ABC v. DEF

Filing 19

PRELIMINARY INJUNCTION ORDER: 1. The injunctive relief previously granted in the TRO shall remain in place through the pendency of this action, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanha m 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, importin g, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products or any other products bearing the Squishmallows Marks and/or Squishmallows Works and/or marks or artwork that are confusingly or substantially similar to, identical to and constitute a counterfeiting and/or infringement of the Squishmallows Marks and/or Squishmallows Works; ii. directly or indirectly infringing in any manner Plaintiff's S quishmallows Marks and/or Squishmallows Works, as further set forth in this Order. 7. 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 t his Order may be considered and prosecuted as in contempt of this Court. 8. The $15,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. 9. This Order shall remain in effect during the pendency of this action, or until further order of the Court. 10. 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 by Judge Lorna G. Schofield on 8/5/2021) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

KELLY TOYS HOLDINGS, LLC,
21-cv-6029 (LGS)
Plaintiff

xxxxxxxxxxxxxxx
[PROPOSED]
PRELIMINARY
INJUNCTION ORDER

v.
BAODING MI XIAOMEI TRADING CO.,
LTD., DONGGUAN GAODENBAO TOYS
CO., LTD., DONGGUAN JOY SUM TOYS
MANUFACTURING
CO.,LTD.,
DONGGUAN MITO TECHNOLOGY CO.,
LTD., DONGGUAN NANSEN PLUSH
TOYS CO., LTD., DONGGUAN QINGYU
ELECTRONIC TECHNOLOGY CO., LTD.,
DONGGUAN
WOODFIELD
BABY
PRODUCTS
COMPANY
LIMITED,
DONGGUAN YIKANG PLUSH TOYS CO.,
LTD., FOREIGNERS STORE, FOSHAN
NALU
APPAREL
CO.,
LTD.,
GUANGDONG JINYANG CHILDREN'S
PRODUCTS INDUSTRIAL CO., LTD.,
GUANGZHOU EPSILON IMPORT AND
EXPORT CO., LTD., GUANGZHOU
HAPPY ISLAND TOYS CO., LTD., HIGH
HOPE
INTERNATIONAL
GROUP
JIANGSU CHAMPION HOLDINGS LTD.,
HUNAN
UYEAH
INTERNATIONAL
TRADE CO., LTD., JINHUA HAIRONG
IMPORT AND EXPORT CO., LTD.,
LIANYUNGANG HONGWEN TOYS CO.,
LTD., LONG WAY WOODEN TOYS &
CRAFTS CO., LTD., NANJING UNICO
INTERNATIONAL TRADE CO., LTD.,
NANNING
HUAHANG
YIGOU
ECOMMERCE CO., LTD., NANTONG
OPERA IMP.& EXP. CO., LTD., NINGBO
YIMA IMPORT AND EXPORT CO., LTD.,
PEACEFUL (GUANGZHOU) IMPORT
AND EXPORT CO., LTD., QINGDAO
AODING INDUSTRY AND TRADE
CO.,LTD,
QINGDAO
HONGWUYUE
1

INDUSTRY AND TRADE CO., LTD.,
QINGDAO QUNZE TOYS CO., LTD.,
QUANZHOU GUANGHE MINGLIANG
TRADING CO., LTD., QUANZHOU
HUAERFEIYA
ELECTRONIC
COMMERCE CO., LTD., SALVATORE
STORE, SHANDONG PEACH TOWN
TOYS & GIFTS CO., LTD., SHANGHAI
KEDI TOYS CO., LTD., SHANGHAI NOVA
INDUSTRIAL CO., LTD., SHANGHAI
QIANJIU
TRADING
CO.,
LTD.,
SHENZHEN HUASHUNCHANG TOYS
CO., LTD., SHENZHEN LEVIN PLUSH
TOYS CO., LTD., SHENZHEN MINA
TECHNOLOGY
CO.,
LTD.,
SHIJIAZHUANG QUNZE TRANING CO.,
LTD., SUZHOU MYGREEN TEXTILES
CO., LTD., THE ROAD TO HAPPINESS
STORE, TOY ENCYCLOPEDIA STORE,
VANCI STORE, YANCHENG LANYI
INTERNATIONAL TRADING CO., LTD.,
YANCHENG TRUST TOYS CO., LTD.,
YANGZHOU CAISHENG HANDICRAFT
PRODUCT CO., LTD., YANGZHOU DIXIN
TOY STORE, YANGZHOU HAITONG
TEXTILE
PRODUCTS
CO.,
LTD.,
YANGZHOU HOBBY IMPORT & EXPORT
CO., LTD., YANGZHOU JIJIA TOYS CO.,
LTD., YANGZHOU LERDDY TOYS &
GIFTS CO., LTD., YANGZHOU MARISA
TOY GIFTS CO., LTD., YANGZHOU
RONGJIANG LIANGPIN TOY CO., LTD.,
YANGZHOU TAY CHAIN IMPORT &
EXPORT CO., LTD, YANGZHOU YIJIANG
PRODUCT
TRADING
CO.,
LTD.,
YANGZHOU
YOUPU
HOUSEHOLD
PRODUCTS CO., LTD., YANGZHOU
YUANJIA
CRAFTS
CO.,
LTD.,
YANGZHOU
YURUI
HOUSEHOLD
PRODUCTS CO., LTD., YIWU GALORE
ACCESSORIES CO., LTD., YIWU JIANYU
E-COMMERCE FIRM, YIWU JINBIAO
TEXTILE CO., LTD., YIWU LENORA
TRADING CO., LTD., YIWU NIULUO
TRADE FIRM, YIWU QUANFA IMPORT &
EXPORT COMPANY LIMITED, YIWU
2

YIZHOU TRADING CO., LTD. and YIWU
ZHENGZHI QIN TRADING FIRM,
Defendants

3

GLOSSARY
Term
Plaintiff or Kelly Toys
Defendants

Definition
Kelly Toys Holdings, LLC
Baoding Mi Xiaomei Trading Co., Ltd., Dongguan
Gaodenbao Toys Co., Ltd., Dongguan Joy Sum Toys
Manufacturing Co.,ltd., Dongguan Mito Technology
Co., Ltd., Dongguan Nansen Plush Toys Co., Ltd.,
Dongguan Qingyu Electronic Technology Co., Ltd.,
Dongguan Woodfield Baby Products Company
Limited, Dongguan Yikang Plush Toys Co., Ltd.,
Foreigners Store, Foshan Nalu Apparel Co., Ltd.,
Guangdong Jinyang Children's Products Industrial Co.,
Ltd., Guangzhou Epsilon Import And Export Co., Ltd.,
Guangzhou Happy Island Toys Co., Ltd., High Hope
International Group Jiangsu Champion Holdings Ltd.,
Hunan Uyeah International Trade Co., Ltd., Jinhua
Hairong Import And Export Co., Ltd., Lianyungang
Hongwen Toys Co., Ltd., Long Way Wooden Toys &
Crafts Co., Ltd., Nanjing Unico International Trade
Co., Ltd., Nanning Huahang Yigou E-Commerce Co.,
Ltd., Nantong Opera Imp.& Exp. Co., Ltd., Ningbo
Yima Import And Export Co., Ltd., Peaceful
(guangzhou) Import And Export Co., Ltd., Qingdao
Aoding Industry And Trade Co.,Ltd, Qingdao
Hongwuyue Industry And Trade Co., Ltd., Qingdao
Qunze Toys Co., Ltd., Quanzhou Guanghe Mingliang
Trading Co., Ltd., Quanzhou Huaerfeiya Electronic
Commerce Co., Ltd., Salvatore Store, Shandong Peach
Town Toys & Gifts Co., Ltd., Shanghai Kedi Toys Co.,
Ltd., Shanghai Nova Industrial Co., Ltd., Shanghai
Qianjiu Trading Co., Ltd., Shenzhen Huashunchang
Toys Co., Ltd., Shenzhen Levin Plush Toys Co., Ltd.,
Shenzhen Mina Technology Co., Ltd., Shijiazhuang
Qunze Traning Co., Ltd., Suzhou Mygreen Textiles
Co., Ltd., The road to happiness Store, Toy
Encyclopedia Store, Vanci Store, Yancheng Lanyi
International Trading Co., Ltd., Yancheng Trust Toys
Co., Ltd., Yangzhou Caisheng Handicraft Product Co.,
Ltd., YANGZHOU DIXIN TOY Store, Yangzhou
Haitong Textile Products Co., Ltd., Yangzhou Hobby
Import & Export Co., Ltd., Yangzhou Jijia Toys Co.,
Ltd., Yangzhou Lerddy Toys & Gifts Co., Ltd.,
Yangzhou Marisa Toy Gifts Co., Ltd., Yangzhou
4

Alibaba

AliExpress

Epstein Drangel
New York Address
Complaint
Application

Kelly Dec.
Futterman Dec.
Squishmallows
Application

Squishmallows

Rongjiang Liangpin Toy Co., Ltd., Yangzhou Tay
Chain Import & Export Co., Ltd, Yangzhou Yijiang
Product Trading Co., Ltd., Yangzhou Youpu
Household Products Co., Ltd., Yangzhou Yuanjia
Crafts Co., Ltd., Yangzhou Yurui Household Products
Co., Ltd., Yiwu Galore Accessories Co., Ltd., Yiwu
Jianyu E-Commerce Firm, Yiwu Jinbiao Textile Co.,
Ltd., Yiwu Lenora Trading Co., Ltd., Yiwu Niuluo
Trade Firm, Yiwu Quanfa Import & Export Company
Limited, Yiwu Yizhou Trading Co., Ltd. and Yiwu
Zhengzhi Qin Trading Firm
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
244 Madison Ave, Suite 411, New York, NY 10016
55 West 105th Street, Apt 16, New York, NY 10025
Plaintiff’s Complaint
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
Declaration of Jonathan Kelly in Support of Plaintiff’s
Application
Declaration of Danielle S. Futterman in Support of
Plaintiff’s Application
U.S. Trademark Serial Application Nos.: 88/471,796
for “SQUISHMALLOWS HUGMEES” for goods in
Class 28 and 90/676,140 for “ORIGINAL
SQUISHMALLOWS,” for goods in Class 28
U.S. Trademark Registration Nos.: 5,454,574 for
5

Registrations

Squishmallows Marks
Squishmallows Works
Squishmallows
Products

Counterfeit Products

Infringing Listings
User Accounts

Merchant Storefronts

Defendants’ Assets
Defendants’ Financial

“SQUISHMALLOW” for goods in Class 28; 6,137,521
for “FLIP A MALLOWS” for goods in Class 28;
5,962,289 for “MYSTERY SQUAD” for goods in
Class 28; and 2,029,047 for “KELLYTOY” for goods
in Class 28
The marks covered by the Squishmallows Registrations
and Squishmallows Applications
The works covered by the U.S. copyright registrations
listed in Exhibit C to the Complaint
A line of loveable buddies made with a super soft,
marshmallow-like texture that come in a variety of sizes
from 3.5-inch clip-ons to extra-large 24 inch plush toys,
and have expanded to other styles including Hug Mees,
Stackables, Mystery Squad and Flip-A-Mallows.
Products bearing or used in connection with the
Squishmallows Marks and/or Squishmallows Works,
and/or products in packaging and/or containing labels
and/or hang tags bearing the Squishmallows Marks
and/or Squishmallows Works, and/or bearing or used in
connection with marks and/or artwork that are
confusingly or substantially similar to the
Squishmallows Marks and/or Squishmallows Works
and/or products that are identical or confusingly or
substantially similar to the Squishmallows 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
6

Accounts

Financial Institutions

Third Party Service
Providers

utilized by any Defendants or any Defendants’ User
Accounts or Merchant Storefront(s) (whether said
accounts are 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/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

7

WHERAS, Plaintiff having moved ex parte on July 14, 2021 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 the same day,
July 14, 2021 (“TRO”) which ordered Defendants to appear on August 5, 2021 at 11:00 a.m. to
show cause why a preliminary injunction should not issue (“Show Cause Hearing”);
WHEREAS, on July 29, 2021, Plaintiff filed a letter requesting to extend the TRO until the
date of the Show Cause Hearing;
WHEREAS, on July 30, 2021, the Court issued an order granting Plaintiff’s request,
extending the TRO until the date of the Show Cause Hearing (“July 30, 2021 Order”);
WHEREAS, on July 28, 2021, 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, except Defendants Lianyungang Hongwen Toys Co.,
Ltd. and Shanghai Qianjiu Trading Co., Ltd.;
WHEREAS, on August 2, 2021, pursuant to the alternative methods of service authorized
by the TRO, Plaintiff served the July 30, 2021 Order on each and every Defendant, except
Defendants Lianyungang Hongwen Toys Co., Ltd. and Shanghai Qianjiu Trading Co., Ltd.;
WHEREAS, on August 5, 2021 at 11:00 a.m., Plaintiff appeared at the Show Cause
Hearing, however, no Defendants appeared.

ORDER

8

1. The injunctive relief previously granted in the TRO shall remain in place through the
pendency of this action, 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:
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 Squishmallows Marks
and/or Squishmallows Works and/or marks or artwork that are confusingly or
substantially similar to, identical to and constitute a counterfeiting and/or
infringement of the Squishmallows Marks and/or Squishmallows Works;
ii. directly or indirectly infringing in any manner Plaintiff’s Squishmallows Marks
and/or Squishmallows Works;
iii. using any reproduction, counterfeit, copy or colorable imitation of Plaintiff’s
Squishmallows Marks and/or Squishmallows Works, to identify any goods or
services not authorized by Plaintiff;
iv. using Plaintiff’s Squishmallows Marks and/or Squishmallows Works or any
other marks and/or artwork that are confusingly or substantially similar to the
Squishmallows Marks and/or Squishmallows Works 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;

9

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
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 any other person or business entity in engaging in any of

10

the activities referred to in subparagraphs I(A)(i) through I(A)(vii) above and
I(B)(i) through I(B)(ii) and I(C)(i) through I(C)(ii) 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:
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 Defendants’ Assets and
Defendants’ Financial Accounts; and
iii. knowingly instructing any person or business entity to engage in any of the
activities referred to in subparagraphs I(A)(i) through I(A)(vii) and I(B)(i)
through I(B)(ii) above and I(C)(i) through I(C)(ii) below.
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;
ii. secreting, concealing, destroying, altering, selling off, transferring or otherwise

11

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 any person or business entity in engaging in any of the
activities referred to in subparagraphs I(A)(i) through I(A)(vii) and I(B)(i)
through I(B)(ii) above and I(C)(1) through I(C)(ii) below.
2. As sufficient cause has been shown, the asset restraint granted in the TRO shall remain in
place through the pendency of this action, 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.
3. As sufficient cause has been shown, the expedited discovery previously granted in the TRO
shall remain in place through the pendency of this action, 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

12

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 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.
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;

vi.

any and all wire transfers into each and every of Defendants’ Financial Accounts
during the previous year, including, but not limited to, documents sufficient to show

13

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 that were not previously provide pursuant to Paragraph
V(C); and

ix.

the nature of Defendants’ methods of payment, methods for accepting payment and
a full accounting of Defendants’ sales history and listing history under Defendants’
User Accounts and Defendants’ Merchant Storefronts.

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
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;

14

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
Defendants’ manufacturing, importing, exporting, advertising, marketing,

iv.

promoting, distributing, displaying, offering for sale and/or selling of Counterfeit
Products, or any other products bearing the Squishmallows Marks and/or
Squishmallows Works and/or marks or artwork that are confusingly or substantially
similar to, identical to and constitute an infringement of the Squishmallows Marks
and/or Squishmallows Works.
4. 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
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 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 to Defendants’ e-mail addresses to be determined after having been
identified in Schedule A or may otherwise be determined; and

15

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, notifying Defendants that an action has been filed against them in this Court
and 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.

5. 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.
6. 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 Inc. will be able to download a PDF copy of this Order via electronic mail
to PayPal Legal Specialist at [e-mail];
b) delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where
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. Rachel Wang, Legal Counsel, Alibaba Group at [e-mail]

16

and Ms. Yujuan He, Paralegal, 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].
7. 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.
8. The $15,000.00 bond posted by Plaintiff shall remain with the Court until a final
disposition of this case or until this Order is terminated.
9. This Order shall remain in effect during the pendency of this action, or until further order
of the Court.
10. 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
Dated: August 5, 2021
New York, New York

17