UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 20-cv-61941-BLOOM/Valle
RICHEMONT INTERNATIONAL SA, CARTIER INTERNATIONAL A.G., CHLOE S.A.S., MONTBLANC-SIMPLO GMBH, and OFFICINE PANERAI A.G.,
Plaintiffs,
vs.
MONTBLANCHOT.COM, et al.,
Defendants. /
ORDER GRANTING PLAINTIFFS’ EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION THIS CAUSE is before the Court upon Plaintiffs’ Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets, ECF No. [5] (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, Plaintiffs, Richemont International SA, Cartier International A.G., Chloe S.A.S., Montblanc-Simplo GMBH, and Officine Panerai A.G. (collectively “Plaintiffs”) move, 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 and an order restraining the financial accounts used by Defendants,1 and upon expiration of the temporary
1 Defendants are the Individuals, Partnerships, and Unincorporated Associations identified on Case No. 20-cv-61941-BLOOM/Valle
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 Plaintiffs have satisfied the requirements for the issuance of a temporary restraining order, the Court grants Plaintiffs’ Application for Temporary Restraining Order. I. FACTUAL BACKGROUND? Plaintiff Richemont International SA is the owner of the entire right, title and interest in and to the IWC Schaffhausen trademarks, which are valid and registered on the Principal Register of the United States Patent and Trademark Office (the “IWC Marks’’):
Trademark Registration | Registration Class / Goods Number Date August 17, IC 014 - Watches IWC 1,205,403 1982 IC 014 - Watches and parts PORTOFINO 1,846,680 July 26, 1994 | therefore IC 014 - Watches, chronometers, IWC January 8 clocks; straps for wristwatches, 4,270,382 ye boxes of precious metal for watches 2013 : SCHAFFHAUSEN and all the aforementioned goods from Switzerland IC 014 - Watches, chronometers, Iwc 4,322,600 April 23, 2013 clocks, watch bands, boxes of precious metal for watches
See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 7; ECF No. [1-2] (containing Certificates of Registrations for the IWC Marks at issue). The IWC Marks are used in connection with the
Schedule “A” hereto (collectively “Defendants”’). > The factual background is taken from Plaintiffs’ Complaint, ECF No. [1], Plaintiffs’ Application for Temporary Restraining Order, ECF No. [5], and supporting evidentiary submissions. Plaintiffs filed declarations and exhibits annexed thereto in support of their Application for Temporary Restraining Order. The declarations are available in the docket at the following entries: Declaration of Emma-Jane Tritton, ECF No. [5-1], and Declaration of Stephen M. Gaffigan, ECF No. [5-2].
manufacture and distribution of high-quality goods in the categories identified above. See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 6-7. Plaintiff Richemont International SA is the owner of the entire right, title and interest in and to the Vacheron Constantin trademarks, which are valid and registered on the Principal Register of the United States Patent and Trademark Office (the “VWACHERON CONSTANTIN Marks”): Registered Registration Registration Trademark Number Date Classes/Goods IC 014 - Cuff links; watches, chronometers, Kx 3.114.414 Tuly 11, 2006 clocks, watchstraps, cases VACHERON CONSTANTIN of precious metal for watches and jewellery IC 014 - Watches and whe 4,564,316 July 8, 2014 | Chfonometers
IC 014 - Jewelry; Cuff links; Tie clips; Jewelry in the nature of rings, bracelets, earrings, necklaces and brooches; Timepieces in the nature of clocks; Dials for clock and watch making; Key December 18 rings of precious metal; VACHERON CONSTANTIN 5,630,166 018 □ | Timepieces and chronometric instruments; Watches; Chronometers; Cases adapted for holding watches; Movements for timepieces in the nature of clocks and watches; Alarm clocks; Watch bands; Boxes of precious metal
See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 13; ECF No. [1-3] (containing Certificates of Registrations for the VACHERON CONSTANTIN Marks at issue). The VACHERON CONSTANTIN Marks are used in connection with the manufacture and distribution of high-quality goods in the categories identified above. See Declaration of Emma-Jane Tritton,
ECF No. [5-1] at 12-13. Plaintiff Cartier International A.G. is the owner of the following trademarks, which are valid and registered on the Principal Register of the United States Patent and Trademark Office (the “CARTIER Marks”): Registered Registration Registration Classes/Goods Trademark Number Date IC 008, 014 - Precious-Metal Ware-Namely, The Following Articles Made, In Whole Or In Part, Of Precious Metals Or Plated With The Same; Jewel Boxes, Fobs, Bracelets, Watch Bracelets And Buckles Therefore, January 9, CARTIER 0,411,239 Not Including Watches, Cuff 1945 Links, Brooches, Earrings, Eyeglass Cases, Cigarette Lighters, Ash Trays, Envelope Openers, Wallets, Money Clips, Perfume Bottles, Desk Sets, Handbags, Key Chains, Finger Rings. Case No. 20-cv-61941-BLOOM/Valle
IC 014 - Articles of Jewelry for Personal Wear and for Precious- Metal Ware-Namely, the Following Articles Made, in Whole or in Part, of Precious Metals or Plated with the Same-- viz, Jewel Boxes, Fobs, Bracelets, : 0.411.240 January 9, Watch Bracelets and Buckles Otter 1945 Therefor, Not Including Watches, Cuff Links, Brooches, Earrings, Eyeglass Cases, Cigarette Lighters, Ash Trays, Envelope Openers, Wallets, Money Clips, Perfume Bottles, Desk Sets, Handbags, Key Chains, Finger Rings IC 014 - Watches and Clocks and Wrist Watches with Wrist Straps and Bracelets Attached for ‘ February 13, | Securing the Same on the Wrist Cartier 0,411,975 19 45 of the Wearer, and Traveling Clocks and Watches with Covers of Leather, Fabric and the Like for Protecting Them While Traveling IC 014 - Watches and Clocks CARTIER 0,759,201 October 29, 1963 IC 014 - Jewelry-Namely,
IC 014 — Bracelets November 26, Kc 2 1,372,423 obs
IC 014 - Jewelry, Namely, \ 3,162,410 October 24, Bracelets, Watches, Rings, 2006 Charms, Earrings
□ IC 014 - Horologic and fer chronometric instruments, i ag? ) namely, watches |e Ls uy 3.989.847 August 21, [Lin & fi 282, 2007 oY BALLON BLEU 3,476,888 | July 29, 2008 - Watches, Chronometers, ocks oe IC 014 - Jewelry, Namely, Rings, Po oe SS, Bracelets, Charms, Earrings, eeneceeen te) 3,776,794 April 20, 2010 | Made Of Precious Metals “96 8 IC 014 - Jewelry and watches Cartier 4,178,047 July 24, 2012
IC 014 - Jewelry; Necklaces. January 29, □ 4,281,248 013
IC 014 - Jewelry; cuff links; tie clips; rings; earrings; necklaces; JUSTE UN CLOU 4,290,694 Pep 19, | brooches.
IC 014 — Watches Xl, ae Le Ss 6 4,483,522 | February 18, S. 2014 Ny; iA Ne
IC 014 — Watches November 27, O 4,487,142 012
fi IC 014 — Watches i —s 6 f Ts September 23, att 4,608,158 2014
a, IC 014 — Jewelry ee October 16, C = 5,583,979 S018
See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 19; ECF No. [1-4] (containing Certificates of Registrations for the CARTIER Marks at issue). The CARTIER Marks are used in connection with the manufacture and distribution of high-quality goods in the categories identified above. See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 18-19. Plaintiff Chloe S.A.S. is the owner of the following trademarks, which are valid and registered on the Principal Register of the United States Patent and Trademark Office (the “(CHLOE Marks”): Registered Registration Registration Classes/Goods Trademark Number Date IC 010, 025, 026 - Ladies’ articles January 16 of clothing for outerwear-namely, Chil 2 0,950,843 1 073 , frocks, dresses, coats, costumes, oe suits, skirts, blouses, vests and pant-suits; vests, and ladies’ shoes CHLOE 1,491,810 June 14, 1988 | IC 018 - Handbags, Purses IC 018 - travelling bags, holdalls, tote bags, handbags, credit card case; purses, wallets, key cases, coin purses, parts and fittings for all the aforesaid goods SEE BY CHLOE 2,641,982 October 29, 2002 IC 025 - clothing, namely, trousers, skirts, suits, dresses, jackets, blousons, shirts, coats, cardigans, sweaters, blouses, shorts, t-shirts, pullovers, scarves
See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 25; ECF No. [1-5] (containing the Certificates of Registration for the CHLOE Marks at issue). The CHLOE Marks are used in connection with the manufacture and distribution of high-quality goods in the categories identified above. See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 24-25. Plaintiff Montblanc-Simplo GMBH is the owner of the following trademarks, which are valid and registered on the Principal Register of the United States Patent and Trademark Office (the “MONTBLANC Marks”): Registered Registration Registration Trademark Number Date Classes/Goods IC 016 - Fountain Pens, Cases for September 1 Fountain Pens, Ball Point Pens, MONTBLANC 0,776,208 P 1964 > | Ball Point Cartridges, Ball Point Paste, Mechanical Pencils, Lead for Mechanical Pencils IC 002 - Fountain pen ink IC 016 - Fountain pens, cases for 0.839.016 November 21, | fountain pens, ball point pens, ball 1967 point cartridges, mechanical pencils, lead for mechanical pencils, desk stands for pens IC 016 - Fountain Pens, Ballpoint Pens and Mechanical Pencils MEISTERSTUCK 1,324,392 March 12, Including Sets Thereof, All Made 1985 Partially with Precious Metals and Sold in Specialty Stores IC 014 - Jewelry, watches and timepieces MONTBLANC 1,884,842 March 21, IC 018 - Purses, handbags, small 1995 . . leather articles and accessories, namely wallets and billfolds, and luggage September 2 IC 016 - Fountain pens, ball-point STARWALKER 2,759,073 P > | pens, pencils, felt-tip pens, 2003 rollerballs TIMEWALKER 2,775,693 October 21, IC 014 - Wrist watches. 2003
ir IC 016 - Writing instruments en July 26, 2,975,592 005
namely, pens | IC 016 - Writing instruments, in es ellie particular fountain pens, January 07 rollerballs, ballpoint pens, markers, 4 4,460,482 014 pencils
IC 014 - Jewelry; precious stones; precious metals and their alloys; cufflinks; tie clips; rings; bracelets; earrings; necklaces; brooches; key rings of precious metal; jewelry cases; boxes of precious metals; horological and chronometric instruments; watches; chronometers; clocks; small clocks; watch cases; watch bands; watch bracelets; key rings, trinkets, or fobs of precious metal IC 016 - Stationery; articles of Cg) paper or cardboard, namely, boxes, MONT 4,669,133 any. 13, bags, envelopes and pouches for BLANC packaging; wrapping paper; writing instruments; pouches for writing instruments; cases for writing instruments; inks and ink refills for writing instruments; desk sets; writing books; calendars, note books, card and document files, announcement cards; writing paper, envelopes, index cards; business cards; writing pads; writing instrument holders; paperweights; diaries, cover for diaries, replacement papers for diaries; inkwells; check book holders, passport holders;
document holders and cases; photo albums; bookends; money clips; writing cases for writing instruments See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 31; ECF No. [1-6] (containing Certificates of Registrations for the MONTBLANC Marks at issue). The MONTBLANC Marks are used in connection with the manufacture and distribution of high-quality goods in the categories identified above. See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 30-31. Plaintiff Officine Panerai A.G. is the owner of the following trademarks, which are valid and registered on the Principal Register of the United States Patent and Trademark Office (the “PANERAI Marks”): Registered Registration Registration Trademark Number Date Classes/Goods PANERAI 2,340,290 | April 11,2000 | IC 014 - Chronometers, watches RADIOMIR 2,418,830 | January 9, 2001 | 1C 014 - Chronometers; watches and clocks. IC 014 - Chronometers, watches
IC 014 - Boxes and cases for watches; chronometers, watches 3,004,529 October 4, 2005
IC 014- Watches and clocks; OFFICINE PANERAI 4,009,035 August 9, 2011 | Watch accessories, namely, watch straps, and buckles for watch bands and watch straps. IC 014 - Watches ag) 4,971,867 June 7, 2016
IC 014 - Chronometers, watches men el See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 37; ECF No. [1-7] (containing Certificates of Registrations for the PANERAI Marks at issue). The PANERAI Marks are used in connection with the manufacture and distribution of high-quality goods in the categories identified above. See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 36-37. Defendants, through the various fully interactive, commercial Internet websites and supporting domains operating under their domain names identified on Schedule “A” hereto (the “Subject Domain Names”), have advertised, promoted, offered for sale, or sold goods bearing and/or using what Plaintiffs have determined to be counterfeits, infringements, reproductions, or colorable imitations of the IWC Marks, VACHERON CONSTANTIN Marks, CARTIER Marks, CHLOE Marks, MONTBLANC Marks, and/or PANERAI Marks (collectively, “Plaintiffs’ Marks’). See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 42-44; see also Declaration of Stephen M. Gaffigan, ECF No. [5-2] at 2. Although each Defendant may not copy and infringe each of the Plaintiffs’ individual trademarks for each category of goods protected, Plaintiffs have submitted sufficient evidence showing each Defendant has infringed, at least, one or more of the trademarks at issue. See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 42-44. Defendants are not now, nor have they ever been, authorized or licensed to use, reproduce, or make counterfeits, reproductions, or colorable imitations of the Plaintiffs’ Marks. See Declaration of Emma-Jane Tritton, ECF No. [5- 1] at 42-43. Further, the Plaintiffs have reason to believe the Defendants use money transfer and retention services with financial institutions such as PayPal, Inc. (“PayPal”), and/or accept
payment methods including, but not limited to, Western Union, Mastercard, and Visa, to receive monies generated through the sale of counterfeit and infringing products, as the Plaintiffs’ counsel’s firm found these payment methods indicated on the websites when accessing the Subject Domain Names. See Declaration of Stephen M. Gaffigan, ECF No. [5-2] at 2.
Under Plaintiffs’ representative’s direct supervision, Incopro Limited’s reviewing representatives reviewed and visually inspected each Defendants’ websites, as well as the images of various items bearing and/or using the Plaintiffs’ Marks offered for sale by Defendants through the Internet websites operating under the Subject Domain Names, and determined the products offered for sale were non-genuine, unauthorized versions of Plaintiffs’ respective products. See Declaration of Emma-Jane Tritton, ECF No. [5-1] at 4, 43-44. 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-
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 Plaintiffs submitted in support of their Application for Temporary Restraining Order support the following conclusions of law: A. Plaintiffs have a strong probability of proving at trial that consumers are likely to be confused by Defendants’ advertisement, promotion, sale, offer for sale, and/or distribution of goods bearing and/or using counterfeits, reproductions, or colorable imitations of Plaintiffs’ Marks, and that the products Defendants are selling and promoting for sale are copies of Plaintiffs’ products that bear copies of Plaintiffs’ Marks; B. Because of the infringement of Plaintiffs’ Marks, Plaintiffs are 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 Plaintiffs’ Complaint, Application for Temporary Restraining Order, and accompanying declarations on file, that immediate and irreparable loss, damage, and injury will result to Plaintiffs and to consumers before Defendants can be heard in opposition unless Plaintiffs’ request for ex parte relief is granted: 1. Defendants own or control Internet websites, domain names, or businesses which advertise, promote, offer for sale, and sell products bearing and/or using counterfeit and infringing trademarks in violation of Plaintiffs’ rights; 2. There is good cause to believe that more counterfeit and infringing products bearing and/or using Plaintiffs’ trademarks will appear in the marketplace; that consumers are likely to be misled, confused, and disappointed by the quality of these products; and that Plaintiffs may suffer loss of sales for their genuine products; and 3. There is good cause to believe that if Plaintiffs proceed on notice to the Defendants of this Application for Temporary Restraining Order, Defendants can easily and
quickly transfer the registrations for many of the Subject Domain Names, or modify domain registration data and content, change hosts, payment accounts, and redirect consumer traffic to other websites, thereby thwarting Plaintiffs’ 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 Plaintiffs, their respective reputations and goodwill if such relief is not issued. D. The public interest favors issuance of the temporary restraining order to protect Plaintiffs’ trademark interests and protect the public from being defrauded by the palming off of counterfeit goods as Plaintiffs’ genuine goods. E. Under 15 U.S.C. § 1117(a), Plaintiffs may be entitled to recover, as an equitable
remedy, the illegal profits gained through Defendants’ distribution and sales of goods bearing and/or using counterfeits and infringements of Plaintiffs’ Marks. See Reebok Int’l, Ltd. v. Marnatech Enters., 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 freeze, in order to assure the availability of permanent relief.” Levi Strauss & Co., 51 F.3d at 987 (citing Fed. Trade Comm’n v. U.S. Oil & 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, Plaintiffs have 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 ORDERED AND ADJUDGED that Plaintiffs’ Application for Temporary Restraining Order, ECF No. [5], 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 and/or using Plaintiffs’ Marks, or any confusingly similar trademarks, other than those actually manufactured or distributed by the Plaintiffs; and
b. From secreting, concealing, destroying, selling off, transferring, or otherwise disposing of: (i) any products, not manufactured or distributed by Plaintiffs, bearing and/or using Plaintiffs’ 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 and/or using Plaintiffs’ 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 Plaintiffs’ Marks or any confusingly similar trademarks, on or in connection with all Internet websites or domain names, aliases 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 Plaintiffs’ Marks, or any confusingly similar trademarks within domain name extensions, metatags or other markers within website source code, from use on any webpage (including as the title of any web page), from any advertising links to other websites, from search engines’ databases or cache memory, and any other form of use of such terms that are visible to a computer user or serves to direct computer searches to Internet 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) Upon Plaintiffs’ request, the privacy protection service for any of the Subject
Domain Names for which the registrant uses such privacy protection service to conceal the registrant’s identity and contact information are ordered to disclose to Plaintiffs the true identities and contact information of those registrants; (6) After the Plaintiffs’ counsel has received confirmation from the financial institutions regarding the funds restrained as directed herein, Plaintiffs 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 of each for 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, Plaintiffs 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, Plaintiffs shall provide notice and a copy of this Order to the operators of the Internet websites via an onsite e- mail address and/or online submission 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, Plaintiffs shall provide a copy of this Order to the registrars and the registries for the Subject Domain Names for the purposes described in Paragraph 7, below; (7) 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 Plaintiffs’ choosing (the “New Registrar”), excepting any such domain names which
such registrars have been notified in writing by Plaintiffs have been or will be dismissed from this action, or as to which Plaintiffs have withdrawn their 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 Plaintiffs have been or will be dismissed from this action, or as to which Plaintiffs have withdrawn their 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. 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/Rw34PV/index.html whereon copies of the Complaint, this Order, 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 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 are 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; (8) 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; (9) Upon receipt of notice of this Order, the Defendants and all financial institutions, payment processors, banks, escrow services, money transmitters, or marketplace platforms, including but not limited to, PayPal, Inc. (“PayPal”), and their related companies and affiliates shall (i) immediately identify and restrain all funds in all financial accounts and/or sub-accounts associated with the Internet websites operating under the Subject Domain Names and/or the e-mail addresses identified on Schedule “A” hereto, as well as any other related accounts of the same customer(s); (ii) identify all other accounts which transfer funds into the same financial institution account(s) or any of the other financial accounts subject to this Order; (iii) restrain the transfer of all funds, as opposed to ongoing account activity, held or received for their benefit or to be
transferred into their respective financial accounts, and any other financial accounts tied thereto; and (iv) immediately divert those restrained funds to a holding account for the trust of the Court. (10) Upon receipt of notice of this Order, the Defendants and all financial institutions, payment processors, bank, escrow services, money transmitters, or marketplace platforms receiving notice of this Order, including but not limited to, PayPal, and their related companies and affiliates, shall further, within five business days of receiving this Order, provide Plaintiffs’ counsel with all data that details (i) an accounting of the total funds restrained and identify the financial account(s) and sub-account(s) which the restrained funds are related to, and (ii) the account transactions related to all funds transmitted into the financial account(s) and sub- account(s) which have been restrained. Such restraining of the funds and the disclosure of the
related financial institution account information shall be made without notice to the account owners or the financial institutions until after those accounts are restrained. No funds restrained by this Order shall be transferred or surrendered by any financial institution, payment processor, bank, escrow service, money transmitter, or marketplace website, including but not limited to, PayPal, and their related companies and affiliates for any purpose (other than pursuant to a chargeback made pursuant to their security interest in the funds) without the express authorization of this Court; (11) This Order shall remain in effect until the ruling on Plaintiffs’ Motion for Preliminary Injunction, or until such further dates as set by the Court or stipulated to by the parties; (12) This Order shall apply to the Subject Domain Names, associated websites, and any other domain names, websites, or financial accounts which are being used by Defendants for the purpose of counterfeiting Plaintiffs’ Marks at issue in this action and/or unfairly competing with the Plaintiffs;
(13) Any Defendant or financial institution account holder subject to this Order may petition the Court to modify the asset restraint set out in this Order; (14) 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 Plaintiffs have withdrawn their request for a temporary restraining order; (15) Pursuant to 15 U.S.C. § 1116(d)(5)(D) and Federal Rule of Civil Procedure 65(c), Plaintiffs 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;
(16) A Zoom videoconference hearing is set before this Court on October 2, 2020, at 1:00 P.M. The parties may appear remotely on the date and time set forth above, 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 on Plaintiffs’ requested preliminary injunction. The Zoom hyperlink is: https://www.zoomgov.com/j/1608946913?pwd=MDh4TU1FdHh6bVQ2NE1ReVFPMDdHU T09. Alternatively, the Zoom Meeting ID is: 160 894 6913; and the Password is: 686099. (17) After Plaintiffs’ counsel has received confirmation from the financial institutions regarding the funds restrained as directed herein, Plaintiffs shall serve a copy 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/Rw34PV/index.html3 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. Plaintiffs 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/Rw34PV/index.html or by other means reasonably calculated to give notice which is permitted by the Court. (18) Any response or opposition to Plaintiffs’ Motion for Preliminary Injunction must be filed and served on Plaintiffs’ counsel forty-eight (48) hours prior to the hearing set October 2, 2020, at 1:00 P.M., and filed with the Court, along with Proof of Service. Plaintiffs shall file
any Reply Memorandum twenty-four (24) hours prior to the hearing set for October 2, 2020, at 1:00 P.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.
3 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). Case No. 20-cv-61941-BLOOM/Valle
DONE AND ORDERED in Chambers at Miami, Florida, on September 25, 2020.
BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record via E-mail
SCHEDULE “A” DEFENDANTS BY NUMBER, SUBJECT DOMAIN NAME, AND ASSOCIATE E-MAIL ADDRESSES
Defendant Defendant / Domain Name E-mail Address Number 1 montblanchot.com watchesoem@aliyun.com 1 bluereplicawatches.com watchesoem@aliyun.com 1 hotreplicawatches.co watchesoem@aliyun.com 1 luxuryreplicawatches.net watchesoem@aliyun.com 1 perfectreplicawatches.com watchesoem@aliyun.com 1 replicawatches.live watchesoem@aliyun.com 1 replicawatchescub.com watchesoem@aliyun.com 2 aaabagtrade.ru aaabagstrade@hotmail.com 3 aaawatch.cc aaa-watch@outlook.com 4 aaawatchs.com watchesc@outlook.com eileen.fang@aol.com 5 abestwatch.com bestwatcheseller@gmail.com 5 bestwatchus.com 5 cheapscaps.com 5 copywatchus.com 5 ireplicawatchesuk.com 5 zbestwatch.com eileen.fang@aol.com 6 akrmall.com fakembpen@gmail.com rachel@inexpensiveluxury.cn 7 alifetherabbit.com QIUJIEXING78@163.COM 8 anbrindes.com fairie@followfashion.cn aison@seekfashions.cn 9 before-thefall.com JIHE295892692@YEAH.NET bestwatchonsale@gmail.com 10 bestclock.cn linliangemail@qq.com 11 brandstatt-galerie.de 12 buywatches.to watchesvivi@gmail.com 12 swissreplica.to watchesvivi@gmail.com 13 cartier-ring.us CRISTINA.VENNERA@HOTMAIL.COM yanuotw@yahoo.com.tw 14 cartier-tw.com yanuotw@hotmail.com 14 montblanctw.com yanuotw@yahoo.com.tw arthur@globalsolvestore.com 15 cartiers.us KELI.CAMACHO@HOTMAIL.COM 16 chazingtime05.co 16 chazingtime06.co 17 chloedeutschland.de Serviceonline.Annie@Gmail.Com 17 chloemelbourne.com Serviceonline.Annie@Gmail.Com 17 chloeoutletuk.com Serviceonline.Annie@Gmail.Com 17 chloesaleuk.com Serviceonline.Annie@Gmail.Com Serviceonline.Annie@Gmail.Com 17 chloesoldes.fr XIEZHONGJI7524@163.COM 17 chloeuk.com Serviceonline.Annie@Gmail.Com 18 choosepopwatches.co choosepopwatchco@gmail.com 19 cwbtime.com.br atendimento@cwbtime.com.br 20 dubaiwatchstore.com info@dubaiwatchstore.com 21 fakeswatchesstore.com lisapeel95@gmail.com 22 faketopwatches.com watchesoem2@outlook.com 22 iwcwatches.org watchesoem2@outlook.com 22 replicaiwcwatches.com watchesoem2@outlook.com 23 fakewatchesshopping.com millerlisa105@gmail.com 24 firstcopywatchesindiaonline.com ITNATIONHELP@GMAIL.COM 25 fixreplicawatches.com hello@unitedluxuryshop.com 25 unitedluxuryshop.net info@unitedluxuryshop.com 26 frmontre.com 27 hontwatches.to contact@hontwatch.me 28 ifdogsrantheworld.com email@customerservicebest.com 29 kelolanews.com Customerservice@after-saleservice.com 30 ladybelle.co Info@voguesky.co outletmystore@outlook.com 31 montblanc149.com outletmystore@gmail.com 32 montblancindia.org CARE@MONTBLANCINDIA.CO 33 nenecollection.com jimmy@newpromotion.cn 34 nicecopywatchs.com watchesa@outlook.com topluxurysale@Yahoo.com 35 nit.md replicawatchessale@yahoo.com topluxurysale@yahoo.com 35 tally.tl replicawatchessale@yahoo.com 36 noob2016.com noob2016@vip.163.com 37 occasionmontres.com okreplicasale@gmail.com 38 hellook_sally@hotmail.com ok-replicak.com ANSONRX@GMAIL.COM hellorolex@gmail.com 38 topclonewatch.me hellook_sally@hotmail.com 38 topfakewatch.com 38 vawatches.com OKREPLICASALE@GMAIL.COM 39 WATCHBRANDS@HOTMAIL.COM on-linewatches.com brandwatchess@hotmail.com 40 orologirepliche.it vipwatches@yahoo.com 40 replicaorologinegozio.com vipwatches@yahoo.com 40 supercopywatches.com 40 watches-vip.cc vipwatches@yahoo.com michelle@designerseller.com 41 michellecoo1996@protonmail.com osreplicawatches.com michellecoo1996@outlook.com 42 perfectreplica.to perfectreplicaio@gmail.com 43 pursevalleyfactory.la 44 realso.co 45 relojesok.com servicetony@hotmail.com 46 replicamontblanc.cn 980422350@qq.com 47 replicasderelogios.eco.br dantebrezinski@gmail.com 48 replicaswatchesonline.co.uk 49 replicheitorologi.com 50 shopchoebagsjp.com helpdesk@clientservicehome.com 51 swisscartier.uk saleswatchesshop@gmail.com 52 swisschrono.shop sales@swisschrono.shop 53 tatler-moda.ru info@tatler-moda.ru 54 thebandschmeeze.com fabian@followfashion.cn 55 topreplicajewelry.com 56 tswatches.cz sales.tswatches@gmail.com 57 uhublotsale.me 58 ukluxuryshop.com hello@unitedluxuryshop.com 59 usatiorologi.com 60 vnwatches.co.uk alex@yuefg.com 61 watchesbuyoff.to watchesbuyoffvip@gmail.com 62 watchesfiles.com watches.trade@outlook.com 63 watchesyoga.co watchesyoga@gmail.com 64 watchsold.vip watch.sale@hotmail.com 65 wmwatches.co wmwatchescnservice@gmail.com