King Spider LLC. v. Foshanshibingjiehaoyi et al

Filing 27

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 AL TERNATIVE SERVICE; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY: Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED as follows: IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions in the United States as further set forth in this Order. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of Twenty-Five Thousand Dollars ($25,000) with the Court which amount is determined adequate for the payment of any damages any person may be entitled to recover as a result of an improper or wrongful restraint ordered hereunder. IT IS FURTHE R ORDERED that Plaintiff's Complaint and exhibits attached thereto, and Plaintiff's ex parte Application and the Declarations of CB Rucker and Gabriela N. Nastasi in support thereof and exhibits attached thereto, and this Order shall rema in sealed until the Financial Institutions and Third Party Service Providers comply with Paragraphs I(B)-(C), III(A) and V(C) of this Order. Plaintiff shall file a letter regarding the continued need for sealing when (1) there is no longer a need to keep the matter under seal or (2) within fourteen (14) days, which is earlier. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/2/2024) (ks) Transmission to Finance Unit (Cashiers) for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KING SPIDER LLC,
Plaintiff
v.
FOSHANSHIBINGJIEHAOYI,
HUZHONGMINGZZ,
KUNMINGWUHUAYUANYINGGE,
MENGJUMAOYI,
MIAOPOKEJI,
SHANM,
WEDSSSAGGY and ZHANGMUMAOYI,
Defendants

Civil Case No.: 24-cv-5673
(JMF)
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
FILED UNDER SEAL

GLOSSARY
Term
Plaintiff or King
Spider
Defendants
Walmart
Marketplace

Epstein Drangel
New York Address
Complaint
Application

Rucker Dec.
Nastasi Dec.
Sp5der Products
Sp5der
Registrations

Definition
King Spider LLC
FoShanShiBingJieHaoYi,
huzhongmingzz,
KunMingWuHuaYuanYingGe, mengjumaoyi, Miaopokeji,
shanm, WEDSSSAGGY and zhangmumaoyi
Walmart.com Marketplace, a Bentonville, Arkansas-based,
online marketplace and e-commerce platform owned by
Walmart Stores, 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 Plaintiff
244 Madison Ave, Suite 411, New York, New York 10016
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 CB Rucker in Support of Plaintiff’s Application
Declaration of Gabriela N. Nastasi in Support of Plaintiff’s
Application
A young, successful high-end lifestyle streetwear line
specializing in men's and women's apparel, as well as
accessories, bags and other ready-made goods
U.S. Trademark Registration Nos.: 6,512,199 for “SP5DER”
for a variety of goods in Class 25; 6,681,320 for “
” for a variety of goods in Class 25; 7,049,772
for “

” for a variety of goods in Class 25;

7,031,211 for “

” for a variety of goods

in Class 25; 6,688,472 for “
” for a variety of
goods in Class 25; 7,151,224 for “SP5WOM” for a variety of
i

Sp5der Applications

Sp5der Marks
Counterfeit
Products

Infringing Listings
User Accounts

Merchant
Storefronts

Defendants’ Assets
Defendants’
Financial Accounts
Financial
Institutions
Third Party Service

goods in Class 25; 7,270,084 for “
” for a
variety of goods in Class 25; 7,367,336 for “SP5
WORLDWIDE” for a variety of goods in Class 25; and
7,166,293 for “555 555” for a variety of goods in Class 25
U.S. Application Nos.: 97/141,401 for “555 555” for a variety
of goods in Classes 9, 25 and 41; 97/141,377 for “SP5DER”
for a variety of goods in Classes 9, 35 and 41; and 97/141,407
for “
” for a variety of goods in Classes 9 and
41
The marks covered by the Sp5der Registrations and Sp5der
Applications
Products bearing or used in connection with the Sp5der Marks,
and/or products in packaging and/or containing labels bearing
the Sp5der Marks, and/or bearing or used in connection with
marks that are confusingly similar to the Sp5der Marks and/or
products that are identical or confusingly similar to the Sp5der
Products
Defendants’ listings for Counterfeit Products
Any and all websites and any and all accounts with online
marketplace platforms such as Walmart Maketplace, 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 account is located in the
U.S. or abroad)
PayPal Inc. (“PayPal”), Payoneer Inc. (“Payoneer”), PingPong
Global Solutions, Inc. (“PingPong”) and Airwallex (Hong
Kong) Limited (“Airwallex”)
Online marketplace platforms, including, without limitation,
ii

Providers

those owned and operated, directly or indirectly, by Walmart
Marketplace, 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

iii

On this day, the Court considered Plaintiff’s ex parte application 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 against Defendants, Third Party Service Providers and Financial Institutions
in light of Defendants’ intentional and willful offerings for sale and/or sales of Counterfeit
Products. 1 A complete list of Defendants is attached hereto as Schedule A, which also includes links
to Defendants’ Merchant Storefronts and Infringing Listings. Having reviewed the Application,
Declarations of CB Rucker and Gabriela N. Nastasi, along with exhibits attached thereto and other
evidence submitted in support thereof, the Court makes the following findings of fact and
conclusions of law:
PRELIMINARY FACTUAL FINDINGS & CONCLUSIONS OF LAW
1.

Sp5der, launched by Plaintiff in or about 2019, is a successful and high-end lifestyle

streetwear line of men’s and women’s apparel, accessories, bags and other ready-made goods which
are distributed in the United States and abroad (“Sp5der Brand”).
2.

The Sp5der Products are marketed under the Sp5der Marks. The Sp5der Brand is

recognized for its familiar motifs, including rhinestones and spider webs, as well as its eccentric
design language.
3.

The Sp5der Products are sold exclusively direct to consumers via King Spider’s

official website, https://kingspider.co.
4.

Since the launch, the Sp5der Brand and Sp5der Products have been featured in

numerous press publications, including, but not limited to, Complex, Highsnobriety, Hot New

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

HipHop and Hypebeast, among others.
5.

Sp5der Products typically retail for between $25.00 - $1,000.00.

6.

While Sp5der has gained significant common law trademark and other rights in its

Sp5der Marks and Sp5der Products through use, advertising and promotion, Sp5der also protected
its valuable rights by filing for and obtaining federal trademark registrations.
7.

For example, King Spider owns the following U.S. Trademark Registration Nos.:

6,512,199 for “SP5DER” for a variety of goods in Class 25; 6,681,320 for “

variety of goods in Class 25; 7,049,772 for “

7,031,211 for “

” for a

” for a variety of goods in Class 25;

” for a variety of goods in Class 25; 6,688,472 for “

” for a variety of goods in Class 25; 7,151,224 for “SP5WOM” for a variety of goods

in Class 25; 7,270,084 for “

” for a variety of goods in Class 25; 7,367,336 for

“SP5 WORLDWIDE” for a variety of goods in Class 25; and 7,166,293 for “555 555” for a variety
of goods in Class 25. King Spider has also applied for the registration of U.S. Application Nos.:
97/141,401 for “555 555” for a variety of goods in Classes 9, 25 and 41; 97/141,377 for “SP5DER”
for a variety of goods in Classes 9, 35 and 41; and 97/141,407 for “

” for a variety of

goods in Classes 9 and 41.
8.

The Sp5der Marks are currently in use in commerce in connection with the Sp5der

Products. The Sp5der Marks were first used in commerce on or before the dates of first use as
reflected in the respective registrations attached to the Complaint as Exhibit C.
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9.

The success of the Sp5der Products is due in part to King Spider’s marketing and

promotional efforts. These efforts include advertising and promotion through social media, King
Spider’s website (available at https://kingspider.co) and print and internet-based advertising.
10.

King Spider’s success is also due to its use of the highest quality materials and

processes in making the Sp5der Products.
11.

Additionally, King Spider owes a substantial amount of the success of the Sp5der

Products to its consumers and word-of-mouth buzz that its consumers have generated.
12.

King Spider’s efforts, the quality of King Spider’s products and the word-of-mouth

buzz generated by its consumers have made the Sp5der Marks and Sp5der Products prominently
placed in the minds of the public. Members of the public and retailers have become familiar with the
Sp5der Marks and Sp5der Products and have come to associate them exclusively with Sp5der. King
Spider has acquired a valuable reputation and goodwill among the public as a result of such
associations.
13.

King Spider has gone to great lengths to protect its interests in the Sp5der Products

and the Sp5der Marks. No one other than King Spider and its authorized licensees and distributors
are authorized to manufacture, import, export, advertise, offer for sale or sell any goods utilizing the
Sp5der Marks, or use the Sp5der Marks in connection with goods or services or otherwise, without
the express permission of King Spider.
14.

Defendants are manufacturing, importing, exporting, advertising, marketing,

promoting, distributing, displaying and/or offering for sale Counterfeit Products through
Defendants’ User Accounts and Merchant Storefronts with Walmart Marketplace (see Schedule
A for links to Defendants’ Merchant Storefronts and Infringing Listings).
15.

Defendants are not, nor have they ever been, authorized distributors or licensees of

3

the Sp5der Products. Neither Plaintiff, nor any of Plaintiff’s authorized agents, have consented to
Defendants’ use of the Sp5der Marks, nor has Plaintiff consented to Defendants’ use of marks that
are confusingly similar to, identical to and constitute a counterfeiting or infringement of the Sp5der
Marks.
16.

Plaintiff is likely to prevail on its Lanham Act and related common law claims at

17.

As a result of Defendants’ infringements, Plaintiff, as well as consumers, are likely

trial.

to suffer immediate and irreparable losses, damages and injuries before Defendants can be heard
in opposition, unless Plaintiff’s Application for ex parte relief is granted:
a. Defendants have offered for sale and sold substandard Counterfeit Products in the
United States that infringe the Sp5der Marks;
b. Plaintiff has well-founded fears that more Counterfeit Products will appear in the
marketplace; that consumers may be misled, confused and disappointed by the quality
of these Counterfeit Products, resulting in injury to Plaintiff’s reputation and
goodwill; and that Plaintiff may suffer loss of sales for the Sp5der Products; and
c. Plaintiff has well-founded fears that if they proceed on notice to Defendants on this
Application, Defendants will: (i) secret, conceal, destroy, alter, sell-off, transfer or
otherwise dispose of or deal with Counterfeit Products or other goods that infringe
the Sp5der Marks, the means of obtaining or manufacturing such Counterfeit
Products, and records relating thereto that are in their possession or under their
control, (ii) inform their suppliers and others of Plaintiff’s claims with the result being
that those suppliers and others may also secret, conceal, sell-off or otherwise dispose
of Counterfeit Products or other goods infringing the Sp5der Marks, the means of

4

obtaining or manufacturing such Counterfeit Products, and records relating thereto
that are in their possession or under their control, (iii) secret, conceal, transfer or
otherwise dispose of their ill-gotten proceeds from its sales of Counterfeit Products
or other goods infringing the Sp5der Marks and records relating thereto that are in
their possession or under their control and/or (iv) open new User Accounts and
Merchant Storefront under new or different names and continue to offer for sale and
sell Counterfeit Products with little to no consequence.
18.

The balance of potential harm to Defendants of being prevented from continuing

to profit from their illegal and infringing activities if a temporary restraining order is issued is far
outweighed by the potential harm to Plaintiff, its business, the goodwill and reputation built up in
and associated with the Sp5der Marks and to its reputations if a temporary restraining order is not
issued.
19.

Public interest favors issuance of the temporary restraining order in order to protect

Plaintiff’s interests in and to its Sp5der Marks, and to protect the public from being deceived and
defrauded by Defendants’ passing off of their substandard Counterfeit Products as Sp5der
Products.
20.

Plaintiff has not publicized its request for a temporary restraining order in any way.

21.

Service on Defendants via electronic means is reasonably calculated to result in

proper notice to Defendants.
22.

If Defendants are given notice of the Application, they are likely to secret, conceal,

transfer or otherwise dispose of their ill-gotten proceeds from their sales of Counterfeit Products
or other goods infringing the Sp5der Marks. Therefore, good cause exists for granting Plaintiff’s
request for an asset restraining order. It typically takes the Financial Institutions a minimum of

5

five (5) days after service of the Order to locate, attach and freeze Defendants’ Assets and/or
Defendants’ Financial Accounts and it is anticipated that it will take the Third Party Service
Providers a minimum of five (5) days to freeze Defendants’ Merchant Storefronts. As such, the
Court allows enough time for Plaintiff to serve the Financial Institutions and Third Party Service
Providers with this Order, and for the Financial Institutions and Third Party Service Providers to
comply with the Paragraphs I(B)(1) and I(C)(1) of this Order, respectively, before requiring
service on Defendants.
23.

Similarly, if Defendants are given notice of the Application, they are likely to

destroy, move, hide or otherwise make inaccessible to Plaintiff the records and documents relating
to Defendants’ manufacturing, importing, exporting, advertising, marketing, promoting,
distributing, displaying, offering for sale and/or sale of Counterfeit Products. Therefore, Plaintiff
has good cause to be granted expedited discovery.
ORDER
Based on the foregoing findings of fact and conclusions of law, Plaintiff’s Application is
hereby GRANTED as follows:
I.

Temporary Restraining Order

A. IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendants are
hereby restrained and enjoined from engaging in any of the following acts or omissions in
the United States (with the exception of the acts and omissions described in paragraphs 68 below, which shall apply worldwide) for twenty-eight (28) 2 days from the date of this
order, and for such further period as may be provided by order of the Court:

2

The Court finds, pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure, that
good cause exists to extend this temporary restraining order for a duration of twenty-eight days
because, in the Court’s experience, service in this type of case is complex and unlikely to be
effectuated within fourteen days.
6

1)

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 Sp5der Marks and/or marks that are confusingly
similar to, identical to and constitute a counterfeiting or infringement of the Sp5der
Marks;

2)

continued operation of Defendants’ User Accounts and Merchant Storefronts in
violation of this Order;

3)

directly or indirectly infringing in any manner Plaintiff’s Sp5der Marks;

4)

using any reproduction, counterfeit, copy or colorable imitation of Plaintiff’s Sp5der
Marks to identify any goods or service not authorized by Plaintiff;

5)

using Plaintiff’s Sp5der Marks and/or any other marks that are confusingly similar to
the Sp5der Marks on or in connection with Defendants’ manufacturing, importing,
exporting, advertising, marketing, promoting, distributing, offering for sale, selling
and/or otherwise dealing in Counterfeit Products;

6)

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;

7

7)

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;

8)

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

9)

knowingly instructing any other person or business entity to engage in any of the
activities referred to in subparagraphs I(A)(1) through I(A)(8) above and I(B)(1) and
I(C)(1) below.

B. IT IS HEREBY ORDERED, as sufficient cause has been shown, that 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 and are identified in this Order are hereby restrained and enjoined from
engaging in any of the following acts or omissions for twenty-eight (28) days from the date
of this order, and for such further period as may be provided by order of this Court:
1)

secreting, concealing, transferring, disposing of, withdrawing, encumbering or paying
Defendants’ Assets from or to Defendants’ Financial Accounts until further ordered by
this Court.

8

C. IT IS HEREBY ORDERED, as sufficient cause has been shown, that immediately upon
receipt of service of this Order, 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 for twenty-eight (28) days from the date
of this order, and for such further period as may be provided by order of this Court:
1)

operation of Defendants’ User Accounts and Merchant Storefronts in violation of this
Order; and

2)

instructing, aiding, or abetting Defendants and/or any other person or business entity
in engaging in any of the activities referred to in subparagraphs I(A)(1) through I(A)(8),
I(B)(1) and I(C)(1) above.
II.

Order to Show Cause Why A Preliminary Injunction
Should Not Issue And Order Of Notice

A. Defendants are hereby ORDERED to show cause before this Court in Courtroom 1105 of
the United States District Court for the Southern District of New York at 40 Foley Square,
New York, New York on _August 28________________________, 2024 at
__3:45_______ __p.m. or at such other time that this Court deems appropriate, why a
preliminary injunction, pursuant to Fed. R. Civ. P. 65(a), should not issue.
B. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed electronically with
the Court on or before___ August 21__________________, 2024. Plaintiff shall file any
Reply papers on or before noon on ____August 26___________________, 2024. By the
same date, Plaintiff shall filed a proposed Preliminary Injunction.
C. IT IS FURTHER ORDERED that Defendants are hereby given notice that failure to appear
at the show cause hearing scheduled in Paragraph II(A) above may result in the
9

imposition of a preliminary injunction against them pursuant to Fed. R. Civ. P. 65, which
may take effect immediately upon the expiration of this Order, and may extend throughout
the length of the litigation under the same terms and conditions set forth in this Order.
III.

Asset Restraining Order

A. IT IS FURTHER ORDERED pursuant to Fed. R. Civ. P. 64 and 65 and N.Y. C.P.L.R.
6201 and this Court’s inherent equitable power to issue provisional remedies ancillary to
its authority to provide final equitable relief, as sufficient cause has been shown, that within
five (5) days of receipt of service of this Order, the Financial Institutions shall locate and
attach Defendants’ Financial Accounts and/or Defendants’ Assets and shall provide written
confirmation of such attachment to Plaintiff’s counsel.
IV.

Order Authorizing Bifurcated and Alternative Service by Electronic Means

A. IT IS FURTHER ORDERED pursuant to Rule 4(f) of the Federal Rules of Civil Procedure
and Article 15 of the Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters (the “Hague Convention”), as sufficient cause
has been shown, that service may be made on, and shall be deemed effective as to all
Defendants -- for purposes of this temporary restraining order and any preliminary
injunction only -- if it is completed by the following means:
1)

delivery of: (i) PDF copies of this Order together with the Summons and Complaint,
and (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 together with the Summons and Complaint,
and all papers filed in support of Plaintiff’s Application seeking this Order to

10

Defendants’ e-mail addresses to be determined after having been identified by Walmart
Marketplace pursuant to Paragraph V(C). 3
B. IT IS FURTHER ORDERED, as sufficient cause has been shown, that such alternative
service by electronic means ordered herein shall be made within five (5) days of the
Financial Institutions and Third Party Service Providers’ compliance with Paragraphs
III(A) and V(C) of this Order.
C. IT IS FURTHER ORDERED, as sufficient cause has been shown, that service may be
made and shall be deemed effective as to the following -- for purposes of this temporary
restraining order and any preliminary injunction only -- if it is completed by the below
means:
1)

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];

2)

delivery of: (i) a PDF copy of this Order, or (iii) a link to a secure website where
Walmart Marketplace will be able to download a PDF copy of this Order via electronic
mail to [e-mail];

3)

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];

3

Plaintiff requested that the Court direct the Clerk of Court to issue a single summons
directed to all Defendants. Because there are only eight defendants named in the Complaint, that
request is denied.
11

4)

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]; and

5)

delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where
Airwallex will be able to download a PDF copy of this Order via electronic mail to
[e-mail].
V.

Order Authorizing Expedited Discovery

A. IT IS FURTHER ORDERED, as sufficient cause has been shown, that:
1)

Within fourteen (14) days after receiving service of this Order, each Defendant shall
serve upon Plaintiff’s counsel a written report under oath providing:
a. their true name and physical address;
b. the name and location and URL of any and all websites that Defendants own and/or
operate and the name, location, account numbers and URL for any and all User
Accounts and Merchant Storefronts on any Third Party Service Provider platform
that Defendants own and/or operate;
c. the complete sales records for any and all sales of Counterfeit Products, including
but not limited to number of units sold, the price per unit, total gross revenues
received (in U.S. dollars) and the dates thereof;
d. the account details for any and all of Defendants’ Financial Accounts, including,
but not limited to, the account numbers and current account balances; and
e. the steps taken by each Defendant, or other person served to comply with Section
I, above.

2)

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
12

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.
3)

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.

B. IT IS FURTHER ORDERED, as sufficient cause has been shown, that within five (5) days
of receipt of service of this Order the Financial Institutions served with this Order shall
identify any and all of Defendants’ Financial Accounts and/or Defendants’ Assets, 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, including contact information for Defendants (including, but not limited to,
mailing addresses and e-mail addresses), account numbers and account balances for any
and all of Defendants’ Financial Accounts and confirmation of said compliance with this
Order.
C. IT IS FURTHER ORDERED, as sufficient cause has been shown, that within five (5) days
of receipt of service of this Order, the Third Party Service Providers served with this Order
shall identify any and all of Defendants’ User Accounts and Merchant Storefronts, and
provide Plaintiff’s counsel with a summary report containing account details for any and
all User Accounts and Merchant Storefronts, which shall include, at a minimum,
identifying information for Defendants and Defendants’ User Accounts and Defendants’
Merchant Storefronts, contact information for Defendants (including, but not limited to,

13

mailing addresses and e-mail addresses) and confirmation of said compliance with this
Order.
D. IT IS FURTHER ORDERED, as sufficient cause has been shown, that:
1)

Within fourteen (14) days of receiving actual notice of this Order, all Financial
Institutions who are served with this Order shall provide Plaintiff’s counsel 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 and/or
Defendants’ Assets, including, but not limited to, documents and records relating to:
a. account numbers;
b. current account balances;
c. any and all identifying information for Defendants, Defendants’ User Accounts and
Defendants’ Merchant Storefronts, including, but not limited to, names, addresses
and contact information;
d. 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;
e. any and all deposits and withdrawals 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
f. any and all wire transfers into each and every one of Defendants’ Financial
Accounts during the previous year, including, but not limited to, documents

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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.
E. IT IS FURTHER ORDERED, as sufficient cause has been shown, that:
1)

Within fourteen (14) days of receipt of service of this Order, the Third Party Service
Providers served with this Order 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:
a. 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);
b. 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);
c. 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

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d. Defendants’ manufacturing, importing, exporting, advertising, marketing,
promoting, distributing, displaying, offering for sale and/or selling of Counterfeit
Products, or any other products bearing the Sp5der Marks and/or marks that are
confusingly similar to, identical to and constitute an infringement of the Sp5der
Marks.
VI.

Security Bond

A. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of TwentyFive Thousand__________ Dollars ($25,000__________) with the Court which amount is
determined adequate for the payment of any damages any person may be entitled to recover
as a result of an improper or wrongful restraint ordered hereunder.
VII.

Sealing Order

A. IT IS FURTHER ORDERED that Plaintiff’s Complaint and exhibits attached thereto, and
Plaintiff’s ex parte Application and the Declarations of CB Rucker and Gabriela N. Nastasi
in support thereof and exhibits attached thereto, and this Order shall remain sealed until
the Financial Institutions and Third Party Service Providers comply with Paragraphs I(B)(C), III(A) and V(C) of this Order. Plaintiff shall file a letter regarding the continued need
for sealing when (1) there is no longer a need to keep the matter under seal or (2) within
fourteen (14) days, which is earlier.
SO ORDERED.
SIGNED this 2nd day of August, 2024, at 5:10 p.m.
_________________________________
HON. JESSE M. FURMAN
UNITED STATES DISTRICT JUDGE

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