Better Keiki, LLC v. MairicoDirect et al

Filing 37

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 33 Order, Report and Recommendations. This preliminary injunction shall remain in full effect for the pendency of this matter or until further order of the Court. Signed by District Judge Amos L. Mazzant, III on 3/9/2018. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

BETTER KEIKI, LLC d/b/a MAIRICO and
SENACO DIRECT,
Plaintiff,
v.
MAIRICODIRECT, KAMIROUS,
DRAGONB STORE, and
FORLOVINGYOU,
Defendants.

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CIVIL ACTION NO. 4:17-CV-850
JUDGE MAZZANT/JUDGE JOHNSON

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28
U.S.C. § 636. On February 16, 2018, the report of the Magistrate Judge (the “Report”) was entered
containing proposed findings of fact and recommendations (see Dkt. #33) that Plaintiff Better
Keiki, LLC d/b/a Mairico and Senaco Direct’s temporary restraining order (see Dkt. #26) against
Defendants be converted to a preliminary injunction with full effect for the pendency of this matter
or until further order of the Court.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, the Court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the Court. Accordingly, it is hereby ORDERED that a preliminary injunction is
entered as follows:

Defendants MairicoDirect, KamiroUS, DragonB, and ForLovingYou and each of its
members, officers, agents, employees, and those persons in active concert or participation with
them who receive actual notice of this Order by personal service or otherwise, whether acting
directly or through any entity, corporation, subsidiary, division, affiliate or other device, are hereby
temporarily restrained and enjoined from:
1.

Manufacturing or causing to be manufactured, importing, advertising, or promoting,
distributing, selling, or offering to sell their Counterfeit Goods; from infringing,
counterfeiting, or diluting Plaintiff’s trademarks; from using Plaintiff’s trademarks or
any mark or trade dress similar thereto, in connection with the sale of any unauthorized
goods; from using any logo, trade name, or trademark or trade dress that may be
calculated to falsely advertise the services or products of Defendants as being
sponsored by, authorized by, endorsed by, or in any way associated with Plaintiff; from
falsely representing themselves as being connected with Plaintiff, through sponsorship
or association, or engaging in any act that is likely to falsely cause members of the trade
and/or of the purchasing public to believe any goods or services of Defendants, are in
any way endorsed by, approved by, and/or associated with Plaintiff; from using any
reproduction, counterfeit, infringement, copy, or colorable imitation of Plaintiff’s
trademarks in connection with the publicity, promotion, sale, or advertising of any
goods sold by Defendants; from affixing, applying, annexing, or using in connection
with the sale of any goods, a false description or representation, including words or
other symbols tending to falsely describe or represent Defendants’ goods as being those
of Plaintiff, or in any way endorsed by Plaintiff and from offering such goods in
commerce; and from otherwise unfairly competing with Plaintiff.

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2.

Using the following Amazon seller IDs: A3J8RFAXD1JQ0W, A2FWGNJY7JDBXX,
AJT25DYI9N8VQ, A1GQ5KJZX714GM (“Defendant Seller IDs”), as well as any
other alias seller identification names being used and/or controlled by Defendants to
engage in the business of marketing, offering to sell, and/or selling goods bearing
counterfeits and infringements of Plaintiff’s trademarks.

3.

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Withdrawing any funds or removing any counterfeited goods from the possession of
Amazon.com, Inc., or any of its affiliated companies.
This preliminary injunction shall remain in full effect for the pendency of this matter or

until further order of the Court.
IT IS SO ORDERED.

SIGNED this 9th day of March, 2018.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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