National Association for Stock Car Auto Racing, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING, LLC, Plaintiff, Civil Action No. 3:26-cv-00602

v. THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT, Defendants.

MEMORANDUM AND TEMPORARY RESTRAINING ORDER I. INTRODUCTION THIS MATTER is before the Court on Plaintiff National Association for Stock Car Auto Racing, LLC’s (“Plaintiff” or “NASCAR”) Motion for Ex Parte Temporary Restraining Order pursuant to Rule 65 of the Federal Rules of Civil Procedure, 15 U.S.C. § 1116, 15 U.S.C. § 1114, and 15 U.S.C. § 1125(a). As discussed below, having carefully considered the Motion and accompanying arguments and exhibits, the Court will GRANT a limited ex parte temporary restraining order as set forth below. II. APPLICABLE LEGAL STANDARDS A temporary restraining order is appropriate and will issue where the movant demonstrates

(1) likelihood of success on the merits; (2) likelihood that it will suffer irreparable harm absent immediate relief; (3) the balance of the equities tip in the movant’s favor; and (4) injunctive relief is in the public’s interest. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); dmarcian, Inc. v. dmarcian Eur. BV, 60 F.4th 119, 138 (4th Cir. 2023). “The substantive standard for granting either a temporary restraining order or a preliminary injunction is the same.” Patel v. Moron, 897 F. Supp. 2d 389, 395 (E.D.N.C. 2012). Rule 65(b) of the Federal Rules of Civil Procedure

authorizes this Court to hear and issue TRO motions ex parte where “specific facts in an affidavit or 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 “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). III. FINDINGS OF FACT AND CONCLUSIONS OF LAW This Court makes the following findings of fact and conclusions of law: 1) Plaintiff owns four federal trademark registrations (the “NASCAR Trademarks”) as follows:

Trademark Registration No. Goods Covered CLASS 6: common metals; namely, key chains, license plates and pins;

CLASS 9: scientific apparatus; namely, sunglasses and walkie talkies;

CLASS 14: precious metals; namely, silver medallions, bronze medallions and wrist watches;

CLASS 16: Paper articles, namely, bumper stickers, calendars, display counter units for trading cards, decals, pens, mounted and unmounted NASCAR 1,908,112 photographs, notebooks, trading cards and laminated signs; CLASS 18: leather and leather imitations; namely, back packs, credential holders, wallets, fanny packs;

CLASS 21: household utensils; namely, mugs, shot glasses, drinking glasses and plastic sport bottles; CLASS 24: textile goods; namely, beach towels, blankets; cloth banners; Trademark Registration No. Goods Covered CLASS 25: clothing; namely, caps, baseball hats, sweat shirts, sweat pants, footwear, golf shirts, jackets, knit caps, pants, vests, shorts, straw hats, sweaters, tank tops, T-shirts and Visors CLASS 28: games and playthings; namely, board games, die cast miniature cars, die cast miniature trucks, plush stuffed animals; CLASS 30: edible goods; namely, chocolate candy bars and cookies CLASS 25: Clothing, namely, caps, hats, baseball hats, straw hats, visors, tops, collared shirts, sport shirts, golf INASCAR 5,388,088 shirts, t-shirts, tank tops, sweaters, sweat shirts, jackets, coats, rainwear, sweat pants, pants, shorts, nightgowns, pajamas, robes, vests, socks, belts, shoes, and footwear CLASS 25: Clothing, namely, caps, hats, baseball hats, headwear, visors, 5,578,788 tops, collared shirts, sports shirts, golf shirts, t-shirts, tank tops, sweaters, sweat-shirts, jackets CLASS 25: Clothing, namely, caps, hats, baseball hats, headwear, visors, tops, collared shirts, sports shirts, golf shirts, t-shirts, tank tops, sweaters, sweat-shirts, jackets; ae CLASS 41: Entertainment services, I SPA 6,196,869 namely, conducting motorsports CUP SERIES racing events; regulating, governing, SS and sanctioning motorsports racing events; providing an online database featuring news and information regarding motorsports via computer information networks, global networks and wireless networks;

Trademark Registration No. Goods Covered entertainment services, namely, programs featuring motorsports racing and news, information, and developments regarding motorsports racing, all rendered through television and radio;

2) Each Defendant is alleged to be a non-U.S. entity, association, or individual, located in a foreign jurisdiction, each of which sells, offers for sale, distributes, and/or advertises goods through e-commerce stores operating on various e-commerce marketplaces, including but not limited to, PayPal Inc. (“PayPal”), Amazon.com, Inc. (“Amazon”), WhaleCo, Inc. (“Temu”), and Walmart, Inc. (“Walmart”) (each a “Marketplace” and, collectively, the “Marketplaces”). 3) Each Defendant is alleged to have used in commerce a reproduction, counterfeit, copy, or colorable imitation of one or more of the NASCAR Trademarks on or in connection with the sale, offer for sale, distribution, or advertising of goods on their respective Seller Aliases on the Marketplaces (“Infringing Products”). 4) Each Defendant is allegedly offering Infringing Products for sale throughout the United States and shipping Infringing Products to the United States. 5) Defendants are subject to the personal jurisdiction of this Court pursuant to Rule 4(k)(2) of the Federal Rules of Civil Procedure and North Carolina’s long-arm statute (N.C. Gen. Stat. § 1-75.4). Based on the facts set forth above, it is reasonable for Defendants to expect that they may be sued in the United States. 6) Plaintiff has never authorized any of the Defendants to use any of the NASCAR Trademarks on or in connection with the sale, offer for sale, distribution, or advertising of any goods in the United States. 7) Plaintiff has established for purposes of this temporary injunction that the Infringing Products offered for sale by Defendants are not genuine and that each Defendant is using one or more of the NASCAR Trademarks or a colorable imitation of the NASCAR Trademarks on or in connection with the sale, offer for sale, distribution, or advertising of Infringing Products. 8) Thus, Plaintiff has established for the purpose of this motion that it is substantially likely to succeed on the merits of its trademark infringement claims: a) Plaintiff owns valid federal trademark registrations for the NASCAR

Trademarks; b) The Infringing Products that Defendants are advertising and offering for sale are not genuine; c) Defendants are using spurious marks that are identical to, or substantially similar to, the NASCAR Trademarks in commerce on or in connection with the sale, offer for sale, distribution, and/or advertising of the Infringing Products; d) Defendants’ use of the NASCAR Trademarks or colorable imitations of the NASCAR Trademarks is likely to cause consumer confusion, mistake, or deception as to the source or origin of the Infringing Products;

e) Alternatively and/or additionally, each Defendant is using in commerce a word, term, name, symbol, or device, or a combination thereof, or a false or misleading representation of fact on or in connection with its goods in a manner that is likely to cause confusion, or to cause mistake, or to deceive, as to the affiliation, connection, or association of each Defendant with Plaintiff, or as to the origin, sponsorship, or approval of each Defendant’s goods or commercial activities by Plaintiff. 9) Under 15 U.S.C. § 1116(a), Plaintiff is entitled to a rebuttable presumption of irreparable harm because Plaintiff is seeking a temporary restraining order or a preliminary injunction and has demonstrated a likelihood of success on the merits. As held in the preceding paragraphs, Plaintiff has demonstrated a likelihood of success on the merits and is, therefore, automatically entitled to a presumption of irreparable harm, thereby satisfying the second factor of the temporary restraining order analysis. 10) Even in the absence of the rebuttable presumption, Plaintiff has shown that it is likely to suffer irreparable harm if an injunction does not issue. The proliferation of counterfeit and/or infringing copies of Plaintiff’s goods erodes the distinctiveness of the NASCAR

Trademarks and diminishes their value and associated goodwill. Because Plaintiff cannot control the quality of counterfeit and infringing goods, the sale of inferior counterfeit or infringing goods by Defendants may have a materially adverse effect on Plaintiff’s business reputation and the goodwill associated with the NASCAR Trademarks. This is sufficient to establish a likelihood of irreparable harm. The widespread and unauthorized use of the NASCAR Trademarks in the marketing, offering for sale, and sale of counterfeit and/or infringing goods threatens the extensive goodwill associated with Plaintiff’s business and the NASCAR Trademarks, and will continue to undermine and stifle the sale of Plaintiff’s own, genuine goods. There is a significant threat that Plaintiff will suffer irreparable harm without an injunction.

11) It is likely that Plaintiff will suffer immediate and irreparable loss, damage, or injury unless Plaintiff’s request for ex parte relief is granted:

a) It is likely that Defendants will continue to sell counterfeit and infringing goods on the Marketplaces in the absence of the requested TRO, causing immediate and irreparable harm to Plaintiff’s business and reputation; b) As a result, it is likely that consumers will continue to be misled, confused, and disappointed by the quality of these goods, thereby significantly and irreparably damaging Plaintiff’s valuable goodwill; and c) Plaintiff may continue to suffer lost sales of genuine goods as the result of the lower-cost Infringing Products offered for sale by Defendants. 12) The balance of harms favors Plaintiff. If the TRO is denied, Plaintiff will continue to suffer the above-mentioned irreparable harm to its reputation and the goodwill associated with the NASCAR Trademarks. On the other hand, enjoining Defendants from selling counterfeit and/or infringing goods simply requires them to follow the law and any harm Defendants may suffer is purely monetary and is therefore compensable, unlike the harm that Plaintiff will continue to

suffer. 13) Plaintiff has further demonstrated that this TRO should be granted ex parte. If Plaintiff had provided Defendants notice of its application for TRO, Defendants might have ended their operations under their current names in the Marketplaces (to the extent they had not already done so), transferred any ill-gotten gains away from the Marketplaces, hidden their identities, covered up evidence of their infringing activities, and shielded their ill-gotten assets by transferring them beyond the Court’s reach in a concerted effort to avoid liability and prevent Plaintiff from achieving a meaningful recovery. 14) Granting Plaintiff an ex parte TRO is also in the public’s interest. It will prevent

consumer confusion in the marketplace and remove from the stream of commerce Infringing Products of unknown and likely inferior quality and composition, thereby preventing consumer harm, confusion, mistake, and deception. 15) However, the Court declines to, at this time, order any financial restraints, freeze or seizure of funds or blanket restrictions on the Marketplaces doing business with Defendants. Significantly, the Court’s initial review of three of the four Defendants who are alleged to be selling on Amazon (Bimila leather store, Buy and Catch Online Store and “Golia”) reveals that one is misnamed (Golia should be Golin) and nearly all of the items offered for sale are unrelated to NASCAR and do not appear to be infringing on any other recognized intellectual property. The fourth has only two items for sale – one is a “Ricky Bobby” costume that includes a small patch that includes “NASCAR” – and the other is unrelated to NASCAR. The Court will not shut down these entities based on that very thin evidence of infringement. With respect to the remaining 92 Defendants who are alleged to sell on Temu, the Court has been unable (through a sampling review of these Defendants) to locate the alleged infringing products or even online stores on Temu that bear these names. Accordingly, even though the Court

does not question the accuracy of Plaintiff’s representations regarding the prior infringing activities of these other Defendants nor doubt the claimed prevalence of the sale of counterfeit goods, given the overall lack of evidence with respect to the Amazon listings and the absence of any apparent ongoing harm from these Defendants, the Court is similarly unwilling to order Marketplaces and financial institutions to shut down or freeze the assets of these entities to the extent they are still doing business. More broadly, it appears that NASCAR’s primary complaint – which it candidly describes – is that it is “overwhelmed” by the amount of online sales of counterfeit goods, to which the current legal rules and tools are inadequate to respond. And it wants this Court to step into the breach to order

Marketplaces and financial institutions to take further steps to combat this unlawful conduct. See Doc. No. 1 at ¶ 22. The Court acknowledges, indeed shares, Plaintiff’s concern that online opportunities and the sophisticated practices of infringers may have sped ahead of existing legal restraints. However, this Court should not and will not solve these thorny problems simply by judicial fiat. Congress has developed intellectual property protection statutes that balance the rights of intellectual property owners, Marketplaces, financial institutions and other stakeholders and it is Congress, not the Courts, from which Plaintiff needs to seek a rebalancing of those interests that more closely aligns with new commercial realities. See, e.g., Georgia v. Public.Resource.Org, Inc., 590 U.S. 255, 272 (2020) (“[I]t is generally for Congress, not the courts, to decide how best to pursue the Copyright Clause's objectives.”). In light of the foregoing, it is hereby ORDERED AND ADJUDGED that Plaintiff’s Motion for Ex Parte Temporary Restraining Order is GRANTED as follows: 1) Each Defendant (as reflected on the attached Schedule A), its officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with any Defendant having notice of this Order is hereby ordered to temporarily:

a) Cease and refrain from manufacturing, advertising, offering for sale, selling, distributing, destroying, selling off, transferring, or otherwise disposing of any Infringing Products; b) Cease and refrain from manufacturing, advertising, offering to sell, selling, reproducing, or distributing any goods utilizing the NASCAR Trademarks, or any confusingly similar goods, other than genuine products manufactured or distributed by Plaintiff or its authorized manufacturers and distributors; and c) Cease and refrain from destroying, selling off, transferring, or otherwise

disposing of any documents, electronically stored information, or financial records or assets of any kind relating to the manufacture, importation, sale, offer for sale, distribution, or transfer of any Infringing Products; d) Cease and refrain from using the NASCAR Trademarks on or in connection with any entity or selling alias that any Defendant may own, operate, or control on any Marketplace; e) Cease and refrain from any and all use of the NASCAR Trademarks as metatags, on any webpage (including the title of any web page), in any advertising links to other websites, from search engines’ databases or cache memory, or any other form of use of such terms that are visible to a computer user or serves to direct computer searches to any entity or selling alias registered, owned or operated by any Defendant on any Marketplace; and f) Cease and refrain from altering, disabling, closing, or transferring ownership of any seller alias on any Marketplace during the pendency of this Action, or until further Order of the Court.

2) For the duration of this suit, each Defendant must preserve all documents and electronically stored information arising from or related to its sale, offer for sale, distribution, and advertising of Infringing Products through any entity or selling alias located on the Marketplaces. 3) Within seven (7) days of receiving actual notice of this Order, all Financial Institutions that receive actual notice of this Order shall provide a report to Plaintiff for each Defendant having any account with any Financial Institution, the report to include, at a minimum, the following information: a) Legal name and email address of each Defendant;

b) Identity of all financial accounts linked to or associated with each Defendant’s account associated with any entity or selling alias used on the Marketplaces, or from or to which funds have been transferred from the attached accounts, including the name of the Financial Institution, account numbers, routing numbers, and other relevant data to allow Plaintiff to seek further application of this Order. 4) Upon receipt of notice of this Order, each Marketplace on which a Defendant maintains a Seller Alias or account is ordered to within seven (7) days: a) Provide to Plaintiff the name and email address of each Defendant having an account or store on the Marketplace; and b) Disable any infringing product listings specifically identified by Plaintiff for each of the Defendants’ entities or selling alias on the Marketplaces. 5) Plaintiff is authorized to issue expedited written discovery, pursuant to Federal Rules of Civil Procedure 33, 34 and 36, related to: a) the identities and locations of Defendants, their officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with any Defendant, including all known contact information, including any and all associated e-mail addresses; and

b) the nature of Defendants’ operations and all associated sales, methods of payment for services and financial information, including, without limitation, identifying information associated with any entity or selling alias and Defendants’ financial accounts, as well as providing a full accounting of Defendants’ sales and listing history related to their respective entities or selling alias. 6) Plaintiff is authorized to issue any such expedited discovery requests by electronic means, including by electronic email. Defendants shall respond to any such discovery requests within 7 business days of being served by electronic email.

7) Plaintiff may notify the Marketplaces and Financial Institutions of this Order by electronic means, including by electronic email. 8) Pursuant to this Court’s discretion, Plaintiff shall not presently be required to post a bond or other security. However, any Defendant may appear and immediately challenge any portion of the Order and provide the Court with a reasonable estimation of its potential lost sales, along with supporting documentation sufficient to allow the Court to decide what an appropriate amount of surety would be. Plaintiff will then have one (1) week in which to file a response. 9) This Order shall remain in effect for fourteen (14) days unless the hearing on Plaintiff’s motion for an order to show cause why a preliminary injunction should not issue cannot

be heard within such time, in which case the Order shall remain in effect until the date of the hearing or until such further date as set by the Court or stipulated to by the parties. 10) This Order shall apply to Defendants, their associated entities and selling alias operating on the Marketplaces, and any other websites, domain names, seller identification names, e-commerce stores, or Financial Institution accounts which are being used by Defendants for the purpose of advertising, offering for sale, and selling any Infringing Products at issue in this action and/or unfairly competing with Plaintiff.

11) A hearing is set before this Court in the United States Courthouse located at 401 West Trade Street, Charlotte, North Carolina, 28202, Courtroom 4B, on August 31, 2026, at 10:00 a.m., at which time Defendants and/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 on Plaintiff’s requested preliminary injunction. Defendants shall appear and show cause why said preliminary injunction should not issue. 12) Plaintiff shall serve copies of the Complaint, Motion for TRO, materials required by applicable Standing Orders issued by the Court, and this Order on each Defendant by electronic email using email addresses provided by the Marketplaces, Financial Institutions, or Defendants

themselves or by other electronic means reasonably calculated to provide notice to all Defendants. However, by permitting the service of these papers by electronic means the Court is not holding that such service constitutes valid service of process; rather, this is the fastest and most effective and efficient means to provide Defendants with actual notice of the Court’s temporary ruling. 13) Any response or opposition to Plaintiff’s request for a preliminary injunction must be served on Plaintiff’s counsel by August 26, 2026, and filed with the Court, along with Proof of Service, which may be made by electronic means. Plaintiff shall file any reply memorandum on or before August 28, 2026. 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), Rule 65 of the Federal Rules of Civil Procedure, 28 U.S.C. § 1651(a), and the Court’s inherent authority. 14) This Temporary Restraining Order expires within fourteen (14) days unless the hearing on Plaintiff's motion for an order to show cause why a preliminary injunction should not issue cannot be heard within such time, in which case the Order shall remain in effect until the date of the hearing. Under Federal Rule of Civil Procedure 65(b)(2), this Order may be extended for one additional period of up to fourteen (14) days for good cause shown or by consent of the adverse party. SO ORDERED, ADJUDGED AND DECREED.

Signed: August 17, 2026

Kenneth D. Bell United States District Judge woe

Exhibit A 14

LIST OF ALL NAMED DEFENDANTS SUBJECT TO ORDER

SCHEDULE A

Doe No Seller Alias Platform Seller ID 1 Bimila leather store Amazon A31ZOSX9JLMJJB 2 Brother Apparel Amazon A18AP4UUZ1AKN7 3 Buy & Catch Online Store Amazon A2TGQT01C9UQZU 4 Golia Amazon A1ZGVJ4KRX86OD 5 Boundless T Temu 634418219922045 6 C H E N Y Temu 634418219216773 7 CENXIZI Temu 634418221003571 8 Chic Tides Temu 634418219487061 9 ChicBoutiques Temu 634418218261878 10 ClosetCrush Temu 634418219052253 11 CQHGFLY Temu 634418219224533 12 Creative Tees Temu 634418219489480 13 Customization Tips Temu 634418219749775 14 CXYEAN Temu 634418217251616 15 Den Dapper Temu 634418219605775 16 Dmb music crazy Temu 634418220005020 17 FancyDesigns Temu 634418218723231 18 Fashion Hunter A Temu 634418220874431 19 Fashionbest Temu 634418219736422 20 Fen Clothes Temu 634418219696849 21 FUSION CULTURE Temu 634418218898731 22 Fwordstshirt Temu 634418217144207 23 Gardenia Living Temu 634418218772750 24 GraffiTees Co Temu 634418222869749 25 Haloxylon tree shelf local Temu 634418219778870 26 hwdyp Temu 634418218883841 27 HXLCC Temu 634418220556363 28 HXLFF Temu 634418220719302 29 HXLGG Temu 634418220724421 30 Influence Style Temu 634418220041704 31 InnoCraft Studio Temu 634418219213140 32 INS FUN SHOP Temu 634418219821430 33 Insight Tshirt A Temu 634418220049785 34 Insight Tshirt B Temu 634418220049838 35 Jayzel Temu 634418219509986 Doe No Seller Name Platform Seller ID 36 JIAMEIAB Temu 634418221359987 37 JoyCatCII Temu 634418219998597 38 jtjihji Temu 634418220298942 39 King of Wolves Temu 634418219046653 40 LO Creative mens wear Temu 634418219612285 41 Lomorao Temu 634418219388898 42 maiziyihao Temu 634418218819098 43 Mary LLC Temu 634418219767525 44 Meaningful Time Temu 634418219490963 45 meihua yunshan Temu 634418219961983 46 MPD LLC Temu 634418219986831 47 Multifunctional Tshirt Temu 634418219736233 48 New start point Temu 634418219678953 49 Opal Otter Temu 634418220856675 50 ORTARCO Temu 634418219340710 51 Patchwork Fabric Factory Temu 634418219788398 52 Pixel Tech Prints Temu 634418220174793 53 Please stay when you come Temu 634418220516300 54 Pole Star A Temu 634418219242008 55 Progress Space Temu 634418219490994 56 purely Vintage Temu 634418219488060 57 Red Closets Temu 634418218965389 58 Royal Blue Waves Temu 634418220082638 59 RUAIZMA Temu 634418219345157 60 sanghuran clothing Temu 634418220412651 61 SFEDRR Temu 634418220200495 62 SHENHUXI Temu 634418220077281 63 SQWFashion Products Temu 634418218854542 64 Strongest mens clothing factory Temu 634418216956288 65 StrongPower Temu 634418219279851 66 Style X Spot Temu 634418218331163 67 sufeiDExl Temu 634418220556060 68 Sumatran Tiger Temu 634418218371844 69 SunMeters No Temu 634418220281807 70 Tee Bag Temu 634418220193974 71 Threaded Stories Temu 634418219844665 72 Tigons Tiger Temu 634418218453710 73 TrendyShells Temu 634418219994415 74 TTJUS Temu 634418219177184 75 UniqueTee Designs Temu 634418218521970 76 Unstd H Temu 634418220171193 77 Urban Thread Temu 634418220240618 78 UrbanBlank Customs Temu 634418222902175 Doe No Seller Alias Platform Seller ID 79 VogueHaven Temu 634418220092512 80 VRNB Temu 634418219811773 81 WDGAHYGG Temu 634418220201646 82 WeiTa GIGI Temu 634418219093632 83 White Cedars Temu 634418219484030 84 Wholesale Clothing XS Temu 634418220135544 85 Winters Solstice Temu 634418218562481 86 WONDERGIFTCX Temu 634418217477967 87 WYFDWWW Temu 634418220236921 88 xiaohuanche Temu 634418219490689 89 XMMHK Temu 634418219639431 90 Yan style clothing Temu 634418220652895 91 YelRelCoo Temu 634418219998462 92 Youth still clothes square Temu 634418219866112 93 Z Fashion Clothing Temu 634418220230496 94 ZFVZMA Temu 634418219345314 95 ZW FUNNY SPACE ONE Temu 634418220104412 96 ZZMBR Temu 634418220166356