Foxmind Canada Enterprises Ltd. v. 1788 toy Store et al.

Filing 44

AMENDED FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: Judgment is granted in favor of Plaintiff on all claims properly pled against Defaulting Defendants 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 Judgmen t, the Court finds such an award to be reasonable and Plaintiff are awarded Fifty Thousand Dollars ($50,000.000) in statutory damages against each of the One Hundred and Four (104) Defaulting Defendants ("Defaulting Defendants' Indiv idual Damages Award") pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, for a total of Five Million Two Hundred Thousand Dollars ($5,200,000.00) plus post-judgment interest; IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendants, their respective officers, agents, servants, employees, and all persons acting in concert with or under the direction of Defaulting Defendants (regardless of whether located in the United States or abroad), who receive actu al notice of this Order are permanently enjoined and restrained from: and further set forth in this Order. Defaulting Defendants may, upon proper showing and two (2) business days written notice to the Court and Plaintiff's counsel, appear an d move for dissolution or modification of the provisions of this Order; Any failure by Defendants to comply with the terms of this Order shall be deemed contempt of Court, subjecting Defendants to contempt remedies to be determined by the Court, i ncluding fines and seizure of property; The Court releases the Five Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff submitted in connection with this action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, S uite 1250, New York, NY 10165; and This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order (Signed by Judge Katherine Polk Failla on 2/2/2023) (rro) Transmission to Finance Unit (Cashiers) for processing.

Case 1:21-cv-05140-KPF Document 44 Filed 02/02/23 Page 1 of 12

Jason M. Drangel (JD 7204)
[e-mail]
Ashly E. Sands (AS 7715)
[e-mail]
Danielle S. Futterman (DY 4228)
[e-mail]
Gabriela N. Nastasi
[e-mail]
EPSTEIN DRANGEL LLP
60 East 42nd Street, Suite 1250
New York, NY 10165
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
FoxMind Canada Enterprises Ltd.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FOXMIND CANADA ENTERPRISES LTD.,
Plaintiff
v.
1788 TOY STORE, 3WBOX STORE, 92DU NEW LIFE
STORE, ACNH STORE, AF1030 STORE, AGOO TOY STORE,
AKSO STORE, ALI TOY DROPSHIPPING STORE,
ALIEXPRESS-NASA STORE, ANT FACTORY STORE,
AOLEDUO STORE, APICAQIU STORE, ASQW STORE,
AURORA09 STORE, BABY FUTURE STORE, BABY
GROWTH PARADISES STORE, BABY KIDS TOY STORE,
BABY LULLABY STORE, BABY STICKERS STORE, BABY
TEETHER FRANCHISE STORE, BABY&MOMMY STORE,
BABYCARING STORE STORE, BE A BEAUTIFUL GIRL
STORE, BEAUTIFUL@ STORE, BEIBEILE STORE,
CAPRICORNUS OFFICIAL STORE, CCWW FACTORY
STORE, CHAI19119 STORE, CHILD APPAREL STORE,
CHILDLIKE INNOCENCE STORE, CHILDREN DISNEYPARK
STORE,
CHILDREN
HOUSE
STORE,
CHILDRENHOOD
ONLINE
STORE,
CHILDREN'S
EDUCATIONAL STORE, CHINKAR STORE, COLORFUL
CHILD TOYSHOOD STORE, COOLMIFY TOY STORE,
COOLTOYS STORE, CSTEM TOY WROLD STORE,
CUTEGREEN BABY STORE, CYNWARM HOUSE STORE,

CIVIL ACTION No.
21 Civ. 5140 (KPF)
AMENDED FINAL
DEFAULT
JUDGMENT AND
PERMANENT
INJUNCTION ORDER

Case 1:21-cv-05140-KPF Document 44 Filed 02/02/23 Page 2 of 12

DAIDAITOY STORE, DEAR DAILY NECESSITIES STORE,
DEAR~BABY STORE, DISNEY ZY TOY STORE, DISNEYALIEXPRESS STORE, DOLLS CLUB STORE, DOSOMA POP
IT STORE, DPG-3 TOY STORE, DROPSHIPPING BABY TOY
STORE, ELIYFEWHFKLJEWBGJVKLRW STORE, ELK 2
STORE, EXQUISITE BABY STORE, FAINA'S STORE,
FAINT SUNSET STORE, FAIRY MALL, FASCICODOLL
STORE, FIDGET TOISI STORE, FISHING & MUSIC TOOL
STORE, FISHING DAY STORE, FRANCIS 001 STORE, FUN
FOR ALL TOY STORE, FUN PARENTS SHOP STORE,
FUNNY CHILDREN GIFT STORE, FUNNY PAPA TOY
STORE, GAME TOY STORE, GAMERS STORE, GENGAR
STORE, GIFTS FOR CHILDREN STORE, GILI STORE,
GLOBAL-DROPSHIPPING STORE, GLOBLE ZONE WATCH
STORE, GOOD LIFE 666 STORE, GRACEFUL DANCE,
GROW UP STORE, GULU STORE, GULUGULUTOY STORE,
HAPPYS POKEMONS STORE, HARRY TOY STORE,
HELLOZ STORE, HEROBABY STORE, HEVESRZ STORE,
HH TOY STORE, HIBABE TOY STORE, HIZOECHU TOY
STORE, HOUSEMALL STORE, HUANG NEEKY STORE,
HUI CHENG TOYS OFFICIAL STORE, IDEALISM STORE,
IN-HEALTH PROTECTOR STORE, INTELLECTUAL BABY
TOY STORE, JO TOY STORE, JOCESTYLE GLOBAL
DIRECT STORE, JOJOBABY STORE, JOURNAL LIFE
STORE, JOYM STORE, KELE TOY STORE, KIDSFUNNY
TOY STORE, KIDSWORLD STORE, KKBEAUTY STORE,
LADYBUG STORE, LECONI TOY STORE, LEGO-BLOCKS
STORE, LILANGDA TOY STORE, LITTLE BABY SMILING
STORE STORE, LOVELYBABY DROPSHIPPING STORE,
MAGICTOYWORLD STORE, MAKE BEAUTIFUL FOR YOU
STORE, MJV TOY STORE, MOTHER&BABY SUPPLIES
DROPSHIPPING STORE and MURPGY TOY STORE,
Defendants

Case 1:21-cv-05140-KPF Document 44 Filed 02/02/23 Page 3 of 12

GLOSSARY
Term

Definition

Plaintiff or
FoxMind

FoxMind Canada Enterprises Ltd.

Defendants

1788 toy Store, 3WBOX Store, 92Du New Life Store,
ACNH Store, AF1030 Store, Agoo Toy Store, Akso
Store, Ali Toy Dropshipping Store, Aliexpress-NASA
Store, Ant Factory Store, Aoleduo Store, Apicaqiu Store,
ASQW Store, Aurora09 Store, Baby Future Store, Baby
Growth Paradises Store, Baby Kids Toy Store, baby
lullaby Store, Baby Stickers Store, Baby teether
Franchise Store, Baby&Mommy Store, BabyCaring
Store Store, Be A Beautiful Girl Store, beautiful@ Store,
BeiBeiLe Store, capricornus Official Store, CCWW
Factory Store, chai19119 Store, Child Apparel Store,
Childlike innocence Store, Children Disney-Park Store,
Children House Store, Childrenhood Online Store,
Children's educational Store, Chinkar Store, CoLorful
Child Toyshood Store, COOLMIFY Toy Store,
CoolToys Store, CSTEM Toy Wrold Store, cutegreen
baby Store, Cynwarm House Store, daidaitoy Store, Dear
daily necessities Store, Dear~Baby Store, Disney Zy Toy
Store, Disney-Aliexpress Store, Dolls Club Store,
DOSOMA Pop It Store, DPG-3 Toy Store, Dropshipping
Baby Toy Store, ELIYFEWHFKLJEWBGJVKLRW
Store, ELK 2 Store, Exquisite baby Store, faina's Store,
Faint sunset Store, Fairy Mall, Fascicodoll Store, Fidget
toisi Store, Fishing & Music Tool Store, Fishing Day
Store, Francis 001 Store, Fun For All Toy Store, Fun
parents shop Store, Funny Children Gift Store, Funny
Papa Toy Store, Game toy Store, Gamers Store, Gengar
Store, Gifts for children Store, Gili Store, GlobalDropshipping Store, Globle Zone Watch Store, Good
Life 666 Store, Graceful Dance, Grow up Store, GULU
Store, GuluGuluToy Store, happys pokemons Store,
Harry Toy Store, HelloZ Store, HeroBaby Store, Hevesrz
Store, HH toy Store, hiBabe Toy Store, HizoeChu Toy
Store, HouseMall Store, Huang Neeky Store, Hui Cheng
Toys Official Store, idealism Store, In-Health Protector
Store, Intellectual baby toy Store, Jo Toy Store,
JOCESTYLE Global Direct Store, JoJoBaby Store,
Journal Life Store, JOYM Store, KELE TOY Store,
Kidsfunny Toy Store, KidsWorld Store, KKbeauty Store,
Ladybug Store, Leconi Toy Store, LEGO-Blocks Store,
i

Docket Entry
Number
N/A
N/A

Case 1:21-cv-05140-KPF Document 44 Filed 02/02/23 Page 4 of 12

Lilangda Toy Store, LITTLE BABY SMILING Store
Store, LovelyBaby Dropshipping Store, MagicToyWorld
Store, Make beautiful for you Store, MJV TOY Store,
Mother&Baby Supplies Dropshipping Store and Murpgy
Toy Store
Defaulting
Defendants

1788 toy Store, 3WBOX Store, 92Du New Life Store,
ACNH Store, AF1030 Store, Agoo Toy Store, Akso
Store, Ali Toy Dropshipping Store, Aliexpress-NASA
Store, Ant Factory Store, Aoleduo Store, Apicaqiu Store,
Aurora09 Store, Baby Future Store, Baby Growth
Paradises Store, Baby Kids Toy Store, baby lullaby Store,
Baby Stickers Store, Baby teether Franchise Store,
Baby&Mommy Store, BabyCaring Store Store, Be A
Beautiful Girl Store, beautiful@ Store, BeiBeiLe Store,
capricornus Official Store, CCWW Factory Store,
chai19119 Store, Child Apparel Store, Childlike
innocence Store, Children Disney-Park Store,
Childrenhood Online Store, Children's educational Store,
Chinkar Store, CoLorful Child Toyshood Store,
COOLMIFY Toy Store, CoolToys Store, CSTEM Toy
Wrold Store, cutegreen baby Store, Cynwarm House
Store, daidaitoy Store, Dear daily necessities Store,
Dear~Baby Store, Disney Zy Toy Store, DisneyAliexpress Store, Dolls Club Store, DOSOMA Pop It
Store, DPG-3 Toy Store, Dropshipping Baby Toy Store,
ELIYFEWHFKLJEWBGJVKLRW Store, ELK 2 Store,
Exquisite baby Store, faina's Store, Faint sunset Store,
Fascicodoll Store, Fidget toisi Store, Fishing & Music
Tool Store, Fishing Day Store, Francis 001 Store, Fun For
All Toy Store, Fun parents shop Store, Funny Children
Gift Store, Game toy Store, Gamers Store, Gengar Store,
Gifts for children Store, Gili Store, Globle Zone Watch
Store, Good Life 666 Store, Graceful Dance, Grow up
Store, GULU Store, GuluGuluToy Store, happys
pokemons Store, Harry Toy Store, HeroBaby Store,
Hevesrz Store, HH toy Store, hiBabe Toy Store,
HizoeChu Toy Store, HouseMall Store, Huang Neeky
Store, idealism Store, In-Health Protector Store,
Intellectual baby toy Store, Jo Toy Store, JOCESTYLE
Global Direct Store, JoJoBaby Store, Journal Life Store,
JOYM Store, KELE TOY Store, Kidsfunny Toy Store,
KidsWorld Store, KKbeauty Store, Ladybug Store,
Leconi Toy Store, LEGO-Blocks Store, Lilangda Toy
Store, LITTLE BABY SMILING Store Store,
LovelyBaby Dropshipping Store, MagicToyWorld Store,
ii

Case 1:21-cv-05140-KPF Document 44 Filed 02/02/23 Page 5 of 12

AliExpress

Sealing Order
Complaint
Application

Capon Dec.
Yamali Dec.
TRO

PI Show Cause
Hearing
PI Order
User
Account(s)

Merchant
Storefronts

Make beautiful for you Store, MJV TOY Store,
Mother&Baby Supplies Dropshipping Store and Murpgy
Toy Store
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 directly to consumers
across the world and specifically to consumers residing
in the U.S., including New York
Order to Seal File entered on June 8, 2021
Plaintiff’s Complaint filed on June 10, 2021
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 June 10, 2021
Declaration of David Capon in Support of Plaintiff’s
Application
Declaration of Danielle S. Yamali 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 June
10, 2021
July 8, 2021 hearing to show cause why a preliminary
injunction should not issue
July 9, 2021 Preliminary Injunction Order
Any and all websites and any and all accounts with online
marketplace platforms such as 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,
iii

N/A

Dkt. 1
Dkt. 6
Dkts. 10, 13

N/A
Dkt. 13
Dkt. 14

N/A
Dkt. 12
N/A

N/A

Case 1:21-cv-05140-KPF Document 44 Filed 02/02/23 Page 6 of 12

Pop It Mark
Pop It
Products
Counterfeit
Products

Defendants’
Assets
Defendants’
Financial
Accounts
Financial
Institutions

Third Party
Service
Providers

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
U.S. Trademark Registration No. 6,183,005 for “POP
IT!” for goods in Class 28
A soothing tactile toy and smart bubble popping game
designed to stimulate children’s senses and develop logic
and reasoning skills
Products bearing or used in connection with the Pop It
Mark, and/or products in packaging and/or containing
labels bearing the Pop It Mark, and/or bearing or used in
connection with marks that are confusingly similar to the
Pop It Mark and/or products that are identical or
confusingly similar to the Pop It Mark
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 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

iv

N/A
N/A
N/A

N/A
N/A

N/A

N/A

Case 1:21-cv-05140-KPF Document 44 Filed 02/02/23 Page 7 of 12

Defendants’
Frozen
Accounts
Plaintiff’s
Motion for
Default
Judgment
Nastasi Aff.

Defendants’ Financial Accounts that were and/or are
attached and frozen or restrained by the Financial
Institutions 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 Motion for Default Judgment and a Permanent
Injunction Against Defaulting Defendants filed on
October 14, 2022
Affidavit by Gabriela N. Nastasi in Support of Plaintiff’s
Motion for Default Judgment

v

N/A

TBD

TBD

Case 1:21-cv-05140-KPF Document 44 Filed 02/02/23 Page 8 of 12

This matter comes before the Court by motion filed by Plaintiff for the entry of final
judgment and permanent injunction by default against Defaulting Defendants for Defaulting
Defendants’ trademark infringement, trademark counterfeiting, false designation of origin, passing
off and unfair competition and related state and common law claims arising out of Defendants’
unauthorized use of Plaintiff’s Pop It Mark 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 Gabriela N.
Nastasi in support of Plaintiff’s Motion for Default Judgment and a Permanent Injunction Against
Defendant, the Certificate 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.

Defendants’ Liability

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

Damages Awards

1) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve both
the compensatory and punitive purposes of the Lanham Act’s prohibitions on willful
infringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages
award requested in its Motion for Default Judgment, the Court finds such an award to be
reasonable and Plaintiff are awarded Fifty Thousand Dollars ($50,000.000) in statutory
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-05140-KPF Document 44 Filed 02/02/23 Page 9 of 12

damages against each of the One Hundred and Four (104) Defaulting Defendants (“Defaulting
Defendants’ Individual Damages Award”) pursuant to Section 15 U.S.C. § 1117(c) of the
Lanham Act, for a total of Five Million Two Hundred Thousand Dollars ($5,200,000.00) plus
post-judgment interest;
III.

Permanent Injunction

2) IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendants,
their respective officers, agents, servants, employees, and all persons acting in concert with or
under the direction of Defaulting Defendants (regardless of whether located in the United
States or abroad), who receive actual notice of this Order are permanently enjoined and
restrained from:
A. manufacturing, importing, exporting, advertising, marketing, promoting, distributing,
displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products
or any other products bearing the Pop It Mark and/or marks that are confusingly similar
to, identical to and constitute a counterfeiting and/or infringement of the Pop It Mark;
B. directly or indirectly infringing in any manner Plaintiff’s Pop It Mark;
C. using any reproduction, counterfeit, copy or colorable imitation of Plaintiff’s Pop It
Mark to identify any goods or services not authorized by Plaintiff;
D. using Plaintiff’s Pop It Mark, or any other marks that are confusingly similar to the Pop
It Mark 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. 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:
2

Case 1:21-cv-05140-KPF Document 44 Filed 02/02/23 Page 10 of 12

i. Defendants’ User Accounts and/or Merchant Storefronts;
ii. Defendants’ Assets; and
iii. the manufacture, importation, exportation, advertising, marketing, promotion,
distribution, display, offering for sale and/or sale of Counterfeit Products by
Defendants and by their respective officers, employees, agents, servants and all
persons in active concert or participation with any of them; and
F. effecting assignments or transfers, forming new entities or associations, or creating
and/or utilizing any other platform, User Accounts, Merchant Storefronts or any other
means of importation, exportation, advertising, marketing, promotion, distribution,
display, offering for sale and/or sale of Counterfeit Products for the purposes of
circumventing or otherwise avoiding the prohibitions set forth in this Order.
2)

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defaulting Defendants
must deliver up for destruction to Plaintiff any and all Counterfeit Products and any and all
packaging, labels, tags, advertising and promotional materials and any other materials in the
possession, custody or control of Defaulting Defendants that infringe any of Plaintiff’
trademarks or other rights including, without limitation, the Pop It Mark, or bear any marks
that are confusingly similar to the Pop It Mark pursuant to 15 U.S.C. § 1118;

3)

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Third Party Service
Providers and Financial Institutions are permanently enjoined and restrained from:
A. secreting, concealing, transferring, disposing of, withdrawing, encumbering or paying
any of the Defaulting Defendants’ Frozen Assets from or to Defaulting Defendants’
Financial Accounts until further ordered by this Court;

3

Case 1:21-cv-05140-KPF Document 44 Filed 02/02/23 Page 11 of 12

B. secreting, concealing, destroying, altering, selling off, transferring or otherwise
disposing of and/or dealing with any computer files, data, business records, documents
or any other records or evidence relating to Defaulting Defendants’ Frozen Assets and
Defaulting Defendants’ Financial Accounts;
C. knowingly instructing, aiding or abetting any other person or business entity in
engaging in any of the activities referred to in subparagraphs III(1)(A) through III(2)
and III(3)(A) through III(3)(B) above through III(4)(A) below.
4)

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Third Party Service
Providers are permanently enjoined and restrained from:
A. providing services to Defaulting Defendants and Defaulting Defendants’ User
Accounts and Merchant Storefronts, including, without limitation, continued operation
of Defaulting Defendants’ User Accounts and Merchant Storefronts; and
B. knowingly instructing, aiding or abetting any other person or business entity in
engaging in any of the activities referred to in subparagraphs III(1)(A) through III(2)
and III(3)(A) through III(3)(B) above through III(4)(A) above.
IV.

Dissolution of Rule 62(a) Stay

1) IT IS FURTHER ORDERED, as sufficient cause has been shown, the 30 day automatic stay
on enforcing Plaintiff’s judgment, pursuant to Fed. R. Civ. Pro. 62(a) is hereby dissolved.
V.

Miscellaneous Relief

1) Defaulting Defendants may, upon proper showing and two (2) business days written notice to
the Court and Plaintiff’s counsel, appear and move for dissolution or modification of the
provisions of this Order;

4

Case 1:21-cv-05140-KPF Document 44 Filed 02/02/23 Page 12 of 12

2) Any failure by Defendants to comply with the terms of this Order shall be deemed contempt
of Court, subjecting Defendants to contempt remedies to be determined by the Court, including
fines and seizure of property;
3) The Court releases the Five Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff
submitted in connection with this action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East
42nd Street, Suite 1250, New York, NY 10165; 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 2nd day of February, 2023.

_________________________________
HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE

5