ABC v. DEF

Filing 10

PRELIMINARY INJUNCTION ORDER: 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. 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. Accordingly, the Third Pa rty 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. secreti ng, concealing, transferring, disposing of, withdrawing, encumbering or paying Defendants' Assets from or to Defendants' Financial Accounts until further ordered by this Court, as further set forth herein. As sufficient cause has bee n 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, as fu rther set forth herein. 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 thro ugh the pendency of this action. 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. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. This Order shall remain in effect during the pendency of this action, or u ntil further order of the Court. 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. ( As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 11/12/2021) (vfr) Transmission to Finance Unit (Cashiers) for processing.

Case 1:21-cv-08434-AJN Document 10 Filed 11/17/21 Page 1 of 16

Jason M. Drangel (JD 7204)
[e-mail]
Ashly E. Sands (AS 7715)
[e-mail]
Danielle S. Futterman (DY 4228)
[e-mail]
EPSTEIN DRANGEL LLP
60 East 42nd Street, Suite 2520
New York, NY 10165
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Kelly Toys Holdings, LLC
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

KELLY TOYS HOLDINGS, LLC,
21-cv-8434 (AJN)
Plaintiff
[PROPOSED]
PRELIMINARY
INJUNCTION ORDER

v.
ALIALIALILL STORE, BABY -SHOPPING
STORE, BAZINGA STORE, BBOTTRUOYS
TOY STORE, BOBONIU STORE, CHENWANJU
STORE, CHILDREN GROWING TREE STORE,
CHINESE PLUSH TOY STORE, DONGGUAN
SHENGEN HARDWARE PLASTIC CO., LTD.,
DONGGUAN WOODFIELD BABY PRODUCTS
COMPANY LIMITED, DONGGUAN XINGKE
GIFT CO., LTD., DROPSHIPPING-TOYS
STORE, FAIRYLANDS TOY STORE, FCOT
STORE, FOURTRY STORE, FRANCIS 001
STORE,
FUN
GAME
FUN
STORE,
GUANGDONG SANSAN SUPPLY CHAIN CO.,
LTD., GUANGZHOU LITTLE TALENT TOYS
CO., LTD., GUANGZHOU YIMAI TRADING
CO., LTD., HANGZHOU AGREAT IMPORT &
EXPORT CO., LTD., HEBEI KUNI ANIMATION
INDUSTRY
CO.,
LTD.,
HENAN
YINGHUOZHIGUANG CULTURE MEDIA CO.,
LTD., MIKECRACK STORE, MONSTER
JELLIE CULTURE CO., LTD., MOVING
DREAMING STORE, NANJING RUIFUTONG
1

Case 1:21-cv-08434-AJN Document 10 Filed 11/17/21 Page 2 of 16

ARTS AND TOYS MANUFACTURING CO.,
LTD., QWJA STORE, SHANGHAI QIANJIU
TRADING CO., LTD., SHENZEN TONGFEI
INTERNATIONAL
TRADE
CO.,
LTD.,
SHENZHEN HECHUN TECHNOLOGY CO.,
LTD., SHENZHEN QINGHONG TOYS CO.,
LTD., SHOP5477120 STORE, SHOP910893006
STORE, SI TING STORE, SZ GTEAK
TECHNOLOGY CO., LIMITED, TC XRC
STORE STORE, TIKTOK IP STORE, VL
STORE, XINXIANG PURUIGE IMPORT AND
EXPORT TRADING CO., LTD., YAMONG
STORE,
YANGZHOU
AIXINI
INTERNATIONAL TRADE IMPORT AND
EXPORT CO., LTD., YANGZHOU AORUNJU
GIFTS CO., LTD., YANGZHOU BABYJOY
ARTS & CRAFTS CO., LTD., YANGZHOU
CUTESHOOT
PLUSHIES
CO.,
LTD.,
YANGZHOU DULALA CRAFTS LTD.,
YANGZHOU KINGSTONE TOYS CO., LTD.,
YANGZHOU MARISA TOY GIFTS CO., LTD.,
YANGZHOU SCS HOMETEXTILE CO., LTD.,
YANGZHOU WEIHU HANDICRAFT CO.,
LTD., YANGZHOU WOSEN TOYS CO., LTD.,
YIWU CHUANYU IMPORT AND EXPORT
FIRM, YIWU DUOTONG E-COMMERCE CO.,
LTD.,
YIWU
FUGUAN
HOUSEHOLD
SUPPLIES CO., LTD., YIWU HAIPING BAG
FACTORY, YIWU QUANFA IMPORT &
EXPORT COMPANY LIMITED,
YIWU
VICTORY IMPORT & EXPORT CO., LTD.,
YIWU XINTU IMPORT AND EXPORT CO.,
LTD.,
YIWU
YINWEI
HOUSEHOLD
PRODUCTS CO., LTD., YIWU ZHENGZHI QIN
TRADING FIRM and ZHANJIANG DYNAMIC
POINT NETWORK TECHNOLOGY CO., LTD.,
Defendants

GLOSSARY
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Case 1:21-cv-08434-AJN Document 10 Filed 11/17/21 Page 3 of 16

Term
Plaintiff or Kelly Toys
Defendants

Alibaba

Definition
Kelly Toys Holdings, LLC
alialialiLL Store, baby -shopping Store, Bazinga Store,
BBOTTRUOYS Toy Store, boboniu Store, chenwanju
Store, Children Growing Tree Store, Chinese Plush
Toy Store, Dongguan Shengen Hardware Plastic Co.,
Ltd., Dongguan Woodfield Baby Products Company
Limited, Dongguan Xingke Gift Co., Ltd.,
Dropshipping-Toys Store, Fairylands Toy Store, FCOT
Store, Fourtry Store, Francis 001 Store, Fun Game Fun
Store, Guangdong Sansan Supply Chain Co., Ltd.,
Guangzhou Little Talent Toys Co., Ltd., Guangzhou
Yimai Trading Co., Ltd., Hangzhou Agreat Import &
Export Co., Ltd., Hebei Kuni Animation Industry Co.,
Ltd., Henan Yinghuozhiguang Culture Media Co., Ltd.,
Mikecrack Store, Monster Jellie Culture Co., Ltd.,
Moving Dreaming Store, Nanjing Ruifutong Arts And
Toys Manufacturing Co., Ltd., QWJA Store, Shanghai
Qianjiu Trading Co., Ltd., Shenzen Tongfei
International Trade Co., Ltd., Shenzhen Hechun
Technology Co., Ltd., Shenzhen Qinghong Toys Co.,
Ltd., Shop5477120 Store, Shop910893006 Store, SI
TING Store, SZ Gteak Technology Co., Limited, TC
XRC Store Store, TIKTOK IP Store, VL Store,
Xinxiang Puruige Import And Export Trading Co.,
Ltd., YaMong Store, Yangzhou Aixini International
Trade Import And Export Co., Ltd., Yangzhou Aorunju
Gifts Co., Ltd., Yangzhou Babyjoy Arts & Crafts Co.,
Ltd., Yangzhou Cuteshoot Plushies Co., Ltd.,
Yangzhou Dulala Crafts Ltd., Yangzhou Kingstone
Toys Co., Ltd., Yangzhou Marisa Toy Gifts Co., Ltd.,
Yangzhou SCS Hometextile Co., Ltd., Yangzhou
Weihu Handicraft Co., Ltd., Yangzhou Wosen Toys
Co., Ltd., Yiwu Chuanyu Import And Export Firm,
Yiwu Duotong E-Commerce Co., Ltd., Yiwu Fuguan
Household Supplies Co., Ltd., Yiwu Haiping Bag
Factory, Yiwu Quanfa Import & Export Company
Limited, Yiwu Victory Import & Export Co., Ltd.,
Yiwu Xintu Import And Export Co., Ltd., Yiwu Yinwei
Household Products Co., Ltd., Yiwu Zhengzhi Qin
Trading Firm and Zhanjiang Dynamic Point Network
Technology Co., Ltd.
Alibaba.com, an online marketplace platform that
allows manufacturers, wholesalers and other thirdparty merchants, like Defendants, to advertise, offer for
3

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AliExpress

Epstein Drangel
New York Address
Complaint
Application

Kelly Dec.
Futterman Dec.
Squishmallows
Application

Squishmallows
Registrations

Squishmallows Marks
Squishmallows Works
Squishmallows
Products

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
“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.
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Counterfeit Products

Infringing Listings
User Accounts

Merchant Storefronts

Defendants’ Assets
Defendants’ Financial
Accounts

Financial Institutions

Third Party Service
Providers

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
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
5

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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

6

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WHERAS, Plaintiff having moved ex parte on October 13, 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, on October 25, 2021, the Court entered an Order granting Plaintiff’s
Application (“TRO”) which ordered Defendants to appear on November 12, 2021 at 9:00 a.m. to
show cause why a preliminary injunction should not issue (“Show Cause Hearing”);
WHEREAS, on November 5, 2021, pursuant to the alternative methods of service
authorized by the TRO, Plaintiff served the Summons, Complaint, TRO and all papers filed in
support of the Application on each and every Defendant;
WHEREAS, on November 10, 2021, Plaintiff filed a letter requesting to hold the Show
Cause Hearing by telephone;
WHEREAS, on the same day, November 10, 2021, the Court entered an order granting
Plaintiff’s request and providing dial in information for the Show Cause Hearing (“November 10,
2021 Order”);
WHEREAS, on November 11, 2021, pursuant to the alternative methods of service
authorized by the TRO, Plaintiff served the November 10, 2021 Order on each and every
Defendant;
WHEREAS, on November 12, 2021 at 9:00 a.m., Plaintiff appeared at the Show Cause
Hearing, however, no Defendants appeared.

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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 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

8

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dealing in Counterfeit Products;
v. using any false designation of origin or false description, or engaging in any
action which is likely to cause confusion, cause mistake and/or to deceive
members of the trade and/or the public as to the affiliation, connection or
association of any product manufactured, imported, exported, advertised,
marketed, promoted, distributed, displayed, offered for sale or sold by
Defendants with Plaintiff, and/or as to the origin, sponsorship or approval of
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

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viii. knowingly instructing any other person or business entity in engaging in any of
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;

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ii. secreting, concealing, destroying, altering, selling off, transferring or otherwise
disposing of and/or dealing with any computer files, data, business records,
documents or any other records or evidence relating to the Defendants’ User
Accounts, Merchant Storefronts, Defendants’ Assets and the manufacture,
importation, exportation, advertising, marketing, promotion, distribution,
display, offering for sale and/or sale of Counterfeit Products; and
iii. knowingly instructing 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) above.
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

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and Eastern Districts of New York and Defendants who are served with this Order shall
provide written responses under oath to such interrogatories within fourteen (14) days
of service to Plaintiff’s counsel.
b) Plaintiff may serve requests for the production of documents pursuant to 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 withdrawals during the previous year from each and every
of Defendants’ Financial Accounts and any and all supporting documentation,
including, but not limited to, deposit slips, withdrawal slips, cancelled checks and

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account statements; and
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
the identity of the destination of the transferred funds, the identity of the
beneficiary’s bank and the beneficiary’s account number.

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;

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

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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 by Alibaba and/or AliExpress pursuant to Paragraph V(C) of the TRO or may
otherwise be determined; or
b)

delivery of a message to Defendants through the same means that Plaintiff’s agents
have previously communicated with Defendants, namely the system for
communications established by the Third Party Service Providers on their respective
platforms, 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

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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]
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

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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 $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition
of this case or until this Order is terminated.
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.
12
SIGNED this _____ day of ____________, 2021, at _______ __.m.
November
9:38
a
New York, New York
_________________________________
HON. ALISON J. NATHAN
UNITED STATES DISTRICT JUDGE

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