Off-White LLC. v. Annazoa-com et al

Filing 60

ORDER DIRECTING THE TURNOVER OF DEFAULTING DEFENDANTS' ASSETS FROM AMAZON granting 55 MOTION For Turnover Order. Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED as follows: 1) The restraints on Defaulting Defendants Financial Accou nts held by Amazon are lifted for the sole purpose of effecting the transfer of all Defaulting Defendants' Assets to Plaintiff; and 2) Amazon shall turn over all of Defaulting Defendants' Assets held in Defaulting Defendants' User A ccounts with Amazon, or so much of it as is sufficient to satisfy the judgment to Plaintiff. The Clerk of Court is respectfully directed to terminate Dkt. No. 55. SO ORDERED.. (Signed by Judge Margaret M. Garnett on 9/25/2024) (jca) 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 Plaintiff
Off-White LLC

9/25/2024

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

OFF-WHITE LLC,
CIVIL CASE NO.
23-cv-6761 (MMG)
Plaintiff
v.
ANNAZOA-COM, BORNYSTAR US, FEINASU,
FSZMAN,
FYERU.,
GUANDUQUJIAREBAIHUODIAN,
HABAHOUSHIPIN, HONGMIN, HUA LI WU
JIN, MECKAI, TANGAI US, TISSUK-JJ,
XIAMENHEXUNJINMAOYIYOUXIANGONGSI
,
XIAMENLONGYANRANMAOYI,
XIANGXIANSHANGMAO,
YANGZIJITUAN3621856, YIO-US, YUNRUI and
YXIAOJIE-US,

Defendants

ORDER DIRECTING THE
TURNOVER OF DEFAULTING
DEFENDANTS’ ASSETS FROM
AMAZON

PI Show Cause
Hearing
PI Order
Off-White Products

Off-White Marks

August 17, 2023, hearing to show cause why a preliminary
injunction should not issue
The Preliminary Injunction Order entered on September 7,
2023
A young, successful luxury fashion label founded by the
late American creative designer Virgil Abloh, specializing
in men's and women's lifestyle and high-end streetwear, as
well as shoes, accessories, jewelry, homeware and other
ready-made goods
U.S. Trademark Registration Nos.: 5,119,602 for “OFF
WHITE” for a variety of goods in Class 25 with a
constructive date of first use of January 25, 2012; 5,713,397
for “OFF-WHITE” for a variety of goods in Class 25;
5,710,328 for “OFF-WHITE C/O VIRGIL ABLOH” for a
variety of goods in Class 9; 5,572,836 for “OFF-WHITE
C/O VIRGIL ABLOH” for a variety of goods in Class 25;
5,710,287 for “OFF-WHITE C/O VIRGIL ABLOH” for a
variety of goods in Class 14; 5,150,712 for

for a

variety of goods in Class 18 and 25; 5,710,288 for

for a variety of goods in Class 14; 5,307,806 for
for a
variety of goods in Class 18 and 25; 6,303,583 for
for a variety of goods in Class 25; 5,835,552
for

for a variety of goods in Class 9; 5,387,983 for
for a variety of goods in Class 25; 5,445,222 for
for a variety of goods in Class 25; 5,800,414 for

for a variety of goods in Class 9 and 25; 5,681,805

for

for a variety of goods in Class 9; 5,663,133 for
for a variety of goods in Class 25; 6,054,044 for
2

N/A
16
N/A

N/A

for a variety of goods in Class 25; 6,272,565 for
for a variety of goods in Class 25; 6,290,768 for
for a variety of goods in Class 25; 6,114,562
for

for a variety of goods in Class 25;
6,131,346 for

for a variety of goods

in Class 18; 6,035,585 for

for a variety of goods in

Class 25; 6,137,880 for

for a

variety of goods in Class 25; 6,505,708 for

for a

variety of goods in Class 14; 6,002,434 for
for a variety of goods in Class 25; 6,126,306 for

for a variety of goods in Class 25; and

Counterfeit
Products

Infringing Listings
User Accounts

6,681,777 for
for a variety of goods in Class 25
Products bearing or used in connection with the Off-White
Marks, and/or products in packaging and/or containing
labels bearing the Off-White Marks, and/or bearing or used
in connection with marks that are confusingly similar to the
Off-White Marks and/or products that are identical or
confusingly similar to the Off-White Products
Defendants’ listings for Counterfeit Products
Any and all websites and any and all accounts with online
marketplace platforms such as Amazon, 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
3

N/A

N/A
N/A

Merchant
Storefronts

Defendants’ Assets
Defendants’
Financial Accounts

Financial
Institutions
Third Party Service
Providers

Plaintiff’s Motion
for Default
Judgment
Nastasi Aff.
Final DJ Order

Motion for a
Turnover Order
Nastasi Turnover
Dec.

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)
Amazon.com, Inc., Amazon Payments, Inc. (“Amazon
Pay”), PayPal Inc. (“PayPal”), Payoneer Inc. (“Payoneer”)
and PingPong Global Solutions, Inc. (“PingPong”)
Online marketplace platforms, including, without
limitation, those owned and operated, directly or indirectly
by Amazon, 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
Plaintiff’s Motion for Default Judgment and a Permanent
Injunction Against Defaulting Defendants filed on April 5,
2024, and August 14, 2024
Affidavits by Gabriela N. Nastasi in Support of Plaintiff’s
Motions for Default Judgment
The Final Default Judgment Orders entered against
Defaulting Defendants by the Court on April 30, 2024, and
September 17, 2024
Plaintiff’s Motion for an Order Directing the Turnover of
Funds from Third Party Service Provider Amazon
Declaration of Gabriela N. Nastasi in Support of Plaintiff’s
Motion for a Turnover Over

4

N/A

N/A

N/A

N/A

N/A

31-34, 47-50

32, 48
37; 54

TBD
TBD

This matter comes before the Court by motion filed by Plaintiff for an Order directing the
turnover of Defaulting Defendants’ Assets held by Amazon, to be applied on account of the
judgments in the amount of $75,000.00 against each and every Defaulting Defendant entered on
April 30, 2024, and September 17, 2024, pursuant to N.Y. C.P.L.R. § 5225, made applicable under
Fed. R. Civ. P. Rule 69(a).
The Court, having considered the Memorandum of Law, Declaration of Gabriela N. Nastasi
and all accompanying exhibits thereto, the Court hereby GRANTS the Motion for a Turnover
Order.
Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1) The restraints on Defaulting Defendants’ Financial Accounts held by Amazon are lifted for the
sole purpose of effecting the transfer of all Defaulting Defendants’ Assets to Plaintiff; and
2) Amazon shall turn over all of Defaulting Defendants’ Assets held in Defaulting Defendants’
User Accounts with Amazon, or so much of it as is sufficient to satisfy the judgment to
Plaintiff.
The Clerk of Court is respectfully directed to terminate Dkt. No. 55.

SO ORDERED.
September
24th day of ____________,
SIGNED this _____
2024

_________________________________
HON. MARGARET M. GARNETT
UNITED STATES DISTRICT JUDGE

5