UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK SOL DE JANEIRO USA INC. and SOL DE
JANEIRO IP, INC.,
Civil Action No. 1:25-cv-06268 Plaintiffs,
v. [PROPOSED] TEMPORARY
RESTRAINING ORDER AND AMERICAN INSTINCT INC. D/B/A COLGVITA ORDER TO SHOW CAUSE FOR
AND D/B/A UNIFULL, A PRELIMINARY
INJUNCTION Defendant.
Plaintiffs Sol de Janeiro USA Inc. and Sol de Janeiro IP, Inc. (“Plaintiffs”) have moved
against Defendant American Instinct Inc. d/b/a ColgVita and Unifull (“Defendant”) for a
Temporary Restraining Order and Order to Show Cause for a Preliminary Injunction. The Court,
having reviewed the Complaint, Memorandum of Law, and supporting Declarations and
accompanying exhibits, finds that:
1. Plaintiffs are likely to succeed in showing that they own valid and enforceable
rights in the following trademarks and trade dresses: the federally registered BRAZILIAN BUM
BUM, CHEIROSA, and BRAZILIAN CRUSH word marks; the SDJ Trade Dresses for the
primary packaging designs of Plaintiffs’ Brazilian Bum Bum Cream, Bom Dia Bright Cream, Beija
Flor Elasti-Cream, Delícia Drench Body Butter, and Cheirosa Perfume Mists products; and the
CHEIROSA Logo pictured below (altogether, the “SDJ Marks”).
2. Plaintiffs are likely to succeed in showing that Defendant, by distributing,
marketing, and selling various body cream and fragrance products under trademarks and in
packaging designs similar to the SDJ Marks (the “Infringing Products”), has infringed the SDJ
Marks in violation of Sections 32(1) and 43(a) of the Lanham Act, 15 U.S.C. §§ 1114(1), 1125(a),
and related New York common law. The Infringing Products include the following products shown
below:
3. Consistent with 15 U.S.C. § 1116(a), Defendant’s continued distribution,
marketing, or sale of the Infringing Products will result in immediate and irreparable injury to
Plaintiffs if injunctive relief is not granted.
4. The balance of hardships to the parties and the public’s interest in being free from
confusion, deception, and mistake would both be served by injunctive relief.
THEREFORE, IT IS HEREBY ORDERED that Defendant, and its officers, agents,
servants, employees, and attorneys, and all those in active concert or participation with them, are
TEMPORARILY RESTRAINED pursuant to Federal Rule of Civil Procedure 65 from infringing
the SDJ Marks or Plaintiffs’ rights therein, or using or exploiting the SDJ Marks, by:
a. Using any reproduction, counterfeit, copy, or colorable imitation of the SDJ Marks
(as defined herein) for and in connection with any goods or services not authorized by Plaintiffs;
b. Engaging in any course of conduct likely to cause confusion, deception or mistake,
or to injure Plaintiffs’ business reputations or goodwill in the SDJ Marks;
c. Using any false description or representation, including words or other symbols
tending falsely to describe or represent Defendant’s unauthorized goods or services as Plaintiffs’,
or sponsored by or associated with Plaintiffs, and from offering such goods or services into
commerce;
d. Manufacturing, producing, distributing, circulating, selling, marketing, offering for
sale, advertising, promoting, renting, displaying, or otherwise disposing of any products or
packaging not authorized by Plaintiffs that bear any simulation, reproduction, counterfeit, copy, or
colorable imitation of the SDJ Marks;
e. Making any statement or representation whatsoever, or using any false designation
of origin or false description, or performing any act, which is or may be likely to lead the trade or
public, or individual members thereof, to believe that any products manufactured, distributed, or
sold by Defendant are in any manner associated or connected with Plaintiffs, or are sold,
manufactured, licensed, sponsored, approved, or authorized by Plaintiffs;
f. Secreting, destroying, altering, removing, or otherwise disposing of the Infringing
Products, or any books or records that contain any information relating to the importing,
manufacturing, producing, distributing, circulating, selling, marketing, offering for sale, *7 advertising, promoting, renting, or displaying of all Infringing Products;
g. Effecting assignments or transfers, forming new entities or associations or utilizing
any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth
in this Order, or any subsequent order or final judgment in this action; and h. Processing any payments for or otherwise providing any online services related to
the sale of Infringing Products.
IT IS FURTHER ORDERED THAT this Temporary Restraining Order shall remain in
effect until ______________, the date of the show cause hearing. August 18, 2025 August 18, 2025, at 4:00 p.m.
IT IS FURTHER ORDERED THAT Defendants shall appear on ___________________, remotely by telephone in accordance with
or as soon thereafter as counsel can be heard, in Courtroom _____________________________, Rule 3(B) of the Court's Individual Rules , at 4:15 p.m.
to show cause why an Order pursuant to Federal Rule of Civil Procedure 65 and Section 34 of the
Lanham Act should not be entered granting Plaintiffs a Preliminary Injunction to continue the
temporary restraining order. Jesse M. Furman
IT IS FURTHER ORDERED THAT the Defendants’ answering papers, if any, shall be filed with the Clerk of this Court and served upon the attorneys for Plaintiffs by delivering copies
thereof to the offices of Fross Zelnick Lehrman & Zissu, P.C., 4 Times Square, 17 th Floor, New August 12, 2025
York, New York 10036, Attn: John P. Margiotta, Esq., no later than __________________. Any
reply shall be filed and served by Plaintiffs at the hearing. no later than August 15, 2025 at 5:00 p.m.
Defendants are hereby given notice that failure to attend the hearing scheduled herein may
result in immediate issuance of the prayed-for Preliminary Injunction to take effect immediately
upon expiration or dissolution of the within Temporary Restraining Order, and shall otherwise
extend for the pendency of this litigation relief upon the same or similar terms and conditions as
comprise this Temporary Restraining Order.
SO ORDERED.
August 4
Dated: July __, 2025
New York, New York ___________________________________ Honorable __________________________ United States District Court Judge No later than August 15, 2025 , at 5 p.m. , Plaintiffs shall post a $10,000 bond.
No later than 5 p.m. tomorrow, August 5, 2025 , Plaintiffs shall serve a copy of this TRO on
Defendant by e-mail and overnight courier and on defense counsel by email and file proof of
such service on the docket.
The teleconference scheduled for August 18, 2025 at 4:00 p.m. will be held remotely by
telephone in accordance with Rule 3(B) of the Court’s Individual Rules and Practices in Civil
Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the
conference by calling the Court’s dedicated conference line at (855) 244-8681 and using
access code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee
ID number, press the pound (#) key again. Counsel should review and comply with the rules
regarding teleconferences in the Court’s Individual Rules and Practices in Civil Cases,
including Rule 2(B)(i), which requires the parties, no later than 24 hours before the
conference, to send a joint email to the Court with a list of counsel who may speak during the
teleconference and the telephone numbers from which counsel expect to join the call.
