Case Information
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MICHAEL SALCEDO, Plaintiff, Case No. 25-cv-03311 v. THE PARTNERSHIPS and Judge Manish S. Shah UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A,
Defendants. SEALED TEMPORARY RESTRAINING ORDER
Plaintiff Michael Salcedo, (“Plaintiff”) filed an Ex Parte Motion for Entry of a Temporary Restraining Order and Other Relief (the “Motion”) against the fully interactive, e-commerce stores [1] operating under the seller aliases identified in Schedule A to the Complaint and attached hereto (collectively, “Defendants”) and using the online marketplace accounts identified in Schedule A (the “Online Marketplaces”). After reviewing the Motion and the accompanying record, this Court GRANTS Plaintiff’s Motion as follows.
This Court finds, in the absence of adversarial presentation, that Defendants have sold products using infringing and counterfeit versions of Plaintiff’s federally registered copyrights (the “Plaintiff Copyrights”). Lists of the Plaintiff Copyrights are shown in the table below.
COPYRIGHTS Title Reg. No. Date Alphabet Lore PA0002382244 2022 Alphabet Lore Style Guide VAu001541833 2024 This Court also finds that issuing this Order without notice pursuant to Rule 65(b)(1) of the Federal Rules of Civil Procedure is appropriate because Plaintiff has presented specific facts in the Declaration of Stewart Miller in support of the Motion and accompanying evidence clearly showing that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition. Specifically, in the absence of an ex parte Order, Defendants could and likely would move redirect account information, defeating Plaintiff’s effort to identify Defendants and enforce his copyrights. Accordingly, this Court orders that: 1. Defendants, their officers, agents, servants, employees, attorneys, and all persons acting
for, with, by, through, under, or in active concert with them be temporarily enjoined and restrained from: a. using the Plaintiff Copyrights or any reproductions, counterfeit copies, or colorable
imitations in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine Plaintiff product or not authorized by Plaintiff to be sold in connection with the Plaintiff Copyrights;
b. passing off, inducing, or enabling others to sell or pass off any product as a genuine Plaintiff product or any other product produced by Plaintiff, that is not Plaintiff’s or not produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale under the Plaintiff Copyrights;
c. committing any acts calculated to cause consumers to believe that Defendants’ products are those sold under the authorization, control, or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff; and
d. manufacturing, shipping, delivering, holding for sale, transferring or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory not manufactured by or for Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and which bear any of the Plaintiff Copyrights, or any reproductions, counterfeit copies, or colorable imitations.
2. Plaintiff is authorized to issue expedited written discovery to Defendants, pursuant to Federal Rules of Civil Procedure 33, 34, and 36, related to: a. the identities and locations of Defendants, their officers, agents, servants, employees,
attorneys, and any persons acting in active concert or participation with them, including all known contact information and all associated e-mail addresses;
b. the nature of Defendants’ operations and all associated sales, methods of payment for services, and financial information, including, without limitation, identifying information associated with the Online Marketplaces and Defendants’ financial accounts, including Defendants’ sales and listing history related to their respective Online Marketplaces; and
c. any financial accounts owned or controlled by Defendants, including their officers, agents, servants, employees, attorneys, and any persons acting in active concert or participation with them, including such accounts residing with or under the control of any banks, savings and loan associations, payment processors or other financial institutions, including, without limitation, PayPal, Inc. (“PayPal”), Alipay, ContextLogic Inc. d/b/a Wish.com (“Wish.com”), Alibaba Group Holding Ltd. (“Alibaba”), Ant Financial Services Group (“Ant Financial”), Amazon Pay, or other merchant account providers, payment providers, third party processors, and credit card associations (e.g., MasterCard and VISA).
3. Upon Plaintiff’s request, any third party with actual notice of this Order who is providing services for any of the Defendants, or in connection with any of Defendants’ Online Marketplaces, including, without limitation, any online marketplace platforms such as eBay, Inc., AliExpress, Alibaba, Amazon.com, Inc., Wish.com, and Dhgate (collectively, the “Third Party Providers”), shall, within seven (7) calendar days after receipt of such notice, provide to Plaintiff expedited discovery, limited to copies of documents and records in such person’s or entity’s possession or control sufficient to determine: a. the identities and locations of Defendants, their officers, agents, servants, employees,
attorneys, and any persons acting in active concert or participation with them, including all known contact information and all associated e-mail addresses;
b. the nature of Defendants’ operations and all associated sales, methods of payment for services, and financial information, including, without limitation, identifying information associated with the Online Marketplaces and Defendants’ financial accounts, including Defendants’ sales and listing history related to their respective Online Marketplaces; and
c. any financial accounts owned or controlled by Defendants, including their officers, agents, servants, employees, attorneys, and any persons acting in active concert or participation with them, including such accounts residing with or under the control of any banks, savings and loan associations, payment processors or other financial institutions, including, without limitation, PayPal, Alipay, Wish.com, Alibaba, Ant Financial, Amazon Pay, or other merchant account providers, payment providers, third party processors, and credit card associations (e.g., MasterCard and VISA).
4. Upon Plaintiff’s request, those with notice of this Order, including the Third Party Providers as defined in Paragraph 5, shall within seven (7) calendar days after receipt of such notice, disable and cease displaying any advertisements used by or associated with Defendants in connection with the sale of counterfeit and infringing goods using the Plaintiff Copyrights.
5. Any Third Party Providers, including PayPal, Alipay, Alibaba, Ant Financial, Wish.com, and Amazon Pay, shall, within seven (7) calendar days of receipt of this Order: a. locate all accounts and funds connected to Defendants’ seller aliases, including, but not
limited to, any financial accounts connected to the information listed in Schedule A hereto and any e-mail addresses provided for Defendants by third parties; and
b. restrain and enjoin any such accounts from transferring or disposing of any funds traceable to the proceeds of products using the Plaintiff Copyrights, until further order by this Court, or the expiration of this order, whichever is earlier.
6. Plaintiff may provide notice of the proceedings in this case to Defendants, including notice of the preliminary injunction hearing, service of process pursuant to Fed. R. Civ. P. 4(f)(3), and any future motions, by electronically publishing a link to the Complaint, this Order, and other relevant documents on a website and by sending an e-mail with a link to said website and any e-mail addresses provided for Defendants by third parties. The Clerk of the Court is directed to issue a single original summons in the name of “The Partnerships and Unincorporated Associations Identified on Schedule A and all other Defendants identified in the Complaint” that shall apply to all Defendants. The combination of providing notice via electronic publication and e-mail, along with any notice that Defendants receive from payment processors, shall constitute notice reasonably calculated under all circumstances to apprise Defendants of the pendency of the action and afford them the opportunity to present their objections.
7. Plaintiff must provide notice to Defendants of any motion for preliminary injunction as required by Rule 65(a)(1). 8. Plaintiff’s Schedule A to the Complaint [Dkt. 2], and Exhibits of Evidence [Dkt. 9], and this Order shall remain sealed until further order by this Court or until the Order expires, whichever occurs earlier.
9. Within fourteen (14) calendar days of entry of this Order, Plaintiff shall deposit with the Court $90,000, either law firm check, cash or surety bond, as security, which amount has, in the absence of adversarial testing, been deemed adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder.
10. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order as permitted by and in compliance with the Federal Rules of Civil Procedure and the Northern District of Illinois Local Rules.
11. This Temporary Restraining Order without notice is entered on this 7th day of April 2025 and shall remain in effect for fourteen (14) calendar days. _________________________________________ Manish S. Shah United States District Judge
SCHEDULE A
No Defendant Name Seller URL 1 Dongguan Yimeiyuan Gifts Co., Ltd. ymygifts.en.alibaba.com/index.html 2 Guangzhou Shangxinsheng Gift Co., Ltd. shangxstoys.en.alibaba.com/minisitee
ntrance.html 3 Shanghai Qianjiu Trading Co., Ltd. happyplush.en.alibaba.com/minisiteen trance.html 4 Shanghai Zheyi Trading Co., Ltd. shzheyi.en.alibaba.com/minisiteentran ce.html 5 Shenzhen Shine Technology Co., Ltd. shinetoys.en.alibaba.com/index.html 6 Wuhan Linkong Import And Export Co., Ltd. whlinkon.en.alibaba.com/index.html 7 Yangzhou Tong Caiyan International Trade Co., yztcy.en.alibaba.com/minisiteentrance
Ltd. .html 8 Anime Peripheral Store Store aliexpress.com/store/1102846495 9 Dorothy Store aliexpress.com/store/1103468401 10 Fancy Anime Store aliexpress.com/store/1102372296 11 Kids Colorful Store aliexpress.com/store/1102749047 12 Lucky House Toy Store aliexpress.com/store/1102529393 13 OKALLA Toy Store aliexpress.com/store/110584 14 QM 6 Jewelry Store aliexpress.com/store/1102220118 15 Shop1102764491 Store aliexpress.com/store/1102812589 16 Shop1102846821 Store aliexpress.com/store/1102841820 17 Shop1104637031 Store aliexpress.com/store/1104637032 18 FQTrypd amazon.com/sp?seller=A2IZRY9STV
NKVW
19 GIFTRAD amazon.com/sp?seller=A3BH2SSX93
GV8D
20 Gogosha's homestore amazon.com/sp?seller=A3BWH43HP
UCYZ7
21 GracesDawn amazon.com/sp?seller=AFEE50V54J
NH4
22 HA HUY KHANH01 amazon.com/sp?seller=A7AR9VD8C
53DX
23 HDEDRT amazon.com/sp?seller=AY2G06K3O
YHFM
24 morenbaihuomaoyi amazon.com/sp?seller=A3VH2CX8Y
6S055
25 pxlrypd amazon.com/sp?seller=A32GSOW0S
PKNEC
26 ququwangwang amazon.com/sp?seller=A2DR271JF6
W2LT
27 Roundtra amazon.com/sp?seller=A25Q3TMRU
EIABZ
No Defendant Name Seller URL 28 shen zhen shi xin zhi jia mao yi you xian gong si amazon.com/sp?seller=A1RSLHC3E
F9X2D
29 yuzhoushizhiyimaoyiyouxiangongsi amazon.com/sp?seller=A1MLWMG6
SGF76U
30 ZLNDD amazon.com/sp?seller=A7D1KBA9E
16JB
玄振日用百 货 31 amazon.com/sp?seller=AE7ECDLLL
R24A
32 security11 dhgate.com/store/21484970 33 fnaoinfaf ebay.com/str/fnaoinfaf 34 garykenzo ebay.com/str/garykenzo 35 harley201707 ebay.com/str/harley201707 36 moongodd ebay.com/str/moongodd 37 mototalk2011 ebay.com/str/mototalk 38 pehu_6515 ebay.com/str/pehu6515 39 sunshine-639 ebay.com/str/sunshine639 40 tuanp98 ebay.com/str/tuanp98 41 ygh_54 ebay.com/str/ygh54?_tab=about 42 zhiwa-6556 ebay.com/str/zhiwa6556 43 Australia Gifts australia-gifts.myshopify.com/ 44 Chamberland Homes chamberlandhomes.com.au/en-us 45 City Kidz Toys citykidztoys.com/ 46 Giftod giftod.com/ 47 Honeylives honeylives.com/ 48 Olashirt olashirt.com/ 49 plushstore plushstore.com/ 50 Seseable seseable.com/ 51 TEACHERABC teacherabc.com/ 52 Teachersgram teachersgram.com/ 53 TEES.DESIGN tees.design/ 54 Toyland EU toylandeu.com/ 55 Webfishing Plush webfishingplush.com/ 56 woowcool woowcool.com/ 57 Handsome outfit temu.com/-outfit-m-
634418220646314.html 58 High quality men temu.com/high-quality-men-m- 634418219609456.html 59 LHH shirt temu.com/lhh-shirt-m- 634418218887489.html 60 LY Casual mens clothing temu.com/--m- 634418219372739.html 61 Machooy temu.com/machooy-m- 634418217549816.html No Defendant Name Seller URL 62 Tee Era temu.com/tee-era-m-
634418220062037.html 63 WUXHS temu.com/wuxhs-m- 634418218957462.html 64 ZIFAN ART local temu.com/-art-local-m- 634418220354422.html 65 aklmy walmart.com/global/seller/102634755 /cp/shopall 66 Anriop walmart.com/global/seller/101654778 67 Bailingrui shop walmart.com/global/seller/101631336
/cp/shopall 68 BAOshuiza walmart.com/global/seller/101696767 69 ChenJuXiang walmart.com/global/seller/102520794 70 Chiyuchao Co., Ltd. walmart.com/global/seller/102498654 71 chongi walmart.com/global/seller/101690994 72 DengChengLin walmart.com/global/seller/101585486
/cp/shopall 73 ENGUAN walmart.com/global/seller/102652934 74 FanSyZe walmart.com/global/seller/102533674 75 GenuineGoodsHub walmart.com/global/seller/102615395 76 guangzhoukaimuxianshangmao walmart.com/global/seller/102631669 77 HETUIWLO walmart.com/global/seller/101630952 78 hiLiChengQuQianKouRongShangM walmart.com/global/seller/101675235 79 JIANXIONG SHOP walmart.com/global/seller/102630245
/cp/shopall 80 lizhengwei0101 walmart.com/global/seller/101616008 81 maozhandianzishangwu walmart.com/global/seller/102615395
/cp/shopall 82 quanzhoushifengzequxiaonengxindianzishangw walmart.com/global/seller/101663442 uyouxiangongsi 83 shallalala walmart.com/global/seller/102617258 84 TIEGUZHENGZHENG walmart.com/global/seller/101659209
/cp/shopall 85 Vivay walmart.com/global/seller/101594600 86 xinjiuzx walmart.com/global/seller/102616417 87 YanTaiLiYiNan walmart.com/global/seller/101629988 88 youguansheng walmart.com/global/seller/102481829 89 ZhouWenJieWireless walmart.com/global/seller/102495797
/cp/shopall 90 ZRAKCHER walmart.com/seller/101525252
NOTES
[1] The e-commerce store urls are listed on Schedule A hereto under the Online Marketplaces.