Opinion
22-60194-CIV-MARTINEZ-SW
04-28-2022
CHANEL, INC., Plaintiff, v. THE INDIVIDUALS, BUSINESS ENTITIES, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE “A, ” Defendants. Defendant / Seller ID / Subject Domain Name Financial Account / Store No. / Merchant ID PayPal Payee ASIN / Infringing Product No. Additional Means of Contact Social Media URL
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
JOSEE. MARTINEZ, UNITED STATES DISTRICTJUDGE
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
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 ecommerce 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 ecommerce stores, photo albums, and websites, and any other seller identification names, ecommerce 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.
DONE AND ORDERED.
Snow, Magistrate Judge
SCHEDULE A: DEFENDANTS BY NUMBER, SELLER ID, SUBJECT DOMAIN NAME, RESPECTIVE FINANCIAL INFORMATION, AND ADDITIONAL MEANS OF CONTACT
Def. No.
Defendant / Seller ID / Subject Domain Name
Financial Account / Store No. / Merchant ID
PayPal Payee
ASIN / Infringing Product No.
Additional Means of Contact
Social Media
URL
1
Artpetur
A39A0ZAK4KB08X
B09NMCKHQY B09NMCSTHG
2
NNellystore
A1R3TJYA9OS0RT
B09LQB68TQ B09LQC2JZF
3
runhan(shandong)she ngtaikejiyouxiangong si
A13CTENEJR4ZR4
B09NL82X7D B09NL7Q5TP
4
sikeda
A32L8UORII8Z6F
B09GFNJ5V4
5
Vatmin jewelry
A3TAVYE3ZILESQ
B09JKKJXVT B09JKL4B7P
6
Wululili
A3Q73WS1H2JRTH
B09LY9R9JW
7
bestleatherspro
shuqing99@Jive.com
WhatsApp: 86 18102605582 brandnicole@foxmail.com DM
8
chanel.lv_gucci aka chenzhiwen9667
547548758@, qq.com
WhatsApp: 86 15218813229 WhatsApp: 86 15920549483
9
coco chanle pk
949068206@qq.com
WhatsApp: 852 60416506
10
linxiaomi11
1515250428@qq.com
WhatsApp: 86 16762769488
11
luxurystore 03
gurf252@gmail.com
WhatsApp: 90 5545631536
12
maggie.design2.0 aka adaluxuryru aka buywrist.com
shifen8086@hotmail.com jiujiu3496@hotmail.com
WhatsApp: (470) 531-9754 luxurvacces88@gmail.com
13
the heart of turkey
basselhalabi 1990@gmail. com
WhatsApp: 90 5385415007
14
xiaohui8148 aka d2pp-balmain-image
574462982@qq.com
WhatsApp: 86 15919935326
15
zhongxiao2021
13528755057@163.com
WhatsApp: 86 15113574464
16
123belt321 aka 158885885889 aka 666bags666
a15602607151@163.com
WhatsApp: 86 18838657229 WhatsApp: 86 15716614806 WhatsApp: 86 15618190728
17
1518790747
1010057688@qq.com
WhatsApp: 86 17739504544
18
gobrandstorealbums
Iramghous786@gmail.com
WhatsApp: 92 3056748554
19
lucky06688
572637085@qq.com
WhatsApp: 86 13802224026
20
muyuxue aka shionly.com
380115148@qq.com
WhatsApp: 44 7830933204 WhatsApp: 86
15138463930 admin@/shionly. com
21
18620496381
874024289@qq.com
WhatsApp: 86 15812318793
22
Nrasiont Boieaint
1535338261@qq.com
WhatsApp: 86 18156101374
https://www.facebook.com/group s/237171447532 465
23
Supplier for clothes
sales@meetclassic. com
WhatsApp: 86 13287795531 disun795@gmail. com
https://www.facebook.com/Suppli er-for-clothes-1550716633250 15/
24
XS Huang aka 1254326333
1254326333@qq.com
WhatsApp: 86 15119553961
https://www.facebook.com/profile .php?id=100069 001076922
25
casemall.jp
149821085@qq.com
LINE ID: nesageshop sale@/casemall.jp
26
casetie.com
840470218@qq.com
casetie@163.com info@casetie.com
27
casezystore.com
akbarbarsyah20@gmail.com
support@casezystore.com casezy 19@gmail. com
28
chanelws.com
727003320@qq.com
workshopchanel@gmail. co m WhatsApp: 852 5766 6352
29
designerbrands. store
nealund@yahoo. com
WhatsApp: 372 53962653
30
dtcgoods.shop
wenzi@heatstech net
WhatsApp: 15612929603 Service@dtcbags.com heatsshopline@heatstech n et
31
geatye.shop
suxinving121@outlook.com
Kempkayeeb04245@gmail .com
32
gucchanel.shop
ccventech@gmail. com
WhatsApp: 86 13766668888 WhatsApp: 86 16526551722 doagonfly225@gmail.com
33
hortory.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 Color: Red Model: iPhone 11
34
irenedaystore. com aka eyes-window.com
Merchant ID: D2RUHH9CWKAVS
Chengdu Yidingtong
FancyGlasses.y@gmail.co m WhatsApp: 852 64743479
Technology Co., Ltd.
35
iyostore.com aka lzoshop.com aka gaeshoe.com
PayPal Account: cbkanbn@hotmail.com Merchant ID: EU7UJX3PSKF2E
Shengjuan Technology Co., Ltd.
kempkayeeb04245@gmail. com linqingqqing88@gmail.co m dealerbernadette844827@g mail.com
36
luxurypicker.com
1239883868@qq.com
luxurypicker@gmail. com mymuchchic@gmail. com
37
maxstyles.shop
xuiing0102@outlook.com
contactiboxr@gmail.com
38
monvanti.com
thakibifashion@hotmail. com
contacts@monvanti.com monvanti. store@gmail.com contacts@fancyclassy.com
39
shopybag.net
dengqinxueyun@outlook.com
service@shopybag. net WhatsApp 86 18679630930
40
stybag.com
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 -Women's Wallet x 1
support@stybag.com WhatsApp: 15622692257
41
xtopbuy.com
Bobrookes@hotmail.com grethermark@7yahoo.com
WhatsApp: 86 18958661208 xtopbuv@hotmail.com
42
beltpic.com
Merchant ID: 7YS2UTMZAPTV4
Beltpic.com
yarakkurek@/gmail. com
43
cnpvg.com
LaceyCarneyowh@vfemail.net
service@cnpvg.com
44
dotiybag.com
283912025@qq.com
doagonlfly225@/gmail. com
45
lllcase.com
Merchant ID: 5MW9BXG4U9KF4
(Image Omitted) (Lichuan Xishui Manbai Electronic Commerce Co., Ltd.)
service@fllcase.com
46
rtycu.com
patriciavazquez@vfamail.com
servicef/rtycu. com
47
seline.shop
Merchant ID: NJHU6T6VLWKWL
Changbo Daxing Trading
contactiboxr@gmail.com
48
sfhli.com
Leon Ericksonumj@vfemail.net
sfhli@sfhli.com
49
srtyjdsrt.shop
Merchant ID: DNTNCBQR6EMZ8
(Image Omitted)
info@hottielifeshop.com
(Guangzhou Senzi Commercial Firm)
50
thegeekgifts.com
Stripe Order No. 493332 Date: 10/21/2021 Total: $26.94 Payment Method: Visa CC Description: CRUSHPRINTS Product Title: Fall Autum Chanel T-Shirt
admin@TheGeekGifts.com support@crushprints.com admin@tiktify. com
51
vavavy.com aka luruxy brand handbags
1029595092@qq.com
vavavy@protonmail.com hengkai@protonmail. ch WhatsApp: 86 13923924149
https://www.facebook.com/group s/152524879639 232/posts/32295 9215929130/
52
vovolady.com
GwynTernence@outlook.com
contact@vovoyiss.com
53
wossoy.com
service@brankber.com
service@, wossoy. com
54
xdbilp.com
inidenvoodstephen@vfamail.com
service@xdbilp.com
55
ailemei502
Store No.: 21675871 PayPal Account: yangyang502429@163.com
740098688
WhatsApp: 86 15675871602
56
cc1874
Store No.: 21729135 PayPal Account: 1003111416@qq.com
734390541