GOORIN BROS., INC.
v.
THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court recommended granting the plaintiff's motion for a preliminary injunction, finding a strong probability of success on the merits and the likelihood of irreparable harm to the plaintiff.
[1] A preliminary injunction requires a substantial likelihood of success on the merits, irreparable injury if relief is not granted, that the threatened injury outweighs the…
[2] Infringement of trademark and copyright rights can lead to immediate and irreparable injury, including loss of sales, consumer confusion, and damage to reputation and goo…
Previewing 2 of 8 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Goorin Bros., Inc. sought a preliminary injunction against numerous defendants selling counterfeit goods bearing its trademarks and copyrigh…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse 15 U.S.C. § 1116 cases and more on FLexlaw
This matter is before the Court on Plaintiff's Motion for Preliminary Injunction (the "Application”). [ECF No. 17]. United States District Court Judge Kathleen M. Williams referred the motion to me for hearing. [ECF No. 23].
Plaintiff Goorin Bros., Inc. moves for entry of a preliminary injunction against Defendants, the Individuals, Business Entities, and Unincorporated Associations identified on Schedule A hereto (collectively “Defendants") [fn1], and an entry of an order restraining the financial accounts used by Defendants, pursuant to15 U.S.C. § 1116 and Fed. R. Civ. P. 65, and The All Writs Act,28 U.S.C. § 1651(a).
For the following reasons, the Undersigned RESPECTFULLY RECOMMENDS that Plaintiff's Application be GRANTED.
I. Factual Background
Plaintiff Goorin Bros, Inc. is the owner of the following trademarks and copyright registrations (respectively, the "GOORIN BROS. Trademarks" and "GOORIN BROS. Copyrights"), which are valid and registered on the Principal Register of the United States Patent and Trademark Office and the Copyright Office.
A list of the GOORIN BROS. Trademarks is included in the below chart:
U.S. TM Reg. No. Trademark Registration Date 3,293,389 GOORIN Sep. 18, 2007 3,293,390 GOORIN Sep. 18, 2007 3,293,391 Castle Mark Sep. 18, 2007 3,293,392 Castle Mark Sep. 18, 2007 3,338,514 GOORIN Nov. 20, 2007 3,338,516 Castle Mark Nov. 20, 2007 3,825,020 GOORIN BROS. Jul. 27, 2010 3,825,023 GOORIN BROS. Jul. 27, 2010 3,825,024 GOORIN BROS. Jul. 27, 2010 5,479,732 Squirrel Mark May 29, 2018 6,839,726 GOORIN BROS. Sep. 6, 2022 6,866,607 Castle Mark Oct. 4, 2022 6,866,608 GOORIN BROS. Oct. 4, 2022 7,189,474 Castle Mark Oct. 10, 2023
A list of the GOORIN BROS. Copyrights is included in the below chart:
Copyright Reg. No. Copyright Registration Date VA 2-012-523 Rooster Mar. 10, 2016 VA 2-012-524 Black Sheep Mar. 10, 2016 VA 2-012-525 Cougar Mar. 10, 2016 VA 2-012-657 Squirrel Master Animal Farm – a collection of Goorin hats with embroidered patches Mar. 10, 2016
Copyright Reg. No. Copyright Registration Date VA 2-012-660 depicting various animals along with a short phrase Mar.10, 2016 VA 2-012-663 Honeywell Mar.10, 2016 VA 2-012-716 Howler Mar.10, 2016 VA 2-012-735 Grizz Mar.10, 2016 VA 2-012-747 X the Owl Mar.10, 2016 VA 2-012-748 Donkey Ass Mar.10, 2016 VA 2-012-749 San Francisco Mar.10, 2016 VA 2-012-751 Life of Leisure Mar.10, 2016 VA 2-012-751 Beaver Mar.10, 2016 VA 2-186-472 Killer Nov.22, 2019 VA 2-186-476 Peacock Nov.26, 2019 VA 2-187-971 King Snake Nov.26, 2019 VA 2-191-408 Beaver Apr.5, 2019 VA 2-192-729 Foxy Apr.5, 2019 VA 2-192-730 Fever Apr.5, 2019 VA 2-192-732 Floater Apr.5, 2019 VA 2-192-745 Gorilla Apr.5, 2019 VA 2-192-752 Gallo Apr.5, 2019 VA 2-192-762 Peace Apr.5, 2019 VA 2-192-767 Toucan Do It Apr.5, 2019 VA 2-192-778 Elephant Apr.5, 2019 VA 2-192-792 Tuna Apr.5, 2019 VA 2-192-800 Wise Ass Apr.5, 2019 VA 2-192-815 Bull Apr.5, 2019 VA 2-192-820 Woody Wood Apr.5, 2019 VA 2-192-825 Pecker Apr.5, 2019 VA 2-192-832 Tiger Apr.5, 2019 VA 2-192-846 Freedom Apr.5, 2019 VA 2-192-850 Horny Apr.5, 2019 VA 2-192-852 Lone Wolf Apr.5, 2019 VA 2-192-855 Nuts Apr.5, 2019 VA 2-192-861 Cock Apr.5, 2019 VA 2-192-866 Black Sheep Apr.5, 2019 VA 2-193-876 R1366 Cock Gray Leather Jan.9, 2020 VA 2-237-003 R2147 Silver Tiger Feb.1, 2021
Copyright Reg. No. Copyright Registration Date VA 2-237-012 R2074 Baboon Dec.16, 2020 VA 2-237-013 R2158 Bouncer Dec.16, 2020 VA 2-240-504 R2120 Lady Bug Feb.12, 2021 VA 2-240-506 R2156 Buffalo Feb.12, 2021 VA 2-240-508 R2168 Baked Feb.12, 2021 VA 2-240-509 R2203 Toro Feb.12, 2021 VA 2-240-511 R2150 Dark Stallion Feb.12, 2021 VA 2-240-514 R3010 Black Sheep Feb.12, 2021 VA 2-242-440 R3113 Blue Exotic Tiger Mar.16, 2021 VA 2-242-444 R3071 Spider Mar.16, 2021 VA 2-242-445 R3072 Viper Mar.16, 2021 VA 2-242-446 R3074 Moth Mar.16, 2021 VA 2-242-447 R3075 Crocodile Mar.16, 2021 VA 2-242-448 R3026 Curious Cat Mar.16, 2021 VA 2-242-449 R3023 Frisky Whisky Mar.16, 2021 VA 2-242-450 R3029 Bad Luck Cat Mar.16, 2021 VA 2-242-451 R3065 Frenchie Mar.16, 2021 VA 2-242-452 R3081 Koala Mar.16, 2021 VA 2-244-689 R2121 Beast Lion Mar.25, 2021 VA 2-244-690 R1336 Bear Lone Star Mar.25, 2021 VA 2-244-692 R2064 Bass Mar.25, 2021 VA 2-244-693 R1766 Owl Hooters Mar.25, 2021 VA 2-245-560 R1876 Donkey "Bad" Mar.25, 2021 VA 2-247-836 R2073 "Funky" Monkey Jan.22, 2021 VA 2-247-837 R2201 Alacran Jan.22, 2021 VA 2-247-838 R2199 "Champion" Horse Jan.22, 2021 VA 2-248-829 R2051 Fowl Duck Apr.2, 2021 VA 2-249-021 R1418 Sitting Butch Bulldog Apr.2, 2021 VA 2-249-022 R2157 Good Boy Dog Apr.9, 2021 VA 2-249-023 R2057 High Bird Apr.9, 2021 VA 2-249-026 R2132 Black Swan Apr.9, 2021 VA 2-249-829 R2213 Tucan Apr.21, 2021 VA 2-249-832 R3009 Fierce Leopard Apr.21, 2021 VA 2-249-835 R3018 Mammoth Apr.21, 2021 VA 2-249-836 R3054 Eagle Apr.21, 2021 VA 2-250-012 R2195 Player Possom Apr.30, 2021
Copyright Reg. No. Copyright Registration Date VA 2-250-014 R2155 Moose Rack Apr.30, 2021 VA 2-250-016 R3008 Sassy Dog Apr.30, 2021 VA 2-250-018 R2166 Tough Rottweiler Apr.30, 2021 VA 2-250-019 R2185 Stinger Stingray Apr.30, 2021 VA 2-250-289 R1334 Lion Apr.21, 2021 VA 2-250-291 R2092 Wild Baby Tiger Apr.21, 2021 VA 2-250-292 R2181 Little Rooster Apr.21, 2021 VA 2-250-314 R2151 Dark Rooster Apr.21, 2021 VA 2-250-317 R1895 Happy Penguin Apr.21, 2021 VA 2-250-318 R2204 Pantera Apr.21, 2021 VA 2-250-365 R2184 Lion Red Border Apr.21, 2021 VA 2-250-367 R2153 Jack Ass Apr.21, 2021 VA 2-250-377 R2163 Pit bull Apr.21, 2021 VA 2-250-380 R3019 Sabertooth Apr.21, 2021 VA 2-250-694 R2211 Perico Apr.21, 2021 VA 2-250-695 R3001 Mama Bear Apr.21, 2021 VA 2-250-696 R2205 Jaguar Apr.21, 2021 VA 2-252-029 R2154 “Hunter" Coyote Jan.22, 2021 VA 2-252-031 R2003 Shark Jan.22, 2021 VA 2-252-032 R3108 "Exotic" Bird Jan.22, 2021 VA 2-252-034 R2178 "Flirt" Bird Jan.22, 2021 VA 2-252-042 R2212 Aguila Jan.22, 2021 VA 2-255-905 R2185 Stinger Jun.4, 2021 VA 2-255-906 R2164 Weiner Jun.4, 2021 VA 2-255-909 R2065 Trout Jun.4, 2021 VA 2-255-924 R1890 Black Bear Apr.2, 2021 VA 2-255-926 R1417 Billy Goat Apr.2, 2021 VA 2-255-929 Wise Ass Owl Jun.4, 2021 VA 2-255-931 GO-019538R Pig Jun.4, 2021 VA 2-255-933 R2148 Wise Owl Jun.4, 2021 VA 2-255-934 R1862 Pointer Dog Jun.4, 2021 VA 2-255-935 R2124 Weasel Jun.4, 2021 VA 2-255-937 R2006 Turkey Jun.4, 2021 VA 2-255-939 R2134 Warewolf Jun.4, 2021 VA 2-255-943 R2125 Vulture Jun.4, 2021 VA 2-255-984 R1938 Butch Bulldog Apr.2, 2021
Copyright Reg. No. Copyright Registration Date VA 2-255-985 R1866 Cub Bear Apr.2, 2021 VA 2-255-986 R2052 Dark Horse Apr.2, 2021 VA 2-255-987 R1314 Bird Jun.4, 2021 VA 2-255-989 R2169 Chill Turtle Apr.2, 2021 VA 2-264-229 R1318 Bitch Dog Jun.4, 2021 VA 2-264-236 R1829 Rack Deer Jun.4, 2021 VA 2-264-537 R1761 Buck Fever Leaping Apr. 09, 2021 VA 2-265-284 R1909 Snap Gator Jun.4, 2021 VA 2-265-312 R1317 Beaver Jun.4, 2021 VA 2-265-492 R1311 Cock Patch Jun.4, 2021 VA 2-265-493 R1316 Foxy Jun.4, 2021 VA 2-294-500 R3199 Snow Leopard BLK Mar.4, 2022 VA 2-294-518 R3194 Hard Buffalo WHI Mar.4, 2022 VA 2-294-526 R3192 Alpha Dog Mar.4, 2022
The Defendants, through the various Internet based e-commerce stores operating under the seller identities identified on Schedule A hereto (the "Seller IDs"), have advertised, promoted, offered for sale, or sold goods bearing and/or using what the Plaintiff has determined to be counterfeits, infringements, reproductions, or colorable imitations of the GOORIN BROS. Trademarks and GOORIN BROS. Copyrights. See Declaration of Chris Gibbins ("Gibbins Decl."), II 9-17.
The Defendants are not now, nor have they ever been, authorized or licensed to use, reproduce, or make counterfeits, reproductions, or colorable imitations of the GOORIN BROS. Trademarks or GOORIN BROS. Copyrights. See Gibbins Decl., ¶ 17.
The Plaintiff investigated the promotion and sale of counterfeit and infringing versions of the Plaintiff's branded and copyright protected products by the Defendants.
See Gibbins Decl., ¶¶ 12-15. Plaintiff accessed each of the e-commerce stores operating under the Defendants' Seller IDs, initiated the ordering process for the purchase of a product from each of the Seller IDs bearing counterfeits of the GOORIN BROS. Trademarks and Copyrights at issue in this action, and completed a checkout page requesting each product to be shipped to an address in the Southern District of Florida. See id. The Plaintiff conducted a review and visually inspected the GOORIN BROS. branded and copyrighted items and the items for which orders were initiated by Plaintiff's third-party investigator via the Seller IDs, and it determined the products were non-genuine, unauthorized versions of the Plaintiff's products. See id.
II. Legal Standard
In order to obtain a preliminary injunction, a party must demonstrate “(1) [there is] 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).
III. Conclusions of Law
The declarations Plaintiff submitted in support of its Application 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, and/or distribution of goods bearing and/or using counterfeits, reproductions, or colorable imitations of Plaintiff's Trademarks and/or Copyrights, and that the products Defendants are selling and promoting for sale are copies of Plaintiff's respective products that bear and/or use copies of Plaintiff's respective Trademarks and/or Copyrights.
B. Because of the infringement of Plaintiff's Trademarks and Copyrights, 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 Complaint, Application, and accompanying declarations, demonstrate that immediate and irreparable loss, damage, and injury will result to Plaintiff and to consumers before Defendants can be heard in opposition unless Plaintiff's request for relief is granted:
1. Defendants own or control e-commerce stores and commercial Internet websites operating under their respective seller identification names and domain names which advertise, promote, offer for sale, and sell products bearing and/or using counterfeit and infringing trademarks and copyrights in violation of Plaintiff's respective rights;
2. There is good cause to believe that more counterfeit and infringing products bearing and/or using Plaintiff's trademarks and copyrights will appear in the marketplace; that consumers are likely to be misled, confused, and/or disappointed by the quality of these products; and that Plaintiff may suffer loss of sales for its genuine products; and
C. The balance of potential harm to Defendants in restraining their trade in counterfeit and infringing branded goods if a preliminary injunction is issued is far outweighed by the potential harm to Plaintiff, its reputation, and its goodwill as manufacturers and distributors of quality products if such relief is not issued.
D. The public interest favors issuance of the preliminary injunction to protect Plaintiff's trademark and copyright interests and protects the public from being defrauded by the palming off of counterfeit goods as Plaintiff's genuine goods.
E. Under15 U.S.C. § 1117(a), Plaintiff 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 Plaintiff's Trademarks and Copyrights. 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 (11th Cir. 1995) (citing
Federal Trade Commission v. United States 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 and copyright laws, Plaintiff has good reason to believe Defendants will hide or transfer their ill-gotten assets beyond the jurisdiction of this Court unless those assets are restrained.
Upon review of Plaintiff's Complaint, Application, and supporting evidentiary submissions, the Undersigned RESPECTFULLY RECOMMENDS that Plaintiff's Application be GRANTED, according to the terms set forth below:
PRELIMINARY INJUNCTION
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 as follows:
a. Using Plaintiff's GOORIN BROS. Trademarks and/or GOORIN BROS. Copyrights, or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine GOORIN BROS. product or not authorized by Plaintiff to be sold in connection with Plaintiff's GOORIN BROS. Trademarks and/or GOORIN BROS. Copyrights;
b. Passing off, inducing, or enabling others to sell or pass off any product as a genuine GOORIN BROS. product, or any other product produced by Plaintiff, that is not Plaintiff's product or not produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale under the Plaintiff's GOORIN BROS. Trademarks and/or GOORIN BROS. Copyrights;
c. Committing any acts calculated to cause consumers to believe that Defendants' products are those sold under the authorization, control or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff;
d. Further infringing the Plaintiff's GOORIN BROS. Trademarks, GOORIN BROS. Copyrights and/or damaging Plaintiff's goodwill;
e. Otherwise competing unfairly with Plaintiff in any manner;
f. Shipping, delivering, holding for sale, transferring or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory not manufactured by or for Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and which bear any of Plaintiff's GOORIN BROS. Trademarks and/or GOORIN BROS. Copyrights, or any reproductions, counterfeit copies, or colorable imitations thereof;
g. Using, linking to, transferring, selling, exercising control over, or otherwise owning the Online Marketplace Accounts, the Defendant Domain Names, or any other domain name or online marketplace account that is being used to sell or is the means by which Defendants could continue to sell counterfeit products bearing, using, or infringing on the GOORIN BROS. Trademarks and/or GOORIN BROS. Copyrights; and
h. Operating and/or hosting websites at the Defendant Domain Names and any other domain names registered or operated by Defendants that are involved with the distribution, marketing, advertising, offering for sale, or sale of any product bearing, using, or infringing on Plaintiff's GOORIN BROS. Trademarks, GOORIN BROS. Copyrights and/or any reproductions, counterfeit copies, or colorable imitations thereof that is not a genuine GOORIN BROS. product or not authorized by Plaintiff to be sold in connection with Plaintiff's GOORIN BROS. Trademarks and/or GOORIN BROS. Copyrights.
2. Each Defendant, within fourteen (14) days after receiving notice of this Order, shall serve upon Plaintiff a written report under oath providing: (a) their true name and physical address, (b) all websites and online marketplace accounts on any platform that they own and/or operate (c) their financial accounts, including all PayPal, Inc. (“PayPal”), Alipay, Wish, Walmart, Joom, Alibaba, Ant Financial Services Group (“Ant Financial”), Amazon Pay, DHgate, eBay, Payoneer, Inc. ("Payoneer"), PingPong Global Solutions, Inc. (“PingPong"), Coinbase Global, Inc. (“Coinbase”), LianLian Global t/as LL Pay U.S., LLC (“LianLian”), AllPay Limited (“AllPay”), Union Mobile Financial Technology Co., Ltd ("Union Mobile”), World First UK Ltd. (“World First”), Paxful, Inc. (“Paxful"), Shopify, Inc. ("Shopify"), Stripe, Inc. (“Stripe”), OFX Group (“OFX”), Sellers Funding Corp ("SellersFund"), their financial accounts, including by way of example all Amazon, PayPal, Payoneer, LianLian, AllPay, PingPong, Coinbase, Union Mobile, and eBay accounts, and (d) the steps taken by each Defendant to comply with paragraph1, a through h, above.
3. The domain name registries for the Defendant Domain Names, including, but not limited to, VeriSign, Inc., Neustar, Inc., Afilias Limited, CentralNic, Nominet, and the Public Interest Registry, within three (3) business days of receipt of this Order or prior to expiration of this Order, whichever date shall occur first, shall disable the Defendant Domain Names and make them inactive and untransferable until further ordered by this Court.
4. Those with actual notice of this Order, including any online marketplaces such as the Online Marketplaces, social media platforms, Facebook, YouTube, LinkedIn, Twitter, Internet search engines such as Google, Bing, and Yahoo, web hosts for the Defendant Domain Names, and domain name registrars, shall within three (3) business days of receipt of this Order:
a. disable and cease providing services for any accounts through which Defendants engage in the sale of counterfeit and infringing goods using the GOORIN BROS. Trademarks, including any accounts associated with the Defendants listed on the Schedule A to the [Proposed] Preliminary Injunction Order;
b. disable and cease displaying any advertisements used by or associated with Defendants in connection with the sale of counterfeit and infringing goods using the GOORIN BROS. Trademarks; and
c. take all steps necessary to prevent links to the Defendant Domain Names identified on the Schedule A to the Preliminary Injunction Order from displaying in search results, including, but not limited to, removing links to the Defendant Domain Names from any search index.
5. Defendants and any third party with actual notice of this Order who is providing services for any of the Defendants, or in connection with any of Defendants' websites at the Defendant Domain Names or other websites operated by Defendants, including, without limitation, any online marketplace platforms such as the Online Marketplace Platforms, Internet Service Providers (“ISP”), web hosts, back-end service providers, web designers, sponsored search engine or ad-word providers, banks, merchant account providers, including PayPal, Alipay, Wish, WalMart, Joom, Alibaba, Ant Financial, Amazon Pay, DHgate, eBay, Payoneer, PingPong, Coinbase, LianLian, AllPay, Union Mobile, World First, Paxful, Shopify, Stripe, OFX, SellersFund, third party processors and other payment processing service providers, shippers, and domain name registrars (collectively, the “Third Party Providers”) shall, within five (5) business days after receipt of such notice, provide to Plaintiff expedited discovery-based on the identifying information provided by Plaintiff's counsel including but not limited to, account IDs, legal names, and associated email addresses— including copies of all documents and records in such person's or entity's possession or control relating to:
a. the identities and locations of Defendants, their agents, servants, employees, confederates, attorneys, and any persons acting in concert or participation with them, including all known contact information;
b. the nature of Defendants' operations and all associated sales and financial information, including, without limitation, identifying information associated with the Online Marketplace Accounts, the Defendant Domain Names, and Defendants' financial accounts, as well as providing a full accounting of Defendants' sales and listing history related to their respective Online Marketplace accounts and Defendant Domain Names;
c. Defendants' websites and/or any Online Marketplace Accounts;
d. the Defendant Domain Names or any domain name registered by Defendants; and
e. any financial accounts owned or controlled by Defendants, including their agents, servants, employees, confederates, attorneys, and any persons acting in concert or participation with them, including such accounts residing with or under the control of any banks, savings and loan associations, payment processors or other financial institutions, including, without limitation, without limitation, PayPal, Alipay, Wish, WalMart, Joom, Alibaba, Ant Financial, Amazon Pay, DHgate, eBay, Payoneer, PingPong, Coinbase, LianLian, AllPay, Union Mobile, World First, Paxful, Shopify, Stripe, OFX, SellersFund or other merchant account providers, payment providers, third party processors, and credit card associations (e.g., MasterCard and VISA).
6. Defendants and any persons in active concert or participation with them who have actual notice of this Order shall be temporarily restrained and enjoined from transferring or disposing of any money or other of Defendants' assets until further ordered by this Court.
7. Western Union shall, within five (5) business days of receipt of this Order, block any Western Union money transfers and funds from being received by Defendants until further ordered by this Court.
8. The Marketplace Platforms shall, within five (5) business days of receipt of this Order, for any Defendant or any of Defendants' Online Marketplace Accounts or websites:
a. locate all accounts and funds connected and/or related to Defendants, Defendants' Online Marketplace Accounts or Defendants' websites, including, but not limited to, any Amazon, PayPal, Payoneer, LianLian, AllPay, PingPong, Coinbase, Union Mobile, and eBay accounts connected and/or related to the information listed in Schedule A to the Complaint; and
b. Restrain and enjoin any such accounts or funds from transferring or disposing of any money or other of Defendants' assets until further ordered by this Court.
9. The Financial Institutions, any banks, savings and loan associations, payment processors, or other financial institutions, for any Defendant or any of Defendants' Online Marketplace Accounts or websites, shall within five (5) business days of receipt of this Order:
a. locate all accounts and funds connected and/or related to Defendants, Defendants' Online Marketplace Accounts or Defendants' websites, including, but not limited to, any accounts connected and/or related to the information listed in Schedule A to this Order; and
b. restrain and enjoin any such accounts or funds from transferring or disposing of any money or other of Defendants' assets until further ordered by this Court.
10. Plaintiff may provide notice of these proceedings to Defendants by electronically publishing a link to the Complaint, this Order and other relevant documents on a website or by sending an e-mail to all e-mail addresses identified by Plaintiff and any e-mail addresses provided for Defendants by third parties that includes a link to said website. The combination of providing notice via electronic publication or e-mail, along with any notice that Defendants receive from domain name registrars and payment processors, shall constitute notice reasonably calculated under all circumstances to apprise Defendants of the pendency of the action and afford them the opportunity to present their objections.
11. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two days' notice to Plaintiff or on shorter notice as set by this Court.
12. The five-thousand dollar ($5,000.00) bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Preliminary Injunction is terminated. [fn2]
IV. Objections
The parties will have one day from the date of being served with a copy of this Report and Recommendations within which to file written objections, if any, with the District Judge. Each party may file a response to the other party's objection within one day of the objection. Failure to file objections timely shall bar the parties from a de novo determination by the District Judge of an issue covered in the Report and shall bar the parties from attacking on appeal unobjected-to factual and legal conclusions contained in the Report except upon grounds of plain error if necessary in the interests of justice. See 29 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F. 2d 790, 794 (11th Cir. 1989); 11th Cir. R. 3-1 (2016).
RESPECTFULLY RECOMMENDED in Chambers, in Miami, Florida, on July15, 2024.
Jonathan Goodman UNITED STATES MAGISTRATE JUDGE
Copies provided to: The Honorable Kathleen M. Williams
Counsel of Record
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION
CASE NO.: 24-cv-21809-WILLIAMS/GOODMAN
GOORIN BROS., INC., Plaintiff, V.
THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A, Defendants.
SCHEDULE A
DOE No. Seller name Seller URL
DOE No. Seller name Seller URL
DOE No. Seller name Seller URL
DOE No. Seller name Seller URL
121 LINGHONG FASHION https://www.temu.com/linghong-fashion-m- 316624699136.html 122 Weixin Hat Life https://www.temu.com/weixin-hat-life-m- 246981860426.html 123 BISHOP https://www.walmart.com/seller/101281286 124 hefeininnaoshangmao https://www.walmart.com/seller/101619451 125 jiuhe188 https://www.walmart.com/seller/101663795 126 longlong88 https://www.walmart.com/seller/101640051 127 TaiYuanLiPaTiXinXiKeJi https://www.walmart.com/seller/101622000 128 WuHanShiXiongAnHan https://www.walmart.com/seller/101610957 129 xiaolong888 https://www.walmart.com/seller/101617584 130 YanTaiLiYiNan https://www.walmart.com/seller/101631370
DOE No. Seller name Seller URL 131 yiqin https://www.walmart.com/seller/101650339 132 uquid.com uquid.com
[fn1]: Schedule A, which is attached, identifies Defendants who are still parties to this case. Plaintiff does not seek a preliminary injunction order against dismissed Defendants.
[fn2]: Pursuant to the Temporary Restraining Order [DE18] entered on June18, 2024, the bond posted by Plaintiff encompasses damages to which Defendants may be entitled for wrongful injunction or restraint, during the pendency of this action, or until further Order of the Court.
[fn3]: The Undersigned shortened the deadline because no Defendant or Defense Counsel authorized to practice in the Southern District of Florida appeared at today's Zoom hearing. See [ECF No. 36]. In addition, the time sensitive nature of the Application militates in favor of a significantly shortened deadline.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Henley v. Johnson, 885 F.2d 790 (11th Cir. 1989)
- Schiavo v. Schiavo, 403 F.3d 1223 (11th Cir. 2005)
- Levi Strauss & Co. v. Sunrise Int'l Trading Inc., 51 F.3d 982 (11th Cir. 1995)
- Fed. Trade Comm'n v. U.S. OIL & GAS Corp., 748 F.2d 1431 (11th Cir. 1984)
- Reebok Int'l v. Marnatech Enters., Inc., 970 F.2d 552 (9th Cir. 1992)
- Fuller Prods. Co. v. The Fuller Brush Co., 299 F.2d 772 (7th Cir. 1962)