DP Creations v. Reborn Baby Mart, et al

Filing 27

REDACTED MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFFS SUPPLEMENTAL EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER AND ASSET FREEZE. Signed by Judge Jill N. Parrish on 12/2/2021. (kpf)

Case 2:21-cv-00574-JNP Document 27 Filed 12/08/21 PageID.358 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
DP CREATIONS, LLC,
Plaintiff,
v.
REBORN BABY MART, et al.,
Defendants.

MEMORANDUM DECISION AND
ORDER GRANTING PLAINTIFF’S
SUPPLEMENTAL EX PARTE MOTION
FOR A TEMPORARY RESTRAINING
ORDER AND ASSET FREEZE
FREDACTEDILED UNDER SEAL
Case No. 2:21-cv-00574-JNP
District Judge Jill N. Parrish

Before the court is a supplemental ex parte motion for a temporary restraining order and
asset freeze filed by Plaintiff DP Creations, LLC d/b/a Bountiful Baby (“Bountiful Baby” or
“Plaintiff”).
BACKGROUND
Bountiful Baby is a Utah limited liability company with its principal place of business at
2140 South 3600 West, West Valley City, Utah. Bountiful Baby does business in the District of
Utah, has numerous employees and customers in the District of Utah, and has allegedly suffered
injury in the District of Utah.
This lawsuit names as defendants five unknown Chinese entities (Reborn Baby Mart,
Reborn Box, Reborn Baby Stores, Love Reborn Dolls, and Reborn Dolls Shop) and four entities
with various connections to the unknown Chinese entities (Nine9Light Company, LTD
Information Technology Co., Ltd. Co., Jozzby Group, Inc., and AIMARK Ltd.) (collectively,

Case 2:21-cv-00574-JNP Document 27 Filed 12/08/21 PageID.359 Page 2 of 3

“Defendants”). The Defendants operate websites, accept PayPal payments, and correspond with
customers through email.
Bountiful Baby specializes in selling kits and supplies for making “reborn dolls.” Reborn
dolls are intended to be indistinguishable from a real baby, and Bountiful Baby’s dolls are
particularly known for their uncanny realism. Bountiful Baby alleges that Defendants sell
counterfeit Bountiful Baby products on their websites and mislead consumers by using Bountiful
Baby’s copyrighted images and trademarks. Bountiful Baby alleges copyright infringement, unfair
competition, and common law trademark infringement.
ANALYSIS
Bountiful Baby previously moved for a temporary restraining order (“TRO”) and asset
freeze to freeze the assets in Defendants’ PayPal account. The court granted those motions and
issued a TRO to prevent Defendants from dissipating assets in order to preserve the possibility of
recovery for Bountiful Baby. In accordance with the TRO, PayPal identified three bank accounts
that have received proceeds from Defendants’ PayPal accounts. The financial records from PayPal
demonstrate that money is first paid into Defendants’ PayPal accounts, then transferred from
PayPal to the associated bank accounts. Bountiful Baby now moves to freeze the assets in these
three bank accounts.
Based on the information provided by PayPal pursuant to the court’s prior TRO, Bountiful
Baby identifies one bank account associated with PayPal account number

6988

(associated with Reborn Baby Mart, Reborn Box, Reborn Baby Stores, and Love Reborn Dolls).
Between September 5, 2021 and October 15, 2021, the aforementioned PayPal account transferred
$35,466.82 into an account at Community Federal Savings Bank. Bountiful Baby also identifies
two bank accounts associated with PayPal account number

2

8139 (associated

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with Ltd. Co. and AIMARK, Ltd.). Between February 1, 2020 and May 20, 2020, the

-

aforementioned PayPal account transferred $

into an account at Community Federal

Savings Bank. Additionally, between June 15, 2020 and November 19, 2021, the same PayPal
account transferred $

into a Deutsche Bank account. PayPal records, in conjunction

with test purchases by Bountiful Baby, demonstrate that the accounts contain transferred funds that
originated from purchases of allegedly counterfeit products.
For the reasons stated in the court’s November 22, 2021 memorandum decision, the court
GRANTS Bountiful Baby’s motion to preserve Plaintiff’s right to an accounting and ensure the
availability of permanent relief.
ORDER
The court GRANTS Plaintiff’s supplemental ex parte motion for a temporary restraining
order and asset freeze (ECF No. 18). Refer to the docket for a copy of the Temporary Restraining
Order.

DATED December 2, 2021.

BY THE COURT

______________________________
Jill N. Parrish
United States District Court Judge

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