Moonbug Entertainment Limited et. al. v. 640350 Store, et al.

Filing 67

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: It is hereby ORDERED, ADJUDGED AND DECREED as follows: Judgment is granted in favor of Plaintiffs on all claims properly pled against Defaulting Defendants in the Complaint. IT IS FURTHE R ORDERED, ADJUDGED AND DECREED that because it would serve the compensatory and punitive purposes of the Lanham Act's prohibitions on trademark counterfeiting and infringement, and because Plaintiffs have sufficiently set forth the basis for t he statutory damages requested in their Motion for Default Judgment, the Court awards Plaintiffs Seventy Five Thousand U.S. Dollars ($75,000.00) ("Defaulting Defendants' Individual Damages Award") in statutory damages against eac h of the eighty-eight (88) Defaulting Defendants pursuant to 15 U.S.C. §1117(c) and/or 17 U.S.C. § 504(c) for a total of Six Million Six Hundred Thousand Dollars ($6,600,000.00) ("Defaulting Defendants' Collective Damages Awa rd"), plus post-judgment interest at the statutory rate set forth in 28 U.S.C. § 1961(a). IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendants, their respective officers, agents, servants, employees, and all persons acti ng in active 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: As further set forth in th is order. IT IS FURTHER ORDERED, as sufficient cause has been shown, the 30-day automatic stay on enforcing Plaintiffs' judgment, pursuant to Fed. R. Civ. Pro. 62(a) is hereby dissolved. Defaulting Defendants may, upon proper showing and tw o (2) business days written notice to the Court and Plaintiffs' counsel, appear and move for dissolution or modification of the provisions of this Order concerning the restriction or restraint of Defaulting Defendants' Frozen Assets and/or Defaulting Defendants' Financial Accounts; Any failure by Defaulting Defendants to comply with the terms of this Order shall be deemed contempt of Court, subjecting Defaulting Defendants to contempt remedies to be determined by the Court, incl uding fines and seizure of property; and 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. SO ORDERED. (Signed by Judge Analisa Torres on 2/6/2024) (ks) Transmission to Finance Unit (Cashiers) for processing.

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 Plaintiffs
Moonbug Entertainment Limited and
Treasure Studio Inc.

2/6/2024

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MOONBUG ENTERTAINMENT
TREASURE STUDIO INC.,

LIMITED

and

Plaintiffs
v.
640350 STORE, 9999 KINDS TOY BOUTIQUE
STORE, AISPMEE OFFICIAL STORE, ANIME
CHARACTER MODEL SHOP STORE, ANIME TOY
SERIES
STORE,
BABY'S
TOY
STORE,
BACKDROPBYNITREE STORE, BAGPICKY STORE,
BCAA STORE, BEETOY TOY STORE, BITE BITES
OFFICIAL STORE, BLACK KNIGHT STORE,
BLANKET 003 STORE, BOOM SPECIALTY STORE,
BRILLIANT DECORATIVE FAVORS STORE,
BRILLIANT FUN PARTY STORE, CAREHER GIFTS
STORE, CHILDREN'S FUNNY STORE, CHILD'S
CLOAKROOM STORE, CJS TOY STORE, CRUSH
BACKDROPS STORE, DA KUAN PARTY STORE,
DAFI R STORE, DAMAITONG STORE, DECCER
STORE, DISNEY ANIME THEME STORE, DIYMATERIAL STORE, DROPSHIP PLUSH TOY STORE,
DUWES OFFICIAL STORE, FANYI TOY STORE,
FLAMUR HOMEDECOR OFFICIAL STORE, FUNNY

No. 22 Civ. 5042 (AT)

FINAL DEFAULT
JUDGMENT AND
PERMANENT INJUNCTION
ORDER

TOY8 STORE, FUNNY TOY9 STORE, GOOD
LUCKLY
YOU
STORE,
HAPPYNESS
WONDERLAND, HAPPYSMILESHEN STORE, HFEZ
STORE, HOLIDAY PARTIES STORE, HTMODEL
STORE, HYPI TOY STORE 12 STORE, INNITREE
STORE, KLDS STORE, KO KO BOWS STORE, L
PARTY STORE, LEBEL STORE, LET'S PARTY
TOGETHER STORE, LITCHI BACKDROP STORE,
LITTLE NAUGHTY CHILDREN'S SHOP STORE,
LOVE PARTY STORE, LYB TOY STORE, MILULU88
STORE, MOMN STORE, MS PARTY STORE, NAUGHTY BABY STORE, NEOBACK BACKDROP
STORE, NO.3478 FESTIVE AND GIFT STORE,
OLYFACTORY STORE, PARTY SUPPLIESG STORE,
PDD PARTY SUPPLIES STORE, PHOTURT
PROFESSIONAL
BACKDROP
STORE,
PLAYPLAYPLAY STORE, POKEMOON PARTY
STORE, PRETTY RIBBON&CRAFTS INC., ROBLOX
STORE, SH CHILD CLOTHES STORE, SHOP3195061
STORE, SHOP4878036 STORE, SHOP5429117
STORE, SHOP5440075 STORE, SHOP834240 STORE,
SHOP910455180 STORE, SHOP911035215 STORE,
SHOP911389045 STORE, SHOP911545108 STORE,
SHOP911553397 STORE, SMILEWILL 01 STORE,
SPRINGHIT STORE, SR TOY STORE, STARTING
POINT TOY STORE, SUMAIDA004 STORE,
SURPRISE
PARTY
STORE,
THE
TWO
DIMENSIONAL ASSOCIATION TOY STORE, TOY
FUNNY WORLD STORE, VODOF OFFICIAL STORE,
WIN-WIN TOY STORE, YI XIAXIA STORE, YI YUE
PARTY STORE, YISI PARTY BALLOONS DECORS
STORE, YUENIOR TOYS STORE, YY TOY STORE,
ZHAN BAO ER STORE, ZIROU STORE, ZQ HOUSE
STORE, ZR PARTY BOUTIQUE STORE, ZY HOUSE
STORE and ZYZYKK OFFICIAL STORE,
Defendants

GLOSSARY
Term

Definition

Plaintiffs

Moonbug Entertainment Limited (“Moonbug”) and
Treasure Studio Inc. (“Treasure”)

Defendants

640350 Store, 9999 Kinds Toy Boutique Store,
Aispmee Official Store, Anime character model shop
Store, Anime toy series Store, Baby's Toy Store,
BackdropByNitree Store, bagpicky Store, BCAA Store,
BEETOY Toy Store, bite bites Official Store, Black
Knight Store, Blanket 003 Store, Boom Specialty Store,
Brilliant Decorative Favors Store, Brilliant Fun Party
Store, Careher Gifts Store, Children's Funny Store,
Child's cloakroom Store, CJS Toy Store, CRUSH
backdrops Store, Da Kuan Party Store, DAFI R Store,
DAMAITONG Store, DECCER Store, Disney Anime
Theme Store, DiY-Material Store, Dropship Plush Toy
Store, DUWES Official Store, FanYi Toy Store, Flamur
HomeDecor Official Store, Funny Toy8 Store, Funny
Toy9 Store, good luckly you Store, Happyness
Wonderland, happysmileshen Store, HFEZ Store,
Holiday parties Store, HTMODEL Store, Hypi Toy
Store 12 Store, INNITREE Store, KLDS Store, Ko Ko
Bows Store, L party Store, Lebel Store, Let's party
together Store, LITCHI backdrop Store, Little naughty
children's shop Store, Love Party Store, LYB Toy Store,
MILULU88 Store, MOMN Store, MS party Store, Naughty baby Store, NeoBack Backdrop Store,
No.3478 Festive And Gift Store, Olyfactory Store, Party
suppliesG Store, PDD Party supplies Store, Photurt
Professional Backdrop Store, PlayPlayPlay Store,
Pokemoon Party Store, Pretty Ribbon&Crafts Inc.,
Roblox Store, SH Child Clothes Store, Shop3195061
Store, Shop4878036 Store, Shop5429117 Store,
Shop5440075
Store,
Shop834240
Store,
Shop910455180 Store, Shop911035215 Store,
Shop911389045 Store, Shop911545108 Store,
Shop911553397 Store, smilewill 01 Store, SpringHit
Store, SR Toy Store, starting point toy Store,
sumaida004 Store, Surprise Party Store, The Two
Dimensional Association toy Store, Toy Funny World
Store, VODOF Official Store, Win-Win Toy Store, Yi
Xiaxia Store, Yi Yue party Store, YISI Party Balloons
Decors Store, Yuenior Toys Store, YY Toy Store,

Docket Entry
Number
N/A
N/A

Defaulting
Defendants

AliExpress

ZHAN BAO ER Store, Zirou Store, ZQ House Store,
ZR Party Boutique Store, ZY House Store and
ZYZYKK Official Store
640350 Store, 9999 Kinds Toy Boutique Store,
Aispmee Official Store, Anime character model shop
Store, Anime toy series Store, Baby's Toy Store,
bagpicky Store, BCAA Store, bite bites Official Store,
Black Knight Store, Blanket 003 Store, Boom Specialty
Store, Brilliant Decorative Favors Store, Brilliant Fun
Party Store, Careher Gifts Store, Children's Funny
Store, CJS Toy Store, CRUSH backdrops Store, Da
Kuan Party Store, DAFI R Store, DAMAITONG Store,
Disney Anime Theme Store, DiY-Material Store,
Dropship Plush Toy Store, DUWES Official Store,
FanYi Toy Store, Flamur HomeDecor Official Store,
Funny Toy8 Store, Funny Toy9 Store, good luckly you
Store, Happyness Wonderland, HFEZ Store,
HTMODEL Store, Hypi Toy Store 12 Store,
INNITREE Store, KLDS Store, Ko Ko Bows Store, L
party Store, Lebel Store, Let's party together Store,
LITCHI backdrop Store, Little naughty children's shop
Store, LYB Toy Store, MILULU88 Store, MOMN
Store, MS party Store, -Naughty baby Store, NeoBack
Backdrop Store, No.3478 Festive And Gift Store,
Olyfactory Store, Party suppliesG Store, PDD Party
supplies Store, Photurt Professional Backdrop Store,
PlayPlayPlay Store, Pokemoon Party Store, Pretty
Ribbon&Crafts Inc., Roblox Store, SH Child Clothes
Store, Shop3195061 Store, Shop4878036 Store,
Shop5429117 Store, Shop5440075 Store, Shop834240
Store, Shop910455180 Store, Shop911389045 Store,
Shop911545108 Store, Shop911553397 Store,
smilewill 01 Store, SpringHit Store, SR Toy Store,
starting point toy Store, sumaida004 Store, Surprise
Party Store, The Two Dimensional Association toy
Store, Toy Funny World Store, VODOF Official Store,
Win-Win Toy Store, Yi Xiaxia Store, Yi Yue party
Store, YISI Party Balloons Decors Store, Yuenior Toys
Store, YY Toy Store, ZHAN BAO ER Store, Zirou
Store, ZQ House Store, ZR Party Boutique Store, ZY
House Store and ZYZYKK Official 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
ii

N/A

N/A

Sealing Order
Complaint
Application

Miller Dec.
Nastasi Dec.
TRO

User Account(s)

Merchant
Storefronts

CoComelon
Content
CoComelon
Applications

across the world and specifically to consumers residing
in the U.S., including New York
Order to Seal File entered on June 15, 2022
Plaintiffs’ Complaint filed on June 16, 2022
Plaintiffs’ 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 16,
2022
Declaration of Robert Miller in Support of Plaintiffs’
Application
Declaration of Gabriela N. Nastasi in Support of
Plaintiffs’ 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
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, 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
A popular streaming media show and YouTube channel
featuring 3D animation videos of both traditional
nursery rhymes and original children’s songs
U.S. Trademark Serial Application Nos.: 88/681,262 for
“COCOMELON” for goods in Class 28; 88/681,248 for
iii

Dkt. 1
Dkt. 9
Dkts. 14-15

N/A
Dkt. 15
Dkt. 16

N/A

N/A

N/A
N/A

“COCOMELON” for goods in Class 9; 88/681,253 for
“COCOMELON” for goods in Class 25; 88/945,840 for

“

for “

” for goods in Class 3; 88/681,276

” for goods in Class 25;

88/681,270 for “

CoComelon
Registrations

” for goods in Class

9; and 88/681,280 for “
” for goods in
Class 28
U.S. Trademark Registration Nos.: 6,375,368 for
“COCOMELON” for goods in Class 16; 5,830,142 for
“COCOMELON” for goods in Classes 9 and 41;
6,421,553 for “COCOMELON” for goods in Class 28;
6,521,784 for “COCOMELON” for goods in Class 25;

5,918,526 for “

” for goods in Classes 9

iv

N/A

CoComelon
Marks
CoComelon
Works

CoComelon
Products
Counterfeit
Products

Defendants’
Assets
Defendants’
Financial
Accounts
Financial
Institutions

and 41; and 6,563,758 for “
” for
goods in Class 25
The marks covered by the CoComelon Registrations
and CoComelon Applications

N/A

U.S. Copyright Registration Nos.: VAu 1-379-978
covering JJ; VAu 1-322-038 covering Unpublished
Family Characters 2017; VAu 1-319-613 covering
Animal Characters 2017 and VAu 1-374-077 covering
CoComelon Logo
A variety of consumer products including toys, apparel,
backpacks and other gear

N/A

Products bearing or used in connection with the
CoComelon Marks and/or CoComelon Works, and/or
products in packaging and/or containing labels and/or
hang tags bearing the CoComelon Marks and/or
CoComelon Works, and/or bearing or used in
connection with marks and/or artwork that are
confusingly or substantially similar to the CoComelon
Marks and/or CoComelon Works and/or products that
are identical or confusingly or substantially similar to
the CoComelon 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

N/A

v

N/A

N/A
N/A

N/A

Third Party
Service
Providers

Defendants’
Frozen
Accounts
Plaintiffs’
Motion for
Default
Judgment
Nastasi Aff.
Miller Aff.

Online marketplace platforms, including, without
limitation, those owned and operated, directly or
indirectly by Alibaba, 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’ 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
Plaintiffs’ Motion for Default Judgment and a
Permanent Injunction Against Defaulting Defendants
filed on May 26, 2023
Affidavit by Gabriela N. Nastasi in Support of
Plaintiffs’ Motion for Default Judgment
Affidavit by Robert Miller in Support of Plaintiffs’
Motion for Default Judgment

vi

N/A

N/A

Dkts. 43-47

Dkt. 44
Dkt. 45

This matter comes before the Court by motion filed by Plaintiffs for the entry of final
judgment and permanent injunction by default against Defendants for Defendants’ trademark
infringement, trademark counterfeiting and copyright infringement, false designation of origin,
passing off and unfair competition and related state and common law claims arising out of
Defendants’ unauthorized use of Plaintiffs’ CoCoMelon Marks and/or CoCoMelon Works
including, 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 Affidavits of Gabriela N.
Nastasi and Robert Miller in support of Plaintiffs’ Motion for Default Judgment and a Permanent
Injunction Against Defendants, 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.

Defaulting Defendants’ Liability

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

Damages Awards

2) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve the
compensatory and punitive purposes of the Lanham Act’s prohibitions on trademark
counterfeiting and infringement, and because Plaintiffs have sufficiently set forth the basis for
the statutory damages requested in their Motion for Default Judgment, the Court awards
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

Plaintiffs Seventy Five Thousand U.S. Dollars ($75,000.00) (“Defaulting Defendants’
Individual Damages Award”) in statutory damages against each of the eighty-eight (88)
Defaulting Defendants pursuant to 15 U.S.C. §1117(c) and/or 17 U.S.C. § 504(c) for a total of
Six Million Six Hundred Thousand Dollars ($6,600,000.00) (“Defaulting Defendants’
Collective Damages Award”), plus post-judgment interest at the statutory rate set forth in 28
U.S.C. § 1961(a).
III.

Permanent Injunction

1) IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendants,
their respective officers, agents, servants, employees, and all persons acting in active 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 CoCoMelon Marks and/or CoCoMelon Works and/or
marks and/or artwork that are confusingly or substantially similar to, identical to and
constitute a counterfeiting and/or infringement of the CoCoMelon Marks and/or
CoCoMelon Works;
B. directly or indirectly infringing in any manner Plaintiffs’ CoCoMelon Marks and/or
CoCoMelon Works;
C. using any reproduction, counterfeit, copy or colorable imitation of Plaintiffs’
CoCoMelon Marks and/or CoCoMelon Works to identify any goods or services not
authorized by Plaintiffs;

2

D. using Plaintiffs’ CoCoMelon Marks and/or CoCoMelon Works, or any other marks
and/or artwork that are confusingly or substantially similar to the CoCoMelon Marks
and/or CoCoMelon Works on or in connection with 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
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;
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 the
manufacture, importation, exportation, advertising, marketing, promotion, distribution,
display, offering for sale and/or sale of Counterfeit Products by Defaulting Defendants and
by their respective officers, employees, agents, servants and all persons in active concert
and 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,

3

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 Plaintiffs 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 Plaintiffs’
trademarks, copyrights or other rights including, without limitation, the CoCoMelon Marks
and/or CoCoMelon Works, or bear any marks and/or artwork that are confusingly or
substantially similar to the CoCoMelon Marks and/or CoCoMelon Works pursuant to 15
U.S.C. § 1118;
3) IT IS FURTHER ORDERED ADJUDGED AND DECREED that the Defendants and all
persons in active concert and participation with them who receive actual notice of this Order,
including Third Party Service Providers and Financial Institutions who satisfy those
requirements and are identified in this order are permanently enjoined and restrained from:
i. secreting, concealing, destroying, altering, selling off, transferring or otherwise
disposing of and/or dealing with any computer files, data, business records, documents
or other records or evidence relating to Defendants’ Frozen Assets and Defendants’
Financial Accounts;
ii. 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 Defendants and all
persons in active concert and participation with them who receive actual notice of this Order,

4

including Third Party Service Providers and Financial Institutions who satisfy those
requirements and are identified in this order are permanently enjoined and restrained from:
i. operation of Defendants’ Merchant Storefronts that have offered for sale and/or sold
Counterfeit Products, including, without limitation, continued operation of Defendants’
Merchant Storefronts that have offered for sale and/or sold Counterfeit Products in
violation of this Order; and
ii. instructing, aiding or abetting Defendants and/or any person or business entity to
engage in any of the activities referred to in subparagraphs III(1)(A) through III(3)(A)
above, including, without limitation, by providing services necessary for Defendants to
continue operating Defendants’ Merchant Storefronts that have offered for sale and/or
sold Counterfeit Products in violation of this Order.
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 Plaintiffs’ 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 Plaintiffs’ counsel, appear and move for dissolution or modification of the
provisions of this Order concerning the restriction or restraint of Defaulting Defendants’
Frozen Assets and/or Defaulting Defendants’ Financial Accounts;
2) Any failure by Defaulting Defendants to comply with the terms of this Order shall be deemed
contempt of Court, subjecting Defaulting Defendants to contempt remedies to be determined
by the Court, including fines and seizure of property; and

5

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.

SO ORDERED.
February
6th day of ____________,
SIGNED this _____
2024.

_________________________________
HON. ANALISA TORRES
UNITED STATES DISTRICT JUDGE

6