Who Decides War LLC v. 884886 CH Store et al

Filing 24

SECOND 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING DEFENDANTS' 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 : Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED as follows: A. IT IS HEREBY ORDERED, as sufficient caus e has been shown, that Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions for ninety (90) days from this order, and for such further period as may be provided by order of the Court, as further set fo rth in this order. 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 Fin ancial 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 ninety (90) days from the date of this order, and for such further peri od as may be provided by order of this Court, as further set forth in this order. 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 pa rticipation 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 ninety (90) days from t he date of this order, and for such further period as may be provided by order of this Court, as further set forth in this 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 equ itable 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 a ttach Defendants' Financial Accounts and Defendants' Assets and shall provide written confirmation of such attachment to Plaintiff's counsel. A. IT IS FURTHER ORDERED, as sufficient cause has been shown, that service may be made and sh all be deemed effective as to the following if it is completed by the below means, as further set forth in this order. A. IT IS FURTHER ORDERED, as sufficient cause has been shown, that: 1) Within fourteen (14) days after receiving service of this Or der, each Defendant shall serve upon Plaintiff's counsel a written report under oath providing, as further set forth in this order. 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 provide Plaintiff's counsel with a summary report containing account details for any and all such accounts, whic h 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 Defen dants' 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, whic h 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, mailing addresses and e-mail addres ses) 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 O rder 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, including, but not limited to, docum ents and records relating to, as further set forth in this order. 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, as further set forth in this order. IT IS FURTHER ORDERED that the $25,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this O rder is terminated. IT IS FURTHER ORDERED that Plaintiff shall file a status letter with updates and proposed next steps no later than March 25, 2025, and every sixty days thereafter, until the Court orders otherwise. IT IS FURTHER ORDERED that this Order will continue to remain in full force and effect for ninety (90) days, until modified by further Order, or until service of Defendants via the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters is effectuated. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 3/6/2025) (jjc)

Jason M. Drangel (JD 7204)
[e-mail]
Ashly E. Sands (AS 7715)
[e-mail]
Danielle 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,

Civil Case No. 25-cv-682 (JAV)

Plaintiff

[PROPOSED] SECOND
1) TEMPORARY
RESTRAINING ORDER; 2)
ORDER RESTRAINING
DEFENDANTS’ 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

v.
884886 CH STORE, ALL-IN-ONE STORE, AWAKE
STORE, BAFANGLAI STORE, BOBO HANDSOME
STORE, CAIKANGMAOYI, CHENYOOU STORE,
CHONGQING RUILAN TECHNOLOGY CO., LTD.,
CHOSEN-ERD-STORE 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
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

WDW Marks

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”
Counterfeit Products 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
Infringing Listings
Defendants’ listings for Counterfeit Products
User Accounts
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
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”), the Alibaba
Institutions
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”)
Third Party Service Online marketplace platforms, including, without limitation,
WDW Work

ii

Providers

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

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 Everard Best 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. Who Decides War, founded by Plaintiff in 2016, is a successful line of men’s and women’s
apparel, shoes and accessories which are distributed through various channels of trade in the
United States and abroad (“WDW Brand”). The WDW Brand is recognized for its pieces that
combine intricate embroidery, distressed detailing, powerful graphics and blend high fashion
with streetwear.
2. The WDW Products are marketed under the WDW Marks.
3. The WDW Products are sold worldwide through major retailers and online marketplaces,
including, but not limited to Neiman Marcus, FARFETCH, Saks Fifth Avenue and many
others.
4. The WDW Products are also sold direct to consumer via WDW’s official website,

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

https://whodecideswar.com/.
5. Since the launch, the WDW Brand and WDW Products have been featured in numerous
press publications, including but not limited to Complex, Essence, Forbes and
Highsnobriety, among others.
6. The WDW Products typically retail for between $150.00 - $5,000.00.
7. While WDW has gained significant common law trademark and other rights in its WDW
Products through use, advertising and promotion, WDW also protected its valuable rights
by filing for and/or obtaining federal trademark registrations.
8. For example, WDW is the owner of the WDW Marks (i.e., 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).

9. The WDW Marks are currently in use in commerce in connection with the WDW Products.
10. In addition, WDW is also the owner of a registered copyright in and related to the WDW
Products.
11. For example, WDW owns the WDW Work (i.e. U.S. Copyright Registration No. VA 2327-231 covering Stained Glass Logo). 2
12. The success of the WDW Products is due in part to WDW’s marketing and promotional
efforts. These efforts include advertising and promotion through social media, retailer
websites and internet-based advertising and placement of the WDW Products at authorized

Although the copyright certificate for the WDW Work lists Ev Bravado LLC as the copyright claimant, the copyright
assignment unequivocally evidences that Plaintiff is in fact the current true and correct owner of the WDW Work.
See Complaint, Ex. D.

2

2

major retail outlets, both domestically and abroad, including New York.
13. WDW’s success is also due to its use of the highest quality materials and processes in
making the WDW Products.
14. Additionally, WDW owes a substantial amount of the success of the WDW Products to its
consumers and word-of-mouth buzz that its consumers have generated.
15. WDW’s efforts, the quality of the WDW Products and the word-of-mouth buzz generated
by its consumers have made the WDW Marks, WDW Work and WDW Products
prominently placed in the minds of the public. Members of the public and retailers have
become familiar with the WDW Marks, WDW Work and WDW Products and have come
to associate them exclusively with WDW. WDW has acquired a valuable reputation and
goodwill among the public as a result of such associations.
16. WDW has gone to great lengths to protect its interests in the WDW Products, the WDW
Marks and the WDW Work. No one other than WDW and its authorized licensees and
distributors are authorized to manufacture, import, export, advertise, offer for sale or sell
any goods utilizing the WDW Marks and/or WDW Work or use the WDW Marks and/or
WDW Work in connection with goods or services or otherwise, without the express
permission of WDW.
17. 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 Alibaba, AliExpress, and/or Walmart
Marketplace (see Schedule A for links to Defendants’ Merchant Storefronts and Infringing
Listings).
18. Defendants are not, nor have they ever been, authorized distributors or licensees of the

3

WDW Products. Neither Plaintiff, nor any of Plaintiff’s authorized agents, have consented
to Defendants’ use of the WDW Marks and/or WDW Work, nor has Plaintiff consented to
Defendants’ use of 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.
19. Plaintiff is likely to prevail on its Lanham Act, Copyright Act and related common law
claims at trial.
20. As a result of Defendants’ infringements, Plaintiff, as well as consumers, are likely 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 that
infringe the WDW Marks and/or WDW Work; and
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 WDW Products.
21. 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 WDW Marks and/or WDW Work and to its reputation
if a temporary restraining order is not issued.
22. Public interest favors issuance of the temporary restraining order in order to protect
Plaintiff’s interests in and to its WDW Marks and/or WDW Work, and to protect the public

4

from being deceived and defrauded by Defendants’ passing off of their substandard
Counterfeit Products as WDW Products.
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 for ninety (90)
days 3 from this order, and for such further period as may be provided by order of the Court:
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 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;

2)

directly or indirectly infringing in any manner Plaintiff’s WDW Marks and/or WDW
Work;

3)

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

4)

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,

3 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 because, in the Court’s experience, service
in this type of case is complex and unlikely to be effectuated within fourteen days.
5

exporting, advertising, marketing, promoting, distributing, offering for sale, selling
and/or otherwise dealing in Counterfeit Products;
5)

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;

6)

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;

7)

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

6

8)

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)(7) 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 ninety (90) 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.

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 ninety (90) days from the date of this order, and for such further period
as may be provided by order of this Court:
1)

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)(7),
I(B)(1) and I(C)(1) above.
II.

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
7

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 Defendants’ Assets and shall provide written confirmation of such
attachment to Plaintiff’s counsel.
III.

Order Authorizing Alternative Service by Electronic Means as to the Third
Party Service Providers and Financial Institutions

A. IT IS FURTHER ORDERED, as sufficient cause has been shown, that service may be made
and shall be deemed effective as to the following 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 Alipay
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 Alibaba
and AliExpress will be able to download a PDF copy of this Order via electronic mail
to [e-mail] and [e-mail];

4)

delivery of: (i) a PDF copy of this Order, or (iii) 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 to [e-mail];

5)

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];

8

6)

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

7)

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].
IV.

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
9

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 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, mailing
addresses and e-mail addresses) and confirmation of said compliance with this Order.

10

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, 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
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.

11

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
d. Defendants’ manufacturing, importing, exporting, advertising, marketing,
promoting, distributing, displaying, offering for sale and/or selling of Counterfeit

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