Case Information

SONY INTERACTIVE ENTERTAINMENT LLC, v. AFUY16CESZRVV, et al.,

Civil Action No. 1:25-cv-02219-SDG

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

May 9, 2025

PRELIMINARY INJUNCTION

This cause comes before the Court following a hearing on the Court's Order to Show Cause. [D.I. 14.] The Court previously entered a Temporary Restraining Order and Asset Freeze Order ("TRO") against all Defendants on April 24, 2025. [D.I. 14.] The Court also authorized Plaintiff to serve Defendants by electronic means. [D.I. 15.] In conjunction with the TRO, the Court ordered Defendants to appear at a hearing to demonstrate good cause why a preliminary injunction should not issue. [D.I. 14.] That hearing was held on May 8, 2025, at 3:30 PM EST. No Defendant appeared.

Through the May 8 hearing and Plaintiff's associated motion papers, Plaintiff has established:

A substantial likelihood of success on the merits of its trademark counterfeiting/infringement claims given that:
1. Plaintiff owns valid and enforceable federal trademark registrations for Plaintiff's marks;
2. the counterfeit/infringing products advertised and offered for sale by Defendants are not authorized by Plaintiff and are not genuine;
3. Defendants are using spurious marks that are identical with or substantially indistinguishable from one or more of Plaintiff's marks in commerce on or in connection with the advertising, offering for sale, and/or sale of counterfeit/infringing products; and
4. Defendants' use of Plaintiff's marks on or in connection with the advertising, offering for sale, and/or sale of counterfeit/infringing products is likely to cause consumer confusion, mistake, or deception as to the source or origin of the counterfeit/infringing products.
Plaintiff will suffer irreparable harm if the injunction does not issue in light of the rebuttable presumption of irreparable harm set forth in 15 U.S.C. § 1116(a). Moreover, the continued sale of counterfeit/infringing products by Defendants threatens Plaintiff with the loss of control of its reputation and the loss of the considerable goodwill is has established with consumers.
The balance of the harms weighs in favor of granting the injunction given that the threatened injury to Plaintiff's reputation and goodwill absent an injunction outweighs any potential financial harm that Defendants may suffer as a result the injunction.
The requested injunction would serve the public interest. Avoidance of consumer confusion is always in the public interest, particularly when consumers are being misled as to the quality, source, and composition of counterfeit/infringing products, many of which do not comply with applicable product safety, manufacturing, or labeling requirements.

Accordingly, Plaintiff has established to the satisfaction of this Court that equitable relief in the form of a preliminary injunction is warranted, and Defendants have failed to show good cause why a preliminary injunction should not issue. Therefore, it is hereby ORDERED AND ADJUDGED that the current TRO be converted to a Preliminary Injunction as to all Defendants on Exhibit A hereto as follows:

For the duration of this action, 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 is hereby ORDERED to:
1. cease and refrain from manufacturing, advertising, offering for sale, selling, distributing, destroying, selling off, transferring, or otherwise disposing of any counterfeit/infringing products;
2. cease and refrain from manufacturing, advertising, offering to sell, selling, reproducing, or distributing any goods bearing Plaintiff's marks, or any confusingly similar trademarks, other than genuine products manufactured or distributed by Plaintiff or its authorized manufacturers and distributors;
3. cease and refrain from destroying, selling off, transferring, or otherwise disposing of any documents, electronically stored information, or financial records or assets of any kind relating to the manufacture, importation, sale, offer for sale, distribution, or transfer of any counterfeit/infringing products;
4. cease and refrain from using Plaintiff's marks, or any confusingly similar trademarks, on or in connection with any virtual storefront that any Defendant may own, operate, or control on any online marketplace;
5. cease and refrain from any and all use of Plaintiff's marks, or any confusingly similar trademarks, as metatags, on any webpage (including the title of any web page), in any advertising links to other websites, from search engines' databases or cache memory, or any other form of use of such terms that are visible to a computer user or serves to direct computer searches to virtual storefronts registered, owned or operated by any Defendant on any Marketplace; and
6. cease and refrain from altering, disabling, closing, or transferring ownership of any virtual storefront on any online marketplace during the pendency of this Action or until further Order of the Court.
For the duration of this action, each Defendant must preserve all documents and electronically stored information arising from or related to its sale, offer for sale, distribution, and advertising of counterfeit/infringing products through its virtual storefronts located on the online marketplaces.
For the duration of this action, all Financial Institutions (as defined in Plaintiff's motion for TRO) that receive actual notice of this Order shall continue to attach and freeze all funds in any accounts owned, controlled, utilized by, or associated with Defendants and otherwise prohibit the transfer of any funds out of any such accounts and divert any frozen funds and any additional funds that may be transferred into the accounts into a holding account at the marketplace or the respective Financial Institution for the trust of the Court, with such frozen funds and/or holding accounts being held, maintained, and/or located exclusively within the United States.
No funds restrained by this Order shall be transferred or surrendered by any Financial Institution or online marketplace for any purpose (other than pursuant to a chargeback made pursuant to their security interest in the funds) without the express authorization of the Court.
For the duration of this action and upon receipt of actual notice of this Order, each online marketplace on which a Defendant maintains a virtual storefront or account shall continue to freeze all funds held or received by the marketplace for any Defendant's benefit and disable each Defendant's virtual storefronts on the marketplaces and any accounts associated with each Defendant and cease providing any services to Defendants.
Plaintiff may notify the marketplaces and Financial Institutions of this Order by electronic means, including by electronic mail.

This Order shall remain in effect for the duration of this action and until such time as a final judgment is entered.
This Order shall apply to Defendants, their associated virtual storefronts on the marketplaces, and any other websites, domain names, seller identification names, e-commerce stores, or Financial Institution accounts which are being used by Defendants for the purpose of advertising, offering for sale, and selling any counterfeit/infringing products at issue in this action and/or unfairly competing with Plaintiff.
The Court's previous Temporary Restraining Order, Asset Freeze Order, and Order to Show Case [D.I. 14] is dissolved and is replaced by this Preliminary Injunction Order, which is hereafter in effect.

IT IS SO ORDERED this 9th day of May, 2025.

HON. STEVEN D. GRIMBERG

UNITED STATES DISTRICT JUDGE

EXHIBIT A

LIST OF ALL NAMED DEFENDANTS SUBJECT TO ORDER

04KT

angmao3

AOYH3EQ440YW9

BEYEE

bolishangmao47

CHENGJYX

D0vetail

DaLianPo Poster

DecalMile

DUTASHOP-01

fanding

fandoushangmao

fengdelinchuhaidianpu

GLMYAO

guangzhouanjinshangmaoyouxiangongsi

HATOKYO STORE

HCYYANG

HengYangXianZhaoWanShangMaoYouXianGong

houxvdexiaodian

HR-Trade

Huali123

huangguocanarts

hymr

IARTTOP

jieyiShop

jinhuihongxin

Jujuque

Kerry-dober

KOMLLEX

LGhtyro

LHIUEM

Liuyishangmao

liwenlinkart

LY NGO SHOP

MaiThangStore

MHK Co., Ltd

MinhAnh Store

Mi-Ni Room

MZCSDONG

Oreichar

Plauduct

putianshichengxiangquxuxiruimaoyiyouxiangongsi

qiuxiantongmumaoyiyouxiangongsi

QYZCAZH-US

SAOLUIS

Sedicoca

shen yang shi tie xi qu xing han chao liu fu zhuan

shenglishangwu

SHUOXIASHANGMAO

SUPERDANT US

SVBright

tanyondgheng

TaoTao Hanging Posters

TunChangWenKeFanWangLuoKeJiYouXianGongSi

weixinShiWen

wenzhouweimiaobaozhuangyouxiangongsi.

XanaduC

Xiangchengshizhongqiushangmaoyouxiangongsi

Xy_god

xyqx

yimatuo

Yofeier

Yosikr Direct

yutinghyt

zhangyiyi Shop

ZHENGDEBIN

ZMHLNDF

kamujie_offical

livest

mu66ts 66

mujitech15

mxl2021

Oriental Selection

pandatue

qfi_36

RED-FREE-HD

rendezvous 5

suli996

syc2747

Apex Fashions

Artistlifehappy

BPGRPLYD

cat tee

ChenQ

CHO Online

coteees

DaLangDD

Decoration drawing

drunkone

durrud

ELIZABETHLYI

FDC Style

Fei Ou

GCVVIC

GTSGYKK

Guaner Decorative

GUESS YOU LIKE

Happy Steps T

JCwangluo

jieshengwangluo

Junliang canvas painting

JUSTHIS

Kaiduidgjk Shop

MINFEN Decorative plaqu

motorcycle TEE

muransibaihuo

MY ART PAINTING

MYUVPRINTED

Purple ART

RREP

SINLEY DECOR

Sky City mural

SOBERTEE

Taotao Aluminum Sign

TEEEmall

Thomas Decorating

Trend Trajectory

Wonders Aluminum Sign

WoWFyP

XMBYhome

XZ CUSTOM Shop

ZZ Aluminum SHOP

AARUJJKU

AWINQQY

AWOEII

BAOJIANTU

CDJLYUS Co. Ltd

Cooeverly

DULOT

ELE STORES

Emaxtronics

ERETHI Toys Co.,LTD

FEMBOY

fuhao

Gomind

hanmotu

HENHGO

IRON DAN

JIASEN

JIBDUBD

jinanhuajianjiefulianwang

Keioly

kesiyu

LONGLONG

luosikai

ManYuanPeiShangMao

MorningSun

Nvse

Our Story

Senew

shengyimao

SHZHAOYU

SUGOYI

Taiyuanpileishangmao

Unrestrained

Visit TurboCircuit Innovations

Wang seadragon Toys

WEI BIN

weixianghua

Weixunzhongkejifuwubu

Willingnian Toys

W-TrendyHub

Wulahey

XIOANGSNDBB

Y95inling

Yichuangsitong

You Have a nice day

zhongshengdinghang

zunmag