XYZ Corporation v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A

CourtDistrict Court, S.D. Florida
DecidedOctober 9, 2025
Docket1:25-cv-23747
StatusUnknown

This text of XYZ Corporation v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A (XYZ Corporation v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
XYZ Corporation v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A, (S.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

CASE NO. 25-23747-CIV-MARTINEZ/SANCHEZ

XYZ CORPORATION, Plaintiff, v. THE INDIVIDUALS, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A, Defendants. _______________________________________/ REPORT AND RECOMMENDATION ON PLAINTIFF’S EX PARTE MOTION FOR ENTRY OF PRELIMINARY INJUNCTION This matter is before the Court on Plaintiff Hangzhou Jianjia Household Products Company Limited’s Ex Parte Motion for Entry of Preliminary Injunction. ECF No. 17.1 Plaintiff seeks entry of a preliminary injunction, including entry of an order restraining assets, against Defendants,2 based on alleged design patent infringement, pursuant to the Patent Act (35 U.S.C. § 271), Fed. R. Civ. P. 65, and the All Writs Act, 28 U.S.C. § 1651(a). The Court held a hearing on October 9, 2025, at which only counsel for Plaintiff was present and available to provide evidence supporting Plaintiff’s motion. Defendants have not responded to Plaintiff’s motion, have not made any filings in this case, and have not appeared in

1 Judge Martinez referred Plaintiff’s Ex Parte Motion for Entry of Preliminary Injunction to the undersigned. ECF No. 21. 2 The Defendants are the Individuals, Partnerships, and Unincorporated Associations identified on the Amended Schedule “A” to the Amended Complaint, except that Defendants MEKBOK (Def. No. 37) and ShenzhenshiMashangchongKejiYouxiangongsi (Def. No. 38) have been dismissed from this case, ECF Nos. 45, 46, and are not subject to the injunctive relief addressed in this Report and Recommendation. ECF No. 29-2; see also ECF No. 15-2. A Revised Amended Schedule “A” listing the Defendants that are subject to this Report and Recommendation is attached hereto. this matter, either individually or through counsel. Having reviewed Plaintiff’s motion, the pertinent portions of the record, the relevant legal authorities, and for the reasons discussed below, the undersigned RESPECTFULLY RECOMMENDS that Plaintiff’s Ex Parte Motion for Entry of Preliminary Injunction, ECF No. 17, be GRANTED. I. FACTUAL BACKGROUND Plaintiff is the owner of all right, title, and interest in a federal design patent for an “ornamental design for a cleaning brush” (“Plaintiff’s Patent”). ECF No. 17-1 at ¶¶ 4-5 (declaration of Sen Wang); ECF No. 15-1 (certificate of patent registration); see also ECF No. 15

at ¶¶ 2, 7. Plaintiff registered its Patent with the U.S. Patent and Trademark Office under registration number US D1,002,198 S. ECF No. 17-1 at ¶¶ 4-5; see also ECF No. 15-1; ECF No. 15 at ¶¶ 2, 7, 19-20. Defendants, through e-commerce stores operating under the seller aliases identified in the Revised Amended Schedule A attached hereto (the “Seller IDs”), see ECF No. 29-2, have promoted, advertised, distributed, sold and/or offered for sale goods using and/or embodying counterfeits, infringements, or unauthorized reproductions of Plaintiff’s Patent. ECF No. 17-1 at ¶¶ 8, 10-15; ECF No. 17-2 at ¶ 5 (declaration of Michael Feldenkrais); ECF No. 17-2 at 5-288 (web page captures); see also ECF No. 15 at ¶¶ 3, 27. Plaintiff submitted sufficient evidence showing that each Defendant infringed on Plaintiff’s Patent. ECF No. 17-1 at ¶¶ 10-15; ECF No. 17-2; see also ECF No. 15 at ¶¶ 18-29. Defendants are not and have never been authorized or licensed to use Plaintiff’s Patent. ECF No. 17-1 at ¶ 15; see also ECF No. 17-1 at ¶ 10; ECF No. 15 at ¶¶ 22, 27, 29. Plaintiff investigated the promotion and sale of infringing and counterfeit versions of Plaintiff’s Patent by Defendants. See ECF No. 17-1 at ¶¶ 10-14. Plaintiff or someone under its supervision accessed the e-commerce stores operating under Defendants’ Seller IDs and captured detailed web page screenshots of the infringing products that Defendants were offering for sale, which used unauthorized and infringing copies of Plaintiff’s Patent. Id. at ¶¶ 11-15; ECF No. 17- 2 at ¶ 5; see also ECF No. 17-2 at 5-288. Plaintiff also visually inspected the screenshots of the products, verified that each Seller ID offered shipping to the United States, and determined the products used unauthorized versions of Plaintiff’s Patent. ECF No. 17-1 at ¶¶ 11-14; ECF No. 17- 2 at 5-288. II. LEGAL STANDARD Plaintiff seeks a preliminary injunction pursuant to Federal Rule of Civil Procedure 65. To obtain a preliminary injunction, Plaintiff must establish “(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). As outlined below, Plaintiff submitted sufficient evidentiary support to warrant enjoining Defendants from engaging in the alleged infringing activities. See, e.g., Louis Vuitton Malletier, S.A. v. Lin, No. 10-61640-CIV-HUCK, 2010 WL 11550032 (S.D. Fla. Sept. 2010) (granting preliminary injunction against the defendants who failed to respond or appear in the case after the plaintiff presented sufficient evidence of infringing activity to support its motion for preliminary injunction). III. ANALYSIS The declarations and exhibits that Plaintiff submitted in support of its motion support the following conclusions: A. Plaintiff has a substantial likelihood of success on the merits of its claims. Plaintiff has 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 embodying Plaintiff’s Patent, and that the products Defendants are selling and promoting for sale are counterfeit products embodying Plaintiff’s Patents. B. Because of the infringement upon Plaintiff’s Patent, Plaintiff is likely to suffer immediate and irreparable injury if a preliminary injunction is not granted. The following specific facts, as set forth in Plaintiff’s amended complaint, the Plaintiff’s motion for entry of preliminary injunction, and the accompanying declarations and exhibits, demonstrate that immediate and irreparable loss, damage, and injury will result to Plaintiff and to consumers if a preliminary injunction is not issued:

i. Defendants own or control e-commerce stores operating under their Seller IDs which advertise, promote, offer for sale, and sell products to customers in the United States embodying Plaintiff’s Patent in violation of Plaintiff’s patent rights; ii. There is good cause to believe that more infringing products embodying Plaintiff’s Patent will appear in the marketplace; that consumers are likely to be misled or confused by these products; and that Plaintiff may suffer loss of sales for its genuine products, loss of quality control over products using Plaintiff’s Patent, and damage to Plaintiff’s goodwill. C. The balance of potential harm to Defendants in restraining their trade in counterfeit and infringing goods and freezing their ill-gotten profits if a preliminary injunction is issued is far outweighed by the potential harm to Plaintiff, its reputation, and goodwill if such relief is not issued. D.

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XYZ Corporation v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A, Counsel Stack Legal Research, https://law.counselstack.com/opinion/xyz-corporation-v-the-individuals-partnerships-and-unincorporated-flsd-2025.