Who Decides War LLC v. 884886 CH Store et al

Filing 23

PRELIMINARY INJUNCTION ORDER: 1. The injunctive relief previously granted in the TRO shall remain in place through the pendency of this action, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. a) Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: As further set forth by this Order. 6. Defendants are hereby given notice that they may be deemed to have actual notice of the terms of this Order and any act by them or anyone of them in violation of this Order may be considered and prosecuted as in contempt of this Court. 7. The $25,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. 8. This Order shall remain in effect during the pendency of this action, or until further order of the Court. 9. 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. 10. Plaintiff shall file a status letter with updates and proposed next steps no later than May 5, 2025, and every sixty days thereafter, until the Court orders otherwise. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 3/5/2025) (tg) 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 42 nd Street, Suite 1250
New York, NY 10165
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Who Decides War, LLC
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
WHO DECIDES WAR, LLC,
Plaintiff
v.
884886 CH STORE, ALL-IN-ONE STORE,
AWAKE STORE, BAFANGLAI STORE, BOBO
HANDSOME
STORE,
CAIKANGMAOYI,
CHENYOOU STORE, CHONGQING RUILAN
TECHNOLOGY CO., LTD., CHOSEN-ERDSTORE STORE, DESERT SPRING, DONGGUAN
XUANYANG FASHION GARMENT CO., LTD.,
FOREST EAGLE STORE, FOSHAN NANHAI
YOUPIN CHAOPAI CLOTHING STORE,
FOSHAN NANHAI YUNSHANG CHENGPIN
CLOTHING STORE (INDIVIDUAL BUSINESS),
GOOGO STORE, GUANGXI BEILIU YUEN
TRADING CO., LTD., GUANGZHOU BAIYUN
JINSHA YANGWANG BOUTIQUE STORE,
GUANGZHOU BEICHAO CLOTHING CO., LTD.,
GUANGZHOU BOXU TRADING CO., LTD.,
GUANGZHOU HEPBURN INTERNATIONAL
TRADE CO., LTD., GUANGZHOU KEKE

25-cv-682 (JAV)
[PROPOSED]
PRELIMINARY
INJUNCTION ORDER

CLOTHING CO., LTD, GUANGZHOU LANGSHI
GARMENT CO., LTD., GUANGZHOU LUXI
CLOTHING CO., LTD, GUANGZHOU MIFU
TRADING CO., LTD., GUANGZHOU PICKUP
PURCHASE
CLOTHING
CO.,
LTD.,
GZHOUJIQINGSHANGMAOYOUXIANG, HONG
DA STORE, HUAINAN HOWEAR TRADING
CO.,
LTD.,
HUILUOSHANGMAO,
HUIMASHANGMAOYY, JINJIANG LONGHU
JINMO SHOE INDUSTRY FIRM, JKONE STORE,
JUAN LI, LANTMC STORE, LIDAN, LIU'S
TRENDY CLOTHING STORE, LUCKY GIRL 168
STORE, MEN FIRST CHOICE STORE, MMY
MONSTERS STORE STORE, MR-WARDROBE
STORE, PANG-1983 STORE, PEACEFUL EARTH
STORE, PROFESSIONAL DROP SHIPPING 01
STORE,
SHOP1102648882
STORE,
SHOP1102960245 STORE, SHOP1103778186
STORE,
SHOP1103850860
STORE,
SHOP1103857788 STORE, SHOP1103932176
STORE, SHOP1103994662 STORE, SIMPLE-CAT
STORE, SMILE 666 STORE, SOON STORE,
WARDROBE 180212 STORE, WORLD START
STORE, XUNNIWOTA, YIWU HUIYU ECOMMERCE FIRM, YIWU LIQIN TRADING CO.,
LTD., Y-M STORE, YU EN STORE and YUJIANG
LEYOU CLOTHING STORE,
Defendants

Walmart Marketplace

Epstein Drangel
New York Address
Complaint
Application

Best Dec.
Nastasi Dec.
WDW Products
WDW Marks

WDW Work
Counterfeit Products

to consumers across the world and specifically to consumers
residing in the U.S., including New York
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 Everard Best in Support of Plaintiff’s
Application
Declaration of Gabriela N. Nastasi in Support of Plaintiff’s
Application
Men’s and women’s apparel, shoes and accessories that
combine intricate embroidery, distressed detailing, powerful
graphics and blend high fashion with streetwear
U.S. Trademark Registration Nos.: 6,076,083 for “WHO
DECIDES WAR” for a variety of goods in Classes 18 and 25;

and 7,308,514 for “
” for a variety of goods in Class
25
U.S. Copyright Registration No.: VA 2-327-231 covering
“Stained Glass Logo”
Products bearing or used in connection with the WDW Marks
and/or WDW Work, and/or products in packaging and/or
containing labels bearing the WDW Marks and/or WDW
Work, and/or bearing or used in connection with marks and/or
artwork that are confusingly and/or substantially similar to the
WDW Marks and/or WDW Work, and/or products that are
identical or confusingly similar to the WDW Products
ii

Infringing Listings
User Accounts

Merchant Storefronts

Defendants’ Assets
Defendants’ Financial
Accounts
Financial Institutions

Third Party Service
Providers

Defendants’ listings for Counterfeit Products
Any and all websites and any and all accounts with online
marketplace platforms such as Alibaba, AliExpress and/or
Walmart Marketplace 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”), the
Alibaba Group d/b/a Alibaba.com payment services (e.g.,
Alipay.com Co., Ltd., Ant Financial Services Group)
(“Alipay”), Walmart Pay, PingPong Global Solutions, Inc.
(“PingPong”) and Airwallex (Hong Kong) Limited
(“Airwallex”)
Online marketplace platforms, including, without limitation,
Alibaba, AliExpress and/or 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, 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

WHEREAS, Plaintiff having moved ex parte on January 23, 2025 against Defendants for
the following: 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;
WHEREAS, the Court entered an Order granting Plaintiff’s Application on January 24,
2025 (“TRO”) which ordered Defendants to appear on February 18, 2025 at 2:00 p.m. to show
cause why a preliminary injunction should not issue (“Show Cause Hearing”);
WHEREAS, on February 7, 2025, Plaintiff wrote a letter to the Court requesting a
continuation of the sealing period;
WHEREAS, on February 10, 2025, the Court granted Plaintiff’s request for a continuation
of the sealing period (“February 10, 2025 Order”);
WHEREAS, on February 12, 2025, Plaintiff requested to modify and extend the TRO, and
February 13, 2025, the Court entered an Order granting Plaintiff’s request which, inter alia,
adjourned the Show Cause Hearing to March 4, 2025 at 2:00 p.m. (“February 13, 2025 Order”);
WHEREAS, on February 27, 2025, 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 February 10, 2025 Order and the and the February 13, 2025 Order on each
and every Defendant, except Defendants All-in-One Store, mr-wardrobe Store and Yiwu Huiyu
E-Commerce Firm;
WHEREAS, on March 4, 2025 at 2:00 pm., Plaintiff appeared at the Show Cause Hearing,
however, none of the Defendants appeared.

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PRELIMINARY FACTUAL FINDINGS & CONCLUSIONS OF LAW
A.

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

B.

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

to suffer immediate and irreparable losses, damages and injuries:
a. Defendants have offered for sale and sold substandard Counterfeit Products in the
United States that infringe the WDW Marks and/or WDW Work; and
b. Plaintiff has well-founded fears that more Counterfeit Products will appear in the
United States 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 WDW
Products.
C.

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

profit from their illegal and infringing activities if a preliminary injunction 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 WDW Marks and/or WDW Work and to its reputation if the relief granted
in the TRO is not continued through the pendency of this action.
D.

Public interest favors issuance of the preliminary injunction order in order to protect

Plaintiff’s interests in and to its WDW Marks and WDW Work, and to protect the public from
being deceived and defrauded by Defendants’ passing off of their substandard Counterfeit
Products as WDW Products.
ORDER
1. The injunctive relief previously granted in the TRO shall remain in place through the
pendency of this action, and issuing this Order is warranted under Federal Rule of Civil

2

Procedure 65 and Section 34 of the Lanham Act.
a) Accordingly, Defendants are hereby restrained and enjoined from engaging in any of
the following acts or omissions pending the final hearing and determination of this
action or until further order of the Court:
i. manufacturing, importing, exporting, advertising, marketing, promoting,
distributing, displaying, offering for sale, selling and/or otherwise dealing in
Counterfeit Products or any other products bearing the WDW Marks and/or
WDW Work and/or marks and/or artwork that are confusingly and/or
substantially similar to, identical to and constitute a counterfeiting or
infringement of the WDW Marks and/or WDW Work;
ii. directly or indirectly infringing in any manner Plaintiff’s WDW Marks and/or
WDW Work;
iii. using any reproduction, counterfeit, copy or colorable imitation of Plaintiff’s
WDW Marks and/or WDW Work to identify any goods or services not
authorized by Plaintiff;
iv. using Plaintiff’s WDW Marks and/or WDW Work and/or any other marks
and/or artwork that are confusingly and/or substantially similar to the WDW
Marks and/or WDW work 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;
v. 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

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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;
vi. 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;
vii. 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
viii. knowingly instructing any other person or business entity in engaging in any of
the activities referred to in subparagraphs 1(a)(i) through 1(a)(vii) above, 1(b)(i)
and 1(c)(i) below.

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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
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 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. instructing, aiding, or abetting Defendants and/or any other person or business
entity in engaging in any of the activities referred to in subparagraphs 1(a)(i)
through 1(a)(vii), 1(b)(i) and 1(c)(i) above.
2. As sufficient cause has been shown, the asset restraint granted in the TRO shall remain in
place through the pendency of this litigation, including that:
a)

within five (5) days of receipt of notice of this Order, the Financial Institutions served
with this Order shall identify any and all of Defendants’ Financial Accounts 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

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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.
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 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.
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, relating to any and all of
Defendants’ Financial Accounts, User Accounts and Merchant Storefronts, including,
but not limited to, documents and records relating to:
i. account numbers;
ii. current account balances;
iii. any and all identifying information for Defendants, Defendants' User Accounts

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and Defendants’ Merchant Storefronts, including, but not limited to, names,
addresses and contact information;
iv. any and all account opening documents and records, including, but not limited
to, account applications, signature cards, identification documents, and if a
business entity, any and all business documents provided for the opening of
each and every of Defendants’ Financial Accounts;
v. any and all deposits and withdrawal during the previous year from each and
every one of Defendants’ Financial Accounts and any and all supporting
documentation, including, but not limited to, deposit slips, withdrawal slips,
cancelled checks and account statements; and
vi. any and all wire transfers into each and every of Defendants’ Financial
Accounts during the previous year, including, but not limited to, documents
sufficient to show the identity of the destination of the transferred funds, the
identity of the beneficiary’s bank and the beneficiary’s account number;
d) Within fourteen (14) days of receipt of service of this Order, the Third Party Service
Providers shall provide to 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

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V(C) of the TRO;
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 WDW Marks and/or
WDW Work and/or marks and/or artwork that are confusingly or substantially
similar to, identical to and constitute an infringement of the WDW Marks and/or
WDW Work.
4. As sufficient cause has been shown, and pursuant to Rule 4(f) of the Federal Rules of Civil
procedure, and Articles 1 and 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 Defendants if it is completed by the following means:

8

a) delivery of: (i) a PDF copy of this Order and (ii) a link to a secure website (including
NutStore, a large mail link created through Rmail.com or via website publication
through

a

specific page

dedicated to

this

Lawsuit accessible through

ipcounselorslawsuit.com) where each Defendant will be able to download a PDF copy
of this Order, to Defendants’ e-mail addresses as identified by Alibaba, AliExpress
and/or Walmart Marketplace pursuant to Paragraph V(C) of the TRO.
5. As sufficient cause has been shown, service of this Order shall be made on and deemed
effective as to the Third Party Service Providers and Financial Institutions if it is completed
by the following means:
a) delivery of: (i) a PDF copy of this Order, or (ii) a link to a secure website where PayPal
will be able to download a PDF copy of this Order via electronic mail to PayPal Legal
Specialist at [e-mail]
b) delivery of: (i) a PDF copy of this Order, or (iii) a link to a secure website where
Alipay 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
Alibaba and AliExpress will be able to download a PDF copy of this Order via
electronic

mail

to

[e-mail]

and

IPR-

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

9

Payoneer Inc. will be able to download a PDF copy of this Order via electronic mail
at [e-mail];
f) 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
g) 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].
6. Defendants are hereby given notice that they may be deemed to have actual notice of the
terms of this Order and any act by them or anyone of them in violation of this Order may
be considered and prosecuted as in contempt of this Court.
7. The $25,000.00 bond posted by Plaintiff shall remain with the Court until a final
disposition of this case or until this Order is terminated.
8. This Order shall remain in effect during the pendency of this action, or until further order
of the Court.
9. 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.

10

10. Plaintiff shall file a status letter with updates and proposed next steps no later than May 5,
2025, and every sixty days thereafter, until the Court orders otherwise.
SO ORDERED.
SIGNED this 5th day of March, 2025, at 2:32 p.m.
New York, New York
_________________________________
HON. JEANNETTE A. VARGAS
UNITED STATES DISTRICT JUDGE

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