Case Information
*1 UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION Case Number: 22-60194-CIV-MARTINEZ-SNOW CHANEL, INC., Plaintiff, v. THE INDIVIDUALS, BUSINESS ENTITIES, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE “A,”
Defendants. / ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
THE MATTER was referred to the Honorable Lurana S. Snow, United States Magistrate Judge, for a Report and Recommendation on Plaintiff’s Motion for Preliminary Injunction (the “Motion”), (ECF No. 6). (ECF No. 11.) Magistrate Judge Snow filed a Report and Recommendation, (ECF No. 29), recommending that the Motion be granted, as set forth herein. This Court has reviewed the record and notes that no objections have been filed, and the time to do so has passed. Accordingly, after careful consideration, it is
ADJUDGED that United States Magistrate Judge Snow’s Report and Recommendation, (ECF No. 29), is AFFIRMED AND ADOPTED. Accordingly, it is ORDERED AND ADJUDGED that the Motion, (ECF No. 6), is GRANTED 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 *2 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- *3 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 *4 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.
*5 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 *6 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. DONE AND ORDERED in Chambers at Miami, Florida, this 28th day of April, 2022. ________________________________________ JOSE E. MARTINEZ UNITED STATES DISTRICT JUDGE
Copies provided to: Magistrate Judge Snow All Counsel of Record
*7 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.
B09NMCKHQY
1 Artpetur A39A0ZAK4KB08X B09NMCSTHG
B09LQB68TQ
2 NNellystore A1R3TJYA9OS0RT B09LQC2JZF runhan(shandong)she ngtaikejiyouxiangong B09NL82X7D
3 si A13CTENEJR4ZR4 B09NL7Q5TP 4 sikeda A32L8UORII8Z6F B09GFNJ5V4
B09JKKJXVT
5 Vatmin jewelry A3TAVYE3ZILESQ B09JKL4B7P 6 Wululili A3Q73WS1H2JRTH B09LY9R9JW
WhatsApp: 86 18102605582 brandnicole@foxmail.com
7 bestleatherspro shuqing99@live.com DM WhatsApp: 86 15218813229
chanel.lv_gucci WhatsApp: 86 8 aka chenzhiwen9667 547548758@qq.com 15920549483 9 coco_chanle_pk 949068206@qq.com WhatsApp: 852 60416506
WhatsApp: 86 10 linxiaomi11 1515250428@qq.com 16762769488 11 luxurystore 03 gurf252@gmail.com WhatsApp: 90 5545631536
maggie.design2.0 aka adaluxuryru shifen8086@hotmail.com WhatsApp: (470) 531-9754
12 aka buywrist.com jiujiu3496@hotmail.com luxuryacces88@gmail.com 13 the heart of turkey basselhalabi1990@gmail.com WhatsApp: 90 5385415007
xiaohui8148 aka d2pp-balmain- WhatsApp: 86
14 image 574462982@qq.com 15919935326 WhatsApp: 86 15 zhongxiao2021 13528755057@163.com 15113574464 WhatsApp: 86 18838657229 WhatsApp: 86
123belt321 15716614806 aka 158885885889 WhatsApp: 86
16 aka 666bags666 a15602607151@163.com 15618190728 WhatsApp: 86 17 1518790747 1010057688@qq.com 17739504544 18 gobrandstorealbums Iramghous786@gmail.com WhatsApp: 92 3056748554
WhatsApp: 86 19 lucky06688 572637085@qq.com 13802224026 muyuxue WhatsApp: 44 7830933204 20 aka shionly.com 380115148@qq.com WhatsApp: 86 *8 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. 15138463930 admin@shionly.com WhatsApp: 86
21 18620496381 874024289@qq.com 15812318793 https://www.face book.com/group
WhatsApp: 86 s/237171447532 22 Nrasiont Boieaint 1535338261@qq.com 18156101374 465 https://www.face book.com/Suppli
WhatsApp: 86 er-for-clothes- 13287795531 1550716633250
23 Supplier for clothes sales@meetclassic.com disun795@gmail.com 15/ https://www.face book.com/profile
XS Huang WhatsApp: 86 .php?id=100069 24 aka 1254326333 1254326333@qq.com 15119553961 001076922 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.com 27 casezystore.com akbarbarsyah20@gmail.com casezy19@gmail.com workshopchanel@gmail.co m
28 chanelws.com 727003320@qq.com WhatsApp: 852 5766 6352 29 designerbrands.store nealund@yahoo.com WhatsApp: 372 53962653
WhatsApp: 15612929603 Service@dtcbags.com heatsshopline@heatstech n
30 dtcgoods.shop wenzi@heatstech net et Kempkayeeb04245@gmail 31 geatye.shop suxinying121@outlook.com .com WhatsApp: 86 13766668888 WhatsApp: 86 16526551722
32 gucchanel.shop ccventech@gmail.com doagonfly225@gmail.com 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 irenedaystore.com FancyGlasses.y@gmail.co aka eyes- Merchant ID: Chengdu m
34 window.com D2RUHH9CWKAVS Yidingtong WhatsApp: 852 64743479 *9 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. Technology Co., Ltd.
kempkayeeb04245@gmail. com linqingqqing88@gmail.co
iyostore.com PayPal Account: Shengjuan m aka lzoshop.com cbkanbn@hotmail.com Technology dealerbernadette844827@g
35 aka gaeshoe.com Merchant ID: EU7UJX3PSKF2E Co., Ltd. mail.com luxurypicker@gmail.com 36 luxurypicker.com 1239883868@qq.com mymuchchic@gmail.com 37 maxstyles.shop xujing0102@outlook.com contactiboxr@gmail.com
contacts@monvanti.com monvanti.store@gmail.com
38 monvanti.com thakibifashion@hotmail.com contacts@fancyclassy.com 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 Calfskin Small Flap Wallet - support@stybag.com
40 stybag.com Women's Wallet × 1 WhatsApp: 15622692257 WhatsApp: 86 Bobrookes@hotmail.com 18958661208 41 xtopbuy.com grethermark@yahoo.com xtopbuy@hotmail.com Merchant ID: 42 beltpic.com 7YS2UTMZAPTV4 Beltpic.com yarakkurek@gmail.com 43 cnpvg.com LaceyCarneyowh@vfemail.net service@cnpvg.com 44 dotiybag.com 283912025@qq.com doagonlfly225@gmail.com 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 48 sfhli.com Leon_Ericksonumj@vfemail.net sfhli@sfhli.com 广州森自商
Merchant ID: 贸商行 49 srtyjdsrt.shop DNTNCBQR6EMZ8 info@hottielifeshop.com *10 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. (Guangzhou Senzi Commercial Firm)
Stripe Order No. 493332 Date: 10/21/2021 Total: $26.94 Payment Method: Visa CC Description: CRUSHPRINTS admin@TheGeekGifts.com Product Title: Fall Autum Chanel support@crushprints.com
50 thegeekgifts.com T-Shirt admin@tiktify.com https://www.face vavavy@protonmail.com book.com/group vavavy.com hengkai@protonmail.ch s/152524879639 aka luruxy brand WhatsApp: 86 232/posts/32295
51 handbags 1029595092@qq.com 13923924149 9215929130/ 52 vovolady.com GwynTernence@outlook.com contact@vovoyiss.com 53 wossoy.com service@brankber.com service@wossoy.com 54 xdbilp.com underwoodstephen@vfamail.com service@xdbilp.com
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