Opinion

Gucci America, Inc. v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A"

Court: District Court, S.D. Florida
Filed: Oct 7, 2019
Cited by: 0 cases
Authority: More cited than 20.0%

“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.’”

How later courts described this case

“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.’”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 19-62270-CIV-SMITH

GUCCI AMERICA, INC.,

Plaintiff,

vs.

AMPTDRESS, et al.,

Defendants.

ORDER GRANTING MOTION FOR ENTRY OF PRELIMINARY INJUNCTION

THIS CAUSE came before the Court upon Plaintiff’s Motion for Entry of Preliminary

Injunction (the “Motion”) [DE 6]. The Court has carefully reviewed the Motion and the record

and is otherwise fully advised in the premises.

By the instant Motion, Plaintiff, Gucci America, Inc. (“Plaintiff”) moves for entry of a

preliminary injunction against Defendants, the Individuals, Partnerships, and Unincorporated

Associations Identified on Schedule “A” hereto (collectively “Defendants”) pursuant to 15

U.S.C. § 1116 and Fed. R. Civ. P. 65, and The All Writs Act, 28 U.S.C. § 1651(a).

The Court convened a hearing on October 7, 2019, at which only counsel for Plaintiff

was present and available to present evidence supporting the Motion. Because Plaintiff has

satisfied the requirements for the issuance of a preliminary injunction, the Court will now grant

Plaintiff’s Motion for Preliminary Injunction.

L Factual Background!

Plaintiff 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 “Gucci Marks’):

Registration Registration

IC 018 — pocketbooks, wallets, travel

and duffel bags, attache cases, toilet

cases sold empty and shoe bags.

GUCCI 0,876,292 □□ 9, {IC 018 — umbrellas.

IC 021 — vacuum bottles, compacts sold

empty and vanity cases sold empty.

IC 025 — shoes and boots.

1,097,555 July 25, 1978 IC 025 — neckties, scarves, footwear,

ory shirts, sweaters, and coats.

November 21 IC 025 — neckties, scarves, belts,

Gd 1,106,722 ’ |footwear, shirts, sweaters, coats, suits,

. 1978 . .

and bathing suits.

IC 018 — wallets, purses, handbags,

shoulder bags, clutch bags, tote bags,

November 28, |card cases, partly and wholly of leather,

1,107,311

. 1978 key cases, passport cases, cosmetic

cases, attache cases, valises, suitcases,

duffles.

i | | IC 018 — wallets, purses, handbags,

| | 1.122.780 July 24, 1979 shoulder bags, clutch bags, tote bags,

ce card cases, attache cases, valises,

(Green Red Green suitcases, duffles, and key cases.

Stripe Design)

IC 025 — clothing-namely, neckties,

1,158,170 June 23, 1981 |scarves, belts, footwear, shirts, coats,

hats, dresses, and bathing suits.

' The factual background is taken from Plaintiff’s Amended Complaint, Motion, and supporting

Declarations submitted by Plaintiff.

Registration Registration

IC 025 — neckties, scarves, belts,

September 8, |footwear, shirts, sweaters, coats, suits,

GUCCI 1,168,477 1981 dressing gowns, hats, socks, dresses, and

bathing suits.

ail

‘|

S| 1,483,526 April 5, 1988 |IC 025 — footwear.

(Green Red Green

Stripe Design)

Sig

= FI 1.511.774 November 8, |IC 018 — purses, handbags, shoulder

Ellie 1988 bags, clutch bags, and tote bags.

(Blue Red Blue

Stripe Design)

January 10,

3,039,629 IC 025 — footwear and belts.

2006

IC 018 — wallets, purses, handbags, tote

3.039.630 January 10, _|bags, business card cases, credit card

2006 cases and key cases, partly or wholly of

leather.

OO, 6

“OO 3,072,547 | March 28, 2006 ete neckties, Scarves. belts,

9 Bmoves.

IC 018 — wallets, purses, handbags,

shoulder bags, clutch bags, tote bags,

oO. 6 business card cases, credit card cases,

9... 3,072,549 March 28, 2006 |partly and wholly of leather, key cases,

Gd Go cosmetic cases sold empty, briefcases,

attaché cases, valises, suitcases and

duffles.

Registration Registration

IC 009 — eyeglass frames and

sunglasses.

IC 014 — jewelry and watches.

IC 016 — agendas and notebooks.

February 5 IC 018 — wallets, purses, handbags,

3,378,755 shoulder bags, clutch bags, tote bags,

2008 .

business card cases, credit card cases,

partly and wholly of leather, key cases,

cosmetic cases sold empty, briefcases,

attaché cases, valises, suitcases and

duffles.

IC 025 — scarves, belts, footwear, shirts,

sweaters, coats, suits.

IC 014 — jewelry.

IC 018 — wallets, purses, handbags,

shoulder bags, clutch bags, tote bags,

business card cases, credit card cases

4,220,947 October 9, 2012 partly and wholly of leather, key cases,

cosmetic cases sold empty, briefcases,

attaché cases, valises, suitcases and

duffel bags.

IC 025 — neckties, scarves, belts,

footwear and gloves.

IC 014 — jewelry.

IC 018 — wallets, purses, handbags,

shoulder bags, clutch bags, tote bags,

business card cases, credit card cases

bY Fb by

od be be 4,229,081 October 23, {partly and wholly of leather, key cases,

a Gs 2012 cosmetic cases sold empty, briefcases,

Gd Gd vd bs attache cases, valises, suitcases and

duffel bags.

IC 025 — neckties, scarves, belts,

footwear and gloves.

Registration Registration

IC 025 — shorts, pants, jeans, leggings, t-

shirts, polo shirts, shirts, sweaters,

4,379,039 August 6, 2013 sweatshirts, dresses, skirts, swimwear,

one piece garments for infants and

(Green Red Green toddlers, cloth bibs, scarves, ties, hats,

Stripe Design) gloves, suspenders, belts.

IC 009 — bicycle helmets; eyewear.

IC 012 — bicycles.

OG IC 018 — backpacks, cosmetic cases sold

Guceé 4,559,556 June 24, 2014 empty partly and wholly of leather.

IC 025 — scarves, belts, footwear, t-

shirts, shirts, pants, blazers, sweatshirts,

sweat pants, hats, and dresses.

IC 009 — protective covers and cases for

G9. oO mobile electronic devices and

69. 4,563,071 July 8, 2014 |computers.

Oo @&

IC 014 — watches.

IC 009 — protective covers and cases for

mobile electronic communication

devices and computers; computer

GUCCI 4,563,098 July 8, 2014 [application software for all mobile

devices, namely, software for providing

information in the field of fashion, the

arts and lifestyle.

IC 018 — handbags, shoulder bags,

clutch bags, tote bags, briefcases,

business card cases, credit card cases,

backpacks, key cases, passport cases,

GUCCI 4,563,132 July 8, 2014 cosmetic cases sold empty, valises,

suitcases, luggage, all the foregoing

being made in whole or in part of

leather; pet accessories, namely,

carriers, collars and leashes; pet collar

accessories, namely, charms.

Registration Registration

IC 014 — jewelry and key rings of

precious metal.

IC 009 — eyeglasses and sunglasses and

cases therefor; protective covers and

cases for mobile electronic

communication devices and computers;

4,567,112 July 15,2014 |cell phone straps; computer carrying

cases.

(Green Red Green

Stripe Design) IC 018 — cosmetic cases sold empty,

suitcases, luggage, duffle bags, diaper

bags partly and wholly of leather; pet

accessories, namely, carriers, collars and

leashes.

IC 009 — protective covers and cases for

mobile electronic communications

devices and computers; computer cases

made of leather.

bd BI BI pd IC 014 — watches.

dod bd be

oo td ogg 4,583,258 August 12, 2014 |IC 018 — backpacks, trollies, baby bags,

od nd eg computer cases made of leather, garment

bags, pet accessories, namely, carriers,

collars and leashes; pet collar

accessories, namely, charms.

IC 025 — clothing, namely, shirts and

jackets.

November 1, IC 018 — handbags and wallets.

5,073,022 016

IC 025 — belts and footwear.

IC 018 — handbags, tote bags, shoulder

. bags, pouches of leather, travelling cases

BUND FOR LOVE 5,183,371 April 11, 2017 of leather and leather credit card cases

and holders.

IC 014 — watches.

sa7g.aso | Septembers. nov ndwalles

IC 025 — clothing, namely, scarves,

neckties and footwear.

(See Declaration of Jessica Haugen in Support of Plaintiff's Motion for Preliminary Injunction

(“Haugen Decl.”) {J 4-5; see also United States Trademark Registrations of the Gucci Marks at

issue attached as Composite Exhibit 1 to the Amended Complaint.) The Gucci Marks are used in

connection with the manufacture and distribution of high quality goods in the categories

identified above. (See id. 45.)

Defendants, by operating e-commerce stores via Internet marketplace platforms under

their seller identification names or commercial Internet websites under their domain names

identified on Schedule “A” hereto (the “Seller IDs and Subject Domain Names”), have

advertised, promoted, offered for sale, or sold goods bearing and/or using what Plaintiff has

determined to be counterfeits, infringements, reproductions, and/or colorable imitations of the

Gucci Marks. (See Haugen Decl. {| 10-14; Declaration of T. Raquel Wiborg-Rodriguez in

Support of Plaintiffs Motion for Preliminary Injunction (‘Wiborg-Rodriguez Decl.”) § 2;

Declaration of Kathleen Burns in Support of Plaintiff's Motion for Preliminary Injunction

(“Burns Decl.’”) § 4; Declaration of Eric Rosaler in Support of Plaintiff's Motion for Preliminary

Injunction (“Rosaler Decl.”) §] 4.)

Although each Defendant may not copy and infringe each Gucci Mark for each category

of goods protected, Plaintiff has submitted sufficient evidence showing that each Defendant has

infringed, at least, one or more of the Gucci Marks. (See Haugen Decl. {[f[ 10-14.) Defendants

are not now, nor have they ever been, authorized or licensed to use, reproduce, or make

counterfeits, reproductions, or colorable imitations of the Gucci Marks. (See id. at ¶¶ 10, 13-14.)

Plaintiff’s counsel retained Invisible Inc and AED Investigations, Inc. (“AED”), both

licensed private investigative firms, to investigate the promotion and sale of counterfeit and

infringing versions of Plaintiff’s branded products by Defendants and to obtain the available

payment account data for receipt of funds paid to Defendants for the sale of counterfeit versions

of Plaintiff’s branded merchandise through the Seller IDs and Subject Domain Names. (Haugen

Decl. ¶ 11; Burns Decl. ¶ 3; Rosaler Decl. ¶ 3; Wiborg-Rodriguez Decl. ¶ 2.) Invisible Inc and

AED collectively accessed each2 of the e-commerce stores and commercial Internet websites

operating under Defendants’ Seller IDs and Subject Domain Names, placed an order for the

purchase of a product bearing counterfeits of, at least, one of the Gucci Marks at issue in this

action, and requested each product to be shipped to one of their addresses in the Southern

District of Florida. (See Burns Decl. ¶ 4; Rosaler Decl. ¶ 4.) Following submission of the orders,

Invisible Inc and AED finalized payment for the Gucci branded items purchased from

Defendants to Defendants’ respective payment accounts and/or payee3 as identified on Schedule

2 Invisible Inc made purchases from each Defendant as identified on Schedule “A” to the

Declaration of Kathleen Burns in Support of Plaintiff’s Application for Preliminary Injunction.

(See Burns Decl. ¶ 4, n.2.) However, during the preparation and filing of the Application for

Preliminary Injunction, some Defendants changed their seller identification name. (Id.)

3 Defendant Numbers 1-50 operate via the non-party Internet marketplace platform,

Amazon.com. (See Burns Decl. ¶ 4 n.3; Rosaler Decl. ¶ 4 n.1; Wiborg-Rodriguez Decl. ¶ 5.)

Amazon.com is an e-commerce marketplace that allows Defendants to conduct their commercial

transactions privately via Amazon’s payment processing and retention service, Amazon

Payments, Inc. (See id.)

Defendant Numbers 51-107 and 117 use money transfer and retention services with PayPal, Inc.

(See Burns Decl. ¶ 4; Wiborg-Rodriguez Decl. ¶ 6.)

Upon completion of Invisible Inc’s purchase from Defendant Number 63 and AED’s purchases

from Defendant Numbers 100-107, no PayPal e-mail account was provided on the transaction

“A” hereto.4 (Id.) At the conclusion of the process, the detailed web page captures and images of

the Gucci branded items Invisible Inc and AED purchased via Defendants’ Seller IDs and

Subject Domain Names, together with photographs of the some of the items Invisible Inc

received, were sent to Plaintiff’s representative for review. (See Haugen Decl. ¶ 12; Burns Decl.

¶ 4; Rosaler Decl. ¶ 4; Wiborg-Rodriguez Decl. ¶ 2.) Plaintiff’s representative conducted a

review and visually inspected the Gucci branded items Invisible Inc and AED purchased via the

Seller IDs and Subject Domain Names and determined the products were non-genuine,

unauthorized versions of Plaintiff’s products. (See Haugen Decl. ¶¶ 13-14.)

On September 12, 2019, Plaintiff filed its Complaint [DE 1] and thereafter its Amended

Complaint on October 4, 2019 [DE 18] against Defendants for federal trademark counterfeiting

and infringement, false designation of origin, common law unfair competition, and common law

trademark infringement. On September 12, 2019, Plaintiff filed its Ex Parte Application for

Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer

of Assets [DE 6]. On September 17, 2019, this Court entered an Order Granting Ex Parte

Application for Entry of Temporary Restraining Order (the “TRO”) [DE 8] and temporarily

restrained Defendants from infringing the Gucci Marks at issue and restrained funds in the

page. (See Burns Decl. ¶ 4 n.4; Rosaler Decl. ¶ 4 n.2.) However, PayPal is able to identify a

PayPal account using the Transaction ID. (See id.) Accordingly, the Transaction IDs for Invisible

Inc’s and AED’s purchases from Defendant Numbers 63 and 100-107 are identified on Schedule

“A” (See id.)

The payee for the orders placed from Defendant Numbers 108-116’s Wish.com Seller IDs

identifies “PayPal *Wish.” (See Burns Decl. ¶ 4 n.5; Wiborg-Rodriguez Decl. ¶ 7.) “WISH

(ContextLogic Inc.)” is the named PayPal recipient for individual transactions conducted with

sellers through Wish.com. (Id.)

Defendant Number 118 use money transfer services with TransferWise Inc. (See Burns Decl. ¶ 4;

Wiborg-Rodriguez Decl. ¶ 8.)

4 Additional contact email addresses for Defendant Numbers 117 and 118 are is also identified

on Schedule “A” hereto. (See Burns Decl. ¶ 4 n.6; Wiborg-Rodriguez Decl. ¶ 3.)

payment accounts associated with the Defendants. Pursuant to the Court’s September 17, 2019

TRO, Plaintiff properly served Defendants with a copy of the Complaint, the Court’s September

17, 2019 TRO, and all filings in this matter [see DE Nos. 20 and 21]. On October 7, 2019, the

Court conducted a hearing on Plaintiff’s Motion, at which only counsel for Plaintiff was in

attendance.

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 Motion 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, or distribution of goods

bearing counterfeits, reproductions, or colorable imitations of the Gucci Marks, and that the

products Defendants are selling and promoting for sale are copies of Plaintiff’s products that bear

copies of the Gucci Marks.

B. Because of the infringement of the Gucci Marks, 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, Motion, and accompanying

declarations, demonstrate that immediate and irreparable loss, damage, and injury will result to

Plaintiff and to consumers because it is more likely true than not that:

1. Defendants own or control e-commerce stores via Internet marketplace

platforms or commercial Internet websites operating under their seller identification names and

domain names which advertise, promote, offer for sale, and sell products bearing counterfeit and

infringing trademarks in violation of Plaintiff’s rights; and

2. There is good cause to believe that more counterfeit and infringing

products bearing Plaintiff’s trademarks will appear in the marketplace; that consumers are likely

to be misled, confused, or disappointed by the quality of these products; and that Plaintiff may

suffer loss of sales for its genuine products.

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 a manufacturer and

distributor of quality products if such relief is not issued.

D. The public interest favors issuance of the preliminary injunction to protect

Plaintiff’s trademark interests and protect the public from being defrauded by the palming off of

counterfeit goods as Plaintiff’s genuine goods.

E. Under 15 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

counterfeits and infringements of the Gucci 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 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 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 Amended Complaint, Motion, and supporting evidentiary

submissions, it is hereby

ORDERED that Plaintiff’s Motion for Preliminary Injunction [DE 6] is GRANTED,

according to the terms set forth below:

(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 restrained and enjoined until further Order of this Court:

a. From manufacturing, importing, advertising, promoting, offering to sell,

selling, distributing, or transferring any products bearing the Gucci Marks,

or any confusingly similar trademarks, other than those actually

manufactured or distributed by Plaintiff; and

b. From secreting, concealing, destroying, selling off, transferring, or

otherwise disposing of: (i) any products, not manufactured or distributed

by Plaintiff, bearing and/or using the Gucci Marks, or any confusingly

similar trademarks; (ii) any evidence relating to the manufacture,

importation, sale, offer for sale, distribution, or transfer of any products

bearing and/or using the Gucci Marks, or any confusingly similar

trademarks; or (iii) any assets or other financial accounts subject to this

Order, including inventory assets, in the actual or constructive possession

of, or owned, controlled, or held by, or subject to access by, any

Defendant, including, but not limited to, any assets held by or on behalf of

any Defendant.

(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, until further Order of this Court, the use of the

Gucci Marks, or any confusingly similar trademarks, on or in connection with all Internet based

e-commerce stores and Internet websites owned and operated, or controlled by them, including

the Internet based e-commerce stores and Internet websites operating under the Seller IDs and

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, until further Order of this Court, the use of the

Gucci Marks, or any confusingly similar trademarks, within metatags or other markers within

website source code, from use on any webpage (including as the title of any web page), from any

advertising links to other websites, from search engines’ databases or cache memory, and any

other form of use of such terms that are visible to a computer user or serves to direct computer

searches to Internet based e-commerce stores and Internet websites registered, owned, or

operated by any Defendant, including the Internet based e-commerce stores and Internet websites

operating under the Seller IDs and Subject Domain Names;

(4) Each Defendant shall not transfer ownership of the Internet based e-commerce

stores or Internet websites operating under their Seller IDs and Subject Domain Names during

the pendency of this action, or until further order of the Court;

(5) Each Defendant shall continue to preserve copies of all computer files relating to

the use of any of the Internet based e-commerce stores or Internet websites under their Seller IDs

and Subject Domain Names and shall take all steps necessary to retrieve computer files relating

to the use of the Internet based e-commerce stores or Internet websites operating under the Seller

IDs and Subject Domain Names that may have been deleted before the entry of this Order;

(6) Upon receipt of notice of this Order, Defendants and all financial institutions,

payment processors, banks, escrow services, money transmitters, or marketplace platforms,

including but not limited to, Amazon Payments, Inc. (“Amazon”), PayPal, Inc. (“PayPal”),

ContextLogic, Inc., which operates the Wish.com website (“ContextLogic”), TransferWise Inc

(“TransferWise”), and their related companies and affiliates shall, to the extent not already done,

(i) immediately identify all financial accounts and/or sub-accounts, associated with the Internet

based e-commerce stores and Internet websites operating under the Seller IDs and Subject

Domain Names, and/or the e-mail addresses identified on Schedule “A” hereto, as well as any

other 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;

(7) Upon receipt of notice of this Order, Defendants and any money transmitters,

including but not limited to, TransferWise, and their related companies and affiliates, shall

further, to the extent not already done, put a hold on and prohibit the withdraw and transfer of

funds in any money transfer accounts used by Defendants for the receipt of funds in connection

with the sale of goods bearing and/or using counterfeits and/or infringements of the Gucci

Marks;

(8) Upon receipt of notice of this Order, 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, Amazon, PayPal, ContextLogic,

TransferWise, and their related companies and affiliates, shall further, to the extent not already

done, provide the Plaintiff’s counsel with all data that details (i) an accounting of the total funds

restrained and identifies 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. 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, Amazon,

PayPal, ContextLogic, TransferWise, 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;

(9) 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;

(10) This Order shall apply to the Seller IDs and Subject Domain Names, associated e-

commerce stores and websites, and any other seller identification names, e-commerce stores,

domain names and websites, or financial accounts which are being used by Defendants for the

purpose of counterfeiting the Gucci Marks at issue in this action and/or unfairly competing with

Plaintiff;

(11) Pursuant to 15 U.S.C. § 1116(d)(5)(D) and Federal Rule of Civil Procedure 65(c),

Plaintiff shall maintain its previously posted 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;

(12) Additionally, for the purpose of providing additional notice of this proceeding,

and all other pleadings, orders, and documents filed herein, the owners, operators and/or

administrators of the Internet marketplace websites and/or financial institutions, payment

processors, banks, escrow services, money transmitters, and marketplace platforms, including

but not limited to Amazon.com, Inc., PayPal, eBay.com, ContextLogic, TransferWise, and their

related companies and affiliates shall, to the extent not already done, at Plaintiff's request,

provide Plaintiff's counsel with any e-mail address known to be associated with Defendants’

respective Seller IDs;

(13) This Order shall remain in effect during the pendency of this action, or until such

further date as set by the Court or stipulated to by the parties.

DONE AND ORDERED in Fort Lauderdale, Florida, this 7 day of October, 2019.

RODNEY SMITH

United States District Judge

Copies provided to:

Counsel of Record

SCHEDULE “A”

DEFENDANTS BY NUMBER, SELLER ID, SUBJECT DOMAIN NAME,

FINANCIAL ACCOUNT INFORMATION, STORE URL, AND E-MAIL ADDRESS

Def. Store URL /

Defendant / Seller ID Financial Account Information

No. Customer Service E-mail

1 AMPTdress AM0Y5MQC3BRGD

2 Big Different Store A3MZL9PO82W5MF

BOLBanana

3 a/k/a DZH A3SB0V061CEEA8

4 Boutique. A1HJD81J8Q4I26

5 BruceMarry AW5N7YOKBIWWL

6 China Culture and Art A3BYMVW9HW3B22

7 Cyclyyoo Store A1HWLKZ9KXQAZQ

8 Dale Nixon A34AAJYFQ3FVGZ

9 DeRoseStore AGND7OBE183ZN

10 DF24ddhg1 A2VS2UAA8S53XR

11 Dorapocket A3Q8H5FJOY270Z

12 DUOAI A7QIYBQNYANH9

13 EleeFun A18QIYPCFOQOLE

14 EXPEDER A12VR8BD9YFS77

15 Fendona A24ZJXKYQN7IXJ

16 Harry Brown A219K90V095X5W

HOtsell

17 a/k/a afsfddsgfgh A39J22BZB45SQ9

18 KDUST AJ6JGJBZQTYQV

langfangyingfabaowencailiaoyo

19 uxiangongsi A1U9FSOX0S08K7

20 Leadlion A2QYI3K782T5VW

21 MAGOR A9M9OG58PGJEN

22 MAKGOT A3FG8CJ1DDD8B1

23 MengXiangShangMao A1UKXMTPFGGPQF

24 Mingyuming A1AE8PBXQUQTZ0

25 MoYoTo A31JPCJVXCS1XQ

26 naizhelun A372K72U6WFLF9

NicebeltL

27 a/k/a HustonMc A271U4XS1OQYYX

28 qSkAif76xn AG3IBCJZXQZB1

29 Queenchanelv A1UKHPF6Q51DME

30 Rainbow after Storm A1N2J3YS40EKBF

31 ranmei89 A1N7K5TZKQ24CI

32 run2019belt A12BNCGNYZTXG3

33 Sasa eShop A3Q14VV9KDFIDU

34 ShannonSIsom AZCIRHK56XFV6

35 Sun Hui Bo AXU327NW4289D

Def. Store URL /

Defendant / Seller ID Financial Account Information

No. Customer Service E-mail

36 Suzanne Aldridge A2K2WWFMEDC60V

37 T TOP A34DTF29NVF61K

38 Tian Tao2 A3I0TMBOPRARUL

39 TYMYsmyx A1IKWQ2N0RSMTX

Usbandbug

40 a/k/a Mlover AJ6K1BJZG0D47

41 YoGEE-Official A29WJYZRP96VCN

42 youlongky A2D874I0QQQL2X

43 yunguantui7fr A1DDJMOIC44B56

44 yuyue20 A3IUHLBAB6ZAF4

45 ZERSGF A1HCDIT91XJMTS

46 CCLOIUY& A1BT2MEY7WRX8V

47 daituanjie321 A1A117JMUJPO27

48 kjelaeg A18L3WOLHA1SSQ

49 Liangdfgh A2NU1TJR926K3Q

50 TBETECH A1Z27LCTU8YTR0

51 4827069 xiaodianx0403@163.com

52 ananmaru_0 anangmaruf3444@gmail.com

53 andrea_case andrealistiantty@gmail.com

54 anxia_8857 dosfilm236@126.com

55 asas8598 bendrissasmae@gmail.com

56 asno_45 aslanoman8819@outlook.com

57 bagupambud_0 Onerepaircomputer@gmail.com

58 bani-007 akhweis2009@hotmail.com

59 bizworld-99 damithsales@gmail.com

60 blackrose838 blackrosepay@yahoo.com

61 breto3998 ricardh866@yahoo.com

62 cakep_65 Cakepflady@gmail.com

Transaction

63 chicbali ID: 6CC0538242012442D

64 chuangtianjingmi 17728606807@163.com

65 dananindr0 rigalapinago@gmail.com

66 denbast lepaderapol@gmail.com

67 evbis-47 eviemors@outlook.com

68 fangche_38 neixiang25189@sina.com

69 goodagain20179 xowssa254789@sina.com

69 sincerity7440 xowssa254789@sina.com

70 gzllshumei taishanxi6667@sina.com

71 haryope soyawelanapo@gmail.com

72 homesepuluh0 akunrezeki40@gmail.com

huamanlou25_0

73 a/k/a weba5869 maxiaoquan8858@163.com

74 jiucheng51009047 jiucheng5100904@163.com

Def. Store URL /

Defendant / Seller ID Financial Account Information

No. Customer Service E-mail

75 leste_mell melly.lester8924@yahoo.com.au

76 maddpe-39 maddigopn@outlook.com

77 maulanric0 CatricelynCoons@gmail.com

78 meldpratam-0 meldapratama59@gmail.com

79 mendis-groups mendisgroups@gmail.com

80 moshan_29 shuncheng454269@sina.com

81 qipej2548 a45461990@sina.com

qpbh9129

82 a/k/a high-quality-bag 18520566080@163.com

83 qunla-84 fengruilu6549@sina.com

84 shouyashi475455-3 htjyc0852@163.com

85 soufiane09 soufiane-benhima09@outlook.fr

86 stars_jersey sayad.real@gmail.com

store1081

87 a/k/a luxury1081 draoui_1081@hotmail.com

88 ts49cd ts49cd8@163.com

89 w13716706723 geili2114@126.com

90 wpeeq7772 anguolu2871@sina.com

91 xinge47763 xinge4776@sina.com

92 xjub9500 shimiao13hao@sina.com

93 xuweihai6688 xuweihai456@126.com

94 yaguangdianzi_86 hongyaguangdianzi@outlook.com

95 yehaha-store yahroni9@gmail.com

96 zeroyiyang zhangxs@sohu.com

97 zhigaowusi447 chaxiang6859@126.com

98 zhu81-93 zhu81851313@163.com

99 zuozuowang yeyu06052876@163.com

Transaction

100 aagun-22 ID: 8V963295H37651740

Transaction

101 albmelod_0 ID: 0TW708430B465503E

Transaction

102 custom_g ID: 2PG970980H417240R

Transaction

103 jokid24 ID: 3PP82053S51497037

Transaction

104 krisna_store ID: 74026054HF6375843

Transaction

105 lent.e.rab22 ID: 7U185761KP191830W

Transaction

106 lutfhad-7 ID: 22706978T2383400T

Transaction

107 ujansugand-0 ID: 5FT8745599701061E

Def. Store URL /

Defendant / Seller ID Financial Account Information

No. Customer Service E-mail