Better Keiki, LLC v. HOUSEWARE et al

Filing 44

MEMORANDUM ADOPTING 40 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is hereby ORDERED that a preliminary injunction is entered and 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 7/3/2018. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

BETTER KEIKI, LLC d/b/a MAIRICO and
SENACO DIRECT,
Plaintiff,
v.
HOUSEWARE, NEWCHOICE USA, CPI
DELTA, CMR.ALEW, FRANCECHEF,
SUNNYSTORELOVE, and NTTL,
Defendants.

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CIVIL ACTION NO. 4:18-CV-226
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 May 31, 2018, the report of the Magistrate Judge (the “Report”) was entered
containing proposed findings of fact and recommendations (see Dkt. #40) that Plaintiff Better
Keiki, LLC d/b/a Mairico and Senaco Direct’s temporary restraining order (see Dkt. #19) against
Defendants be converted to a preliminary injunction with full effect for the pendency of this matter
or until further order of the Court. On June 18, 2018, Plaintiff submitted notice to the Court that
all documents in the case, including the Magistrate Judge’s Report (Dkt. #40), have been delivered
to Defendants via electronic means. See Dkt. #42.
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 HOUSEWARE, NewChoice USA, CPI Delta, CMR.Alew, FranceChef,
SunnyStoreLove, and NTTL, 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

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of Plaintiff, or in any way endorsed by Plaintiff and from offering such goods in
commerce; and from otherwise unfairly competing with Plaintiff.
2.

Using the following Amazon seller IDs: A19R7Z7Y0UGNKP, A358MRFT5CUP12,
A2KTE25R4ZALX8, AW7RHG6ANNRQ5, A1RKQMVHN9ZSJ6,
AD7VFEWSPSI62, A2K649AAYY4AEK (“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 3rd day of July, 2018.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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