Mattel, Inc. v. Anime Cards Store et. al
Filing
178
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER FOR DEFENDANT SHOP5440279 STORE: Judgment is granted in favor of Plaintiff on all claims properly pled against Defaulting Defendant in the Complaint; 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 reasonable and Plaintiff is awarded Fifty Thousand Dollars ($50,000.00) in statutory damages against Defaulting Defendant pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act and post-judgment interest ("Defaulting Defendants Individual Damages Award"); IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendant, its respective officers, agents, servants, employees, successors and assigns and all pers ons acting in concert with or under the direction of Defaulting Defendant (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. IT I S FURTHER ORDERED, as sufficient cause has been shown, that the 30-day automatic stay on enforcing Plaintiff's judgment, pursuant to Fed. R. Civ. Pro. 62(a) is hereby dissolved, as further set forth in this Order. Shop5440279 Store, terminated. (Signed by Judge Valerie E. Caproni on 9/7/2021) (mml)
Case 1:21-cv-01508-VEC Document 178 Filed 09/09/21 Page 1 of 10
Jason M. Drangel (JD 7204)
jdrangel@ipcounselors.com
Ashly E. Sands (AS 7715)
asands@ipcounselors.com
Danielle (Yamali) Futterman (DY 4228)
dfutterman@ipcounselors.com
EPSTEIN DRANGEL LLP
60 East 42nd Street, Suite 2520
New York, NY 10165
Telephone:
(212) 292-5390
Facsimile:
(212) 292-5391
Attorneys for Plaintiff
Mattel, Inc.
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 9/7/2021
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MATTEL, INC.,
Plaintiff
v.
ANIME CARDS STORE, ATSELL STORE,
BANDAITOMY STORE, BEYON STORE, CAPITAL
INDUSTRIAL LIMITED, CARD GAME TOY
STORE,
DEFORMATION
WORLD
STORE,
DINOSAURMODEL TOY STORE, DONGGUAN
LING GAN GRAPHIC DESIGN CO., LTD.,
EVERYTHING STORE, GUANGXI WOONCAI
TRADING CO., LTD., GUANGZHOU YINGNISI
TRADING CO., LTD., GUANGZHOU YUHUA
PLAYING CARDS CO., LTD., HONGYUE TOY
STORE
STORE,
HUIZHOU
DANCHEN
INDUSTRIAL CO., LTD., HUNAN LOUDI BOSERA
TRADING CO., LTD., JANEMEMORY STORE,
JIANGSU HONGYUAN PAPER PRODUCTS CO.,
LTD.,
KIDS
INTEREST
STORE,
MAGICTOYWORLD STORE, MODEL CITY
STORE, MUFUAZ STORE, PRESTIJ HOMES
STORE, SHANDONG GREEN INTERNATIONAL
TRADE CO., LTD., SHANTOU CHENGHAI
WEIFAN TOYS FACTORY, SHAOXING HUAGU
IMP. & EXP. CO., LTD., SHENGZHOU KAILE
RECREATION CO., LTD., SHENZHEN SHENGKEN
21-cv-1508 (VEC)
[PROPOSED]
FINAL DEFAULT JUDGMENT
AND PERMANENT
INJUNCTION ORDER FOR
DEFENDANT SHOP5440279
STORE
Case 1:21-cv-01508-VEC Document 178 Filed 09/09/21 Page 2 of 10
TECHNOLOGY CO., LTD., SHOP5440279 STORE,
SHOP900242407 STORE, SHOP900245403 STORE,
SHOP910716127 STORE, SHOP910719071 STORE,
SHOP910905040 STORE, SHOP911134294 STORE,
SHOPPOKEMON STORE, SI MI DA DANG 001
STORE, SIRMAK GLOBAL STORE, THE ROAD TO
HAPPINESS STORE, THE TOY STORE, TOMY TOY
STORE,
USEFUL
INTERESTING
STORE,
WENZHOU KAIWO CRAFT & GIFT CO., LTD.,
WENZHOU SHANJIA HANDICRAFT CO., LTD.,
WUXI
XINFDA
INTERNATIONAL
CORP.,
XIAMEN HONGJU PRINTING INDUSTRY &
TRADE CO., LTD., XIAMEN NATRUAL PACKING
INDUSTRIAL LTD, XIAMEN YICHENFENG
INDUSTRY & TRADE CO., LTD., XIANG HE TOY
STORE, YANGZHOU JUMBAY INTERNATIONAL
TRADING CO., LTD., YICLL YICNN STORE and
ZHEJIANG G STAR TRADING LIMITED,
Defendants
Case 1:21-cv-01508-VEC Document 178 Filed 09/09/21 Page 3 of 10
GLOSSARY
Term
Definition
Plaintiff or
Mattel
Mattel, Inc.
Docket Entry
Number
N/A
Defendants
Anime Cards Store, Atsell Store, BandaiTomy Store, BEYON
Store, Capital Industrial Limited, Card Game Toy Store,
Deformation world Store, DinosaurModel Toy Store,
Dongguan Ling Gan Graphic Design Co., Ltd., Everything
Store, Guangxi Wooncai Trading Co., Ltd., Guangzhou
Yingnisi Trading Co., Ltd., Guangzhou Yuhua Playing Cards
Co., Ltd., Hongyue Toy Store Store, Huizhou Danchen
Industrial Co., Ltd., Hunan Loudi Bosera Trading Co., Ltd.,
JaneMemory Store, Jiangsu Hongyuan Paper Products Co.,
Ltd., Kids interest Store, MagicToyWorld Store, Model City
Store, Mufuaz Store, PRESTIJ HOMES Store, Shandong
Green International Trade Co., Ltd., Shantou Chenghai Weifan
Toys Factory, Shaoxing Huagu Imp. & Exp. Co., Ltd.,
Shengzhou Kaile Recreation Co., Ltd., Shenzhen Shengken
Technology Co., Ltd., Shop5440279 Store, Shop900242407
Store, Shop900245403 Store, Shop910716127 Store,
Shop910719071
Store,
Shop910905040
Store,
Shop911134294 Store, ShopPOKEMON Store, SI MI DA
DANG 001 Store, Sirmak Global Store, The road to happiness
Store, The Toy Store, TOMY TOY Store, Useful Interesting
Store, Wenzhou Kaiwo Craft & Gift Co., Ltd., Wenzhou
Shanjia Handicraft Co., Ltd., Wuxi Xinfda International Corp.,
Xiamen Hongju Printing Industry & Trade Co., Ltd., Xiamen
Natrual Packing Industrial Ltd, Xiamen Yichenfeng Industry
& Trade Co., Ltd., Xiang He Toy Store, Yangzhou Jumbay
International Trading Co., Ltd., yicll yicnn Store and Zhejiang
G Star Trading Limited
Shop5440279 Store
N/A
Alibaba.com, an online marketplace platform that allows
manufacturers, wholesalers and other third-party 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 third-party merchants,
like Defendants, to advertise, offer for sale, sell, distribute and
ship their wholesale and retail products originating from China
N/A
Defaulting
Defendant
Alibaba
AliExpress
i
N/A
N/A
Case 1:21-cv-01508-VEC Document 178 Filed 09/09/21 Page 4 of 10
Sealing Order
Complaint
Application
Adler Dec.
Drangel Dec.
TRO
PI Show Cause
Hearing
PI Order
User Accounts
Merchant
Storefronts
UNO Products
directly to consumers across the world and specifically to
consumers residing in the U.S., including New York
Order to Seal File entered on February 17, 2021
Dkt. 1
Plaintiff’s Complaint filed on February 19, 2021
Dkt. 8
Plaintiff’s Ex Parte Application for: 1) a temporary restraining Dkts. 12-14, 16
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 February 19,
2021
Declaration of Ray Adler in Support of Plaintiff’s Application
Dkt. 14
Declaration of Jason M. Drangel in Support of Plaintiff’s
Application
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 entered on February 19, 2021
March 19, 2021 hearing to show cause why a preliminary
injunction should not issue
March 19, 2021 Preliminary Injunction Order
Any and all websites and any and all accounts with online
marketplace platforms such as Alibaba and 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
Card games sold under the UNO brand, including the classic
UNO game, UNO Attach, UNO Wild Jackpot, UNO MOD and
more, including themed card decks
ii
Dkt. 12
N/A
N/A
Dkt. 6
N/A
N/A
N/A
Case 1:21-cv-01508-VEC Document 178 Filed 09/09/21 Page 5 of 10
UNO Marks
Counterfeit
Products
Defendants’
Assets
Defendants’
Financial
Accounts
Financial
Institutions
Third Party
Service
Providers
Defendants’
Frozen Assets
Plaintiff’s
Motion for
Default
Judgment
Futterman Aff.
U.S. Trademark Registration Nos.: 1,005,397 for “UNO” for
goods in Class 28; 5,125,593 for “UNO” for goods in Class 9;
and 5,618,477 for “DOS” for goods in Class 28
Products bearing or used in connection with the UNO Marks,
and/or products in packaging and/or containing labels bearing
the UNO Marks, and/or bearing or used in connection with
marks that are confusingly similar to the UNO Marks and/or
products that are identical or confusingly similar to the UNO
Products
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
property of Defendants
Online marketplace platforms, including, without limitation,
those owned and operated, directly or indirectly by Alibaba
and 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
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 an Order to Show Cause Why
Default Judgment and a Permanent Injunction should not be
entered Against Defaulting Defendant filed on August 16,
2021
Affidavit by Danielle (Yamali) Futterman in Support of
Plaintiff’s Motion for Default Judgment
iii
N/A
N/A
N/A
N/A
N/A
N/A
N/A
TBD
TBD
Case 1:21-cv-01508-VEC Document 178 Filed 09/09/21 Page 6 of 10
This matter comes before the Court by motion filed by Plaintiff for the entry of final
judgment and permanent injunction by default as to Defendant Shop5440279 Store (“Defaulting
Defendant”) for Defaulting Defendant’s trademark infringement, trademark counterfeiting, false
designation of origin, passing off and unfair competition and related state and common law claims
arising out of Defaulting Defendant’s unauthorized use of Plaintiff’s UNO Marks 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 Danielle (Yamali)
Futterman 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 Defendant’s Liability
1) Judgment is granted in favor of Plaintiff on all claims properly pled against Defaulting
Defendant 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
reasonable and Plaintiff is awarded Fifty Thousand Dollars ($50,000.00) in statutory damages
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
1
Case 1:21-cv-01508-VEC Document 178 Filed 09/09/21 Page 7 of 10
against Defaulting Defendant pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act and
post-judgment interest (“Defaulting Defendant’s Individual Damages Award”);
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 Defendant (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 one or more of the UNO Marks and/or marks that are
confusingly similar to, identical to and constitute a counterfeiting and/or infringement
of the UNO Marks;
B. directly or indirectly infringing in any manner any of Plaintiff’s UNO Marks;
C. using any reproduction, counterfeit, copy or colorable imitation of Plaintiff’s UNO
Marks to identify any goods or services not authorized by Plaintiff;
D. using any of Plaintiff’s UNO Marks, or any other marks that are confusingly similar to
the UNO Marks 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
2
Case 1:21-cv-01508-VEC Document 178 Filed 09/09/21 Page 8 of 10
manufactured, imported, exported, advertised, marketed, promoted, distributed,
displayed, offered for sale or sold by Defaulting Defendant 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 Defendant and Defaulting Defendant’s 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 Defendant’s User Accounts and/or Merchant Storefronts;
ii. Defaulting Defendant’s Assets; and
iii. the manufacture, importation, exportation, advertising, marketing, promotion,
distribution, display, offering for sale and/or sale of Counterfeit Products by
Defaulting Defendant and by their respective officers, employees, agents,
servants and all persons in active concert or participation with any of them; and
G. effecting assignments or transfers, forming new entities or associations, or creating
and/or utilizing any other platform, User Accounts, Merchant Storefronts or any other
means of importation, exportation, advertising, marketing, promotion, distribution,
display, offering for sale and/or sale of Counterfeit Products for the purposes of
circumventing or otherwise avoiding the prohibitions set forth in this Order.
2)
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defaulting Defendant
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 Defendant that infringe any of Plaintiff’s
3
Case 1:21-cv-01508-VEC Document 178 Filed 09/09/21 Page 9 of 10
trademarks, copyrights or other rights including, without limitation, the UNO Marks, or bear
any marks that are confusingly similar to the UNO Marks 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 Defendant’s Frozen Assets from or to Defaulting Defendant’s
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 Defendant’s Frozen Assets and
Defaulting Defendant’s Financial Accounts;
C. knowingly instructing, aiding or abetting any other person or business entity in
engaging in any of the activities referred to in subparagraphs III(1)(A) through III(2)
and III(3)(A) through III(3)(B) above through III(4)(A) below.
4)
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Third Party Service
Providers are permanently enjoined and restrained from:
A. providing services to Defaulting Defendant and Defaulting Defendant’s User Accounts
and Merchant Storefronts, including, without limitation, continued operation of
Defaulting Defendant’s 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.
4
Case 1:21-cv-01508-VEC Document 178 Filed 09/09/21 Page 10 of 10
IV.
Dissolution of Rule 62(a) Stay
1) IT IS FURTHER ORDERED, as sufficient cause has been shown, that the 30-day automatic
stay on enforcing Plaintiff’s judgment, pursuant to Fed. R. Civ. Pro. 62(a) is hereby dissolved.
V.
Miscellaneous Relief
2) Defaulting Defendant 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 Defendant’s
Frozen Assets, Defaulting Defendant’s Additional Assets and/or Defaulting Defendant’s
Additional Financial Accounts;
3) Any failure by Defaulting Defendant to comply with the terms of this Order shall be deemed
contempt of Court, subjecting Defaulting Defendant to contempt remedies to be determined
by the Court, including fines and seizure of property; and
4) This Court shall retain jurisdiction over this matter and the parties in order to construe and
enforce this Order.
SO ORDERED.
SIGNED this _____ day of ____________, 2021, at _______ __.m.
_________________________________
HON. VALERIE E. CAPRONI
9/7/2021
UNITED STATES DISTRICT JUDGE
5
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