ABC v. DEF

Filing 5

PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the L anham Act. Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: As further set forth in th is Order. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. This Order shall remain in effect during the pendency of this action, or until further orde r of the Court. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by the Court. SO ORDERED. (Signed by Judge Dale E. Ho on 9/12/2024) (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]
Grace A. Rawlins
[e-mail]
EPSTEIN DRANGEL LLP
60 East 42nd Street, Suite 1250
New York, NY 10165
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Diesel S.p.A.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DIESEL S.P.A.,
Plaintiff
v.
KRACEBAGS898, KUAILE2023, KUKUFASION,
KURTGEIGER,
KUWANBAG,
LACOSK,
LAKIBAG,
LETSHAPPY,
LHZGOODBOY,
LIBERTY_BAG,
LIGHTLUXURYBAG99,
LILINGG18,
LILYSHOES1,
LITCHI_BAG,
LIVELY123,
LOUISBAGS_18,
LOUISEVIUTIONBAG, LOUISVUITTONS_BAG,
LOYALBAG9,
LUBAG,
LUXURIOUS_BAG,
LUXURY_BAG_188,
LUXURY_BAGSHOP888,
LUXURY_DESIGNER_BAG1,
LUXURY_LADY_BAG,
LUXURY_LUXURIES,
LUXURYBAG1122,
LUXURYBAG2023,
LUXURYBAG985,
LUXURYBAGCO,
LUXURYBAGS1923,
LUXURYBRANDDESIGNER, LUXURYS_BAG88
LUXURYS_BAGSSALE, LUXURYSHAND_BAG,
LUXURYSHOULDERBAGS,
MACROWOODS,
MAIMAIMAI888,
MARC_JACOBES,

CIVIL ACTION NO.
24-cv-6169 (DEH)

PRELIMINARY
INJUNCTION ORDER

MARNI_BAG,
MAX_SHOES_,
MAYNOR88,
MEDUSA_BAG,
MEILV5656,
MIRRORQUALITYBAG,
MIUMIUHANDBAGS,
MJTOTEBAG,
MM789,
MMYSHOES,
MOON_BAG,
MORE_BAG33,
MOTORCYCLE_BAG,
MR_FASHION,
MUMOSHOES002, MY2024888, MYDAYS08,
NANIESTORE,
NBFA2022,
NEISHOES668,
NEVERFULL_BAGS, NEWBAG077, NICEBAG1,
OGBAGS, OHO02, OK2023, OKK_STORE,
OKKY_SHOP,
OOOOMYGOD,
OOTD_HANDBAG,
ORGANIZER_BAG,
ORIG_EDITON,
ORIGINALS_BAGS,
PENGNABAG66688,
PENPEN888,
PERFECT_DH_STORE,
PERFECTBAG5566,
PINGBUQINGYUNBAG,
PLAIN_BAGS,
PPCBAG19, PRACEBAGS898, PRADAHANDBAG,
PRADAHANDBAGS, PROMISE_BAGS, PTJF8,
QJYBAGS, QRACEBAGS666, RACEBAGS777,
REALMADRID966,
RELIEVE_CLOTHING,
ROMANTIC_BAGS666, RUEE, SADDLE_BAG8,
SANJIANG_CARGO,
SANJIANG_ITEMS,
SANJIANG_PRODUCTS, SATISFIEDBAG, and
SCHOOLBAGS,
Defendants

GLOSSARY
Term
Plaintiff or Diesel
Defendants

DHgate

Epstein Drangel
New York Address
Complaint
Application

Iesurum Dec.
Nastasi Dec.
Diesel Products

Definition
Diesel S.p.A.
“Defendants” only refers to all those defendants who have received
service: kracebags898, kuaile2023, kukufasion, kurtgeiger,
kuwanbag, lakibag, letshappy, lhzgoodboy, liberty_bag,
lightluxurybag99, lilingg18, lilyshoes1, litchi_bag, lively123,
louisbags_18, louiseviutionbag, louisvuittons_bag, loyalbag9, lubag,
luxury_bag_188,
luxury_designer_bag1,
luxury_lady_bag,
luxury_luxuries, luxurybag1122, luxurybag2023, luxurybag985,
luxurybagco, luxurybags1923, luxurybranddesigner, luxurys_bag88
luxurys_bagssale,
luxuryshand_bag,
luxuryshoulderbags,
macrowoods,
maimaimai888,
marc_jacobes,
max_shoes_,
maynor88, medusa_bag, mirrorqualitybag, miumiuhandbags,
mjtotebag, mm789, mmyshoes, moon_bag, more_bag33,
mr_fashion, mumoshoes002, my2024888, mydays08, naniestore,
nbfa2022, neishoes668, neverfull_bags, newbag077, nicebag1,
ogbags, oho02, ok2023, okk_store, okky_shop, oooomygod,
ootd_handbag, organizer_bag, orig_editon, originals_bags,
pengnabag66688, penpen888, perfect_dh_store, perfectbag5566,
pingbuqingyunbag,
plain_bags,
ppcbag19,
pracebags898,
pradahandbag, pradahandbags, promise_bags, ptjf8, qjybags,
qracebags666, racebags777, realmadrid966, relieve_clothing,
romantic_bags666,
ruee,
sanjiang_cargo,
sanjiang_items,
sanjiang_products, satisfiedbag, and schoolbags
Dunhuang Group d/b/a DHgate.com, an online marketplace and ecommerce platform which allows manufacturers, wholesalers and
other third-party merchants, like Defendants, to advertise, distribute,
offer for sale, sell and ship their wholesale and retail products
originating 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 Stefano Iesurum in Support of Plaintiff’s Application
Declaration of Gabriela N. Nastasi in Support of Plaintiff’s
Application
Fashion apparel products, including but not limited to high-quality
jeans, apparel and accessories for women, men and children created
i

Diesel Marks

by Diesel
U.S. Trademark Registration Nos.: 1,498,698 for “DIESEL” for a
variety of goods in Class 25; 1,564,710 for “DIESEL” for a variety
of goods in Class 25; 1,989,390 for a variety of goods in Classes 3,
9, 14, 18, 24 and 25; 3,063,829 for “DIESEL FARM” for a variety
of goods in Classes 29 and 33; 3,524,221 for “DIESEL” for a variety
of goods in Classes 11, 20 and 21; 3,956,724 for “DIESEL BLACK
GOLD” for a variety of goods in Classes 18 and 25; 4,268,431 for
“DIESEL” for a variety of goods in Class 35; 4,835,318 for
“DIESEL BAD” for a variety of goods in Class 3; 5,812,708 for
“DIESEL SPIRIT OF THE BRAVE” for a variety of goods in Class
3; 5,899,446 for “DIESEL” for a variety of goods in Class 9;
6,313,073 for “DIESEL SOUND OF THE BRAVE” for a variety of
goods in Class 3; 6,891,537 for “DIESEL LIBRARY” for a variety
of goods in Classes 18 and 25; 6,891,563 for “DIESEL” for a variety
of goods in Class 10; 7,257,006 for “DIESEL” for a variety of goods
in Class 32; 7,369,396 for “DIESEL” for a variety of goods in

Classes 9, 35, 36, 41 and 42; 1,605,656 for

for

a variety of goods in Class 25; 1,939,141 for
for a
variety of goods in Classes 3, 9, 14, 18, 24 and 25; 2,376,399 for
for a variety of goods in Classes 14, 18 and 25;
3,225,322 for

for a variety of goods in Classes 3, 9, 14,

18 and 25; 5,363,096 for

for a variety of goods in Class 3;

5,653,098 for

for a variety of goods in Class 25;

5,701,776 for

for a variety of goods in Class 3;

6,733,921 for

for a variety of goods in Class 25; and
ii

6,891,565 for
for a variety of goods in Class 3
Counterfeit
Products bearing or used in connection with the Diesel Marks, and/or
Products
products in packaging and/or containing labels bearing the Diesel
Marks, and/or bearing or used in connection with marks that are
confusingly similar to the Diesel Marks and/or products that are
identical or confusingly similar to the Diesel Products
Infringing Listings
Defendants’ listings for Counterfeit Products
User Accounts
Any and all websites and any and all accounts with online
marketplace platforms such as DHgate, 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
Merchant
Any and all User Accounts through which Defendants, their
Storefronts
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
Defendants’ Assets
Any and all money, securities or other property or assets of
Defendants (whether said assets are located in the U.S. or abroad)
Defendants’
Any and all financial accounts associated with or utilized by any
Financial Accounts
Defendants or any Defendants’ User Accounts or Merchant
Storefront(s) (whether said account is located in the U.S. or abroad)
Financial
PayPal Inc. (“PayPal”), Payoneer Inc. (“Payoneer”), DHgate (e.g.,
Institutions
DHpay.com), PingPong Global Solutions, Inc. (“PingPong”) and
Airwallex (Hong Kong) Limited (“Airwallex”)
Third Party Service Online marketplace platforms, including, without limitation,
Providers
DHgate, 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, make, use,
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

WHERAS, Plaintiff having moved ex parte on August 14, 2024 against Defendants for the
following: 1) a temporary restraining order; 2) an order restraining Merchant Storefronts and
Defendants’ Assets with the Financial Institutions; 3) an order to show cause why a preliminary
injunction should not issue; 4) an order authorizing bifurcated and alternative service; and 5) an
order authorizing expedited discovery;
WHEREAS, on August 19, 2024, the Court entered an Order granting Plaintiff’s
Application (“TRO”) which ordered Defendants to appear on September 3, 2024 at 2:30 p.m. to
show cause why a preliminary injunction should not issue (“Show Cause Hearing”);
WHEREAS, on August 28, 2024, Plaintiff filed a letter requesting to modify and extend
the TRO, and on the same day, August 28, 2024, the Court entered an Order granting Plaintiff’s
request (“August 28, 2024 Order”) and an amended TRO which, inter alia, adjourned the Show
Cause Hearing to September 12, 2024 at 2:30 p.m. (“Amended TRO”);
WHEREAS, on September 6, 2024, pursuant to the alternative methods of service
authorized by the TRO, Plaintiff served the Summons, Complaint, TRO, all papers filed in support
of the Application, the August 28, 2024 Order and Amended TRO on each and every Defendant,
except for Defendants lacosk, luxurious_bag, luxury_bagshop888, marni_bag, meilv5656,
motorcycle_bag, and saddle_bag8;
WHEREAS, on September 12, 2024 at 2:30 p.m., Plaintiff appeared at the Show Cause
Hearing, however, no Defendants appeared.
ORDER
1. The injunctive relief previously granted in the TRO shall remain in place through the pendency
of this litigation, and issuing this Order is warranted under Federal Rule of Civil Procedure 65
and Section 34 of the Lanham Act.

1

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 Diesel Marks and/or marks
that are confusingly similar to, identical to and constitute a counterfeiting and/or
infringement of the Diesel Marks;
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 Plaintiff’s Diesel Marks;
iv. using any reproduction, counterfeit, copy or colorable imitation of Plaintiff’s Diesel
Marks to identify any goods or services not authorized by Plaintiff;
v. using Plaintiff’s Diesel Marks or any other marks that are confusingly similar to
the Diesel Marks 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 product
manufactured, imported, exported, advertised, marketed, promoted, distributed,
displayed, offered for sale or sold by Defendants with Plaintiff, and/or as to the

2

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;
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
ix. knowingly instructing, aiding or abetting 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 and 1(b)(i) and 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 and are identified in this Order 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

3

paying Defendants’ Assets from or to Defendants’ Financial Accounts until further
ordered by this Court.
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 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. 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; 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(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.
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 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

4

information for Defendants (including, but not limited to, mailing addresses and e-mail
addresses) and confirmation of said compliance with this Order.
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) 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 and
Eastern Districts of New York and Defendants who are served with this Order shall provide
written responses under oath to such interrogatories within fourteen (14) days of service to
Plaintiff’s counsel.
b) Plaintiff may serve requests for the production of documents pursuant to Rules 26 and 34
of the Federal Rules of Civil Procedure and Defendants who are served with this Order,
their respective officers, employees, agents, servants and attorneys and all persons in active
concert or participation with any of them who receive actual notice of this Order shall
produce all documents responsive to such requests within fourteen (14) days of service to
Plaintiff’s counsel.
c) Within fourteen (14) days after receiving notice of this Order, all Financial Institutions who
receive service of this Order shall provide Plaintiff’s counsel with all documents and
records in their possession, custody or control (whether located in the U.S. or abroad),
relating to any and all of Defendants’ Financial Accounts, User Accounts and Merchant
Storefronts, including, but not limited to, documents and records relating to:
i.

account numbers;

ii.

current account balances;

iii.

any and all identifying information for Defendants and Defendants' User

5

Accounts, including names, addresses and contact information;
iv.

any and all account opening documents and records, including, but not limited
to, account applications, signature cards, identification documents, and if a
business entity, any and all business documents provided for the opening of
each and every of Defendants’ Financial Accounts;

v.

any and all deposits and withdrawal during the previous year from each and
every of Defendants’ Financial Accounts and any and all supporting
documentation, including, but not limited to, deposit slips, withdrawal slips,
cancelled checks and account statements; and

vi.

any and all wire transfers into each and every of Defendants’ Financial
Accounts during the previous year, including, but not limited to, documents
sufficient to show the identity of the destination of the transferred funds, the
identity of the beneficiary’s bank and the beneficiary’s account number.

d) Within fourteen (14) days of receipt of service of this Order, the Third Party Service Providers
shall provide to Plaintiff’s counsel all documents and records in its possession, custody or control
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);

6

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 Diesel Marks and/or marks that are confusingly similar to,
identical to and constitute an infringement of the Diesel Marks.

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 the following means:
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 and 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 DHgate pursuant to
Paragraph V(C) of the TRO.
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

7

Providers and Financial Institutions through the pendency of this action.
6. As sufficient cause has been shown, service of this Order shall be made on and deemed
effective as to the Third Party Service Providers and Financial Institutions if it is completed by
the following means:
a) delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where PayPal
Inc. will be able to download a PDF copy of this Order via electronic mail to PayPal
Legal Specialist at [e-mail];
b) delivery of: (i) a PDF copy of this Order, or (iii) a link to a secure website where
DHgate 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];
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]; and
e) 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].
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

8. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of
this case or until this Order is terminated.
9. This Order shall remain in effect during the pendency of this action, or until further order of
the Court.
10. Any Defendants that are subject to this Order may appear and move to dissolve or modify the
Order on two (2) days’ notice to Plaintiff or on shorter notice as set by the Court.
SO ORDERED.
SIGNED this 12 day of September, 2024, at 5:00 p.m.
New York, New York
_________________________________
HON. DALE E. HO
UNITED STATES DISTRICT JUDGE

9