ABC v. DEF

Filing 6

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 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: manufacturing, importing, e xporting, 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 and/or substantially similar to, identical to and constitute a counterfeiting or infringement of the CoComelon Marks and/or CoComelon Works. The $5,000.00 bond posted by Plaintiffs shall remain with the Court until a fina l disposition of this case or until this Order is terminated. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiffs or on shorter notice as set by the Court. (And as further set forth herein.) SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/15/2023) (jca) Transmission to Finance Unit (Cashiers) for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MOONBUG ENTERTAINMENT LIMITED and
TREASURE STUDIO INC.,
Plaintiffs,
-v.ARKJOORY, BEGIOL TTC, COMELO,
DALULU, EANTBX,
ENSHISHIYINLUSHANGMAOYOUXIANGON
GSI, FLORLIFE, GOZUAZ, GSHUAI,
GUIZHOULUOYUSHANGMAOYOUXIANGON
GSI, LAIXIAOFANG, MAGICEB, QUALITY IS
GREATER THAN LIFE,
QUJINGYONGZHENGDIANZISHANGWUYO
UXIANGONGSI, RED AXIS, SAKURO,
SANYASHIBIANXUAN, SHENNANYI,
SHIYANJUNQISHANGMAOYOUXIANGONGS
I, SONKKA, TENSHON, INC., TONGYANGUI,
U HAUL CO OF ALABAMA INC, UK-POP,
WANGRENBO, YANGYIJIANG8689, 剑维贸易
有限公司 a/k/a JIANWEI TRADING CO.,
LTD., and 嘉健商行中心 a/k/a JIAJIAN
COMMERCIAL CENTER,
Defendants.

23-cv-9232 (KPF)
PRELIMINARY
INJUNCTION ORDER

GLOSSARY
Term
Plaintiffs
Defendants

Amazon

Epstein
Drangel
New
York
Address
Complaint
Application

Definition
Moonbug Entertainment Limited (“Moonbug”)
and Treasure Studio Inc. (“Treasure”)
ARKJOORY, BeGiol TTC, comelo, Dalulu,
EANTBX,
enshishiyinlushangmaoyouxiangongsi,
Florlife,
Gozuaz,
GSHUAI,
guizhouluoyushangmaoyouxiangongsi,
laixiaofang, MagicEB, Quality is greater than
life,
qujingyongzhengdianzishangwuyouxiangongsi,
Red
Axis,
SAKURO,
sanyashibianxuan,
shennanyi,
shiyanjunqishangmaoyouxiangongsi,
SONKKA, Tenshon, Inc., tongyangui, U HAUL
CO OF ALABAMA INC, UK-POP, wangrenbo,
yangyijiang8689,
剑维贸易有限公司
a/k/a
Jianwei Trading Co., Ltd. and 嘉健商行中心
a/k/a Jiajian Commercial Center
Amazon.com, a Seattle, Washington-based,
online marketplace and e-commerce platform
owned by Amazon.com, Inc., a Delaware
corporation, that allows manufacturers and
other third-party merchants, like Defendants,
to advertise, distribute, offer for sale, sell and
ship their retail products, which, upon
information and belief, primarily originate from
China, directly to consumers worldwide and
specifically to consumers residing in the U.S.,
including New York
Epstein Drangel LLP, counsel for Plaintiffs
224 Madison Ave, Suite 411, New York, NY
10016
Plaintiffs’ Complaint
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
ii

Miller Dec.
Nastasi Dec.
CoComelon
Content
CoComelon
Applications

service; and 5) an order authorizing expedited
discovery
Declaration of Robert Miller in Support of
Plaintiffs’ Application
Declaration of Gabriela N. Nastasi in Support
of Plaintiffs’ Application
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.
97/429,187 for “COCOMELON” for goods and
services in Classes 3, 5, 8, 10, 11, 12, 14, 15,
18, 20, 21, 24, 26, 27, 29, 30, 32, 35, 42 and

43 and 97/429,153 for “
” for
goods and services in Classes 3, 5, 8, 9, 10, 11,
12, 14, 15, 18, 20, 21, 24, 25, 26, 27, 28, 29,
30, 32, 35, 42 and 43
CoComelon
U.S. Trademark Registration Nos. 6,375,368 for
Registrations “COCOMELON” for goods in Class 16; 5,830,142
for “COCOMELON” for goods in Classes 9 and
41; 7,026,201 for “COCOMELON” for goods in
Class 9; 6,873,252 for “COCOMELON” for
goods in Class 9; 6,421,553 for “COCOMELON”
for goods in Class 28; 6,521,784 for
“COCOMELON” for goods in Class 25; 7,108,181
for “COCOMELON” for goods in Class 25;
7,108,182 for “COCOMELON” for goods in

Class 28; 5,918,526 for “
” for
goods in Classes 9 and 41; 6,399,106 for “

iii

Classes

16

” for goods and services in
and 41; 6,895,835 for “

”

for

goods

6,895,863 for “

in

Class

” for goods in

Class 9; 6,563,758 for “
goods in Class 25; 6,895,688

”

6,931,433 for “

iv

3;

for

goods

in

” for
for “

Class

25;

” for goods in

CoComelon
Marks
CoComelon
Works

CoComelon
Products
Counterfeit
Products

Infringing
Listings
User
Accounts

Merchant
Storefronts

Class 28; and 7,026,202 for “
”
for goods in Class 9
The marks covered by the CoComelon
Registrations and CoComelon Applications
U.S. Copyright Registration Nos.: VAu 1-379978 covering JJ; VAu 1-322-038 covering
Unpublished Family Characters 2017; VAu 1319-613 covering Animal Characters 2017 and
VAu 1-374-077 covering CoComelon Logo
A variety of consumer products including toys,
apparel, backpacks and other gear
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
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
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,
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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
Defendants’
Any and all money, securities or other property
Assets
or assets of Defendants (whether said assets
are located in the U.S. or abroad)
Defendants’
Any and all financial accounts associated with
Financial
or utilized by any Defendants or any
Accounts
Defendants’ User Accounts or Merchant
Storefront(s) (whether said accounts are
located in the U.S. or abroad)
Financial
Amazon.com, Inc., Amazon Payments, Inc.
Institutions
(“Amazon Pay”), PayPal Inc. (“PayPal”),
Payoneer Inc. (“Payoneer”) and PingPong Global
Solutions, Inc. (“PingPong”)
Third Party Online marketplace platforms, including,
Service
without limitation, those owned and operated,
Providers
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

vi

KATHERINE POLK FAILLA, District Judge:
WHERAS, Plaintiffs having moved ex parte on October 20, 2023, against
Defendants for the following: (i) a temporary restraining order; (ii) an order
restraining Merchant Storefronts and Defendants’ Assets with the Financial
Institutions; (iii) an order to show cause why a preliminary injunction should
not issue; (iv) an order authorizing bifurcated and alternative service; and
(v) an order authorizing expedited discovery;
WHEREAS, the Court entered an Order granting Plaintiffs’ Application on
October 20, 2023 (“TRO”) which ordered Defendants to appear on November 2,
2023, at 10:00 a.m. to show cause why a preliminary injunction should not
issue (“Show Cause Hearing”);
WHEREAS, on October 26, 2023, pursuant to the alternative methods of
service authorized by the TRO, Plaintiffs served the Summons, Complaint, TRO
and all papers filed in support of the Application on each and every Defendant;
WHEREAS, on November 1, 2023, the Court entered an order adjourning
the Show Cause Hearing to November 14, 2023, at 4:00 p.m. (“November 1,
2023 Order”);
WHEREAS, on the same day, November 1, 2023, pursuant to the
alternative methods of service authorized by the TRO, Plaintiffs served a copy of
the November 1, 2023 Order on each and every Defendant;
WHEREAS, on November 1, 2023, Plaintiffs filed a letter requesting that
the TRO be extended through the new date of the Show Cause Hearing;

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WHEREAS, on November 2, 2023, the Court granted Plaintiffs’ request
for the TRO extension (“November 2, 2023 Order”);
WHEREAS, on November 3, 2023, pursuant to the alternative methods of
service authorized by the TRO, Plaintiffs served a copy of the November 2, 2023
Order on each and every Defendant;
WHEREAS, on November 14, 2023, at 4:00 p.m., Plaintiffs appeared at
the Show Cause Hearing, however, none of the Defendants appeared.
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 CoComelon Marks and/or CoComelon
Works and/or marks and/or artwork that are confusingly
and/or substantially similar to, identical to and constitute a

2

counterfeiting or infringement of the CoComelon Marks and/or
CoComelon Works;
ii. operation of Defendants’ User Accounts and Defendants’
Merchant Storefronts, including, without limitation, continued
operation of Defendants’ User Accounts and Merchant
Storefronts in violation of this Order;
iii. directly or indirectly infringing in any manner Plaintiffs’
CoComelon Marks and CoComelon Works;
iv. using any reproduction, counterfeit, copy or colorable imitation
of Plaintiffs’ CoComelon Marks and CoComelon Works, to
identify any goods or services not authorized by Plaintiffs;
v. using Plaintiffs’ CoComelon Marks and/or CoComelon Works
and/or any other marks that are confusingly similar to the
CoComelon Marks and/or any other artwork that is
substantially similar to the CoComelon 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;
vi. 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
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product manufactured, imported, exported, advertised,
marketed, promoted, distributed, displayed, offered for sale or
sold by Defendants with Plaintiffs, 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 Plaintiffs;
vii. 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;
viii. 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

4

ix. knowingly instructing any other person or business entity in
engaging in any of the activities referred to in subparagraphs
1(a)(i) through 1(a)(viii) above, 1(b)(i) through 1(b)(ii) through
1(c)(i) below.
b) Accordingly, Defendants and all persons in active concert and
participation with them who receive actual notice of this Order,
including the Third Party Service Providers and Financial Institutions
who satisfy those requirements, 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 1(a)(i)

5

through 1(a)(viii), 1(b)(i) through 1(b)(ii) above through 1(c)(i)
below.
c) Accordingly, Defendants and all persons in active concert and
participation with them who receive actual notice of this Order,
including the Third Party Service Providers who satisfy those
requirements, are 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 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 1(a)(i) through 1(a)(viii), 1(b)(i) through 1(b)(ii)
above through 1(c)(i) above, including, without limitation, by
providing services necessary for Defendants to continue
operating Defendants’ User Accounts and Merchant Storefronts
in violation of this Order.

6

2. As sufficient cause has been shown, the asset restraint granted in the
TRO shall remain in place through the pendency of this litigation,
including that:
a)

within five (5) 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 Plaintiffs’
counsel and provide Plaintiffs’ 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
litigation, including that:
a) Plaintiffs 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 provide written
responses under oath to such interrogatories within fourteen (14)
days of service to Plaintiffs’ counsel.
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b) Plaintiffs may serve requests for the production of documents
pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure
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 Plaintiffs’
counsel.
c) Within fourteen (14) days after receiving notice of this Order, all
Financial Institutions who receive service of this Order shall provide
Plaintiffs’ counsel with all documents and records in their possession,
custody or control, 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, Defendants’
User Accounts and Defendants’ Merchant Storefronts,
including, but not limited to, 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;
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v. any and all deposits and withdrawal during the previous year
from each and every one of Defendants’ Financial Accounts and
any and all supporting documentation, including, but not
limited to, deposit slips, withdrawal slips, cancelled checks and
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 Plaintiffs’ counsel all
documents and records in its possession, custody or control 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 that were not previously provided
pursuant to Paragraph V(C) of the TRO;

9

ii. the identities, location and contact information, including any
and all e-mail addresses of Defendants that were not previously
provided pursuant to Paragraph V(C) of the TRO;
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
iv. Defendants’ manufacturing, importing, exporting, advertising,
marketing, promoting, distributing, displaying, offering for sale
and/or selling of counterfeit Products, or any other products
bearing the CoComelon Marks and/or CoComelon Works
and/or artwork that are confusingly and/or substantially
similar to, identical to and constitute an infringement of the
CoComelon Marks and/or CoComelon 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:

10

a) delivery of: (i) a PDF copy of this Order, and (ii) a link to a secure
website (including NutStore, a large mail link created through
Rmail.com or via website publication through a specific page
dedicated to this Lawsuit accessible through ipcounselorslawsuit.com)
where each Defendant will be able to download a PDF copy of this
Order, to Defendants’ e-mail addresses as identified by Amazon
pursuant to Paragraph V(C) of the TRO or may otherwise be
determined.
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 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 true and correct copy of this Order via Federal
Express to Amazon.com, Inc. at Corporation Service Company 300
Deschutes Way SW, Suite 304, Turnwater, WA 98501, (ii) a PDF
Copy of this Order and (iii) a link to a secure website where
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Amazon.com, Inc. and Amazon Pay will be able to download a PDF
copy of this Order via electronic mail to [e-mail];
c) 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 [e-mail]
and Holly Clancy and Melissa Godwin, counsel for Payoneer Inc., at
[e-mail] and [e-mail],
respectively; and
d) 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 [e-mail].
7. Defendants are hereby given notice that they may be deemed to have
actual notice of the terms of this Order. Any act in violation of this Order
by Defendants or any one of them, or by any persons in active concert or
participation with Defendants who have actual notice of this Order, may
be considered and prosecuted as in contempt of this Court.
8. The $5,000.00 bond posted by Plaintiffs 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.

12

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 Plaintiffs or on
shorter notice as set by the Court.
SO ORDERED.
Dated:

November 15, 2023
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge

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