FENDI ADELE, S.R.L. v. OTT, 16-cv-60618-KMM. (2016)
Court: District Court, N.D. Florida
Number: infdco20160418681
Visitors: 30
Filed: Apr. 15, 2016
Latest Update: Apr. 15, 2016
Summary: PRELIMINARY INJUNCTION K. MICHAEL MOORE , Chief District Judge . THIS CAUSE came before the Court on the Report and Recommendation of Magistrate Judge Chris McAliley. [DE 32]. Therein, Judge McAliley recommends that the Court grant Plaintiff's Application for Entry of a Preliminary Injunction. [DE 9]. Plaintiff has filed proof of service on all Defendants. [DE 23-26, 34-37]. No objections were filed and the time for doing so has passed. UPON CONSIDERATION, of the Report, the Motion, and a
Summary: PRELIMINARY INJUNCTION K. MICHAEL MOORE , Chief District Judge . THIS CAUSE came before the Court on the Report and Recommendation of Magistrate Judge Chris McAliley. [DE 32]. Therein, Judge McAliley recommends that the Court grant Plaintiff's Application for Entry of a Preliminary Injunction. [DE 9]. Plaintiff has filed proof of service on all Defendants. [DE 23-26, 34-37]. No objections were filed and the time for doing so has passed. UPON CONSIDERATION, of the Report, the Motion, and a ..
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PRELIMINARY INJUNCTION
K. MICHAEL MOORE, Chief District Judge.
THIS CAUSE came before the Court on the Report and Recommendation of Magistrate Judge Chris McAliley. [DE 32]. Therein, Judge McAliley recommends that the Court grant Plaintiff's Application for Entry of a Preliminary Injunction. [DE 9]. Plaintiff has filed proof of service on all Defendants. [DE 23-26, 34-37]. No objections were filed and the time for doing so has passed. UPON CONSIDERATION, of the Report, the Motion, and a de novo review of the record, it is hereby ORDERED AND ADJUDGED that Judge McAliley's Report and Recommendation is ADOPTED.
Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's Application for Preliminary Injunction is GRANTED. It is further
ORDERED AND ADJUDGED that
1. Each Defendant,1 its officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with them having notice of this Order are hereby restrained and enjoined:
a. From manufacturing, importing, advertising, promoting, offering to sell, selling, distributing, or transferring any products bearing the FENDI Marks, as defined in paragraph 18 of the Complaint [DE 1] and in Section I of the Report and Recommendation [DE 32], 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 FENDI 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 FENDI 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 them having notice of this Order shall immediately discontinue, until further order of this Court, the use of the FENDI Marks or any confusingly similar trademarks in connection with the sale and offering for sale of non-genuine versions of Plaintiff's goods, on or in connection with all Internet based e-commerce store website businesses operated or controlled by them, including the Internet based e-commerce stores operating under the Seller IDs;
3. Each Defendant, its officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with them having notice of this Order shall immediately discontinue, until further Order of this Court, the use of the FENDI Marks, or any confusingly similar trademarks in connection with the sale and offering for sale of non-genuine versions of Plaintiff's goods, within 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 Internet based e-commerce store website businesses registered by, owned, or operated by any Defendant, including the Internet based e-commerce stores operating under the Seller IDs;
4. Each Defendant shall not transfer ownership of the Internet based e-commerce store website businesses under their Seller IDs 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 Internet based e-commerce store website businesses under their Seller IDs and shall take all steps necessary to retrieve computer files relating to the use of the Internet based e-commerce stores under their Seller IDs that may have been deleted before the entry of this Order;
6. Upon receipt of notice of this Order, Amazon Payments, Inc. ("Amazon")2 and its related companies and affiliates shall, to the extent not already done, immediately identify and restrain all funds (as opposed to ongoing account activity) in, or which hereafter are transmitted into, the Amazon accounts of Defendant Numbers 1-23 as identified in Schedule "B" hereto;
7. Upon receipt of notice of this Order, PayPal, Inc. ("PayPal")3 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 of Defendant Numbers 24-27 as identified on Schedule "B" hereto;
8. Amazon and 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 Amazon and PayPal accounts identified on Schedule "B" hereto;
9. Amazon and PayPal shall further, to the extent not already done, within five business days of receiving this Order, provide Plaintiff's counsel with all data which details (i) an accounting of the total funds restrained and identifies the financial account(s) which the restrained funds are related to, and (ii) the account transactions related to all funds transmitted into the financial 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 Amazon or PayPal for any purpose (other than pursuant to a chargeback made pursuant to Amazon's or PayPal's security interest in the funds) without the express authorization of this Court;
10. Plaintiffs may move this Court to expand the scope of this Order to apply to Seller IDs, associated e-commerce stores, and any other seller identification names, e-commerce stores, PayPal accounts, or Amazon accounts, identified by sworn affidavits as being used by Defendants for the purpose of counterfeiting the FENDI Marks at issue in this action or unfairly competing with Plaintiff on the World Wide Web;
11. Any Defendant or any financial institution account holder subject to this Order may petition the Court to modify the asset restraint set out herein;
12. Plaintiff shall maintain its 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;
13. This Preliminary Injunction 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
SCHEDULE "A"
DEFENDANTS BY NUMBER AND SELLER ID
Def. Seller Display E-Commerce Store
No. Name Type
1 ALEXANDER OTT Amazon.com
2 Amanda Presley Amazon.com
3 Amazon Fashion classic case shop Amazon.com
4 an an Amazon.com
5 Chaoso Low Best Amazon.com
6 chenchaodong Amazon.com
7 DALKDAD Amazon.com
8 Elliot Rosenau001 Amazon.com
9 Fanqiekuajing E-Commerce Co., Ltd.. Amazon.com
10 If you love me Amazon.com
11 Janet Perkins Amazon.com
12 jayson Manssur Amazon.com
13 Kellycase Amazon.com
14 Liantou Liu Amazon.com
15 linxbox Amazon.com
16 liulangtao Amazon.com
17 LYL Custom Design Amazon.com
18 Marjorie Marinelli Amazon.com
19 meiyi Amazon.com
20 M-Maz Amazon.com
21 MOKEY Amazon.com
22 Rookie Xue Case Amazon.com
23 Somer Lester Shop Amazon.com
24 2013service888 eBay.com
25 balevale iOffer.com
26 hvolkan iOffer.com
27 idobeautywigs iOffer.com
SCHEDULE "B"
DEFENDANTS AND ASSOCIATED PAYMENT ACCOUNTS BY INVESTIGATION
1) Burns' Investigation: Seller IDs operating via Amazon.com — ¶ 4 and Composite Exhibit A
Def. Seller Display Item Infringing
No. Name Purchased Seller ID Product ASIN
ALEXANDER mobile phone
1 OTT case A1RCI6NN4NZSZK B00Y2F8C3Q
mobile phone
2 Amanda Presley case A2LF7PVGPWSMAC B00Y2F6ZKS
Amaz0n Fashion mobile phone
3 classic case shop case ABSR8B2TX0JOU B00XMBXQUK
mobile phone
4 an an case AD7YOHS1K2IRU B00XMBXQUK
Chaoso Low mobile phone
5 Best case AA3BYZPWOMIMA B015H21DOM
mobile phone
6 chenchaodong case A2TYFX59DW7QJA B00Y2F6ZKS
mobile phone
7 DALKDAD case A3MF79H6FS5Z30 B00Y2F6ZKS
Elliot mobile phone
8 Rosenau001 case A231J0EI3FZ4O0 B00Y2I24D2
Fanqiekuajing
E-Commerce Co., mobile phone
9 Ltd.. case A2JQ85728RI9J B019BBBHDW
mobile phone
10 If you love me case ASRFLWNIKJEKC B016NN29ME
mobile phone
11 Janet Perkins case A22GL9BY4H8YZR B015GHHJXW
mobile phone
12 jayson Manssur case AIM1QM07QRNAJ B0161CN3PE
mobile phone
13 Kellycase case A2FUWD3QW92QCB B00Y2F6ZKS
mobile phone
14 Liantou Liu case A3KOZSNXZWV1M5 B00Y2F6ZKS
mobile phone
15 linxbox case A176K10U1UFHFF B00Y2F9RIU
mobile phone
16 liulangtao case A2BHN5SSJ11PTI B00Y2F6ZKS
LYL Custom mobile phone
17 Design case A2N99WX6910YV4 B00Y2I4QRY
Marjorie mobile phone
18 Marinelli case A3BI02KUQ0W33Q B00Y2F6ZKS
mobile phone
19 meiyi case A8ZT0XNUEJMTF B00Y2FBX0K
mobile phone
20 M-Maz case A2NB16Y8ZT7GTF B017936WFM
mobile phone
21 MOKEY case A23ODPNJB0GO1O B00Y2F6ZKS
mobile phone
22 Rookie Xue Case case AMHITOBRZZAAY B00Y2F6ZKS
Somer Lester mobile phone
23 Shop case A35X4K5WA48XW4 B01BD0XRRI
mobile phone
24 2013service888 case N/A N/A
2) Burns' Investigation: Seller IDs operating via eBay.com and iOffer.com — ¶ 5 and Composite Exhibit B
Def. Seller Display E-Commerce Item PayPal
No. Name Store Type Purchased Account
mobile
24 2013service888 eBay phone case lianganbing@gmail.com
25 balevale iOffer tee-shirt gokhanbali@live.com
26 hvolkan iOffer handbag fbvolkan2@yandex.com
27 idobeautywigs iOffer Belt ibeautywigs@hotmail.com
FootNotes
1. The Defendants subject to this Preliminary Injunction are the individuals, partnerships or unincorporated associations using the seller identities set forth on Schedule "A" hereto.
2. Amazon 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 Decl. of Christine Ann Daley at ¶ 6 and Exhibit A thereto.
3. PayPal 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 Decl. of Christine Ann Daley at ¶ 7 and Exhibit B thereto.
Source: Leagle
