LOUIS VUITTON MALLETIER v. lvhut.net et al, No. 0:2022cv60228 - Document 9 (S.D. Fla. 2022)

Court Description: ORDER granting 6 Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Setting Hearing on Motion for Preliminary Injunction. Motion Hearing via Zoom video conference set for 2/22/2022 at 9:00 AM before Judge Beth Bloom. The Clerk of Court is directed to UNSEAL all docket entries in this case. Signed by Judge Beth Bloom on 2/8/2022. See attached document for full details. (mc)

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LOUIS VUITTON MALLETIER v. lvhut.net et al Doc. 9 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 1 of 22 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 22-cv-60228-BLOOM/Valle LOUIS VUITTON MALLETIER, Plaintiff, vs. LVHUT.NET, et al., Defendants. / ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION THIS CAUSE is before the Court upon Plaintiff’s Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction ECF No. [6] (the “Application for Temporary Restraining Order”). The Court has carefully considered the Application for Temporary Restraining Order, the record in this case, and the applicable law, and is otherwise fully advised. By the instant Application, Plaintiff, Louis Vuitton Malletier, moves, ex parte, pursuant to 15 U.S.C. § 1116 and Federal Rule of Civil Procedure 65 and The All Writs Act, 28 U.S.C. § 1651(a), for entry of a temporary restraining order against Defendants,1 and upon expiration of the temporary restraining order, a preliminary injunction against Defendants, for alleged violations of the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a) and (d). Because Plaintiff has satisfied the 1 Defendants are the Individuals, Business Entities, and Unincorporated Associations identified on Schedule “A” hereto (collectively “Defendants”). Dockets.Justia.com Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 2 of 22 Case No. 22-cv-60228-BLOOM/Valle requirements for the issuance of a temporary restraining order, the Court grants Plaintiff’s Application for Temporary Restraining Order. FACTUAL BACKGROUND2 I. Plaintiff is the registered owner of the following trademarks, which are valid and registered on the Principal Register of the United States Patent and Trademark Office (the “Louis Vuitton Marks”): Trademark Registration Number 0,297,594 LOUIS VUITTON Registration Date Class(es) / Relevant Goods IC 18. Trunks, valises, traveling bags, satchels, hat boxes September 20, and shoe boxes used for luggage, hand bags, and 1932 pocketbooks. 1,045,932 August 10, 1976 1,519,828 IC 18. Trunks, valises, traveling bags, satchels, hat boxes January 10, and shoe boxes used for luggage, hand bags, 1989 pocketbooks. IC 18. Luggage and ladies' handbags. IC 25. Clothing for men and women, namely, shawls, sashes, scarves; headgear. 1,770,131 May 11, 1993 1,794,905 IC 16. Stationery, pads of stationery, calendars, indexes for articles made for travellers, notebooks, envelopes; writing paper, office requisites in the nature of writing September 28, pads, pencil holders, pen cases, pencil cases, nibs, nibs 1993 of gold, inkwells, inkstands. IC 25. Clothing for men and women; namely belts, shawls, sashes, scarves; footwear headgear. 1,938,808 November 28, IC 14. Jewelry, watches and straps for wrist watches. 1995 IC 24. Travel blankets made of textile. The factual background is taken from Plaintiff’s Complaint, ECF No. [1], Plaintiff’s Application for Temporary Restraining Order, ECF No. [6], and supporting evidentiary submissions. Plaintiff filed declarations and exhibits annexed thereto in support of its Application for Temporary Restraining Order. The declarations are available in the docket at the following entries: Declaration of Hadrien Huet, ECF No. [6-2], and Declaration of Virgilio Gigante, ECF No. [6-3]. 2 2 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 3 of 22 Case No. 22-cv-60228-BLOOM/Valle LOUIS VUITTON 1,990,760 2,177,828 IC 14. Watches and straps for wrist watches. IC 16. Catalogues featuring luggage and travel accessories, bags, small leather goods, and garments; notebooks, anthologies, and pamphlets referring to travel; calendars; telephone indexes; fountain pens, ballpoint pens, nibs, covers for pocket and desk diaries, and checkbook holders. IC 18. Trunks; traveling trunks; suitcases; traveling bags; luggage; garment bags for travel; hat boxes for travel; August 6, 1996 shoe bags for travel; umbrellas; animal carriers; rucksacks; haversacks; leather or textile shopping bags; beach bags; handbags; vanity cases sold empty; attaché cases; tote bags, travel satchels; clutch bags; briefcases; wallets; pocket wallets; credit card cases; business card cases; bill and card holders; checkbook holders; key cases; change purses; briefcase-type portfolios. IC 24. Travel blankets IC 25. Shirts; sweatshirts; polo shirts; T-shirts; headwear; jackets; ties; belts; shawls; scarves. IC 14. Goods made of precious metals, namely, shoe ornaments, ornamental pins; jewelry, namely, rings, ear rings, cufflinks, bracelets, charms, necklaces; horological instruments, straps for watches, watches and wristwatches, and cases for watches. IC 18. Goods made of leather or imitations of leather are not included in other classes, namely, boxes made from leather; trunks, valises, traveling bags, luggage for travel, garment bags for travel, vanity cases sold empty, August 4, 1998 rucksacks, hand bags, beach bags, shopping bags, shoulder bags, attaché cases, briefcases, and fine leather goods, namely, pocket wallets, purses, leather key holders, business card cases, calling card cases, and credit card cases, umbrellas. IC 25. Clothing and underwear, namely, shirts, waistcoats, raincoats, skirts, coats, pullovers, trousers, dresses, jackets, shawls, stoles, scarves, neckties, pocket squares, belts, shoes, boots, and sandals. 3 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 4 of 22 Case No. 22-cv-60228-BLOOM/Valle 2,181,753 2,361,695 LOUIS VUITTON PARIS 2,378,388 2,399,161 IC 14. Jewelry, namely, rings, ear rings, bracelets, charms, necklaces, horological instruments, straps for watches, watches, and wrist-watches, and cases for watches. IC 18. Goods made of leather or imitations of leather are not included in other classes, namely, boxes made from leather; trunks, valises, traveling bags, luggage for travel, garment bags for travel, vanity cases sold empty, August 18, rucksacks, hand bags, beach bags, shopping bags, 1998 shoulder bags, attaché cases, briefcases, and fine leather goods, namely, pocket wallets, purses, leather key holders, business card cases, calling card cases, credit card cases, and umbrellas. IC 25. Clothing and underwear, namely, shirts, waistcoats, raincoats, skirts, coats, pullovers, trousers, dresses, jackets, shawls, stoles, scarves, neckties, pocket squares, belts, shoes, boots, and sandals. IC 25. Clothing, namely, sweaters, shirts, sweatshirts, polo shirts, t-shirts, suits, waistcoats, raincoats, skirts, coats, pullovers, trousers, dresses, jackets, shawls, stoles, June 27, 2000 scarves, neckties, pocket squares, pocket handkerchief squares for wear, gloves, ties, belts, bathing suits, shoes, boots and sandals, and hats. IC 18. Goods made of leather or imitations of leather not included in other classes, namely, boxes of leather principally used for travel purposes, trunks, valises, August 22, traveling bags, * traveling sets for containing cosmetics and jewelry, * handbags, beach bags, shopping bags, 2000 shoulder bags, brief cases, pouches, fine leather goods namely, pocket wallets, purses, key cases, business card cases, credit card cases. IC 25. Cothing and underwear, namely, shirts, polo shirts, t-shirts, waistcoats, raincoats, skirts, coats, October 31, trousers, dresses, jackets, shawls, stoles, scarves, 2000 neckties, gloves, ties, belts, bathing suits, shoes, boots and sandals, hats. 4 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 5 of 22 Case No. 22-cv-60228-BLOOM/Valle 2,773,107 October 14, 2003 LOUIS VUITTON 2,904,197 November 23, 2004 LOUIS VUITTON 2,909,003 December 7, 2004 3,107,072 June 20, 2006 IC 14. Jewelry including rings, earrings, cuff links, bracelets, charms, necklaces, and medallions; horological and chronometric instruments and apparatus, namely, watches, IC 18. Travel bags, travel bags made of leather; luggage trunks and valises, garment bags for travel, vanity-cases sold empty; rucksacks, shoulder bags, handbags; attaché cases, briefcases, drawstring pouches, pocket wallets, purses, umbrellas, business card cases made of leather or of imitation leather, credit card cases made of leather or of imitation leather; key holders made of leather or of imitation leather. IC 25. Clothing, namely, shirts, T-shirts, belts, scarves, neck ties, shawls, skirts, raincoats, overcoats, trousers, jeans, pullovers, frocks, highheeled shoes, low-heeled shoes, boots, tennis shoes; hats IC 14: jewelry, namely, rings, earrings, cuff links, bracelets, charms, necklaces, (( tie pins, and medallions; keyrings made of precious metal; )) horological and chronometric instruments, namely, watches, wristwatches, (( clocks, )) (( alarm clocks; )) straps for wristwatches and watch cases. IC 009. Optical instruments and apparatus, namely, spectacles, eyeglasses, spectacle cases. IC 024. Textiles and textile goods, namely, household linen including bed [ and bath ] linen [, handkerchiefs of textile ]. IC 09. Spectacles, sunglasses and spectacle cases. IC 14. Jewelry, namely, rings, earrings and ear clips, cuff links, bracelets, charms, necklaces, tie pins, medallions; horological and chronometric apparatus and instruments, namely, watches, watch cases, alarm clocks; jewelry boxes of precious metal, their alloys or coated therewith. IC 18. Leather and imitation leather products, namely, traveling bags, traveling sets comprised of bags or luggage, trunks and suitcases, garment bags for travel purposes; vanity cases sold empty, rucksacks, shoulder bags, handbags, attaché cases, document wallets and briefcases made of leather, pouches made of leather, wallets, purses, key cases, business card cases, credit card cases; umbrellas. IC 25. Clothing and undergarments, namely, shirts, teeshirts, belts, scarves, neckties, shawls, skirts, raincoats, overcoats, trousers, denim trousers, dresses, jackets, sashes for wear, bathing suits, shoes, boots. 5 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 6 of 22 Case No. 22-cv-60228-BLOOM/Valle 3,576,404 4,192,541 IC 18: boxes of leather or imitation leather for packaging and carrying goods, trunks, suitcases, traveling sets comprised of matching luggage, traveling bags, luggage, garment bags for travel, ((vanity cases not fitted, )) February 17, toiletry cases sold empty, rucksacks, satchels, handbags, 2009 beach bags, leather shopping bags, sling bags, suit carriers, shoulder bags, waist bags, purses, travel cases, briefcases, briefcase-type portfolios, leather pouches, wallets, change purses, key cases, business card cases, calling card cases. IC 03. Soaps for personal use; perfumery; essential oils; cosmetics; creams for the hair, face, and body; lotions for the hair, face, and body; shower and bath gels; shower and bath preparations; shampoos; make-up preparations, namely, foundations, lipsticks, eye shadows, mascara, make-up powder, and nail polish. IC 09. Sunglasses; spectacles; optical lenses; spectacle cases; telephones; mobile telephones; smart phones; PC tablets; personal digital assistants; MP3 players; accessories for telephones, mobile telephones, smart phones, PC tablets, personal digital assistants, and MP3 players, namely, hands-free kits for telephones, batteries, covers, housings, façades, chargers, hand straps, and neck straps. IC 14. Jewelry; key rings of precious metal; tie pins; medallions; jewelry boxes; watches; watch bands; alarm clocks; cases for timepieces. August 21, IC 16. Printed matter, namely, pamphlets, catalogs, and 2012 books in the field of travel, luggage, luxury goods, fashion, clothing, sports, the arts; publications, namely, brochures and booklets in the field of travel, luggage, luxury goods, fashion, clothing, sports, the arts; stationery; stationery articles, namely, note pads, writing books, drawing books, calendars, agendas, notebooks, envelopes, letter paper, and index cards; covers for diaries, indexes, and pads; office requisites, namely, letter trays, paper cutters, pencils, inkstands, inkwells, paperweights, pencil holders, pen holders, writing pads, pens, balls, and nibs for pens; postcards; paper labels; newspapers; printed documents, namely, printed certificates. IC 18. Boxes of leather or imitation leather for packaging and carrying goods; traveling bags; leather traveling sets of luggage; trunks; suitcases; garment bags for travel; vanity cases sold empty; toiletry bags sold 6 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 7 of 22 Case No. 22-cv-60228-BLOOM/Valle LOUIS VUITTON 4,530,921 empty; backpacks; handbags; attaché cases; leather document cases; wallets; purses; leather key cases; umbrellas. IC 24. Textiles and textile goods, namely, bath linen, bed linen, table linen, towels, bed covers, textile table cloths. IC 25. Clothing, namely, underwear, shirts, tee-shirts, pullovers, skirts, dresses, trousers, coats, jackets, belts for clothing, scarves, sashes for wear, gloves, neckties, socks, bathing suits; footwear; headwear. IC 34. Cigar and cigarette cases of leather and imitation leather. IC 09. Optical apparatus, namely, binoculars; blank USB sticks; spectacles; sunglasses; spectacle frames; spectacle glasses; spectacle cases; accessories for telephones, mobile phones, smart phones, tablet devices, PDAs, and MP3 Players, namely, covers, neck straps, neck cords, and bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories. IC 16. Paper bags; boxes of cardboard or paper; cardboard and paperboard envelopes and pouches for packaging; plastic materials for packaging, namely, bags; posters; pamphlets referring to travel; postcards; catalogs featuring luggage, travel accessories, bags, small leather goods, and clothing; paper labels; trading cards; greeting cards; business cards; invitation cards; printed publications, namely, books, newspapers, leaflets, and magazines featuring luggage, travel May 13, 2014 accessories, purses, small leather goods, and clothing; bookbinding materials; printed photographs; photograph albums; stationery, namely, note pads, desk pads, writing pads, drawing pads, envelopes, note paper; calendars; pocket calendars; note books; telephone indexes; diary covers; diaries; office requisites, namely, letter trays, paper knives, ink stands, inkwells, paper weights, pencil holders, pen holders, pencil tubs, blotting pads, pencils, fountain pens, rubber erasers, pen cases; printing types; printing blocks; table linens of paper. IC 25. Clothing, namely, pullovers, vests, shirts, teeshirts, trousers, jackets, suits, coats, rain coats, waterproof jackets, waterproof pants, overcoats, parkas, skirts, dresses, pajamas, dressing gowns, nightgowns, robe, gloves, neck ties, belts for clothing, leather belts, scarves, pocket squares, sashes for wear, shawls, stockings, socks, tights, braces for clothing, suspenders, 7 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 8 of 22 Case No. 22-cv-60228-BLOOM/Valle 4,614,736 stoles, underwear, lingerie, bathing suits; headwear; shoes; slippers; boots; half-boots. IC 26. Buttons; hooks and eyes; shoe buckles; hair accessories, namely, hair pins, barrettes, hair bows, hair clips, hair bands, hair wraps; hair ornaments; brooches for clothing; clothing fasteners, namely, scarf holders. IC 09. Optical apparatus, namely, binoculars; blank USB sticks; spectacles; sunglasses; spectacle frames; spectacle glasses; spectacle cases; accessories for telephones, mobile phones, smart phones, tablet devices, PDAs, and MP3 players, namely, covers, neck straps, neck cords, and bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories. IC 16. Paper bags, boxes of cardboard or paper, cardboard and paperboard envelopes and pouches for packaging; plastic materials for packaging, namely, bags; posters; pamphlets referring to travel; postcards; catalogs featuring luggage, travel accessories, bags, small leather goods, and clothing; paper labels; trading cards; greeting cards; business cards; invitation cards; September 30, printed publications, namely, books, newspapers, 2014 leaflets, and magazines featuring luggage, travel accessories, purses, small leather goods, and clothing; bookbinding materials; printed photographs; photograph albums; stationery, namely, note pads, desk pads, writing pads, drawing pads, envelopes, note paper; calendars; pocket calendars; note books; telephone indexes; diary covers; diaries; office requisites, namely, letter trays, paper knives, ink stands, inkwells, paper weights, pencil holders, pen holders, pencil tubs, blotting pads, pencils, fountain pens, rubber erasers, pen cases; printing types; printing blocks; table linens of paper. IC 26. Buttons; hooks and eyes; shoe buckles; hair accessories, namely, hair pins, barrettes, hair bows, hair clips, hair bands, hair wraps; hair ornaments; brooches for clothing; clothing fasteners, namely, scarf holders. See Declaration of Hadrien Huet, ECF No. [6-2] at ¶ 4; ECF No. [1-2] (containing Certificates of Registration for the Louis Vuitton Marks at issue). The Louis Vuitton Marks are used in connection with the manufacture and distribution of high-quality goods in the categories identified above. See Declaration of Hadrien Huet, ECF No. [6-2] at ¶¶ 4–5. 8 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 9 of 22 Case No. 22-cv-60228-BLOOM/Valle Defendants, through the fully interactive, commercial Internet websites and supporting domains3 operating under the domain names identified on Schedule “A” hereto (the “Subject Domain Names”), have advertised, promoted, offered for sale, or sold goods bearing what Plaintiff has determined to be counterfeits, infringements, reproductions, or colorable imitations of the Louis Vuitton Marks. See Declaration of Hadrien Huet, ECF No. [6-2] at ¶¶ 9-11. Although each Defendant may not copy and infringe each Louis Vuitton Mark for each category of goods protected, Plaintiff has submitted sufficient evidence showing each Defendant has infringed, at least, one or more of the Louis Vuitton Marks. See Declaration of Hadrien Huet, ECF No. [6-2] at ¶¶ 10-11). Defendants are not now, nor have they ever been, authorized or licensed to use, reproduce, or make counterfeits, reproductions, or colorable imitations of the Louis Vuitton Marks. See Declaration of Hadrien Huet, ECF No. [6-2] at ¶¶ 9-11. Plaintiff’s representative reviewed and visually inspected the Internet websites, including images reflecting the various items bearing the Louis Vuitton Marks offered for sale by Defendants through the Internet websites operating under the Subject Domain Names, and determined the products were non-genuine, unauthorized versions of Plaintiff’s products. See Declaration of Hadrien Huet, ECF No. [6-2] at ¶¶ 10-11. II. LEGAL STANDARD To obtain a temporary restraining order, 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- 3 Plaintiff asserts Some Defendants use their Subject Domain Names to act as supporting domain names to direct traffic to their fully-interactive, commercial websites, including those operating under other Subject Domain Names, from which consumers can complete purchases. See Declaration of Virgilio Gigante [6-3] at ¶ 2, n.1. 9 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 10 of 22 Case No. 22-cv-60228-BLOOM/Valle movant; and (4) that the entry of the relief would serve the public interest.” Schiavo ex. rel 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) (applying the test to a preliminary injunction in a Lanham Act case). Additionally, a court may only issue a temporary restraining order without notice to the adverse party or its attorney if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition [and] (B) the movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required. Fed. R. Civ. P. 65(b)(1). Ex parte temporary restraining orders “should be restricted to serving their underlying purpose of preserving the status quo and preventing irreparable harm just so long as is necessary to hold a hearing and no longer.” Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers Local No. 70, 415 U.S. 423, 439 (1974). III. ANALYSIS The declarations Plaintiff submitted in support of its Application for Temporary Restraining Order 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 or using counterfeits, reproductions, or colorable imitations of the Louis Vuitton Marks, and that the products Defendants are selling and promoting for sale are copies of Plaintiff’s products that bear copies of the Louis Vuitton Marks; B. Because of the infringement of the Louis Vuitton Marks, Plaintiff is likely to suffer immediate and irreparable injury if a temporary restraining order is not granted. It clearly appears from the following specific facts, as set forth in Plaintiff’s Complaint, Application for Temporary Restraining Order, and accompanying declarations on file, that immediate and irreparable loss, 10 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 11 of 22 Case No. 22-cv-60228-BLOOM/Valle damage, and injury will result to Plaintiff and to consumers before Defendants can be heard in opposition unless Plaintiff’s request for ex parte relief is granted: 1. Defendants own or control Internet websites, domain names, or website businesses which advertise, promote, offer for sale, and sell products bearing or using counterfeit and infringing trademarks in violation of Plaintiff’s rights; 2. There is good cause to believe that more counterfeit and infringing products bearing or using 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 and an unnatural erosion of the legitimate marketplace in which it operates; and 3. There is good cause to believe that if Plaintiff proceeds on notice to Defendants of the Application for Temporary Restraining Order, Defendants can easily and quickly transfer the registrations for many of the Subject Domain Names, or modify registration data and content, change hosts, and redirect consumer traffic to other websites, thereby thwarting Plaintiff’s ability to obtain meaningful relief. C. The balance of potential harm to Defendants in restraining their trade in counterfeit and infringing branded goods if a temporary restraining order is issued is far outweighed by the potential harm to Plaintiff, its reputation, and its goodwill as a manufacturer and distributor of quality products, if such relief is not issued; and D. The public interest favors issuance of the temporary restraining 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. 11 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 12 of 22 Case No. 22-cv-60228-BLOOM/Valle IV. CONCLUSION Accordingly, it is ORDERED AND ADJUDGED that Plaintiff’s Application for Temporary Restraining Order, 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 temporarily restrained: a. From manufacturing, importing, advertising, promoting, offering to sell, selling, distributing, or transferring any products bearing or using the Louis Vuitton 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 or using the Louis Vuitton 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 or using the Louis Vuitton 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 the use of the Louis Vuitton Marks or any confusingly similar trademarks, on or in connection with all Internet websites, domain names, or businesses owned and operated, or controlled by them, including the Internet websites operating under the 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 the use of the Louis Vuitton 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 12 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 13 of 22 Case No. 22-cv-60228-BLOOM/Valle 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 Internet websites registered, owned, or operated by each Defendant, including the Internet websites operating under the Subject Domain Names; (4) Each Defendant shall not transfer ownership of the Subject Domain Names during the pendency of this action, or until further Order of the Court; (5) Each Defendant shall preserve copies of all computer files relating to the use of any of the Subject Domain Names and shall take all steps necessary to retrieve computer files relating to the use of the Subject Domain Names that may have been deleted before the entry of this Order; (6) Upon Plaintiff’s request, the domain name registrar and/or privacy protection service for any of the Subject Domain Names are ordered to disclose to Plaintiff the true identities and contact information of the registrant of the Subject Domain Name; (7) Upon entry of this Order, Plaintiff shall provide a copy of the Order by e-mail to the registrar of record for each of the Subject Domain Names. Upon receipt of the Order, the registrar of record for each of the Subject Domain Names shall immediately lock each of the Subject Domain Names; shall notify each registrant of record of the Order; and shall provide notice of the locking of the domain name to the registrant of record. After providing such notice to the registrars so the domain names may be locked, Plaintiff shall also provide notice and a copy of this Order to the registrant for each Subject Domain Name via e-mail to the e-mail address provided as part of the domain registration data for each of the Subject Domain Names identified in the Application for Temporary Restraining Order. If an e-mail address was not provided as part of the domain registration data for a Subject Domain Name, Plaintiff shall provide notice and a copy of this Order to the operators of the Internet websites via an onsite e-mail address and/or 13 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 14 of 22 Case No. 22-cv-60228-BLOOM/Valle online contact form provided on the Internet websites operating under such Subject Domain Names. Forty-eight (48) hours after e-mailing this Order to the registrars of record and the registrants, Plaintiff shall provide a copy of this Order to the registrars and the registries for the Subject Domain Names for the purposes described in Paragraph 8, below; (8) The domain name registrars for the Subject Domain Names shall immediately assist in changing the registrar of record for the Subject Domain Names, to a holding account with a registrar of Plaintiff’s choosing (the “New Registrar”), excepting any such domain names which such registrars have been notified in writing by Plaintiff have been or will be dismissed from this action, or as to which Plaintiff has withdrawn its request to immediately transfer such domain names. 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, the top-level domain (TLD) registries, for the Subject Domain Names, or their administrators, including backend registry operators or administrators, 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 to a holding account with the New Registrar, excepting any such domain names which such registries have been notified in writing by Plaintiff have been or will be dismissed from this action, or as to which Plaintiff has withdrawn its request to immediately transfer such domain names. 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, or until further order of the Court. Additionally, the New Registrar shall immediately institute a temporary 302 domain name redirection which will automatically redirect any visitor to the Subject Domain Names to the following Uniform Resource Locator (“URL”) http://servingnotice.com/Ls39fx1/index.html whereon copies of the Complaint, this Order, and all 14 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 15 of 22 Case No. 22-cv-60228-BLOOM/Valle 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 NS1.MEDIATEMPLE.NET and NS2.MEDIATEMPLE.NET, which will cause the domain names to resolve to the website where copies of the Complaint, this Order, and all other documents on file in this action shall be displayed. After the New Registrar has effected this change, the Subject Domain Names shall be placed on lock status by the New Registrar, preventing the modification or deletion of the domains by the New Registrar or Defendants; (9) This Order shall apply to the Subject Domain Names, associated websites, and any other domain names and websites which are being used by Defendants for the purpose of counterfeiting the Louis Vuitton Marks at issue in this action and/or unfairly competing with Plaintiff; (10) As a matter of law, this Order shall no longer apply to any Defendant or associated domain name dismissed from this action, or as to which Plaintiff has withdrawn its request for a temporary restraining order; (11) This Order shall remain in effect until the date for the hearing on the Motion for Preliminary Injunction set forth below, or until such further dates as set by the Court or stipulated by the parties; (12) Pursuant to 15 U.S.C. § 1116(d)(5)(D) and Federal Rule of Civil Procedure 65(c), Plaintiff shall post 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; 15 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 16 of 22 Case No. 22-cv-60228-BLOOM/Valle (13) A hearing is set before this Court via Zoom video conference on February 22, 2022, at 9:00 a.m., at which time Defendants or any other affected persons may challenge the appropriateness of this Order and move to dissolve the same and at which time the Court will hear argument Plaintiff’s on requested preliminary injunction. The link to join is https://www.zoomgov.com/j/1614448272?pwd=amJXZFJkMVptN0tXVU9OSTJSRUpXZz09. Alternatively, the Meeting ID is 161 444 8272 and the Passcode is 516774; (14) Plaintiff shall serve copies of the Complaint, the Application for Temporary Restraining Order, and this Order on each Defendant by e-mail as described above and by posting copies of the Complaint, Application for Temporary Restraining Order, and this Order, and all other pleadings and documents filed in this action on the website located at http://servingnotice.com/Ls39fx1/index.html4 within forty-eight (48) hours of control of the Subject Domain Names being changed to the Court via the New Registrar’s holding account, and such notice so given shall be deemed good and sufficient service thereof. Plaintiff shall continue to provide notice of these proceedings and copies of the documents on file in this matter to Defendants by regularly updating the website located at http://servingnotice.com/Ls39fx1/index.html, or by other means reasonably calculated to give notice which is permitted by the Court; and (15) Any response or opposition to Plaintiff’s Motion for Preliminary Injunction must be filed and served on Plaintiff’s counsel forty-eight (48) hours prior to the hearing set for February 22, 2022, at 9:00 a.m., and filed with the Court, along with Proof of Service. Plaintiff shall file any Reply Memorandum twenty-four (24) hours prior to the hearing set for February 4 In this Circuit, Rule 65 has been interpreted to require that a party have notice of the motion and hearing; perfecting service on a defendant is not a prerequisite to the entry of a preliminary injunction order. See Corrigan Dispatch Co. v. Casa Guzman, S.A., 569 F.2d 300, 302 (5th Cir. 1978); Diamond Crystal Brands, Inc. v. Wallace, 531 F. Supp. 2d 1366, 1370-71 (N.D. Ga. 2008). 16 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 17 of 22 Case No. 22-cv-60228-BLOOM/Valle 22, 2022, at 10:00 a.m. The above dates may be revised upon stipulation by all parties and approval of this Court. Defendants are on notice that failure to appear at the hearing may result in the imposition of a preliminary injunction against them pursuant to 15 U.S.C. § 1116(d), The All Writs Act, 28 U.S.C. § 1651(a), Federal Rule of Civil Procedure 65, and this Court’s inherent authority; The Clerk of Court is directed to UNSEAL all docket entries in this case. DONE AND ORDERED in Chambers at Miami, Florida, on February 8, 2022. ________________________________ BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record. 17 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 18 of 22 Case No. 22-cv-60228-BLOOM/Valle SCHEDULE “A” DEFENDANTS BY NUMBER AND SUBJECT DOMAIN NAME Defendant Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Defendant / Subject Domain Name lvhut.net louis-special-sale.shop goslouisvuitton.com louisved.xyz louisvued.com louisvuitton-my.site lovelvbag.store lvicon.online lv-malaysia.store lvoutlet.ca lvreplicashop.com lv-thegardens.com malaysia-lv.com malaysia-lvbag.store my-lvbag.info perfectlouisvuittonsale.com replicalvonline.com thegardens-lv-kl.com toplvmall.com aaaluxurybags.com 66shop.ru aaaclothing.ru aaapurse.nu aaareplica.co aaraplica.com abcbyiktuys.pw acmaaslea.top addnss.com aimji.live annjxauo.top associateadapt.top bagsreplica.de baofse.top bdkind.store bdznednz.top 18 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 19 of 22 Case No. 22-cv-60228-BLOOM/Valle 36 37 38 39 40 41 42 43 44 44 44 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 68 69 70 bestbag.shop bestqualityreplica.ru btsmud.top buyebag.top bvcnta.top bxsyeao.top cbhjskv.top cdftbag.top chinareplicbagas.com dolabuy.ru replicacloibag.com thebagsreplicas.com cmsbeb.top cnaveua.top cnvjgrks.top copybagssale.com copyforbags.com corabags.ru csffbg.top daphnesale.ru demakoaf.top dfsdfgrg.shop dropthenew.com dvrcbht.top e8bags.co ehdgfsh.top eyushi.top ezzcc.com fabag.ru fakescu.com famouside.com fashionbags-sale.com fashionhouse.buzz fasionoto.ru fauxbagsale.com fcdshsu.top mnchwa.top fxtayhk.top gdhnawo.top 19 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 20 of 22 Case No. 22-cv-60228-BLOOM/Valle 71 72 73 74 75 76 77 78 78 79 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 105 106 handbagsreplicastore.com hbndgyw.top hellosneaker.ru kindsneaker.net kopi-6.com krosshop24.ru lianwholesale.com lilysale.ru lilysite.ru luxcrime.ru lux-crime.ru luxebagseu.com luxesborse.com luxruy.com luxury2018.com luxurybagaa.com luxurybagoutlet.com luxurymybag.com luxuryshoesu.de luxurysuu.com luxurytasticreps.ru luxusdiva.com mandybrands-03.com mcdeue.top mchaui.top mckswh.top mdjitcx.top methodc.com mfjernc.top mfvjrsew.top mgifkdls.top mgsaywa.top mhsebag.top mhycbag.top mnxhua.top mnxwok.top modecina.cn modecina.ru mxnbzw.top 20 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 21 of 22 Case No. 22-cv-60228-BLOOM/Valle 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 mxsajkw.top mzbhwu.top nbvrtyf.top ncaxzjbn.top nceubag.top ncmfjrs.top ncrsfsd.top ncyesizs.top ndsyve.top neverfulloutlet.com newbuybuystations.com ngfsfsfd.top nmjhac.top nvxdedx.top nyseti.top originalhandbag.top outletborsa.net perfectfakebags.com pkajstore.com pkshoe.com pkshoe.net popbrandcenter.com pursevalleyfactory.la qdfdny.top qdncz.top qualitybestbags.com realfashion24.com replica-watches-germany.com replicawatchespro.co replicaxi.com resinstatue.club sdehbag.top sffp.shop sneakerinbox.com taikcmj.top tangerjapanoutlet.com thcodway.com theybag.top tikhub.ru 21 Case 0:22-cv-60228-BB Document 9 Entered on FLSD Docket 02/09/2022 Page 22 of 22 Case No. 22-cv-60228-BLOOM/Valle 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 toplifeshop.com towbag.shop udifskb.top uenmbag.top uhdsahwo.top ujhyfsdt.top vipsluxurybags.com vlixcolux.com vmnxjews.top wdvbf.top wfvnbag.top xcfwnm.top xndjosen.top xnhyao.top xnwyid.top yangyuejianqiali.com yfkew.com yreplicabags.com ytgfdlcm.top ytrfegh.top 22

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