Chanel, Inc. v. bestbuyhandbag.com et al, No. 0:2014cv62191 - Document 26 (S.D. Fla. 2014)
Court Description: ORDER granting 5 Motion for Preliminary Injunction. Signed by Judge Robin L. Rosenberg on 12/16/2014. (cgn)
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Chanel, Inc. v. bestbuyhandbag.com et al Doc. 26 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 14-62191-CIV-ROSENBERG/BRANNON CHANEL, INC., Plaintiff, VS. BESTBUYHANDBAG.COM, et al., Defendants. --------------------------------- I ORDER GRANTING PLAINTIFF'S APPLICATION FOR PRELIMINARY INJUNCTION THIS CAUSE came before the Court upon Plaintiffs Application for Preliminary Injunction (the "Application for Preliminary Injunction"), ECF No. [5], dated September 24, 2014. The Court has carefully considered the Application for Preliminary Injunction, the record in this case, and the applicable law, and is otherwise fully advised in the premises. By the instant Application, Plaintiff, Chanel, Inc. ("Plaintiff') moves for entry of a preliminary injunction against Defendants 1 for alleged violations of the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a). The Court convened a hearing on December 16, 2014, which was attended by counsel for Plaintiff only. During the hearing, Plaintiff directed the Court to evidence supporting the Application for Preliminary Injunction. Defendants have not responded to the Application for Preliminary Injunction, nor have they made any filing in this case, nor have Defendants appeared in this matter either individually or through counsel. Because Plaintiff has satisfied the requirements for the issuance of a preliminary injunction, the Court grants Plaintiffs Application for Preliminary Injunction. 1 Defendants are the Individuals, Partnerships or Unincorporated Associations identified on Schedule "A" hereto and Does 1-10 (collectively "Defendants"). Dockets.Justia.com I. FACTUAL BACKGROUND 2 Plaintiff is the registered owner of the following trademarks registered on the Principal Register ofthe United States Patent and Trademark Office (collectively, the "Chane! Marks"): Trademark Registration Number CHANEL 0,612,169 CHANEL 0,626,035 May 1, 1956 (Int'l Class: 18) Women's handbags CHANEL 0,906,262 January 19, 1971 (Int'l Class: 25) Coats, suits, blouses, and scarves CHANEL 0,955,074 March 13, 1973 (Int'l Class: 14) Watches @ 1,241,264 Registration Date Class( es )/Goods September 13, (Int'l Class: 14) Necklaces 1955 June 7, 1983 (Int'l Class: 25) Suits, jackets, skirts, dresses, pants, blouses, tunics, sweaters, cardigans, tee-shirts, coats, raincoats, scarves, shoes and boots CHANEL 1,241,265 June 7, 1983 (Int'l Class: 25) Suits, jackets, skirts, dresses, pants, blouses, tunics, sweaters, cardigans, coats, raincoats, scarves, shoes and boots CHANEL 1,348,842 July 16, 1985 (Int'l Class: 3) Full line ofperfumery, cosmetics and toiletries 2 The factual background is taken from Plaintiff's Complaint, ECF No. [1], Application for Preliminary Injunction, ECF No. [5], and supporting evidentiary submissions. Plaintiff filed declarations and exhibits annexed thereto in support of its Application for Preliminary Injunction. The declarations are available in the docket at the following entries: Declaration of Adrienne Hahn Sisbarro, ECF No. [5-1], Declaration of Stephen M. Gaffigan, ECF No. [5-8], and Declaration of Eric Rosaler, ECF No. [5-14]. 2 Trademark Registration Number Registration Date Class(es )/Goods (Int'l Class: 6) Keychains (lnt'l Class: 14) Costume jewelry 1,501,898 August 30, 1988 (lnt'l Class: 16) Gift wrapping paper (lnt'l Class: 25) Blouses, shoes, belts, scarves, jackets, men's ties (lnt'l Class: 26) Brooches, buttons for clothing CHANEL 1,510,757 November 1, 1988 (Int'l Class: 9) Sunglasses 3L 1,654,252 August 20, 1991 (Int'l Class: 9) Sunglasses CHANEL 3L coco MADEMOISELLE 112 IC 1,733,051 (Int'l Class: 18) Leather goods; namely, handbags, wallets, travel bags, November 17, luggage, business and credit card cases, change purses, tote bags, 1992 cosmetic bags sold empty, and garment bags for travel 1,734,822 (lnt'l Class: 18) Leather goods; namely, handbags, wallets, travel bags, November 24, luggage, business card cases, change 1992 purses, tote bags, and cosmetic bags sold empty 2,557,185 April 2, 2002 (lnt'l Class: 3) Perfumery and cosmetic products, namely eau de parfum and skin moisturizers 2,559,772 April 9, 2002 (Int'l Class: 14) Timepieces; namely, Watches, and Parts Thereof 3,025,934 December 13, (lnt'l Class: 18) Handbags 2005 3 Trademark Registration Number Registration Date Class( es )/Goods (Int'l Class: 9) Eyeglass frames, sunglasses 3L 3,025,936 CHANEL 3,133,139 December 13, (Int'l Class: 25) Gloves, swimwear 2005 (Int'l Class: 26) Hair accessories namely barrettes August 22, 2006 (Int'l Class: 14) Jewelry and watches (Int'l Class: 9) Ski goggles, eyeglass frames, sunglasses, sunglass parts, cases for spectacles and sunglasses CHANEL 3,134,695 August 29, 2006 (Int'l Class: 25) Sun visors, swimwear, stockings and socks (Int'l Class: 26) Hair accessories namely barrettes (Int'l Class: 28) Bags specially adopted for sports equipment, skis, tennis rackets, tennis balls, tennis racket covers CHANEL 3L 3,890,159 4,074,269 (lnt'l Class: 9) Cases for telephones December 14, (Int'l Class: 16) Temporary tattoos 2010 (Int'l Class: 18) Key cases (lnt'l Class: 9) Protective covers for portable electronic devices, handheld digital devices, personal computers December 20, and cell phones 2011 (Int'l Class: 16) Temporary tattoos (Int'l Class: 18) Key cases 3L 4,241,822 (Int'l Class: 25) Clothing; namely, coats, jackets, dresses, tops, blouses, sweaters, cardigans, skirts, vests, November 13, pants, jeans, belts, swim wear, pareos, 2012 beach cover-ups, hats, sun visors, scarves, shawls, ties, gloves, footwear, hosiery and socks 4 See Hahn Decl., ECF No. [5-1] 4; ECF No. [5-2] (containing Certificates of Registrations for the Chanel Marks at issue). The Chanel Marks are used in connection with the manufacture and distribution of goods in the categories identified above. See Hahn Decl., ECF No. [5-1] 4. Defendants, through the fully interactive, commercial Internet websites and ecommerce stores and auctions via Internet auction websites, operating under their domain names or seller identification names identified on Schedule "A" hereto (collectively, the "Subject Domain Names and Seller IDs"), have advertised, promoted, offered for sale, or sold, at least, handbags, wallets, shoes, boots, belts, brooches, scarves, sweaters, sunglasses, watches, cases for telephones, protective covers for portable electronic devices, including cell phones, perfumes, costume jewelry, including necklaces, bracelets, earrings, and rings, bearing what Plaintiff has determined to be counterfeits, infringements, reproductions, or colorable imitations of the Chanel Marks. See Hahn Decl., ECF No. [5-1] 5; Rosaler Decl., ECF No. [5-14] 9, 11-15; Gaffigan Decl., ECF No. [5-8] 2-3, 4-6. Although each Defendant may not copy and infringe each Chanel Mark for each category of goods protected, Plaintiff has submitted sufficient evidence showing that each Defendant has infringed, at least, one or more of the Chanel Marks. See Hahn Decl., ECF No. [5-1] 11-15; ECF No. [5-2]. Defendants are not now, nor have they ever been, authorized or licensed to use, reproduce, or make counterfeits, reproductions, and/or colorable imitations of the Chanel Marks. See Hahn Decl., ECF No. [5-1] 9, 13, 15. Plaintiff retained AED Investigations, Inc., a licensed private investigative firm, to investigate the sale of counterfeit versions of Plaintiff's products by Defendants. See Hahn Decl., ECF No. [5-1] 10; Gaffigan Decl., ECF No. [5-8] 3. 5 5; Rosaler Decl., ECF No. [5-14] Eric Rosaler ("Rosaler"), an officer of AED Investigations, Inc., accessed the commercial Internet based ecommerce stores operating under the Seller IDs identified in the table below, and placed orders for the purchases of various products, all bearing counterfeits of, at least, one of the Chane! Marks at issue in this action- and requested each order be shipped to his address in the Southern District of Florida. See Rosaler Decl., ECF No. [5-14] at 4. Rosaler finalized payment for each of the Chane! branded products ordered via PayPal, Inc. ("PayPal") to Defendants' respective PayPal accounts as follows: Seller ID Chanel Branded Item Purchased PayPal Account caylajewel earrings natalianugroho@hotmail.com glasses21 000 sunglasses graysome512@outlook.com michael wang perfume tleisi 10 19@ 126.com smsd14717 cufflinks jsmh219@ 163 .com See Rosaler Decl., ECF No. [5-14] 4. Subsequently, Rosaler received the Chane! branded sunglasses and perfume he ordered from Defendants via glasses21 000 and michael wang, respectively, and sent the sunglasses and perfume together with the detailed web page listings, photographs of the Chanel branded products, and the Chains of Custody to Plaintiff for review and analysis. !d.; Hahn Decl., ECF No. [5-1] 11-12. Rosaler also accessed the Internet websites operating under the Subject Domain Names, as identified on the table attached hereto as Schedule "C-1," and went through the purchasing process 3 for various products bearing counterfeits of, at least, one of the Chanel Marks at issue in this action. See Rosaler Decl., ECF No. [5-14] 5. Following the submission of his orders, Rosaler received information for finalizing payment for each of the Chane! branded items 3 Rosaler intentionally did not finalize his purchases from the Internet websites so as to avoid contributing funds to Defendants' coffers. See Rosaler Decl., ECF No. [5-14] at 5, n.l; Gaffigan Decl., ECF No. [5-8] 5. 6 ordered via PayPal and/or bank transfer to Defendants' respective PayPal and/or bank accounts, which are also identified on Schedule "C-1" hereto. !d. Rosaler further accessed the Internet based ecommerce stores and auctions associated with Defendants' Seller IDs, as identified on the table attached hereto as Schedule "C-2," and went through the purchasing process4 for various products bearing counterfeits of, at least, one of the Chanel Marks at issue in this action. See Rosaler Decl., ECF No. [5-14] 6. Following the submission of his orders, Rosaler received information for finalizing payment for each of the Chanel branded items ordered via PayPal to Defendants' respective PayPal accounts, which are also identified on Schedule "C-2" hereto. !d. Additionally, Chanel's counsel, Stephen M. Gaffigan, Esq. ("Gaffigan"), accessed the Internet based ecommerce store associated with the Defendant's Seller ID, as identified on the table attached hereto as Schedule "C-3," and went through the purchasing process for a handbag bearing counterfeits of, at least, one of the Chanel Marks at issue in this action. See Gaffigan Decl., ECF No. [5-8] at 3. Although the purchase was never finalized, Gaffigan received information for finalizing payment for the Chanel branded handbag he ordered via PayPal to Defendant's PayPal account, which is also identified on Schedule "C-3" hereto. !d. The detailed web page listings and images of the Chanel branded earrings, sunglasses, perfume, and cufflinks purchased by Rosaler from Defendants via caylajewel, glasses21 000, michaelwang, and smsd14717, respectively, as well as the sunglasses and perfume received by Rosaler via glasses21 000 and michael wang together with photographs of same, were reviewed by Plaintiffs representative who determined the products to be non-genuine, unauthorized 4 Rosaler intentionally did not finalize his purchases from the Internet based ecommerce stores and auctions so as to avoid contributing funds to Defendants' coffers. See Rosaler Decl., ECF No. [5-14] 6, n.5; Gaffigan Decl., ECF No. [5-8] 5. 7 Chane! products. See Hahn Dec!., ECF No. [5-1] 11-12, 15. Plaintiffs representative also reviewed and visually inspected Defendants' websites and ecommerce stores and auctions, as well as pictures of items bearing the Chanel Marks offered for sale by Defendants via their Subject Domain Names and Seller IDs, and likewise determined the products were not genuine Chanel goods. See id. 13, 15. On September 23, 2014, Plaintiff filed its Complaint, ECF No. [1], against Defendants for trademark counterfeiting and infringement, false designation of origin, and common law unfair competition. On September 24, 2014, Plaintiff filed its Ex Parte Application for Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets, ECF No. [5]. On November 21, 2014, this Court entered a sealed Temporary Restraining Order, ECF No. [11], enjoining Defendants from, among other actions, continuing to manufacture, promote, and/or sell any product bearing Plaintiffs alleged infringed trademarks. The Temporary Restraining Order also directed PayPal to restrain funds in payment accounts associated with Defendants and to transfer those funds to a holding account. On December 2, 2014, Plaintiff filed a Notice oflnability to Serve Defendants, ECF No. [13], and simultaneously filed its Motion to Extend Temporary Restraining Order, dated November 21, 2014, and to Continue Hearing Scheduled for December 5, 2014 in Connection with Plaintiffs Application for Preliminary Injunction, ECF No. [14], to avoid prejudicing Defendants' right to appear and respond in a timely fashion, because Plaintiffs counsel had not received confirmation from PayPal that Defendants' accounts had been restrained. On December 4, 2014, this Court entered an Order Granting Plaintiffs Motion to Extend Temporary Restraining Order and to Continue Hearing in Connection with Plaintiffs Application for Preliminary Injunction, ECF No. [16], continuing the hearing on Plaintiffs Application for 8 Preliminary Injunction until December 16, 2014. Pursuant to the Court's November 21, 2014 and December 4, 2014 Orders, Plaintiff provided Defendants with notice of the new hearing date and copies of the Court's November 21, 2014 Temporary Restraining Order and Plaintiffs Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets via e-mail to each Defendant's corresponding e-mail address, and by posting copies of the same on the website located at http://servingnotice.com/omg18/index.html. Thereafter, Certificates of Service were filed confirming service on each Defendant, ECF Nos. [18, 19, 20, and 21]. II. LEGALSTANDARD To obtain a preliminary injunction, a party must demonstrate "(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that the entry of the relief would serve the public interest." Schiavo ex. ref Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005); see also Levi Strauss & Co. v. Sunrise Int'l. Trading Inc., 51 F .3d 982, 985 (11th Cir. 1995). III. ANALYSIS The declarations Plaintiff submitted in support of its Application for Preliminary Injunction support the following conclusions of law: A. Plaintiff has a strong probability of proving at trial that consumers are likely to be confused by Defendants' advertisement, promotion, sale, offer for sale, or distribution of goods bearing counterfeits, reproductions, or colorable imitations of the Chane! Marks, and that the products Defendants are selling and promoting for sale are copies of Plaintiffs products that bear copies of the Chane! Marks. 9 B. Because of the infringement of the Chanel Marks, Plaintiff is likely to suffer immediate and irreparable injury if a preliminary injunction is not granted. The following specific facts, as set forth in Plaintiff's Complaint, Application for Preliminary Injunction, and accompanying declarations on file, demonstrate that immediate and irreparable loss, damage, and injury will result to Plaintiff and to consumers because it is more likely true than not that: 1. Defendants own or control Internet websites, domain names, and/or ecommerce store and auction businesses which advertise, promote, offer for sale, and sell products bearing counterfeit and infringing trademarks in violation of Plaintiff's rights; and 2. There is good cause to believe that more counterfeit and infringing products bearing Plaintiff's trademarks will appear in the marketplace; that consumers are likely to be misled, confused, and disappointed by the quality of these products; and that Plaintiff may suffer loss of sales for its genuine products. C. The balance of potential harm to Defendants in restraining their trade in counterfeit and infringing branded goods if a preliminary injunction is issued is far outweighed by the potential harm to Plaintiff, its reputation, and goodwill as a manufacturer and distributor of quality products, if such relief is not issued; and D. The public interest favors issuance of the preliminary injunction in order to protect Plaintiff's trademark interests and protect the public from being defrauded by the palming off of counterfeit goods as Plaintiff's genuine goods. E. Under 15 U.S.C. § 1117(a), Plaintiff may be entitled to recover, as an equitable remedy, the illegal profits gained through Defendants' distribution and sales of goods bearing counterfeits and infringements of the Chanel Marks. See Reebok Int 'l, Ltd. v. Marnatech Enters., 10 Inc., 970 F.2d 552, 559 (9th Cir. 1992) (quoting Fuller Brush Prods. Co. v. Fuller Brush Co., 299 F.2d 772, 777 (7th Cir. 1962) ("An accounting of profits under§ 1117(a) is not synonymous with an award of monetary damages: '[a]n accounting for profits ... is an equitable remedy subject to the principles of equity."')) F. Requesting equitable relief "invokes the district court's inherent equitable powers to order preliminary relief, including an asset restraint, in order to assure the availability of permanent relief." Levi Strauss & Co. v. Sunrise Int'l Trading Inc., 51 F.3d 982, 987 (11th Cir. 1995) (citing Federal Trade Commission v. United States Oil and Gas Corp., 748 F.2d 1431, 1433-34 (11th Cir. 1984)). G. In light of the inherently deceptive nature of the counterfeiting business, and the likelihood that Defendants have violated federal trademark laws, Plaintiff has good reason to believe Defendants will hide or transfer their ill-gotten assets beyond the jurisdiction of this Court unless those assets are restrained. IV. CONCLUSION Accordingly, after due consideration, it is hereby ORDERED AND ADJUDGED that Plaintiffs Application for Preliminary Injunction, ECF No. [5], is hereby 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 as follows: a. From manufacturing, importing, advertising, promoting, offering to sell, selling, distributing, or transferring any products bearing the Chanel 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 11 by Plaintiff, bearing the Chanel Marks, or any confusingly similar trademarks; or (ii) any evidence relating to the manufacture, importation, sale, offer for sale, distribution, or transfer of any products bearing the Chanel Marks, or any confusingly similar trademarks. (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 the Chanel Marks or any confusingly similar trademarks, on or in connection with all Internet websites, domain names, and ecommerce store and auction website businesses owned and operated or controlled by them under their Subject Domain Names and Seller IDs; (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 the Chanel 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 which is visible to a computer user or serves to direct computer searches to websites and Internet based ecommerce store and auction website businesses registered by, owned, or operated by each Defendant, including the Internet websites and Internet based ecommerce stores and auctions operating under their respective Subject Domain Names and Seller IDs; (4) Each Defendant shall not transfer ownership of the Internet websites and Internet based ecommerce store and auction website businesses under their Subject Domain Names and Seller IDs during the pendency of this Action, or until further Order of the Court; 12 (5) The domain name Registrars for the Subject Domain Names are directed, to the extent not already done, to transfer to Plaintiffs counsel, for deposit with this Court, domain name certificates for the Subject Domain Names; (6) Plaintiff may enter, and continue to enter, the Subject Domain Names into Google's Webmaster Tools and cancel any redirection of the domains that have been entered there by Defendants which redirect traffic to the counterfeit operations to a new domain name or website and thereby evade the provisions of this Order; (7) The domain name Registrars for the Subject Domain Names shall immediately, to the extent not already done, assist in changing the Registrar of Record for the Subject Domain Names, excepting any such domain names which such Registrars have been notified in writing by Plaintiff have been or will be dismissed from this action, to a holding account with a Registrar of Plaintiffs choosing (the "New Registrar"). To the extent the Registrars do not assist in changing the Registrars of Record for the domains under their respective control within one (1) business day of receipt of this Order and instructions on the change of the Registrars of Record, the top-level domain (TLD) Registries (or their administrators) for the Subject Domain Names, within five (5) business days of receipt of this Order, shall, change or assist in changing, the Registrar of Record for the Subject Domain Names, excepting any such domain names which such Registries have been notified in writing by Plaintiff have been or will be dismissed from this action, to a holding account with the New Registrar. As a matter of law, this Order shall no longer apply to any Defendant or associated domain name dismissed from this action. Upon the change of the Registrar of Record for the Subject Domain Names, the New Registrar will maintain access to the Subject Domain Names in trust for the Court during the pendency of this action. Additionally, the New Registrar shall immediately institute a temporary 302 domain 13 name redirection which will automatically redirect any visitor to the Subject Domain Names to the following Uniform Resource Locator ("URL") http://servingnotice.com/omg18/index.html whereon copies of the Complaint and all other documents on file in this action are displayed. Alternatively, the New Registrar may update the Domain Name System ("DNS") data it maintains for the Subject Domain Names, which link the domain names to the IP addresses where their associated websites are hosted, to NS l.MEDIA TEMPLE.NET and NS2.MEDIATEMPLE.NET, which will cause the domain names to resolve to the website where copies of the Complaint, Temporary Restraining Order, and all other documents on file in this action are displayed. After the New Registrar has effected this change, the Subject Domain Names shall be placed on Lock status, preventing the modification or deletion of the domains by the New Registrar or Defendants; (8) Upon Plaintiffs request, the privacy protection service for any Subject Domain Names for which the Registrant uses such privacy protection service to conceal the Registrant's identity and contact information are ordered, to the extent not already done, to disclose to Plaintiff the true identities and contact information of those Registrants; (9) Each Defendant shall preserve, and continue to preserve, copies of all computer files relating to the use of any of the Internet websites and Internet based ecommerce store and auction website businesses under their Subject Domain Names and Seller IDs and shall take all steps necessary to retrieve computer files relating to the use of the Internet websites and Internet based ecommerce store and auction website businesses under their Subject Domain Names and Seller IDs that may have been deleted before the entry of this Order; 14 (1 0) Upon receipt of notice of this Order, PayPal, Inc. ("PayPal") 5 and its related companies and affiliates shall, to the extent not already done, immediately restrain all funds, as opposed to ongoing account activity, in or which hereafter are transmitted into the PayPal accounts related to Defendants and associated e-mail addresses identified on Schedule "B" hereto and the following specific PayPal account recipients: PayPal Accounts sstoe8@yeah.net natalianugroho@hotmail.com graysome512@outlook.com tleisi 10 19@ 126.com j smh219@ 163 .com chauderdana@li ve. com terrycover@outlook.com wz20 1468@ 163 .com meng20 14621@ 163 .com qwer20 14 76@ 163 .com quanshiai 721@ 163 .com abdmarfashion@gmail.com pinganfacai8888@ 163 .com sufengliu996@gmail.com qingshanfacai86@hotmail.com zhaoxiao613 8wangxa@ 163 .com phitphibul@outlook.com zhaoxiantong613@ 163 .com jinzhou0607@126.com qingkongwanli 0620@ 163 .com ligang20 14 705@ 126.com lilanchun071 0@126.com lina20 140726@ 126.com yuanyang8hao@163 .com buyeraO 124@ 126.com honghonghuohuo2008@ 126.com parisfashionwu@ 126.com lmno9000@ 163 .com dahai898@hotmail.com 5 Pay Pal is licensed to do business in the State of Florida by the Florida Office of the Controller and is therefore subject to personal jurisdiction in this Court. See Gaffigan Decl., ECF No. [5-8] ECF No. [5-13]. 15 shubao6231 @hotmail.com gangbi 123@hotmail.com xiaomin5 868@ 126.com fenvttamm@yahoo.cn wriymiy@163.com qfsqmm@163.com moonghy7 56@outlook.com caviearez@gmail.com takeilk@outlook.com mada.madalina@outlook.com qwqwqw77 @outlook. com changg98@ 126.com gand76@ 126.com yder96@126.com you you 1992a@yeah.net menghuia1988@yeah.net sellerguoda@ 126.com worldlin 125 8@ 126.com ysg888usd@ 163 .com Pierrerolland@ 163 .com feixiang5673@ 163 .com feixiang56788@ 163 .com qianshuixiaoyu6591@ 126.com zhonghuarenv999@hotmail.com chongxinkaishi608@ 163 .com sf.englihai@outlook.com ddlucks@yeah.net ppone100@163.com ppone20@ 163 .com liming20 140422@gmail.com hangzaishouqian 12@ 163 .com hangzaishouqian 14@ 163 .com hangzaishouqian20@ 163 .com madiqi 10 19@ 126.com aukung 1@hotmail.com mkmkmkfhfhfh6849@ 163 .com tianjin5139@126.com mafang8795@126.com mali 1097@ 163 .com hangzaishouqian28@ 163 .com fantasize043@ 126.com kj ehfrui@hotmail.com zto9021 zto@ 126.com 16 163.com 163.com as well as all funds in or which are transmitted into (i) any other related accounts of the same customer(s), (ii) any other accounts which transfer funds into the same financial institution account(s), or any of the other PayPal accounts subject to this Order; (iii) any other PayPal accounts tied to or used by any of the Subject Domain Names and Seller IDs identified on Schedule "A" hereto; and (iv) any other PayPal accounts associated with or related to the domain names or ecommerce stores and auctions, and e-mail addresses identified on Schedule "B" hereto; (11) Upon receipt of notice of this Order, PayPal and its related compames and affiliates shall, to the extent not already done, immediately restrain all funds, as opposed to ongoing account activity, in or which hereafter are transmitted into PayPal accounts linked to, associated with, or that transmit funds into Defendants' identified bank accounts, 6 including but not limited to: 6 The full account numbers identified herein have been redacted to avoid disclosure of private financial information, in compliance with Fed. R. Civ. P. 5.2(a)(4); however, the full account 17 Bank Accounts Industrial and Commercial Bank of China Account Number: ***************1526 Account Name: Zhiyan Zhong Bank of China Account Number: ***************5755 Account Name: Chen MuLan Industrial and Commercial Bank of China Account Number: **** **** **** ***4 545 Account Name: Liu Anming China Merchants Bank Account Number: ************2745 Account Name: Zeng Yun Bank of China Account Number: ****-****-****-***5-516 Account Name: Jin Qun Gao Bank of China Account Number: ***************7329 Account Name: Zuoxi Yu Industrial and Commercial Bank of China Account Number: **** **** **** ***9 304 Account Name: Jinju Huang Industrial and Commercial Bank of China Account Number: ***************8268 Account Name: He Ruiyu and any other related accounts of the same customers; (12) PayPal shall also, to the extent not already done, immediately divert to a holding account for the trust of the Court all funds in all Pay Pal accounts related to the PayPal account recipients listed in Paragraph 10, supra, and any other related accounts of the same customer(s), and all PayPal accounts linked to, associated with, or that transmit funds into, including but not limited to, Defendants' identified bank accounts listed in Paragraph 11, supra, and any other related accounts of the same customers, as well as any other accounts which transfer funds into numbers are identified on Plaintiffs Notice of Filing Reference List, filed under seal, which shall be disclosed to Pay Pal to effectuate the relief ordered herein. 18 the same financial institution account(s) as any of the other PayPal accounts subject to this Order; (13) PayPal shall further, to the extent not already done, within five business days of receiving this Order, provide Plaintiffs counsel with all data which details (i) an accounting of the total funds restrained and identifies the PayPal account(s) which the restrained funds are related to, and (ii) the account transactions related to all funds transmitted into the PayPal account(s) which have been restrained. Such restraining of the funds and the disclosure of the related financial institution account information shall be made without notice to the account owners until after those accounts are restrained. No funds restrained by this Order shall be transferred or surrendered by PayPal for any purpose (other than pursuant to a chargeback made pursuant to PayPal's security interest in the funds) without the express authorization of this Court; (14) This Order shall apply to the Subject Domain Names and Seller IDs, associated domain names and ecommerce stores and auctions, and any other websites, domain names, seller identification names, ecommerce stores and auctions, or PayPal accounts which are being used by Defendants for the purpose of counterfeiting the Chanel Marks at issue in this action or unfairly competing with Plaintiff; (15) Pursuant to 15 U.S.C. § 1116(d)(5)(D), Plaintiff shall maintain its previously posted bond in the amount of Ten Thousand Dollars and Zero Cents ($1 0,000.00), 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; 19 ( 16) PayPal or any Defendant or Pay Pal account holder may petition the Court to modify the asset freeze set out in this Order; and ( 17) This Order shall remain in effect during the pendency of this action, or until further Order of this Court. ..p.. DONE AND ORDERED in Chambers at Fort Pierce, Florida, this \loday 2014, at9 :C?BQ·\'\1· BIN L. ENBERG UNITED STATES DISTRICT J Copies provided to: Counsel of Record 20 GE ,-- SCHEDULE "A" DEFENDANTS BY NUMBER AND SUBJECT DOMAIN NAMES AND SELLER IDS Defendant Number 1 2 2 3 4 4 4 5 5 6 7 8 9 10 11 12 13 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Defendant I Domain Name I Seller ID bestbuyhandbag.com coffeealaska.com bowdenfencing.com fast2014.org ireplicasall.net watchjuste.com watchujust.co newbags20 14 .com selectbag.net onlinebrandsshop.com paulseller.com sohotcase.com tbaft.com topshoesstoreusa.com 666111xqj abdmarshop aixinwuyu shizhenxiong68 aj iedali215 8 apinan baobaokaixin999 beautifulfashion20 10 buyorbuyer c2c2020 caishendaowojia518 caylajewel changxin888888 charmstar8 88 dajiang8588 eachw everything5 89 fashionjuan gladysfashion glasses21 000 greatwallmart 21 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 haoluck77 happya189 happybuy125 happyec2013 hellensk jiahaibo 123 j ibukeshistore jinshan998 kingseller8486 ladyshop6168 love0126 lovenow5184 michael wang ourstationery shengmumaliya22222 smoothsailing666 smsd14717 super85117 tomstore888 visionary51198 we best wiwojia891qw wodson3 73 72 woniu1604 yangcheng5201314 yintng8596shoes youxinyi 168 zhou201288 zxcvbn869 fashionworld3 6 22 SCHEDULE "B" DEFENDANTS' ASSOCIATED E-MAIL ADDRESSES Defendant Defendant I Domain Name I Number Seller ID 1 bestbuyhandbag.com 2 coffeealaska.com 2 bowdenfencing.com 3 fast20 14.org 4 4 4 ireplicasall.net watchjuste.com watchujust.co 5 5 newbags20 14.com selectbag.net 6 onlinebrandsshop.com 7 paulseller.com 8 sohotcase.com 9 tbaft.com 10 topshoesstoreusa.com 11 12 666111xqj abdmarshop 13 aixinwuyu 13 14 15 Associated E-Mail Addresses 909858463@qq.com bestbuyhandbag@gmail.com xiaomei _ 514862 703 @qq .com lovebrialdresses@gmail.com xiaomei_514862703@qq.com lovebrialdresses@gmail.com ni via.laa@hotmail. com chauderdana@li ve. com plusacs_@hotmail.com hesongzhang73 @yeah.net watchesvisa@gmail.com replicasall@yeah.net watchesimple@gmail.com watchesmvp@yeah.net j osephine2212@ 163 .com niceday881 O@hotmail.com selecthandbags@gmail.com sales@selectbag.net websosq@126.com 76319011@qq.com onlinebrandsshop@gmail.com paulsellercom@zh9 .en shizhenxiong68 ajiedali2158 apinan terrycover@outlook.com sohotcase@outlook.com saemsu@outlook.com shoppingver@gmail.com rachelOOOlarger@ 163 .com service_@to_l)_shoesstoreusa.com wz20 1468@ 163 .com meng20 14621@ 163 .com qwer20 14 76@ 163 .com quanshiai721@163.com abdmarfashion@gmail.com pinganfacai8888@ 163 .com sufengliu996@gmail.com sufengliu996@gmail.com qingshanfacai86@hotmail.com zhaoxiao613 8wangxa@ 163 .com phitphibul@outlook.com 23 16 17 18 19 20 21 22 baobaokaixin999 beautifulfashion20 10 buyorbuyer c2c2020 caishendaowojia518 caylajewel changxin888888 23 24 25 charmstar888 dajiang8588 eachw 26 27 28 everything5 89 fashionjuan gladysfashion 29 zhaoxiantong613@ 163 .com jinzhou0607@126.com qingkongwanli0620@ 163 .com ligang20 14 705@ 126.com lilanchun071 0@ 126.com lina20 140726@ 126.com yuanyang8hao@ 163 .com buyeraO 126.com honghonghuohuo2008@ 126.com parisfashionwu@126.com natalianugroho@hotmail.com lmno9000@ 163 .com dahai898@hotmail.com shubao6231 @hotmail.com gangbi 123 126.com glasses21 000 30 happya189 33 34 35 happybuy125 happyec2013 hellensk 36 37 38 39 40 hongyunguangj in 118 jiahaibo123 j ibukeshistore jinshan998 kingseller8486 41 mada.madalina@outlook.com qwqwqw77 @outlook.com changg98@ 126.com gand76@126.com 126.com you you 1992a@yeah.net menghuia1988@yeah.net sellerguoda@ 126.com world! in 1258@ 126.com ysg888usd@ 163 .com Pierrerolland@ 163 .com feixiang5673@ 163 .com feixiang56788@163.com qianshuixiaoyu6591 126.com zhonghuarenv999@hotmail.com chongxinkaishi608@ 163 .com sf.englihai@outlook.com sstoe8@yeah.net ddlucks@yeah.net ppone 100@ 163 .com 163 .com haoluck77 32 wriyuuy@163.com qfsqmm@ 163 .com moonghy756@outlook.com caviearez@gmail.com graysome512@outlook.com greatwallmart 31 ladyshop6168 24 42 love0126 43 lovenow5184 44 45 46 michael wang ourstationery shengmumaliya22222 47 48 49 50 51 52 53 smoothsailing666 smsdl4717 super85117 tomstore888 visionary51198 we best wiwojia891qw 54 55 56 wodson3 73 72 woniu1604 yangcheng5201314 57 yintng8 596shoes 58 59 youxinyi 168 zhou201288 60 61 zxcvbn869 fashionworld3 6 liming20 140422@gmail.com hangzaishouqian 12@ 163 .com hangzaishouqian 14@ 163 .com hangzaishouqian20@ 163 .com tleisi 10 19@ 126.com madiqi1019@126.com aukung 1@hotmail.com mkmkmkfufufu6849@ 163 .com tianjin5139@ 126.com mafang8795@} 126.com jsmh219@}163.com mali1097@163.com hangzaishouqian28@ 163 .com fantasize043@126.com kj ehfrui@}hotmail.com zto9021 zto@} 126.com shyi20435@ 126.com cibing21 021@ 163 .com ttmon78721@163.com kookg867@126.com tancoo4211@163.com cha2299tt@} 163 .com dongtian 20 14@2 163 .com murenqing@hotmail.com xxxiao613@ 126.com xxxiao701@126.com tianding20 14@ 126.com edcvfr20 14@ 126.com rertyu6tyt6@outlook.com qiushewozui_99@163.com chongsheng_985@ 126.com haliluya zanmei@ 163 .com yangjian19920203@163.com 25 SCHEDULE "C" DEFENDANTS' RESPECTIVE PAYPAL AND/OR BANK ACCOUNTS 1) Eric Rosaler's Investigation- Internet Websites Subject Domain Name Payment Method bestbuyhandbag.com Bank Transfer bowdenfencing.com coffeealaska.com fast20 14.org ireplicasall.net watchjuste.com watchujust.co 7 Bank Transfer newbags20 14.com selectbag.net 8 Bank Transfer online brandsshop. com Bank Transfer paulseller.com sohotcase.com Bank Transfer Pay Pal tbaft.com Bank Transfer topshoesstoreusa.com Bank Transfer Bank Transfer PayPal Account Industrial and Commercial Bank of China Account Number: *************** 1526 Account Name: Zhiyan Zhong Bank of China Account Number: ***************5755 Account Name: Chen MuLan chauderdana@li ve. com Industrial and Commercial Bank of China Account Number: **** **** **** ***4 545 Account Name: Liu Anming China Merchants Bank Account Number: ************2745 Account Name: Zeng Yun Bank of China Account Number: ****-****-****-***5-516 Account Name: Jin Qun Gao Bank of China Account Number: ***************7329 Account Name: Zuoxi Yu terrycover@outlook.com Industrial and Commercial Bank of China Account Number: **** **** **** ***9 304 Account Name: Jinju Huang Industrial and Commercial Bank of China Account Number: ***************8268 Account Name: He Ruiyu 7 Upon accessing the Internet website operating under the domain name, watchujust.co, Roslaer was automatically redirected to the Internet website operating under the domain name, ireplicasall.net. See Rosaler Decl., ECF No. [5-14] 5, n.3. 8 Upon accessing the Internet website operating under the domain name, selectbag.net, Rosaler was automatically redirected to the Internet website operating under the domain name, newbags2014.com. See Rosaler Decl., ECF No. [5-14] 5, n.4. 26 2) Eric Rosaler's Investigation- ecommerce stores and auctions Seller IDs 666lllxqj abdmarshop .. mxmwuyu shizhenxiong68 aj iedali215 8 apinan baobaokaixin999 beautifulfashion20 I 0 buyorbuyer c2c2020 caishendaowojia518 changxin888888 charmstar8 8 8 dajiang8588 eachw PayPal Accounts wz201468@163.com meng20 14621@ 163 .com qwer20 14 76@ 163 .com quanshiai 721@ 163 .com abdmarfashion@_gmail.com pinganfacai8888@ 163 .com sufengliu996@gmail.com sufengliu996@gmail.com qingshanfacai86@hotmail.com zhaoxiao613 8wangxa@ 163 .com phitphibul@outlook.com zhaoxiantong613@ 163 .com jinzhou0607@ 126.com qingkongwanli0620@ 163 .com ligang20 14 705@ 126.com lilanchun071 0@ 126.com lina20 140726@ 126.com yuanyang8hao@l63 .com buyeraO 124@ 126.com honghonghuohuo2008@ 126.com parisfashionwu@ 126.com lmno9000@ 163 .com dahai898@hotmail.com shubao6231 @hotmail.com gangbi 123 @hotmail.com everything5 8 9 xiaomin5868@126.com fenvttamm@yahoo.cn wriyuuy@l63.com qfsqmm@l63.com fashionjuan moonghy756@outlook.com gladysfashion caviearez@gmail.com glasses21 000 takeilk@outlook.com greatwallmart haoluck77 happyal89 mada.madalina@outlook.com qwqwqw77 @outlook.com changg98@ 126.com gand76@126.com yder96@ 126.com youyoul992a@yeah.net menghuial988@yeah.net 27 happybuy125 happyec20 13 hellensk hongyunguangj in 118 j iahaibo 123 j ibukeshistore jinshan998 kingseller8486 ladyshop6168 love0126 lovenow5184 michael wang ourstationery shengmumaliya22222 smoothsailing666 super85117 tomstore888 visionary51198 we best wiwojia891qw wodson3 73 72 woniu1604 yangcheng5201314 yintng8596shoes youxinyi 168 zhou201288 zxcvbn869 fashionworld36 sellerguoda@ 126.com worldlin1258@126.com ysg888usd@ 163 .com Pierrerolland@ 163 .com feixiang5673@163.com feixiang5 6 78 8@ 163. com qianshuixiaoyu6591@ 126.com zhonghuarenv999@hotmai1.com chongxinkaishi608@ 163 .com sf.eng1ihai@out1ook.com ddlucks@yeah.net ppone 100@ 163 .com ppone20@ 163 .com liming20 140422@gmail.com hangzaishouqian 12@ 163 .com hangzaishouqian 14@ 163 .com hangzaishouqian20@ 163 .com madiqi1019@126.com aukung 1@hotmail.com mkmkmkfhfhfh6849@ 163 .com tianjin5139@ 126.com mafang8795@ 126.com mali1097@163.com hangzaishouqian28@ 163 .com fantasize043@126.com kjehfrui@hotmail.com zto9021 zto@ 126.com shyi20435@126.com ci bing21 021@ 163 .com ttmon78721@163.com kookg867@126.com tancoo4211@163.com cha2299tt@163 .com dongtian 20 14@ 163 .com murenqing@hotmail.com xxxiao613@126.com xxxiao 701@ 126.com tianding20 14@ 126.com edcvfr20 14@ 126.com rertyu6tyt6@outlook.com qiushewozui_99@ 163.com chongsheng_985@ 126.com haliluya zanmei@163.com yangjian19920203@163.com 28 3) Stephen M. Gaffigan's Investigation- ecommerce store Seller ID PayPal Account ladyshop616 sstoe8@yeah.net 29
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