant/59e998f9471c1478a178a41b
https://www.wish.com/merchant/5b99d5378e9f941f30ed8666
https://www.wish.com/merchant/5a03fa46eea5c572eaed606b
https://www.wish.com/merchant/5d4cc9c1b97c255c3fcd41ff
https://www.wish.com/merchant/5ef2ca0e4e0b2926800dbda7
https://www.wish.com/merchant/5b558633bd48481ab141d90d
https://www.wish.com/merchant/5ec7599218a38a414278d83b
https://www.wish.com/merchant/5e695171f2699af490c3d2da
https://www.wish.com/merchant/5ee050d8b3f3941c022db019
https://www.wish.com/merchant/5ec656123082d50ac13e2b3d
https://www.wish.com/merchant/5f2f6f520b0742ab54c49322
https://www.wish.com/merchant/5f12a49db4702f2cd2a90f40
https://www.wish.com/merchant/5f082340fc2f262ba4832d48
https://www.wish.com/merchant/5e37b58e5ba64b45a5b798ba
https://www.wish.com/merchant/5ec64c4f01e08d3f22ba4487
https://www.wish.com/merchant/5d438e138982b93e7ae062d3
https://www.wish.com/merchant/5e9d43e6da2ff2220147a0e5
https://www.wish.com/merchant/5d3d635e72b0c92c421ead7d
https://www.wish.com/merchant/5e694b78c6a6e6f588be76de
https://www.wish.com/merchant/5d48d4f122f3011148e6ddca
https://www.wish.com/merchant/56d6f64499b3a916b8552e36
https://www.wish.com/merchant/5dfcecd93aff1121c94f32b3
https://www.wish.com/merchant/57011735c1bed108976cd95f
https://www.wish.com/merchant/5e379f9c99c710100020186d
https://www.wish.com/merchant/5f6030bb137df432fe541aba
https://www.wish.com/merchant/5e00de6cf3b39d1ec6ce98ee
https://www.wish.com/merchant/5e33b79b08561e08d1c3eda9

1

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 21 of 22

39
40
41
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52
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54
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60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77

ISNJA
jiangkun home store
jiechengdianzi
junetry
kuangduang
lksdjkgal
luotianxiu
Marichu
NBsq
nvmcfhsert
pdormmgdf
peaher
Perspective01
pipixiadeai
qitangdashengsun
renxingbenshan
rrvtsppppp
SALE Official Store
sankutoy20
shop‐store
soledabravoimport
songyuanyu
stt6556
sunchengjing
Sunny118
Sunshine wall
sunyanzhi
szmLOVE
VCGJV
wangsan
wbt525
weichenpen
wsp5322132
Xiaobingfenging
xululuo
xumingshop
YanhemukQ
YIFang2015
yuerncvhf

https://www.wish.com/product/5f62c99b30b76501a204afc9
https://www.wish.com/product/5f6065cd3a72cc00409a6849
https://www.wish.com/product/5e64cd9fc6ead817cdac2326
https://www.wish.com/product/5f507f8921c4360afb559530
https://www.wish.com/product/5f61d7eb5e127b0049028cbe
https://www.wish.com/product/5f533e480de213004ebc43bc
https://www.wish.com/product/5f3ccf07639d2b004622518c
https://www.wish.com/product/5f59df98445842165aec19c6
https://www.wish.com/product/5f71ab125cefbe29922bdc8a
https://www.wish.com/product/5faa202cbe5d11b09850210f
https://www.wish.com/product/5f5ed8cc36e3a7b5dba0d18e
https://www.wish.com/product/5f6df82a0326a627ca85e484
https://www.wish.com/product/5f9680365f1219979315681a
https://www.wish.com/product/5f66b2200ee73573eae6f7be
https://www.wish.com/product/5f32b4ee8329b7003a3a972a
https://www.wish.com/product/5f68495e99b8bcbc586d6f1b
https://www.wish.com/product/5face05c26e6b2a90a763768
https://www.wish.com/product/5fbf16d2ea00bdc0925727b0
https://www.wish.com/product/5f1e51dedea354003a462520
https://www.wish.com/product/5f6e24ecf7d86627dd747157
https://www.wish.com/product/5f97c6bedd6123005068a7fe
https://www.wish.com/product/5f71757bbbd0c80041677afa
https://www.wish.com/product/5f48956eeccc4f003fdf5095
https://www.wish.com/product/5fc485c1bd10f7c767f47b65
https://www.wish.com/product/5e9d1147d2054e1030ecdca3
https://www.wish.com/product/5f601989a9ff3d0049e25e00
https://www.wish.com/product/5fb3d9f5e8aa01e0ea2ca40e
https://www.wish.com/product/5f3e08833d4fae09922d856c
https://www.wish.com/product/5fbf24477ec813eda54070c5
https://www.wish.com/product/5f316adaceee986486662d42
https://www.wish.com/product/5f1e52a1990a4d374a37dd05
https://www.wish.com/product/5f2f97b8520d15970cba5439
https://www.wish.com/product/5fbf5205c2952b94813696c4
https://www.wish.com/product/5f5f13b5d05280bc2edc7ea6
https://www.wish.com/product/5f71758afd495b0040854661
https://www.wish.com/product/5f2776bf70ca650047017189
https://www.wish.com/product/5f6b0eac6fccea15d9491bb8
https://www.wish.com/product/5f6e25fb2634b631e10fedc2
https://www.wish.com/product/5f8a8fb8e7d29a11d7be9867

https://www.wish.com/merchant/5e6ef8b4eb2b33c18077df61
https://www.wish.com/merchant/564ac274b5360536281ba079
https://www.wish.com/merchant/570a770fa18a3f58f96cf5ea
https://www.wish.com/merchant/5e37a9320f13ee44f3bc682d
https://www.wish.com/merchant/5d5a8c7b40defd04feaca689
https://www.wish.com/merchant/5d49421f516537578d7d903d
https://www.wish.com/merchant/5eb4bfae72cc9b0c9b2cbc45
https://www.wish.com/merchant/5cd68d508da3ad22123ddeef
https://www.wish.com/merchant/5dad91f175bebf0df00d1f7b
https://www.wish.com/merchant/5f856c5aff5ff7ff95c0f200
https://www.wish.com/merchant/5e9bff1329e786236530680a
https://www.wish.com/merchant/58e633cff16e6a1ec46a0542
https://www.wish.com/merchant/5e2ba81b7c168a0779238596
https://www.wish.com/merchant/5adeb9fa421595351d87dea4
https://www.wish.com/merchant/58bab94cde2276510787be3c
https://www.wish.com/merchant/5b7a2c73fbcfde166a3e61d3
https://www.wish.com/merchant/5f677b82471217491152a8e2
https://www.wish.com/merchant/5d5659b433f0b46c16f7046b
https://www.wish.com/merchant/5e3683005ba64b1957b798cc
https://www.wish.com/merchant/5815a290af5d3c34857e95b5
https://www.wish.com/merchant/5f4589c01c7fa48f9ee292a2
https://www.wish.com/merchant/5d6dd1ebaef7d475fce2dea3
https://www.wish.com/merchant/5e32953cc3417512c2c4900f
https://www.wish.com/merchant/5f3f6d129847300a83bfdd06
https://www.wish.com/merchant/5adae64940626a32656e1680
https://www.wish.com/merchant/5e2a9ce4a6ae900f2e6a13d2
https://www.wish.com/merchant/5b88fbd89996c825a4d3989a
https://www.wish.com/merchant/5acc633e5ebcfd36a8b51198
https://www.wish.com/merchant/5f6ae9fca38675003f3ca97b
https://www.wish.com/merchant/589c38eccc73c24f555008f3
https://www.wish.com/merchant/5e3537ce29e7866d6404eaa1
https://www.wish.com/merchant/5b7bd4b1650d2d202b2b63bd
https://www.wish.com/merchant/5e186f400bd2311ca2bdb930
https://www.wish.com/merchant/5acecd7c9722334bcf3b37ec
https://www.wish.com/merchant/5d6e105484bdc6020b46ea5e
https://www.wish.com/merchant/5e65a08f00ff37df5a8f3bf8
https://www.wish.com/merchant/5e6de1025510404065a39174
https://www.wish.com/merchant/576b81350fb17f7f2e2c174c
https://www.wish.com/merchant/5e9d50c52aad6e80cce81b9c

2

Case 1:20-cv-10416-JPO Document 15 Filed 01/21/21 Page 22 of 22

78
79

zhaoyalin5155
zhou12345

https://www.wish.com/product/5fb71ab5dedf910050487bf8
https://www.wish.com/product/5e65a8301d85879383953b54

https://www.wish.com/merchant/5eca366e29e7861648816201
https://www.wish.com/merchant/5e312730e19bb70e56315c4b

3