Case Information
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO. 22-60194-CIV-MARTINEZ/SNOW CHANEL, INC., Plaintiff, v. THE INDIVIDUALS, BUSINESS ENTITIES, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE “A,”
Defendants. / REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon the Motion for Preliminary Injunction (ECF No. 6), filed by Plaintiff, Chanel, Inc. (“Plaintiff”), which was referred to United States Magistrate Judge Lurana S. Snow (ECF No. 11) for a Report and Recommendation. The undersigned has carefully considered the Motion, the record in this case, and the applicable law, and is otherwise fully advised. By the instant Motion, Plaintiff moves for entry of a preliminary injunction against Defendants, [1] for alleged violations of the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), and 1125(d).
The undersigned held a hearing on April 13, 2022, which was attended by counsel for Plaintiff only. During the hearing, Plaintiff directed the undersigned to evidence supporting the Motion for Preliminary Injunction. Defendants have not formally responded to the Application for Preliminary Injunction, nor have they made any appearance or filing in this case, either individually or through counsel. Because Plaintiff has satisfied the requirements for the issuance of a preliminary injunction, the Court finds that the Motion for Preliminary Injunction should be granted. BACKGROUND [2] I.
Plaintiff Chanel, Inc., is the owner of all rights in and to the following trademarks, which are valid and registered on the Principal Register of the United States Patent and Trademark Office (collectively, the “Chanel Marks”):
Registration Trademark Registration Date Classes/Goods Number CHANEL 0,626,035 May 1, 1956 IC 018 - Women’s Handbags November 10, IC 014 - Bracelets, Pins, and CHANEL 0,902,190 1970 Earrings November 10, IC 025 - Hats, Shawls and CHANEL 1,177,400 1981 Belts IC 025 - Suits, Jackets, Skirts, Dresses, Pants, Blouses,
1,241,264 June 7, 1983 Tunics, Sweaters, Cardigans, Tee-Shirts, Coats, Raincoats, Scarves, Shoes and Boots IC 025 - Suits, Jackets, Skirts, Dresses, Pants, Blouses,
CHANEL 1,241,265 June 7, 1983 Tunics, Sweaters, Cardigans, Coats, Raincoats, Scarves, Shoes and Boots IC 018 - Leather Goods-
1,314,511 January 15, 1985 Namely, Handbags IC 018 - Leather Goods-
CHANEL 1,347,677 July 9, 1985 Namely, Handbags IC 006 - Keychains IC 014 - Costume Jewelry IC 025 - Blouses, Shoes, Belts,
1,501,898 August 30, 1988 Scarves, Jackets, Men’s Ties IC 026 - Brooches and Buttons for Clothing IC 018 - Leather Goods; namely, Handbags, Wallets, Travel Bags, Luggage,
November 17, Business and Credit Card CHANEL 1,733,051 1992 Cases, Change Purses, Tote Bags, Cosmetic Bags Sold Empty, and Garment Bags for Travel IC 018 - Leather Goods; namely, Handbags, Wallets,
November 24, Travel Bags, Luggage, 1,734,822 1992 Business Card Cases, Change Purses, Tote Bags, and Cosmetic Bags Sold Empty
RUE
2,964,843 July 5, 2005 IC 018 - Handbags
CAMBON
IC 009 - Eyeglass Frames, Sunglasses
December 13, 3,025,936 IC 025 - Gloves, Swimwear 2005 IC 026 - Hair Accessories, namely, Barrettes
CHANEL 3,133,139 August 22, 2006 IC 014 - Jewelry and Watches IC 009 - Eyeglass Frames, Sunglasses, Sunglass Parts, Cases For Spectacles and Sunglasses IC 025 - Swimwear, Stockings IC 026 - Hair Accessories,
CHANEL 3,134,695 August 29, 2006 Namely, Barrettes IC 028 - Bags Specially Adopted For Sports Equipment, Tennis Rackets, Tennis Balls, Tennis Racket Covers
December 14, IC 009 - Cases for Telephones CHANEL 3,890,159 2010 IC 018 - Key Cases IC 009 - Protective Covers for Portable Electronic Devices,
December 20, Handheld Digital Devices, 4,074,269 2011 Personal Computers and Cell Phones IC 018 - Key Cases IC 025 - For Clothing, namely, Coats, Jackets, Dresses, Tops, Blouses, Sweaters, Cardigans,
November 13, 4,241,822 Skirts, Vests, Pants, Jeans, 2012 Belts, Swim Wear, Pareos, Hats, Scarves, Ties, Gloves, Footwear, Hosiery
December 13, CHANEL 5,100,448 IC 020 - Pillows 2016 CHANEL 5,166,441 March 21, 2017 IC 024 - Travelling blankets September 5, 5,280,486 IC 020 - Pillows 2017 See Declaration of Elizabeth Han in Support of Plaintiff’s Motion for Preliminary Injunction (“Han Decl.”) at ¶¶ 4-5. The Chanel Marks are used in connection with the manufacture and distribution of high-quality goods in the categories identified above. See id.
Defendants, by operating Internet based e-commerce stores or interactive photo albums operating under their seller identification names and/or commercial Internet websites operating under their domain names (the “Seller IDs and Subject Domain Names”), have advertised, promoted, offered for sale, and/or sold goods bearing what Plaintiff has determined to be counterfeits, infringements, reproductions, or colorable imitations of the Chanel Marks. See Han Decl. at ¶¶ 9, 11-14.
Although each Defendant may not copy and infringe each of the Chanel Marks for each category of goods protected, Plaintiff has submitted sufficient evidence showing each Defendant has infringed at least one or more of the Chanel Marks. See Han Decl. at ¶¶ 9, 11-14. Defendants are not now, nor have they ever been, authorized or licensed to use, reproduce, or make counterfeits, reproductions, or colorable imitations of the Chanel Marks. See Han Decl. at ¶¶ 9, 13-14.
Plaintiff learned of Defendants’ potential sale of counterfeit versions of Plaintiff’s goods. Plaintiff alleges that Defendants sell these counterfeit goods through the Seller IDs and Subject Domain Names. Plaintiff’s counsel retained AED Investigations, Inc. and Invisible Inc, both licensed private investigative firms (collectively, the “Investigative Firms”), to investigate the promotion and sale of counterfeit and infringing versions of Plaintiff’s branded products by Defendants and to obtain the available payment account data for receipt of funds paid to Defendants for the sale of counterfeit versions of Plaintiff’s branded products through the Seller IDs and Subject Domain Names. See Han Decl. at ¶ 10; Declaration of Stephen M. Gaffigan in Support of Plaintiff’s Motion for Preliminary injunction (“Gaffigan Decl.”) at ¶ 2; Declaration of Eric Rosaler in Support of Plaintiff’s Motion for Preliminary injunction (“Rosaler Decl.”) at ¶ 3; Declaration of Kathleen Burns in Support of Plaintiff’s Motion for Preliminary injunction (“Burns Decl.”) at ¶ 3.
The Investigative Firms accessed all of the Internet based e-commerce stores, photo albums, and websites operating under Defendants’ Seller IDs and Subject Domain Names and placed an order for the purchase of a product bearing and/or using counterfeits and/or infringements of, at least, one of the Chanel Marks [3] at issue in this action, via each Seller ID and Subject Domain Name, and requested each product be shipped to the Southern District of Florida. See Rosaler Decl. at ¶ 4, nn.1-2; Burns Decl. at ¶ 4, n.1; Gaffigan Decl. at ¶ 2, nn.3-5. Each order was processed entirely online and following the submission of the orders, the Investigative Firms received information for finalizing payment for the products ordered via Defendants’ respective payment accounts [4] and/or payee [5] as identified on Schedule “A” hereto. See Rosaler Decl. at ¶ 4, n.4, and Comp. Ex. 1 thereto; Burns Decl. at ¶ 4, n.2, and Comp. Ex. 1 thereto; Gaffigan Decl. at ¶ 2, n.2. At the conclusion of the process, [6] the detailed web pages and images of the various Plaintiff’s branded products ordered via Defendants’ Seller IDs and Subject Domain Names, together with photographs of products received, were sent to Plaintiff’s representative for inspection. See Rosaler Decl. at ¶¶ 4-5, n.3; Burns Decl. at ¶¶ 4-5; Gaffigan Decl. at ¶ 2, n.1; Han Decl. at ¶¶ 11-13, n.1.
Plaintiff’s representative, who is trained to identify the distinctions between genuine versions of Plaintiff’s branded merchandise and counterfeit copies of the same, conducted a review and visually inspected the detailed web page captures, additional images, and photographs reflecting Plaintiff’s branded products identified and captured by the Investigative Firms, and determined the products were non- genuine, unauthorized versions of Plaintiff’s goods, or used images of authentic products in order to facilitate the sale of non-genuine Plaintiff’s branded products. See Han Decl. at ¶¶ 12-14.
On January 27, 2022, Plaintiff filed its Complaint (ECF No. 1) and on April 11, 2022, its Amended Complaint (ECF No. 18) against Defendants for federal trademark counterfeiting and infringement, false designation of origin, cybersquatting, common law unfair competition, and common law trademark infringement. On January 28, 2022, Plaintiff filed its Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets. (ECF No. 6.) On March 25, 2022, the Honorable Jose E. Martinez issued a Sealed Order Granting Plaintiff’s Ex Parte Application for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets (the “TRO”) (ECF No. 10) and temporarily restrained Defendants from infringing the Chanel Marks at issue, and referring this matter pursuant to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, to the undersigned to take all necessary and proper action as required by law with respect to Plaintiff’s request for a preliminary injunction. (ECF No. 11.) On March 30, 2022, Plaintiff filed its Ex Parte Motion to Continue Hearing Scheduled for April 1, 2022 in Connection with Plaintiff’s Motion for Preliminary Injunction (ECF No. 14), to avoid prejudicing Defendants’ right to appear and respond in a timely fashion, because Plaintiff’s counsel had not received confirmation from any of the applicable financial institutions that Defendants’ accounts had been restrained. On March 31, 2022, the undersigned entered a Sealed Order Granting Motion to Continue Hearing (ECF No. 15), continuing the hearing on Plaintiff’s Motion for Preliminary Injunction until April 13, 2022. Pursuant to the Court’s TRO, Plaintiff properly served Defendants with a copy of the Complaint together with copies of the Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets, the Court’s TRO, the Sealed Order setting hearing on Plaintiff’s Motion for Preliminary Injunction, the Sealed Order Granting Motion to Continue Hearing, and all other pleadings and orders issued in this action, thereby providing notice and copies of all documents on file in this action. (ECF Nos. 20, 21, 22.)
II.
LEGAL STANDARD
To obtain a preliminary injunction, a party must demonstrate (1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered unless the injunction issues; (3) the threatened injury to the movant outweighs whatever damage the proposed injunction may cause the opposing party; and (4) if issued, the injunction would not be adverse to the public interest in order to obtain injunctive relief. Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223, 1225–26 (11th Cir. 2005) (citation omitted).
III.
ANALYSIS
Plaintiff has produced evidence that demonstrates that there is probable cause that consumers are likely to be confused by Defendants’ advertisement, sale, offers for sale, and/or distribution of goods bearing and/or using counterfeits, infringements, reproductions, or colorable imitations of one or more of Plaintiff’s registered trademarks, and that the products Defendants are selling and promoting are copies of Plaintiff’s products that bear copies of Plaintiff’s Marks. Because of the infringement of Plaintiff’s Marks, Plaintiff is likely to suffer immediate and irreparable injury if a preliminary injunction is not granted for the following reasons: (a) Defendants own or control Internet based e-commerce stores or interactive photo albums via a marketplace platform, social media website, and/or image hosting website operating under their seller identification names and/or commercial Internet websites operating under their domain names (collectively the “Seller IDs and Subject Domain Names”) which advertise, promote, offer for sale, or sell products bearing and/or using counterfeit and infringing trademarks in violation of Plaintiff’s rights; (b) there is good cause to believe that more counterfeit and infringing products bearing and/or using Plaintiff’s trademarks will appear in the marketplace; that consumers are likely to be misled, confused, and disappointed by the quality of these products; and that Plaintiff may suffer loss of sales for its genuine products; (c) the balance of potential harm to Defendants in restraining their trade in counterfeit and infringing branded goods if a preliminary injunction is issued is far outweighed by the potential harm to Plaintiff, its reputation, and goodwill as a manufacturer and distributor of quality products, if such relief is not issued; and (d) the public interest favors issuance of the preliminary injunction to protect Plaintiff’s trademark interests and protect the public from being defrauded by the palming off of counterfeit goods as genuine goods of Plaintiff.
Under 15 U.S.C. § 1117(a), Plaintiff may be entitled to recover, as an equitable remedy, the illegal profits gained through Defendants’ distribution and sales of goods bearing counterfeits and infringements of Plaintiff’s Marks. See Reebok Int’l, Ltd. v. Marnatech Enters., Inc., 970 F.2d 552, 559 (9th Cir. 1992) (quoting Fuller Brush Products Co. v. Fuller Brush Co., 299 F.2d 772, 777 (7th Cir. 1962) (“An accounting of profits under § 1117(a) is not synonymous with an award of monetary damages: ‘[a]n accounting for profits . . . is an equitable remedy subject to the principles of equity.’”)). Requesting equitable relief “invokes the district court’s inherent equitable powers to order preliminary relief, including an asset freeze, in order to assure the availability of permanent relief.” Levi Strauss & Co. v. Sunrise Int’l Trading Inc., 51 F.3d 982, 987 (11th Cir. 1995) (citing Federal Trade Commission v. United States Oil and Gas Corp., 748 F.2d 1431, 1433-34 (11th Cir. 1984)). In light of the inherently deceptive nature of the counterfeiting business, and Defendants’ violations of the federal trademark laws, Plaintiff has good reason to believe Defendants will hide or transfer their ill-gotten assets beyond the jurisdiction of this Court unless those assets are restrained.
IV.
CONCLUSION
Accordingly, it is RECOMMENDED that Plaintiff’s Motion for Preliminary Injunction (ECF No. 6) be GRANTED and a Preliminary Injunction be entered as follows:
1. Each Defendant, its officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with any Defendant having notice of this Order are hereby restrained and enjoined, until further Order of this Court:
a. From manufacturing, importing, advertising, promoting, offering to sell, selling, distributing, or transferring any products bearing and/or using the Plaintiff’s Marks, or any confusingly similar trademarks, other than those actually manufactured or distributed by Plaintiff; and
b. From secreting, concealing, destroying, selling off, transferring, or otherwise disposing of: (i) any products, not manufactured or distributed by Plaintiff, bearing the Plaintiff’s Marks, or any confusingly similar trademarks; (ii) any evidence relating to the manufacture, importation, sale, offer for sale, distribution, or transfer of any products bearing and/or using the Plaintiff’s Marks, or any confusingly similar trademarks; or (iii) any assets or other financial accounts subject to this Order, including inventory assets, in the actual or constructive possession of, or owned, controlled, or held by, or subject to access by, any Defendant, including, but not limited to, any assets held by or on behalf of any Defendant.
2. Each Defendant, its officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with any Defendant having notice of this Order shall immediately discontinue, until further order of this Court, the use of Plaintiff’s Marks or any confusingly similar trademarks, on or in connection with all Internet based e-commerce stores, interactive photo albums, and Internet websites owned and operated, or controlled by them, including the Internet based e-commerce stores, interactive photo albums, and Internet websites operating under the Seller IDs and Subject Domain Names.
3. Each Defendant, its officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with any Defendant having notice of this Order shall immediately discontinue, until further order of this Court, the use of Plaintiff’s Marks, or any confusingly similar trademarks, within domain name extensions, metatags or other markers within website source code, from use on any webpage (including as the title of any web page), from any advertising links to other websites, from search engines’ databases or cache memory, and any other form of use of such terms that are visible to a computer user or serves to direct computer searches to Internet based e-commerce stores, interactive photo albums, and Internet websites registered, owned, or operated by any Defendant, including the Internet based e-commerce stores, interactive photo albums, and Internet websites operating under the Seller IDs and Subject Domain Names.
4. Each Defendant shall not transfer ownership of the Seller IDs and Subject Domain Names during the pendency of this Action, or until further Order of the Court.
5. Each Defendant shall continue to preserve copies of all computer files relating to the use of any of the Seller IDs and Subject Domain Names and shall take all steps necessary to retrieve computer files relating to the use of the Seller IDs and Subject Domain Names that may have been deleted before the entry of this Order.
6. Upon Plaintiff’s request, the privacy protection service for any of the Subject Domain Names for which the registrant uses such privacy protection service to conceal the registrant’s identity and contact information is ordered to disclose, to the extent not already done, to Plaintiff the true identities and contact information of those registrants.
7. Upon Plaintiff’s request, any Internet marketplace website operators and/or administrators who are provided with notice of this Order, including but not limited to Amazon.com, Inc., shall, to the extent not already done, immediately cease fulfillment of and sequester Defendants’ inventory assets corresponding to the ASINs identified on Schedule “A” hereto presently in its inventory, possession, custody, or control, and impound such goods in trust for the Court during the pendency of this Action.
8. Upon receipt of notice of this Order, Defendants and all financial institutions, payment processors, banks, escrow services, money transmitters, or marketplace platforms, including but not limited to, Amazon Payments, Inc. (“Amazon”), PayPal, Inc. (“PayPal”), Stripe, Inc. (“Stripe”), and their related companies and affiliates shall, to the extent not already done, (i) immediately identify all financial accounts and/or sub-accounts, associated with the Internet based e- commerce stores, photo albums, and Internet websites operating under the Seller IDs and Subject Domain Names, the PayPal payees, store numbers, merchant identification numbers, infringing product numbers, order numbers, and/or the e- mail addresses identified on Schedule “A” hereto, as well as any other related accounts of the same customer(s); (ii) identify all other accounts which transfer funds into the same financial institution account(s) and/or any of the other financial accounts subject to this Order; (iii) restrain the transfer of all funds, as opposed to ongoing account activity, held or received for their benefit or to be transferred into their respective financial accounts, and any other financial accounts tied thereto; and (iv) immediately divert those restrained funds to a holding account for the trust of the Court.
9. Upon receipt of notice of this Order, Defendants and all financial institutions, payment processors, banks, escrow services, money transmitters, or marketplace platforms, including but not limited to, Amazon, PayPal, Stripe, and their related companies and affiliates, shall further, to the extent not already done, within five business days of receiving notice of this Order, provide Plaintiff’s counsel with all data that details (i) an accounting of the total funds restrained and identify the financial account(s) and sub-account(s) which the restrained funds are related to, and (ii) the account transactions related to all funds transmitted into the financial account(s) and sub-account(s) which have been restrained. No funds restrained by this Order shall be transferred or surrendered by any financial institution, payment processor, bank, escrow service, money transmitter, or marketplace website, including but not limited to, Amazon, PayPal, Stripe, and their related companies and affiliates for any purpose (other than pursuant to a chargeback made pursuant to their security interest in the funds) without the express authorization of this Court.
10. This Order shall apply to the Seller IDs and Subject Domain Names, associated e-commerce stores, photo albums, and websites, and any other seller identification names, e-commerce stores, photo albums, private messaging accounts, domain names and websites, or financial accounts which are being used by Defendants for the purpose of counterfeiting Plaintiff’s Marks at issue in this action and/or unfairly competing with Plaintiff.
11. Any Defendant or financial institution account holder subject to this Order may petition the Court to modify the asset restraint set out in this Order. 12. As a matter of law, this Order shall no longer apply to any Defendant or associated e-commerce store, photo album, or domain name dismissed from this action or as to which Plaintiff has withdrawn its request for a preliminary injunction.
13. Pursuant to 15 U.S.C. § 1116(d)(5)(D) and Federal Rule of Civil Procedure 65(c), Plaintiff shall maintain its previously posted a bond in the amount of Ten Thousand Dollars and Zero Cents ($10,000.00), as payment of damages to which Defendants may be entitled for a wrongful injunction or restraint, during the pendency of this action, or until further Order of the Court. In the Court’s discretion, the bond may be subject to increase should an application be made in the interest of justice.
14. Additionally, for the purpose of providing additional notice of this proceeding, and all other pleadings, orders, and documents filed herein, the owners, operators, and/or administrators of the Internet marketplace websites, social media and image hosting websites, messaging services, and/or financial institutions, payment processors, banks, escrow services, money transmitters, or marketplace platforms, including but not limited to, Amazon.com, Inc., PayPal, Stripe, Instagram.com, Facebook.com, Yupoo.com, and their related companies and affiliates shall, to the extent not already done, at Plaintiff’s request, provide Plaintiff’s counsel with any e-mail addresses known to be associated with Defendants’ respective Seller IDs and Subject Domain Names.
15. This Order shall remain in effect during the pendency of this action, or until such further date as set by the Court or stipulated to by the parties. The parties will have fourteen (14) days from the date of being served with a copy of this Report and Recommendation within which to file written objections, if any, with the Honorable Jose E. Martinez, United States District Judge. Failure to file objections timely shall bar the parties from a de novo determination by the District Judge of an issue covered in the Report and shall bar the parties from attacking on appeal unobjected-to factual and legal conclusions contained therein, except upon grounds of plain error if necessary in the interest of justice. See 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989); 11th Cir. R. 3-1.
DONE AND SUBMITTED at Fort Lauderdale, Florida, this 13th day of April, 2022. Copies furnished to: All Counsel of Record
SCHEDULE A: DEFENDANTS BY NUMBER, SELLER ID, SUBJECT DOMAIN NAME, RESPECTIVE FINANCIAL INFORMATION, AND ADDITIONAL MEANS OF CONTACT Defendant / ASIN / Def. Financial Account / Store No. PayPal Additional Means of Social Media Seller ID / Subject Infringing No. / Merchant ID Payee Contact URL Domain Name Product No. B09NMCKHQ Y B09NMCSTH
1 Artpetur A39A0ZAK4KB08X G
B09LQB68TQ
2 NNellystore A1R3TJYA9OS0RT B09LQC2JZF runhan(shandong) shengtaikejiyouxia B09NL82X7D
3 ngongsi A13CTENEJR4ZR4 B09NL7Q5TP 4 sikeda A32L8UORII8Z6F B09GFNJ5V4
B09JKKJXVT
5 Vatmin jewelry A3TAVYE3ZILESQ B09JKL4B7P 6 Wululili A3Q73WS1H2JRTH B09LY9R9JW
WhatsApp: 86 18102605582 brandnicole@foxmail.co m
7 bestleatherspro shuqing99@live.com DM WhatsApp: 86 chanel.lv_gucci 15218813229 aka WhatsApp: 86
8 chenzhiwen9667 547548758@qq.com 15920549483 WhatsApp: 852 9 coco_chanle_pk 949068206@qq.com 60416506 WhatsApp: 86 10 linxiaomi11 1515250428@qq.com 16762769488 WhatsApp: 90 11 luxurystore_03 gurf252@gmail.com 5545631536 WhatsApp: (470) maggie.design2.0 531-9754 aka adaluxuryru shifen8086@hotmail.com luxuryacces88@gmail.co
12 aka buywrist.com jiujiu3496@hotmail.com m the_heart_of_turk WhatsApp: 90 13 ey basselhalabi1990@gmail.com 5385415007 xiaohui8148 aka d2pp-balmain- WhatsApp: 86
14 image 574462982@qq.com 15919935326 WhatsApp: 86 15 zhongxiao2021 13528755057@163.com 15113574464 WhatsApp: 86 123belt321 18838657229 aka 158885885889 WhatsApp: 86
16 aka 666bags666 a15602607151@163.com 15716614806 Defendant / ASIN / Def. Financial Account / Store No. PayPal Additional Means of Social Media Seller ID / Subject Infringing No. / Merchant ID Payee Contact URL Domain Name Product No. WhatsApp: 86 15618190728 WhatsApp: 86
17 1518790747 1010057688@qq.com 17739504544 gobrandstorealbu WhatsApp: 92 18 ms Iramghous786@gmail.com 3056748554 WhatsApp: 86 19 lucky06688 572637085@qq.com 13802224026 WhatsApp: 44 7830933204 WhatsApp: 86
muyuxue 15138463930 20 aka shionly.com 380115148@qq.com admin@shionly.com WhatsApp: 86 21 18620496381 874024289@qq.com 15812318793 https://www.fa cebook.com/gro
WhatsApp: 86 ups/237171447 22 Nrasiont Boieaint 1535338261@qq.com 18156101374 532465 https://www.fa cebook.com/Su pplier-for-
WhatsApp: 86 clothes- Supplier for 13287795531 155071663325 23 clothes sales@meetclassic.com disun795@gmail.com 015/ https://www.fa cebook.com/pr ofile.php?id=1
XS Huang WhatsApp: 86 000690010769 24 aka 1254326333 1254326333@qq.com 15119553961 22 LINE ID: nesageshop 25 casemall.jp 149821085@qq.com sale@casemall.jp casetie@163.com 26 casetie.com 840470218@qq.com info@casetie.com support@casezystore.co m
27 casezystore.com akbarbarsyah20@gmail.com casezy19@gmail.com workshopchanel@gmail. com WhatsApp: 852 5766
28 chanelws.com 727003320@qq.com 6352 designerbrands.sto WhatsApp: 372 29 re nealund@yahoo.com 53962653 WhatsApp: 15612929603 Service@dtcbags.com heatsshopline@heatstec
30 dtcgoods.shop wenzi@heatstech.net h.net Kempkayeeb04245@gm 31 geatye.shop suxinying121@outlook.com ail.com Defendant / ASIN / Def. Financial Account / Store No. PayPal Additional Means of Social Media Seller ID / Subject Infringing No. / Merchant ID Payee Contact URL Domain Name Product No. WhatsApp: 86 13766668888 WhatsApp: 86 16526551722 doagonfly225@gmail.co
32 gucchanel.shop ccventech@gmail.com m PayPal Account: 48698285@qq.com Stripe Order ID: # 311191608 Date: 11/19/2021 Payment: Credit Card Total: $38.83 Description: LUXECASE
EASTERN DISTR 11/19
Product Name: Simple designer iphone case with wallet
33 hortory.com Color: Red Model: iPhone 11 Chengdu FancyGlasses.y@gmail. irenedaystore.com Yidingtong com aka eyes- Merchant ID: Technology WhatsApp: 852
34 window.com D2RUHH9CWKAVS Co., Ltd. 64743479 kempkayeeb04245@gm ail.com
PayPal Account: linqingqqing88@gmail.c iyostore.com cbkanbn@hotmail.com Shengjuan om aka lzoshop.com Merchant ID: Technology dealerbernadette84482
35 aka gaeshoe.com EU7UJX3PSKF2E Co., Ltd. 7@gmail.com luxurypicker@gmail.co m mymuchchic@gmail.co
36 luxurypicker.com 1239883868@qq.com m 37 maxstyles.shop xujing0102@outlook.com contactiboxr@gmail.com
contacts@monvanti.com monvanti.store@gmail.c om contacts@fancyclassy.co
38 monvanti.com thakibifashion@hotmail.com m service@shopybag.net WhatsApp 86
39 shopybag.net dengqinxueyun@outlook.com 18679630930 Stripe Order No.: 5602 Date: 11/30/2021 Payment: Credit Card Total: $170.00 Description: STYBAG.COM
LONDON 11/30
Product Title: Black Grained support@stybag.com Calfskin Small Flap Wallet - WhatsApp:
40 stybag.com Women's Wallet × 1 15622692257 Defendant / ASIN / Def. Financial Account / Store No. PayPal Additional Means of Social Media Seller ID / Subject Infringing No. / Merchant ID Payee Contact URL Domain Name Product No. WhatsApp: 86 Bobrookes@hotmail.com 18958661208 41 xtopbuy.com grethermark@yahoo.com xtopbuy@hotmail.com Merchant ID: Beltpic.co 42 beltpic.com 7YS2UTMZAPTV4 m yarakkurek@gmail.com LaceyCarneyowh@vfemail.ne 43 cnpvg.com t service@cnpvg.com doagonlfly225@gmail.co 44 dotiybag.com 283912025@qq.com m 利川市溪水 漫柏 电子商 务有限公司 (Lichuan Xishui Manbai Electronic
Merchant ID: Commerce 45 lllcase.com 5MW9BXG4U9KF4 Co., Ltd.) service@lllcase.com 46 rtycu.com patriciavazquez@vfamail.com service@rtycu.com
Changbo Merchant ID: Daxing 47 seline.shop NJHU6T6VLWKWL Trading contactiboxr@gmail.com Leon_Ericksonumj@vfemail.n 48 sfhli.com et sfhli@sfhli.com 广州森自商 贸商行 (Guangzho u Senzi
Merchant ID: Commercia 49 srtyjdsrt.shop DNTNCBQR6EMZ8 l Firm) info@hottielifeshop.com Stripe Order No. 493332 Date: 10/21/2021 Total: $26.94 admin@TheGeekGifts.c Payment Method: Visa CC om Description: CRUSHPRINTS support@crushprints.co Product Title: Fall Autum m
50 thegeekgifts.com Chanel T-Shirt admin@tiktify.com https://www.fa cebook.com/gro
vavavy@protonmail.com ups/152524879 vavavy.com hengkai@protonmail.ch 639232/posts/3 aka luruxy brand WhatsApp: 86 229592159291
51 handbags 1029595092@qq.com 13923924149 30/ 52 vovolady.com GwynTernence@outlook.com contact@vovoyiss.com 53 wossoy.com service@brankber.com service@wossoy.com
underwoodstephen@vfamail.c 54 xdbilp.com om service@xdbilp.com Defendant / ASIN / Def. Financial Account / Store No. PayPal Additional Means of Social Media Seller ID / Subject Infringing No. / Merchant ID Payee Contact URL Domain Name Product No. Store No.: 21675871 PayPal Account: WhatsApp: 86
55 ailemei502 yangyang502429@163.com 740098688 15675871602 Store No.: 21729135 PayPal Account:
56 cc1874 1003111416@qq.com 734390541 [1]
NOTES
[1] Defendants are the individuals, business entities, or unincorporated associations identified on Schedule “A” hereto.
[2] The facts herein are taken from Plaintiff’s Amended Complaint (ECF No. 18) and Plaintiff’s Motion for Preliminary Injunction (ECF No. 6).
[3] AED Investigations, Inc., received products purchased from some of the Defendants and verified each bore at least one of Chanel’s Marks in its entirety. See Rosaler Decl. at ¶ 4, n.3.
[4] Defendants 7-39, 41-49, and 51-54 operate their Seller IDs via Instagram.com, Facebook.com, or Yupoo.com, or their Subject Domain Names via commercial websites, and use money transfer and retention services with PayPal, Inc. (“PayPal”) as a method to receive monies generated through the sale of counterfeit products. See Rosaler Decl. at ¶ 4, n.6; Burns Decl. at ¶ 4, n.3; Gaffigan Decl. at ¶ 6. The Investigative Firms obtained PayPal payees and corresponding PayPal Merchant Identification Numbers (“Merchant IDs”) from some of these Defendants, instead of PayPal financial accounts in the form of e-mail addresses. See Rosaler Decl. at n.6; Burns Decl. at n.3. Defendant 33 operates a commercial website and utilizes Stripe, Inc. (“Stripe”), a third-party payment processing service, in addition to PayPal. See Rosaler Decl. at n.6; Gaffigan Decl. at ¶ 6. Defendants 55 and 56 who operate via the non-party e- commerce marketplace platform, DHgate.com, use money transfer and retention services with PayPal as an additional payment method. See id.
[5] Defendants 1-6 operate via the non-party e-commerce marketplace platform, Amazon.com. Amazon.com is an e-commerce marketplace that allows Defendants to conduct their commercial transactions privately via Amazon’s payment processing and retention service, Amazon Payments, Inc. See Rosaler Decl. at ¶ 4, n.5; Gaffigan Decl. at ¶ 5. Defendants 40 and 50 operate commercial websites under their respective Subject Domain Names, and utilize Stripe, a third-party payment processing service. See Rosaler Decl. at ¶ 4, n.5; Burns Decl. at ¶ 4, n.4; Gaffigan Decl. at ¶ 7.
[6] The e-mail addresses and other means of electronic contact provided by Defendants in connection with their Seller IDs and Subject Domain Names, including any e-mail addresses used to communicate with the Investigative Firms, are included in Schedule “A” annexed hereto. See Gaffigan Decl. at ¶ 3, n.6; Rosaler Decl. at ¶ 4, n.7; Burns Decl. at ¶ 4, n.5.