WisdomTree, Inc. v. John Does 1-10

Filing 20

MODIFIED 1) TEMPORARY RESTRAINING ORDER; 2) ORDER TO SHOW CASUE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 3) ORDER RESTRAINING DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; ANDS ) ORDER AUTHORIZING EXPEDITED DISCOVERY: Based on the foregoing findings of fact and conclusions of law, Plaintiffs Motion is hereby GRANTED as follows: IT IS ORDERED, as sufficient cause has been shown, that Defendants, and each of their respe ctive officers, agents, privies, shareholders, principals, directors, licensees, affiliates, subsidiaries, successors and assigns, and all those persons acting in concert or participation with any of them, including any entity owned or controlled in whole or in part by any of the Defendants, who receive actual notice of this Order, are hereby enjoined, for fourteen (14) days from the date of this Order, and for such further period as may be provided by order of the Court, from: As further s et forth in this Order. IT IS FURTHER ORDERED that the $1,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. SO ORDERED (Signed by Judge Paul A. Engelmayer on 3/11/2025) (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]
EPSTEIN DRANGEL LLP
60 East 42 nd Street, Suite 1250
New York, NY 10165
Telephone: [phone]
Facsimile: [phone]
VERSO LAW GROUP LLP
Gregory S. Gilchrist (Cal. Bar No. 11536) (pro hac admission forthcoming)
[e-mail]
Ryan Bricker (Cal. Bar No. 269100) (admitted pro hac vice)
[e-mail]
Meher Badia (Cal. Bar No. 350990) (pro hac admission forthcoming)
[e-mail]
565 Commercial Street, 4th Fl.
San Francisco, California 94111
Telephone: [phone]
Attorneys for Plaintiff
WisdomTree, Inc.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
WISDOMTREE, INC.

Plaintiff,

v.
JOHN DOES 1-10,

Defendants.

CIVIL ACTION NO.: 25-cv-194 (PAE)

MODIFIED

(PROPOSED]
1) TEMPORARY RESTRAINING
ORDER; 2) ORDER TO SHOW
CASUE WHY A PRELIMINARY
INJUNCTION SHOULD NOT ISSUE;
3) ORDER RESTRAINING
DEFENDANTS' ASSETS WITH THE
FINANCIAL INSTITUTIONS; 4)
ORDER AUTHORIZING
BIFURCATED AND ALTERNATIVE
SERVICE;ANDS)ORDER
AUTHORIZING EXPEDITED
DISCOVERY

GLOSSARY
Plaintiff or Wisdom Tree
Defendants
Fraud Scheme

WhatsApp
Complaint
Motion

Bricker Dec.
Park Dec.
WISDOMTREE Marks
Defendants' Assets
Defendants' Financial
Accounts
Financial Institutions

Third-Party Service
Providers

WisdornTree, Inc.
Defendants John Does 1-10
The collective procedure by which Defendants misuse
counterfeit WISDOMTREE Marks and induce consumers
solicited through WhatsApp (as defined below) into
depositing money and personal information into the
Fraudulent Investment Platforms, as detailed rn
Para ra hs 18-26 of the Corn lain!
A communication and networking platform that allows
users to send text, voice rnessa es and video rnessa es
Plaintiffs Complaint filed on January 9, 2025
Plaintiffs ex parte application for: 1) a temporary
restraining order; 2) an order to show cause why a
preliminary injunction should not issue; 3) an order
freezing Defendants' Assets (as defined below) and/or
Defendants' Financial Accounts (as defined below) with
the Financial Institutions (as defined below); 4) an order
authorizing bifurcated and alternative service and 5) an
order authorizin ex edited discove
Declaration of Ryan Bricker m Suppott of Plaintiffs
Motion
Declaration of Mee A. Park in Support of Plaintiffs
Motion
WisdornTree's trademarks as identified in paragraphs 1112 of the Park Dec.
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 Defendants (whether said accounts are located in the
U.S. or abroad
JPMorgan Chase Bank, NA ("JPMorgan"), Citibank
(Hong Kong) Limited ("Citibank") and/or any entities
affiliated with JPMorgan and/or Citibank holding
Defendants' Assets (WisdomTree expects to identify
additional financial institutions throu h discover
Platforms and/or entities whose services Defendants used
to enact the Fraud Scheme, including but not limited to:
Meta Platforms, Inc. ("Meta"), T-Mobile US Inc. ("TMobile" , Vodafone Grou Pie "Vodafone" , Blackstone

ii

User Accounts
Fraudulent Investment
Platforms

Inc. ("Blackstone"), Google LLC ("Google"), and Apple
Inc. ("Apple"), conference halls, photographers,
videographers, actors, web-designers, and/or Internet
Service Providers
Third-Party Service Provider accounts registered, created,
controlled, or used by the Defendants in connection with
the conduct described in the Comolaint
Mobile apps, web-based apps, and forms distributed
through websites and Defendants' User Accounts, all of
which fraudulently bear WISDOMTREE Marks.
Defendants use the Fraudulent Investment Platforms to
induce victims to transfer money, and/or to input their
contact and banking information, for purposes of "buying
into" a platf01m for investing in crypto-currencies/digital
assets.

iii

This matter came before the Court on Plaintiff, WisdomTree Inc.'s ex parte Motion, for
(I) a temporary restraining order, (2) an order to show cause why a preliminary injunction should

not issue, (3) an order restraining Defendants' Assets and/or Defendants' Financial Accounts with
the Financial Institutions, (4) an order authorizing bifurcated and alternative service, and (5) an
order authorizing expedited discovery, all pursuant to the Lanham Act 15 U.S.C. §§ 1051 et seq.,
Rules 65(b) and (c) of the Federal Rules of Civil Procedure, and the Local Civil Rules of the United
States District Court for the District of New York.
The Court has considered the facts alleged in the Complaint; the Memorandum of Law
submitted in support of this Motion; the supporting Mee A. Park and Ryan Bricker evidentiary
declarations and exhibits, and all other evidence submitted. Good cause appearing, the Court
makes the following findings, conclusions of law, and orders:
PRELIMINARY FACTUAL FINDINGS & CONCLUSIONS OF LAW

I.

WisdomTree owns common law rights in and numerous trademark registrations

worldwide for a collection of WISDOMTREE and WISDOMTREE-formative marks (including
logos). WisdomTree's U.S. registrations for the WISDOMTREE Marks follow:
Trademark

Country

us

Reg/
No./Reg.
Date
#3727417
2009-12-22

Goods

35: Providing financial 6/16/2006
indices based on selected
groups of securities
36: Providing financial,
investment,
stock
exchange, and securities
information;
providing
investment fund services;
providing infmmation on a
selected group of securities
forming a securities index

1

Date of
First Use

and offering investment
fund services in the nature
of an index, index fund or
actively managed fund
comprised of a selected
securities;
group
of
offering investment fund
services in the nature of
exchange traded funds and
index funds based on a
securities index and other
financial market indices
WISDOMTREE

us

#3151954
2006-10-03

36: Providing financial, 6/16/2006
investment,
stock
exchange, and securities
information via electronic
means;
providing
information on a selected
group of stocks forming a
stock index; providing
investment fund services,
namely, offering exchange
traded funds and index
funds based on a stock
index

WISDOMTREE

us

#5482242
2018-05-29

35: Providing financial 6/16/2006
indices based on selected
11rouos of securities

WISDOMTREE PRIME

us

# 7376257
2024-04-30

9: Downloadable software 1/18/2022
managing
and
for
validating
transactions
involving funds, financial
assets,
digital tokens,
currencies,
virtual
cryptocurrencies, and other
digital assets, including by
using
blockchain
technology; Downloadable
software for use
m
selling,
purchasing,
transacting, transferring,
and trading of funds,
financial assets, digital
tokens, virtual currencies,

2

cryptocurrencies, and other
digital
assets;
Downloadable software for
use in the implementation
and recordation of financial
transactions;
Downloadable software for
the
management
and
financial
analysis
of
savmgs
accounts,
payments, and financial
investments;
Downloadable software for
managing,
storing,
transacting, exchanging,
purchasing,
investing,
sending, and receiving
funds, financial assets,
digital tokens,
virtual
cun-enc1es,

cryptocurrencies, and other
digital assets, using a
secure
digital
wallet;
Downloadable software for
use as a digital wallet;
Downloadable software for
managing
savings
accounts, payments, and
financial
assets;
Downloadable
software
using a distributed ledger,
including blockchain, for
collecting,
aggregating,
analyzing,
modifying,
transmitting, storing, and
sharing
data
and
information
36: Providing financial
information and advice by
electronic means in the
field
of
finance,
investment,
stock
exchange, and securities;
Financial
transaction
services,
namely,
conducting
electronic
3

financial transactions of
funds, financial assets,
crypto
assets,
virtual
currencies,
cryptocurrencies,
and
tokenized physical assets
via a global computer
information
network;
Financial
information
processing
services,
namely,
providing
transaction tracking in the
nature
of
recording
financial information in a
ledger, and providing
settlement services in the
nature of clearing and
reconciling
financial
transactions via a global
computer
network;
Financial
transaction
services,
namely,
providing
secure
commercial transactions
and payment options;
Blockchain-based payment
verification
services;
Payment processing of
funds, financial assets,
crypto
assets,
virtual
currencies,
cryptocurrencies,
and
tokenized physical assets;
Transaction
settlement
services,
namely,
settlement services in the
nature of clearing and
reconciling
financial
transactions via a global
computer network for
transactions
involving
funds, financial assets,
traditional
currencies,
digital currencies, crypto
assets, virtual currencies,
crvotocurrencies,
and
4

tokenized physical assets;
Financial
management
relating to accounts and
assets involved in financial
transactions;
Financial
services,
namely,
providing
electronic
transfer of funds, financial
assets, crypto assets virtual
currencies,
cryptocurrencies,
and
tokenized physical assets
for use by members of an
online community via a
global computer network;
Financial
exchange
services involving funds,
financial assets, crypto
assets, virtual currencies,
cryptocurrencies,
and
tokenized physical assets
for use by members of an
online community via a
global computer network;
Financial services, namely,
payment
verification
services
using
decentralized distributed
ledger technology (DLT)
for payments involving
funds, financial assets,
crypto
assets,
virtual
currencies,
cryptocurrencies,
and
tokenized physical assets
2.

WisdomTree's success is due in patt to the strength of the WISDOMTREE Marks,

and its substantial marketing efforts and expenditures to promote them.
3.

WisdomTree is likely to succeed in its trademark infringement claims.

The

evidence shows that Defendants, without WisdomTree's authorization or consent, are
impersonating WisdomTree and its personnel by using counterfeit or infringing version of the
5

WISDOMTREE Marks as part of the deception, duping consumers and stealing their savings and
personal information. The evidence shows that Defendants' Fraud Scheme operates as follows:
a. Defendants obtain telephone numbers with area codes corresponding to their target
geographic region, such as New York.
b. Defendants use these regional phone numbers to create WhatsApp accounts under
fraudulent identities, including "Jason Brown" (a fake persona claiming to be the
Chief Analyst ofWisdomTree Australia), "Scarlett Kelly" (a fake persona claiming
to be Jason Brown's assistant), or "Will Peck" (misappropriating the name and
photo of the real William Peele, Head of Digital Assets at WisdomTree), among
others.
c. Defendants create WhatsApp Groups that fraudulently use WisdomTree's name
and logo, and add over one-hundred targeted victims to these groups.
d. Defendants introduce themselves using the fake or misappropriated identities (such
as Jason Brown, Scarlett Kelly, or Will Peck), and falsely claim they are executives
of WisdomTree sharing investment advice.
e. In furtherance of the scheme, and to engender a false sense of legitimacy,
Defendants circulate, via WhatsApp, photographs and videos depicting a group of
fake WisdomTree executives, such as Jason Brown. Defendants falsely claim these
fake executives hosted a conference in partnership with Fidelity Investments, and
several other financial institutions such as Goldman Sachs, BlackRock, and
Vanguard.

6

f.

Defendants reinforce their deception by using the WhatsApp Groups to circulate
fake newsletters (improperly bearing WisdomTree's mark) purpo1ting to purvey
WisdomTree's investment strategies.

g. The scheme lures Defendants' victims into downloading a fraudulent and deceptive
app or clicking on a deceptive web-based version hosted at a URL that unlawfully
incorporates WisdomTree's trademark (e.g., h5.wisdomtreepro.com).
h. Once victims are using the Fraudulent Investment Platforms, they are instructed to
provide personal and financial information (including contact and banking
information) and deposit cash toward fake investments.

i.

Defendants also solicit money from victims via direct bank transfers, outside of the
Fraudulent Investment Platforms.

j.

Shortly after victims deposit cash into the Fraudulent Investment Platforms, they
receive a message from Defendants that their funds have been "frozen to protect
against fraud." Per reports, victims are unable to access the money they deposited
into the fraudulent investment platforms. Defendants have effectively stolen all
deposited funds.

4.

The evidence shows that Defendants are jointly involved in facilitating this scheme,

based on a range of commonalities across the communication channels, messages, accounts, and
counterfeit material used in furtherance of the scheme.
5.

The evidence shows that WisdomTree received complaints from consumers who

were cheated based on their reliance on Defendants' malicious misrepresentations.

7

6.

The evidence shows that Defendants knowingly and intentionally misappropriated

and counterfeited the WISDOMTREE Marks, WisdomTree's corporate identity, and the likeness
of WisdomTree employees to fraudulently solicit money and personal information from victims.
7.

WisdomTree is likely to succeed in its false advertising claims. The evidence

shows that Defendants have made literally false statements about their identities to consumers,
and intentionally and maliciously impersonated WisdomTree or WisdomTree personnel to deceive
consumers into transferring money into fraudulent investment schemes. Once consumers
deposited funds with Defendants, they were unable to recover them.
8.

For similar reasons, WisdomTree is likely to succeed on all of its claims against

Defendants, including violations of multiple provisions of New York General Business Law, antiphishing statutes, and tortious interference with prospective economic advantage.
9.

Defendants' continued use of infringing and counterfeit WISDOMTREE Marks,

and their impersonation ofWisdomTree or its personnel to carry out the Fraud Scheme will cause
WisdomTree to suffer irreparable harm, including damage to its goodwill and reputation as a
trustworthy provider of financial products and services. Additionally, consumers within the
general public will remain at risk of ongoing fraud and deception if the Court does not grant the
requested relief.
10.

Because Defendants have no legitimate interest in continuing to fraudulently solicit

money from consumers using WISDOMTREE Marks, Defendants will suffer no countervailing
injuries to legitimate interests if the Court issues the requested temporary restraining order. In
contrast, the irreparable harm WisdomTree will suffer absent such relief far outweighs any
potential harm to Defendants that will result if a temporary restraining order is issued.
11.

The public will benefit from the issuance of the temporary restraining order, as it

8

will protect WisdomTree's rights in the WISDOMTREE Marks and prevent consumers from
being deceived and defrauded by Defendants.
12.

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

13.

Given the nature of their business and scheme, service on Defendants via

WhatsApp is reasonably calculated to provide proper notice to Defendants and may be the only
effective means. WisdomTree, in discovery, may learn more about Defendants' true identities
and places of residence.
14.

Defendants are likely to destroy, hide or make inaccessible to the Court and to

WisdomTree the records relating to their Fraud Scheme if WisdomTree is required to pursue its
Motion on notice.
15.

Defendants are likely to conceal or transfer revenue and profits earned from their

Fraud Scheme to avoid consequences such as a damages award or other monetary remedies.
16.

Based on the foregoing, Plaintiff has good cause to be granted expedited discovery,

including to identify the Doe Defendants, and to further investigate the details and means of
Defendants' counterfeiting and Fraud Scheme.
17.

Based on the foregoing, good cause exists for granting Plaintiffs request for an

asset restraining order.
18.

Financial Institutions typically require a minimum of 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' accounts. As such, the Court provides sufficient time for Plaintiff to serve
the Financial Institutions and Third-Paity Service Providers with this Order, and for the Financial
Institutions and Third-Party Service Providers to comply with Paragraphs I.B. l and I.B.2 of this

9

Order before requiring service on Defendants.
ORDER

Based on the foregoing findings of fact and conclusions oflaw, Plaintiffs Motion is hereby
GRANTED as follows:
I.

TEMPORARY RESTRAINING ORDER

A. IT IS ORDERED, as sufficient cause has been shown, that Defendants, and each of their
respective officers, agents, privies, shareholders, principals, directors, licensees, affiliates,
subsidiaries, successors and assigns, and all those persons acting in concert or
participation with any of them, including any entity owned or controlled in whole or in
pati by any of the Defendants, who receive actual notice of this Order, are hereby enjoined,
for fourteen (14) days from the date of this Order, and for such further period as may be
provided by order of the Court, from:
1.

using any of the WISDOMTREE Marks, or any simulation, reproduction, copy,
colorable imitation or confusingly similar variation of any of the WISDOMTREE
Marks, in any context, including without limitation in any presentation,
advertisement, solicitation, social media post or ad, paid search advertisement,
WhatsApp group, account or social media handle, domain name, or on any webbased platforms or mobile applications;

2.

using any of the WISDOMTREE Marks - or any simulation, reproduction, copy,
colorable imitation or confusingly similar variation of any of the WISDOMTREE
Marks - in or as part of any mark, design or logo or otherwise on or in connection
with the Fraud Scheme alleged in the Complaint, any similar fraudulent scheme or
in a manner that violates WisdomTree's rights;

10

3.

continued operation of Defendants' User Accounts through WhatsApp, Meta,
Google, Apple as a means for Defendants' operation of their counterfeiting and
Fraud Scheme;

4.

impersonating WisdomTree, any WisdomTree employee (real or fictitious), or any
other entity for the purpose of providing financial services, soliciting consumers
via WhatsApp, offering a mobile application or web-based platform related to
financial services or products, or hosting events purporting to represent
WisdomTree's stance or relationship with any organization;

5.

hiding, concealing, destroying, altering, selling, transferring or otherwise disposing
of Defendants' files (in any form, including physical or electronic), computer
programs, data, business records, documents or any other records or evidence
relating to their WhatsApp accounts, customers, phone numbers, mobile
applications, web-based platforms, or bank accounts;

6.

effecting assignments or transfers, forming new entities or associations, or creating
and/or utilizing any other platform, WhatsApp accounts, phone numbers, mobile
applications, web-based platforms, bank accounts, or any other means of
importation, exportation, advertising, marketing, promotion, distribution, display,
or offerings for the purposes of circumventing or otherwise avoiding the
prohibitions set forth in this Order; and

7.

instructing , directing or assisting any other person or business entity to engage in
any of the activities enjoined by this Order.

11

B. IT IS ORDERED, as sufficient cause has been shown, that immediately upon receipt of
service of this Order, all persons or entities 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 fourteen (14) 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 in violation of this Order (accordingly, the
Third-Party Service Providers and Financial Institutions are directed to disable or
suspend all User Accounts, while preserving all information and content (including
messages and contact lists) associated with such User Accounts); 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)(l)
through I(A)(7) above.

II.

ASSET RESTRAINING ORDER

A. IT IS ORDERED, as sufficient cause has been shown, that Defendants and all persons

acting 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 secreting, concealing, transferring, disposing of, withdrawing, encumbering or
making any payments from or to Defendants' Assets or Defendants' Financial Accounts
until further ordered by this Court.

12

B. IT IS FURTHER ORDERED, as sufficient cause has been shown, 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 ancillaty to its authority to provide final equitable relief, that
the Financial Institutions shall locate and freeze any of Defendants' Financial Accounts
or Defendants' Assets, including, without limitation, JPMorgan Chase Account No.
679608102, such that no withdrawals or transfers out of the account may be made, no
assets may be concealed, and no debts may be paid with any of Defendants' Assets.
Financial Institutions shall provide written confirmation of such attachment and freeze to
WisdomTree's counsel.

III.

ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION
SHOULD NOT ISSUE AND ORDER OF NOTICE

A. Defendants are ORDERED to show cause before this Court in Courtroom 1305 of the

United States District Court for the Southern District of New York at 40 Foley Square,
New York, New York on _ _ _ _ _ _ _ _ _ _ _, 2025 at

.m. or

at such other time that this Court deems appropriate, why a preliminary injunction should
not issue pursuant to Fed. R. Civ. P. 65(a).

Opposing papers, if any, shall be filed

electronically with the Court on or before_ _ _ _ _ _ _ _ _, 2025. WisdomTree
shall file any Reply papers on or before _ _ _ _ _ _ _ _ _ _, 2025. By the same
date, WisdomTree shall file a proposed Preliminary Injunction.
B. This ORDER shall serve as notice to Defendants that failure to appear at the show cause
hearing scheduled in this Order may result in the 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.

13

IV.

ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE

A. Pursuant to Rule 4(f) of the Federal Rules of Civil Procedure, service may be made on,
and shall be deemed effective as to all Defendants if it is completed by the following
means:
1.

delivery of: (i) PDF copies of this Order together with the Summons and Complaint,
or (ii) a link to a secure website 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 WisdomTree's Motion seeking this Order to Defendants'
WhatsApp accounts and Gmail account. Details of those accounts follow.

Name Associated with WhatsApp and/or
Gmail Accounts (if anv)
Jason Brown
Admin
Scarlett Kelly
Admin
Will Peck
Admin
Alice Noah
Admin
Admin
Admin
Will Peck
Admin
Jason Brown
Scarlett Kelly
Jason Brown

2.

WhatsApp Account Number or Gmail
Address
[phone]
[phone]
[phone]
[phone]
+ 1 8632082781
+l 4124990913
+ 1 6465707352
+ 1 2136596439
[phone]
+ 1 917 5499711
+ 1 6465707390
[phone]
[phone]
[phone]
[phone]
brauncenterfo!dcahnnail.com
geuoal902848inl<>mail.com

following the close of discovery, if Defendants' physical addresses or email
addresses are uncovered, delivery of: (i) copies of this Order together with the
Summons and Complaint, or (ii) a link to a secure website where each Defendant

14

will be able to download PDF copies of this Order together with the Summons and
Complaint, and all papers filed in support of WisdomTree's Motion seeking this
Order to Defendants' email address(es) or via Federal Express to Defendants'
physical address(es).
B. Pursuant to Rule 4(f) of the Federal Rules of Civil Procedure, service may be made on,
and shall be deemed effective as to all Financial Institutions and Third-Party Service
Providers when completed by email to the following addresses:
1.

delivery of: (i) a PDF copy of this Order, and (ii) a link to a secure website where
Meta (WhatsApp's parent company) and WhatsApp will be able to download a
PDF copy of this Order via electronic mail to: [e-mail];

2.

delivery of: (i) a PDF copy of this Order, and (ii) a link to a secure website where
Google (Gmail provider) will be able to download a PDF copy of this Order via
electronic

mail

to:

[e-mail],

[e-mail] and [e-mail];
3.

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

4.

delivery of: (i) a PDF copy ofthis Order, and (ii) a link to a secure website where
T-Mobile will be able to download a PDF copy of this Order via electronic mail to:
[e-mail];

5.

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

15

6.

delivery of: (i) a PDF copy of this Order, and (ii) a link to a secure website where
Blackstone (Crown Hotel) will be able to download a PDF copy of this Order via
electronic mail to: [e-mail];

7.

delivery of: (i) a PDF copy of this Order, and (ii) a link to a secure website where
JP Morgan will be able to download a PDF copy of this Order via electronic mail
to: [e-mail]; and

8.

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

C. IT IS FURTHER ORDERED, as sufficient cause has been shown, that such alternative
service ordered herein shall be deemed effective as to Defendants, the Third Party Service
Providers and Financial Institutions through the pendency of this action.
D. IT IS FURTHER ORDERED, as sufficient cause has been shown, that such alternative
service ordered herein shall be made within five (5) days of the Third Party Service
Providers and Financial Institutions' compliance with Paragraphs II(A) and VI of this
Order.
V.

ORDER AUTHORIZING EXPEDITED DISCOVERY

A. IT IS ORDERED THAT, as sufficient cause has been shown, within fourteen (14) days
after receiving service of this Order, each Defendant shall serve upon WisdomTree's
counsel a written report under oath providing:
I.

their true name, all known aliases, and their current physical address;

16

2.

the name and location and URL of any and all investment platforms they own,
operate or control, including but not limited to WisdomTree Pro and WT AUS, and
the name, location, deposit account numbers associated with each platform;

3.

logs showing details of Defendants' access to the User Accounts (e.g., showing the
date, time, and IP address associated with a particular access instance, together with
the duration of the session (if available));

4.

the complete records related to any of the enjoined activities, including but not
limited to any revenues, financial accounts, transaction summaries, customer
information, investment details, banking records, efforts to obtain funds, receipts,
invoices, solicitations, videos, advertisements, brochures, emails, customer contact
information;

5.

the account details for any and all of Defendants' Financial Accounts, including,
but not limited to, the account numbers and current account balances in any deposit,
checking, investment, brokerage, retirement or other financial accounts; and

6.

a detailed description of all steps taken by each Defendant, or other person served
to comply with this Order.

B. IT IS FURTHER ORDERED THAT, as sufficient cause has been shown, WisdomTree
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 WisdomTree's counsel.

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C. IT IS FURTHER ORDERED THAT, as sufficient cause has been shown, WisdomTree
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 WisdomTree's counsel.

VI.

ORDER AUTHORIZING EXPEDITED DISCOVERY AS TO THIRD-PARTY
SERVICE PROVIDERS AND FINANCIAL INSTITUTIONS

A. IT IS FURTHER ORDERED THAT, as sufficient cause has been shown, within five (5)
days of receipt of this Order, the Financial Institutions shall provide WisdomTree's
counsel with all documents and records in its possession, custody or control (whether
located in the U.S. or abroad)that are sufficient to show the following information related
to any and all of Defendants' Financial Accounts and/or Defendants' Assets:
1.

account numbers;

2.

current account balances;

3.

identifying information associated with Defendants and Defendants' User
Accounts, including, but not limited to, names, addresses, phone numbers, email
addresses and other contact information;

4.

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 formation documents and other records provided in connection
with the opening of each and every one of Defendants' Financial Accounts;

5.

deposits and withdrawals during the previous twelve (12) months made into or from
Defendants' Financial Accounts, and any and all supporting documentation,

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including, but not limited to, deposit slips, withdrawal slips, cancelled checks and
complete account statements; and
6.

inbound and outbound wire transfers from and/or into Defendants' Financial
Accounts during the previous twelve (12) months, including, but not limited to,
documents sufficient to identify the sender and recipient of each transfer, the
destination of the transferred funds, the names and locations of all intermediary and
the beneficiary's banks, and the beneficiary's account numbers.

B. IT IS FURTHER ORDERED THAT, as sufficient cause has been shown, that within five
(5) days of receipt of this Order, the Third-Party Service Providers shall provide
WisdomTree's counsel with all documents and records in its possession, custody or
control (whether located in the U.S. or abroad) sufficient to show the following
information related Defendants' User Accounts:
1.

identification of all User Accounts and account details associated with
Defendants, including, without limitation, identifying information, account
numbers, usernames, and other unique identifiers for any and all User Accounts
that Defendants have ever had and/or currently maintain with the Third-Party
Service Providers, to the extent not previously provided;

2.

the identities, locations and complete contact information of Defendants,
including all known names, aliases, business entities, phone numbers, and email
addresses associated with Defendants; User Accounts;

3.

Defendants' methods of payment, methods for accepting payment and any and
all financial information, including, but not limited to, information associated
with Defendants' User Accounts, transaction records, payment processors,

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linked financial accounts, and a full accounting of Defendants' financial history
under such accounts; and
4.

Records of any of Defendants' advertising, marketing, promoting, distributing,
displaying, and/or offering any investment advice or solicitations bearing the
WISDOMTREE Marks and/or marks that are confusingly similar to, identical
to and constitute an infringement of the WISDOMTREE Marks.
VII.

SECURITY BOND

A. IT IS FURTHER ORDERED that the $1,000.00 bond posted by Plaintiff shall rem~
with the Court until a final disposition of this case or until this Order is terminated.

SO ORDERED.
SIGNED this _1_1_ day of

March

, 2025.

HO!:L~-~N~:~
UNITED STATES DISTRICT JUDGE

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