Helen of Troy Limited v. Bestcupshop.com et al

Filing 30

Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should not Issue. Order - A Preliminary Injunction Hearing is set for 8/2/2018 at 03:30PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Signed on 7/19/2018 by Judge Michael H. Simon. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

HELEN OF TROY LIMITED, a Barbados
corporation,
Plaintiff,
v.

Case No. 3:18-cv-1165-SI
TEMPORARY RESTRAINING ORDER
AND ORDER TO SHOW CAUSE WHY
A PRELIMINARY INJUNCTION
SHOULD NOT ISSUE

BESTCUPSHOP.COM;
BESTCUPSSALE.COM;
BOMOSFIT.COM; CAMOGYM.COM;
CHEAPERBOTTLE.COM;
CHEAPHYDROFLASK.COM;
CHENJIAJIN D/B/A
HYDROFLASKEN.COM;
DEALHYDRO.COM;
FANACTICSCUP.COM; FENGZHU
ECOMMERCEHOLDINGS LLC; GUO
TANG D/B/A
HYDROFLASKOUTLET.COM;
HFTUMBLERS.COM; HOU SU PING
D/B/A EFOAQ.COM; HUA SHUNG HU
D/B/A FINYP.COM; HYDROASK.COM;
HYDROEFLASK.COM;
HYDROFLASKC.COM;
HYDROFLASKCUP.COM;
HYDROFLASKCUPS.COM;
HYDROFLASKDEAL.COM;
HYDROFLASKDEALS.COM;
HYDROFLASKI.COM;
HYDROFLASKOFFICIAL.COM;
HYDROFLASKSALE.COM;
PAGE 1 – TEMPORARY RESTRAINING ORDER

HYDROFLASKSALES.COM;
HYDROFLASKSELL.COM;
HYDROFLASKSHOPUS.COM;
HYDROFLASKSTORE.COM;
HYDROFLASKTUMBLER.COM;
HYDROFLASKUS.COM;
HYDROFLSAK.COM;
HYDROOFLASK.COM;
HYDROSFLASK.COM;
IEKASHOP.COM; CUPSDEAL.COM;
JIMMY LI (D/B/A
CUPSTOREONLINE.COM,
FLASKHYDRO.COM, FLASKHYDRO.
COM, FLASK-HYDROFLASK. COM,
HYDROCUPFLASK.COM,
HYDROFLASK-BOTTLES.COM,
HYDROFLASK-BOTTLES.COM,
HYDROFLASKBOTTLES.STORE,
HYDROFLASK-CUP.COM,
HYDROFLASKHYDRATION.COM,
HYDROFLASK-OFFICIAL.COM,
HYDROFLASKOFFICIALSTORE.COM);
JINKUN CHEN D/B/A
JACKETGOOSE.COM;
KEAOUTLET.COM; LI CHAOQUN
(D/B/A HYDROFLASK.BIZ,
HYDROFLASKCHEAP.COM,
HYDROFLASKCOFFEE.COM.
HYDROFLASK-CUP.COM,
HYDROFLASKFORSALE.COM,
HYDROFLASK-SHOP.COM, HYDROFLASKSTORE.COM,
HYDROFLASKTUMBLERS.COM,
XHYDROFLASK.COM); LIFEIDA
ELECTRONIC BUSSINESS CO., LTD;
MEILIAN LLC; MIERFITNESS.COM;
OFFICIALCUPSTORE.COM;
OFFICIALHYDROFLASK.COM;
ONLINECUP.STORE;
SHOPHYDROFLASK.COM; SMARK
JOHN D/B/A/ BUYFLASKINFO.COM;
ZENGXIANGHUA D/B/A/ GKMSF.COM;
and ZONG ZHOU,
Defendants.

PAGE 2 – TEMPORARY RESTRAINING ORDER

Michael H. Simon, District Judge.
This matter came before the Court on the Motion for Temporary Restraining Order and
Preliminary Injunction (“Motion”) filed by Plaintiff Helen of Troy Limited (“HOTL”). ECF 12.
HOTL seeks to enjoin defendants from advertising, offering for sale, selling, or distributing
products using the HYDRO FLASK trademarks and passing themselves off as being Helen of
Troy or an authorized retailer or distributor. This Court has jurisdiction over this matter pursuant
to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1337, and 1338.
Based upon the Amended Verified Complaint and its exhibits (ECF 18), the Court finds
that HOTL is likely to succeed on the merits of its trademark infringement, counterfeiting, unfair
competition, false designation of origin, and cyberpiracy claims; if Defendants are not
immediately restrained as set forth in this Order, HOTL is likely to be irreparably harmed; the
balance of the equities favors granting temporary injunctive relief in this case; and granting
temporary injunctive relief is in the public interest. The Court also specifically finds:
A.

If defendants are not immediately enjoined from using the HYDRO FLASK

trademarks to advertise, offer for sale, sell, or distribute counterfeit HYDRO FLASK branded
products, plaintiff will suffer immediate, ongoing, and irreparable injury, loss, and damage in the
form of loss of control over the goodwill and reputation associated with its marks as well as lost
business. The injury to plaintiff is irreparable because defendants’ actions are causing members
of the public to buy substandard, counterfeit products on the mistaken belief that they are buying
genuine Hydro Flask products, thus injuring the goodwill and reputation that plaintiff has
invested substantial time, energy, and money to develop.
B.

Plaintiff has no adequate remedy at law.

PAGE 3 – TEMPORARY RESTRAINING ORDER

C.

Plaintiff’s lawyers have made reasonable efforts to notify defendants of the

Motion by communication sent by email, as email is the only means plaintiff knows to contact
defendants due to their use of fictitious names and privacy services to hide their true identities in
their domain name registrations.
Accordingly, it is HEREBY ORDERED that:
1.

The above-named Defendants, their agents, servants, employees, and attorneys

and all other persons in active concert or participation with any of the above-named Defendants
who receive actual notice of this Order, by personal service or service by email, are enjoined
from:
a.

using in any manner any of the HYDRO FLASK Marks or any company

name, trade name, trademark, or service mark that consists of, or is confusingly similar to, any of
the HYDRO FLASK Marks in connection with the manufacturing, advertising, promotion,
offering for sale, sale, or distribution of any goods or services not authorized by Helen of Troy;
b.

using in any manner any domain name or social media account name that

consists in whole or in part of the HYDRO FLASK mark or any confusingly similar term,
including the following domain names: cheaphydroflask.com; hydroflasken.com;
hydroflaskoutlet.com; hftumblers.com; hydroask.com; hydroeflask.com; hydroflaskc.com;
hydroflaskcup.com; hydroflaskcups.com; hydroflaskdeal.com; hydroflaskdeals.com;
hydroflaski.com; hydroflaskofficial.com; hydroflasksale.com; hydroflasksales.com;
hydroflasksell.com; hydroflaskshopus.com; hydroflaskstore.com; hydroflasktumbler.com;
hydroflaskus.com; hydroflsak.com; hydrooflask.com; hydrosflask.com; flaskhydro.com, flaskhydro.com; flaskhydro-flask.com; hydrocupflask.com; hydroflask-bottles.com; hydro-flaskbottles.com. hydroflaskbottles.store; hydroflask-cup.com; hydroflaskhydration.com; hydroflask-

PAGE 4 – TEMPORARY RESTRAINING ORDER

official.com; hydroflaskofficialstore.com; hydroflask.biz; hydroflaskcheap.com;
hydroflaskcoffee.com; hydroflask-cup.com; hydroflaskforsale.com; hydro-flask-shop.com;
hydro-flask-store.com; hydroflasktumblers.com; xhydroflask.com; officialhydroflask.com; and
shophydroflask.com;
c.

using the following domain names, which Defendants are using or have

recently used to advertise, offer for sale, or sell counterfeit Hydro Flask products:
bestcupshop.com; bestcupssale.com; bomosfit.com; camogym.com; cheaperbottle.com;
dealhydro.com; fanacticscup.com; efoaq.com; finyp.com; iekashop.com; cupsdeal.com;
cupstoreonline.com; jacketgoose.com; keaoutlet.com; mierfitness.com; officialcupstore.com;
onlinecup.store; buyflaskinfo.com; and gkmsf.com; and
d.

otherwise falsely representing that Defendants, individually or

collectively, are in any way connected with, sponsored by, endorsed by, associated with, or
affiliated with Helen of Troy or any of its affiliates.
2.

The registrars and registries through which each of the domain names identified

above are registered immediately disable and lock each domain name so that it cannot be used or
transferred during the pendency of this action; and
3.

The privacy services through which the following domain names are registered

provide to Helen of Troy’s counsel, within fourteen (14) days from the entry of this Order, the
name and all known contact information for the registrant of the domain name: bomosfit.com,
camogym.com; hftumblers.com; hydroask.com; hydroflaskcup.com; hydroflaskcups.com;
hydroflaski.com; hydroflaskofficial.com; hydroflasktumbler.com; hydroflaskus.com;
hydrooflask.com; hydrosflask.com; keaoutlet.com; mierfitness.com; officialcupstore.com; and
onlinecup.store.

PAGE 5 – TEMPORARY RESTRAINING ORDER

4.

This Temporary Restraining Order is effective until Thursday, August 2, 2018,

unless extended by further order of this Court.
5.

Defendants are ordered to appear before U.S. District Judge Michael H. Simon in

Courtroom 15B of the United States District Court for the District of Oregon, 1000 SW Third
Avenue, Portland, OR 97204, on Thursday, August 2, 2018, at 3:30 p.m. to show cause why a
preliminary injunction should not issue so that the order described above continues and remains
in effect while this action is pending.
6.

Pursuant to Rule 65(c), Plaintiff is required to post a bond with the Clerk of the

Court in the amount of $2,000.00.
IT IS SO ORDERED.
DATED this 19th day of July, 2018 at 2:00 p.m.
/s/ Michael H. Simon
Michael H. Simon
United States District Judge

PAGE 6 – TEMPORARY RESTRAINING ORDER