Yves Saint Laurent S.A.S. v. The Individuals, Business Entities, and Unincorporated Associations identified on Schedule A

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 23-cv-61028-BLOOM

YVES SAINT LAURENT S.A.S.,

Plaintiff,

v.

THE INDIVIDUALS, BUSINESS ENTITIES,

AND UNINCORPORATED ASSOCIATIONS

IDENTIFIED ON SCHEDULE “A,”

Defendants.

/

ORDER GRANTING PLAINTIFF’S MOTION

FOR ENTRY OF PRELIMINARY INJUNCTION

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

Injunction, ECF No. [10] (“Motion”). The Court has carefully considered the Motion, the record

in this case, and the applicable law, and is otherwise fully advised.

Plaintiff Yves Saint Laurent S.A.S. (“Plaintiff”) moves for entry of a preliminary injunction

against Defendants1 for alleged violations of the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), and

1125(d). The Court held a hearing by video conference on June 14, 2023, which was attended by

counsel for Plaintiff only. During the hearing, Plaintiff directed the Court to evidence supporting

the Motion. None of the Defendants formally responded to the Motion, nor have they made any

appearance or filing in this case, either individually or through counsel.2 Because Plaintiff has

satisfied the requirements for the issuance of a preliminary injunction, the Court grants the Motion.

1 Defendants are the Individuals, Business Entities, and Unincorporated Associations identified on Schedule

“A.” ECF No. [18].

2 Plaintiff’s counsel was also contacted via email by counsel regarding a possible resolution of the matter

on behalf of Defendant Numbers 13, 46, and 53. ECF No. [23] at n.1. However, neither counsel nor

Defendants have entered any formal appearance or filed any response with the Court as of this date.

Case No. 23-cv-61028-BLOOM

I. BACKGROUND?

Plaintiff is the owner of the following trademarks (the “YSL Marks”), which are valid and

registered on the Principal Register of the United States Patent and Trademark Office (USPTO):

Trademark Registration Registration Class(es) / Relevant Goods

Number Date

. November 3,

YVES SAINT LAURENT 0,901,660 1970 IC 018: handbags.

IC 006: keyholders.

IC 009: sunglasses, optical

frames and cases for glasses.

IC 014: jewelry, clocks and

watches.

IC 018: handbags, luggage, tote

bags, briefcases, wallets,

billfolds, change purses, and key

fobs.

IC 025: women's and girls’

1.711.127 September 1, | apparel; namely, dresses, gowns,

a 1992 skirts, slacks, pants, suits,

blouses, shirts, sweaters, jeans,

neckwear, scarves, belts,

sleepwear, underwear, lingerie,

robes, camisoles, slips, brassieres,

robes, swimwear, beach cover-

ups, shoes, slippers, sandals,

boots, gloves, hosiery, tights,

coats, raincoats, jackets, capes,

shawls, fur muffs and headwear;

men's and boys apparel; namely,

outercoats, raincoats, blazers,

sportcoats, vests, suits, pants,

jackets, tuxedos, shirts, jeans,

sweaters, neckwear, pocket

> The factual background is taken from Plaintiff's Amended Complaint, ECF No. [18], Plaintiff's Motion,

ECF No. [10], and supporting evidentiary submissions. Plaintiff filed declarations and exhibits annexed

thereto in support of its Motion. The declarations are available in the docket at the following entries: ECF

Nos. [10-1], [10-2], [10-3]. Plaintiff also filed a Notice of Identification of Additional Financial Accounts

Used by Defendant Number 14. ECF No. [17].

Case No. 23-cv-61028-BLOOM

Number Date

squares, pajamas, night shirts,

robes, bath wraps, shoes, sandals,

slippers, hosiery, socks, gloves,

scarves, hats, swimwear, belts

and suspenders.

IC 006: keyholders.

IC 009: sunglasses, optical

frames and cases for glasses.

IC 014: jewelry, clocks and

watches.

IC 018: handbags, luggage, tote

bags, briefcases, wallets,

billfolds, change purses and key

fobs.

IC 025: women's and girl's

apparel; namely, dresses, gowns,

skirts, slacks, pants, suits,

blouses, shirts, sweaters, jeans,

AIRS IRATE. HUET 1.712.998 September 8, | neckwear, scarves, belts,

a 1992 sleepwear, underwear, lingerie,

robes, camisoles, slips, brassieres,

robes, swimwear, beach cover-

ups, shoes, slippers, sandals,

gloves, hosiery, tights, leotards,

leg warmers, coats, raincoats,

jackets, capes, shawls, fur muffs

and headwear; men's and □□□□□

apparel; namely, outercoats,

raincoats, blazers, sportcoats,

vests, suits, pants, dinner jackets,

jackets, tuxedos, shirts, jeans,

sweaters, neckwear, pocket

squares, pajamas, night shirts,

robes, bath wraps, shoes, boots,

sandals, slippers, hosiery, socks,

gloves, scarves, hats, swimwear,

belts and suspenders.

1992

Case No. 23-cv-61028-BLOOM

umber Date

IC 009: sunglasses, optical

frames and cases for glasses.

IC 014: jewelry, clocks and

watches.

IC 018: handbags, luggage, tote

bags, briefcases, wallets,

billfolds, change purses, and key

fobs.

IC 025: women's and girl's

apparel; namely, dresses, gowns,

skirts, slacks, pants, suits,

blouses, shirts, sweaters, jeans,

neckwear, scarves, belts,

sleepwear, underwear, lingerie,

robes, camisoles, slips, brassieres,

robes, swimwear, beach cover-

ups, shoes, slippers, sandals,

boots, gloves, hosiery, tights,

coats, raincoats, jackets, capes,

shawls, fur muffs and headwear;

men's and boy's apparel; namely,

outercoats, raincoats, blazers,

sportcoats, vests, suits, pants,

jackets, tuxedos, shirts, jeans,

sweaters, neckwear, pocket

squares, pajamas, night shirts,

robes, bath wraps, shoes, sandals,

slippers, hosiery, socks, gloves,

scarves, hats, swimwear, belts

and suspenders.

IC 006: keyholders and metal

pillboxes.

IC 009: sunglasses, optical

frames and cases for glasses.

January 12,

WESSAINTAURENT 1,745,483 1993

IC 014: jewelry, clocks and

watches.

IC 016: stationery; namely, pens,

pencils and playing cards.

Case No. 23-cv-61028-BLOOM

Number Date

IC 018: handbags, luggage, tote

bags, briefcases, wallets,

billfolds, change purses.

IC 025: women's and girl's

apparel; namely, dresses, gowns,

skirts, slacks, pants, suits,

blouses, shirts, sweaters, jeans,

neckwear, scarves, belts,

sleepwear, underwear, lingerie,

robes, camisoles, slips, brassieres,

robes, swimwear, beach cover-

ups, shoes, slippers, sandals,

gloves, hosiery, tights, leotards,

coats, raincoats, jackets, capes,

shawls, fur muffs and headwear;

men's and boys apparel; namely,

outercoats, raincoats, blazers,

sportcoats, vests, suits, pants,

dinner jackets, jackets, tuxedos,

shirts, jeans, sweaters, neckwear,

pocket squares, pajamas, night

shirts, robes, bath wraps, shoes,

boots, sandals, slippers, hosiery,

socks, gloves, scarves, hats,

swimwear, belts and suspenders.

IC 009: sunglasses; accessories

for telephones, mobile

telephones, smartphones, video

phones, tablet computers, PDAs

(personal digital assistants) and

MP3 players, namely, covers,

cases, cases and covers for

SAINT LAURENT 5,195,857 May 2, 2017 portable computers, covers; USB

PARIS flash drives.

IC 014: precious metals and their

alloys; jewellery of alloys and

plated, namely, rings, earrings,

cuff links, bracelets, brooches,

pendants, charms, chains and

watch chains, necklaces, medals,

Registration Registration

Trademark Class(es) / Relevant Goods

Number Date

medallions; semi-precious stones:

jewellery cases.

IC 018: leather and imitations of

leather, animal skins and

imitation animal skins; leather

goods and imitation of leather

goods, namely, handbags,

shoulder bags, messenger bags,

tote bags, luggage, wallets,

purses, notecard cases, briefcases,

attaché cases, school bags, school

satchels, beach bags, bags for

sports, belt bags, sling bags for

travel, suitcases, trunks, travelling

bags, rucksacks, shopping bags,

clutch bags, pouches; vanity

cases sold empty, toiletry bags

sold empty, garment bags for

travel, travelling sets, namely,

coordinated luggage sets for

travel, key cases in leather.

IC 025: men’s, women’s and

children's clothing, namely, suits,

coats, jackets, pants, shirts,

raincoats, sweatsuits, underwear,

pullovers, knit shirts, and under

garments; evening wear, namely,

evening dresses, evening gowns,

evening wraps, tuxedos, blazers,

and three-quarter coats; hosiery,

namely, socks and stockings;

knitwear clothing, namely,

sweaters, knitted underwear, and

knit caps; sportswear, namely,

sports shirts, sport jerseys, sport

pants; clothing accessories,

namely, suspenders, ties, bow

ties, and scarves; belts for

clothing; gloves; footwear and

headwear.

Case No. 23-cv-61028-BLOOM

umber Date

IC 009: sunglasses; accessories

for telephones, mobile

telephones, smartphones, video

phones, tablet computers, PDAs

(personal digital assistants) and

MP3 players, namely, covers,

cases, cases and covers for

portable computers, covers; USB

flash drives.

IC 014: precious metals and their

alloys; jewellery of alloys and

plated, namely, rings, earrings,

cuff links, bracelets, brooches,

pendants, charms, chains and

watch chains, necklaces, medals,

medallions; semi-precious stones:

jewellery cases.

IC 018: leather and imitations of

leather, animal skins and

August 15, | imitation animal skins; leather

SAINT LAURENT 9,266,193 2017 goods and imitation of leather

goods, namely, handbags,

shoulder bags, messenger bags,

tote bags, luggage, wallets,

purses, notecard cases, briefcases,

attaché cases, school bags, school

satchels, beach bags, bags for

sports, belt bags, sling bags for

travel, suitcases, trunks, travelling

bags, rucksacks, shopping bags,

clutch bags, pouches; vanity

cases sold empty, toiletry bags

sold empty, garment bags for

travel, travelling sets, namely,

coordinated luggage sets for

travel, key cases in leather.

IC 025: men’s, women’s and

children's clothing, namely, suits,

coats, jackets, pants, shirts,

raincoats, sweatsuits, underwear,

pullovers, knit shirts, and under

Registration Registration

Trademark Class(es) / Relevant Goods

Number Date

garments; evening wear, namely,

evening dresses, evening gowns,

evening wraps, tuxedos, blazers,

and three-quarter coats; hosiery,

namely, socks and stockings;

knitwear clothing, namely,

sweaters, knitted underwear, and

knit caps; sportswear, namely,

sports shirts, sport jerseys, sport

pants; clothing accessories,

namely, suspenders, ties, bow

ties, and scarves; belts for

clothing; gloves; footwear and

headwear.

See Declaration of Courtney Brown, ECF No. [10-1] ¶ 4; ECF No. [18-1] (containing Certificates

of Registrations for the YSL Marks at issue). The YSL Marks are used in connection with the

manufacture and distribution of high-quality goods in the categories identified above. See

Declaration of Courtney Brown, ECF No. [10-1] ¶¶ 4-5.

Defendants, by operating the Internet based e-commerce stores under the seller names

identified on Schedule “A” (the “E-commerce Store 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 YSL Marks. See Declaration of

Courtney Brown, ECF No. [10-1] ¶¶ 9-13; Declaration of T. Raquel Wiborg-Rodriguez, ECF No.

[10-2] ¶ 2; Declaration of Kathleen Burns, ECF No. [10-3] ¶ 4; Declaration of Kathleen Burns in

Support of Plaintiff’s Notice of Identification of Additional Financial Accounts Used by Defendant

Number 14, ECF No. [17-1] ¶ 5.

Although each Defendant may not copy and infringe each YSL 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 YSL Marks. See Declaration of Courtney Brown, ECF No.

[10-1] ¶¶ 9-13. Defendants are not now, nor have they ever been, authorized or licensed to use,

reproduce, or make counterfeits, reproductions, or colorable imitations of the YSL Marks. See

Declaration of Courtney Brown, ECF No. [10-1] ¶¶ 9, 12-13.

Plaintiff’s counsel retained Invisible Inc, a licensed private investigative firm, to

investigate the promotion and sale of counterfeit and infringing versions of Plaintiff’s 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 products. See Declaration of

Courtney Brown, ECF No. [10-1] ¶ 10; Declaration of T. Raquel Wiborg-Rodriguez, ECF No.

[10-2] ¶ 2; Declaration of Kathleen Burns, ECF No. [10-3] ¶ 3. Invisible Inc accessed the Internet

based e-commerce stores operating under each of Defendants’ E-commerce Store Names and

placed orders from each Defendant for the purchase of various products, all bearing and/or using

counterfeits of, at least, one of Plaintiff’s trademarks at issue in this action, and requested each

product to be shipped to an address in the Southern District of Florida. See Declaration of Kathleen

Burns, ECF No. [10-3] ¶ 4 and Comp. Ex. 1 thereto, ECF Nos. [10-4] – [10-8]. Each order was

processed entirely online4 and following the submission of the orders, Invisible Inc received

information for finalizing payment5 for the various products ordered to their respective payment

account, identified on Schedule “A.”6 See id. At the conclusion of the process, the detailed web

page captures and images of the various products bearing and/or using the YSL Marks ordered via

4 Certain Defendants use their E-commerce Store Names in tandem with image hosting websites and

electronic communication via private messaging applications and/or services to complete their offer and

sale of counterfeit and infringing Saint Laurent-branded products. See Declaration of Kathleen Burns, ECF

No. [10-3] ¶ 4, n.1.

5 Invisible Inc was instructed to not transmit the funds to finalize the sale for some of the orders from

Defendants so as to avoid adding money to Defendants’ coffers. See Declaration of T. Raquel Wiborg-

Rodriguez, ECF No. [10-2] ¶ 2 n.1; Declaration of Kathleen Burns, ECF No. [10-3] ¶ 4 n.2.

6 Certain Defendants also provided contact e-mail addresses in connection with their E-commerce Store

Names, which are included on Schedule “A” hereto. See Declaration of T. Raquel Wiborg-Rodriguez, ECF

No. [10-2] at 3; Declaration of Kathleen Burns, ECF No. [10-3] at 4 n.2.

Defendants’ E-commerce Store Names were sent to Plaintiff’s representative for inspection. See

Declaration of Courtney Brown, ECF No. [10-1] ¶ 11; Declaration of T. Raquel Wiborg-

Rodriguez, ECF No. [10-2] ¶ 2; Declaration of Kathleen Burns, ECF No. [10-3] ¶ 4.

Plaintiff’s representative reviewed and visually inspected the products bearing and/or using

the YSL Marks ordered and purchased by Invisible Inc and determined the products were not

genuine versions of Plaintiff’s goods. See Declaration of Courtney Brown, ECF No. [10-1] ¶¶ 12-

13.

On June 1, 2023, Plaintiff filed its Complaint, ECF No. [1], and thereafter its Amended

Complaint on June 6, 2023, ECF No. [18], against Defendants for trademark counterfeiting and

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

common law trademark infringement. On June 2, 2023, Plaintiff filed its Ex Parte Application for

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

Assets, ECF No. [10]. On June 2, 2023, this Court entered a Temporary Restraining Order, and

temporarily restrained Defendants from infringing the YSL Marks at issue. See ECF No. [12]. The

Temporary Restraining Order also directed PayPal, Inc. (“PayPal”), and Stripe, Inc. (“Stripe”) to

identify and restrain funds in payment accounts associated with Defendants and to divert those

funds to a holding account. Pursuant to the Court’s June 2, 2023 Order, Plaintiff served Defendants

with a copy of the Amended Complaint together with copies of the Ex Parte Application for Entry

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

Assets, and the Court’s June 2, 2023 Temporary Restraining Order, thereby providing notice and

copies of the June 2, 2023 Temporary Restraining Order and Plaintiff’s Ex Parte Application for

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

Assets via email to each Defendant’s corresponding email/online contact form, and by posting

copies of the Temporary Restraining Order and all other pleadings and documents on file in this

action on the website located at https://servingnotice.com/YSmQMe2/index.html. Thereafter,

Certificates of Service were filed confirming service on each Defendant, ECF Nos. [20]-[21].

II. LEGAL STANDARD

To obtain a preliminary injunction, 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).

III. DISCUSSION

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, sales, offer for sale, and/or distribution of

goods bearing and/or using counterfeits, reproductions, or colorable imitations of the YSL Marks,

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

products that bear and/or use copies of the YSL Marks;

B. Because of the infringement of the YSL Marks, Plaintiff is likely to suffer

immediate and irreparable injury if a preliminary injunction is not granted. It appears from the

following specific facts, as set forth in Plaintiff’s Amended Complaint, Motion, and accompanying

declarations on file, 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 Internet based e-commerce stores operating

under their E-commerce Store Names which advertise, promote, offer for sale, and sell products

bearing and/or using 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, and 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 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

and/or using counterfeits and infringements of the YSL Marks. See Reebok Int’l, Ltd. v. Marnatech

Enters., Inc., 970 F.2d 552, 559 (9th Cir. 1992) (quoting Fuller Brush Products 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 Comm’n v. United

States Oil & Gas Corp., 748 F.2d 1431, 1433-34 (11th Cir. 1984)).

G. Considering 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.

IV. CONCLUSION

Accordingly, it is ORDERED AND ADJUDGED that, pursuant to 15 U.S.C. § 1116,

Federal Rule of Civil Procedure 65, 28 U.S.C. § 1651(a), and the Court’s inherent authority,

Plaintiff’s Motion, ECF No. [10], 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 enjoined and restrained until further Order of this Court:

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

selling, distributing, or transferring any products bearing the YSL 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 the YSL 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 YSL

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 YSL

Marks or any confusingly similar trademarks, on or in connection with all e-commerce stores

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

operating under the E-commerce Store 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 YSL

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 e-commerce stores registered, owned, or operated by any Defendant,

including the e-commerce stores operating under the E-commerce Store Names;

4. Each Defendant shall continue to preserve copies of all computer files relating to

the use of any of the E-commerce Store Names and shall take all steps necessary to retrieve

computer files relating to the use of the E-commerce Store Names that may have been deleted

before the entry of this Order;

5. Upon Plaintiff’s request, the privacy protection service for any of the E-commerce

Store Names for which the registrant uses such privacy protection service to conceal the

registrant’s identity and contact information is ordered to disclose to Plaintiff the true identities

and contact information for those registrants;

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, PayPal, Inc. (“PayPal”), and Stripe, Inc. (“Stripe”) and their related

companies and affiliates shall immediately, to the extent not already done, (i) identify all financial

accounts and/or sub-accounts, associated with the Internet e-commerce stores operating under the

E-commerce Store Names, payees, merchant identification numbers, 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) divert

those restrained funds to a holding account for the trust of the Court;

7. 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, PayPal, Stripe, and their related companies and affiliates, shall further,

to the extent not already done, provide Plaintiff’s 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. 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 Stripe, and their related companies and affiliates for any purpose (other than pursuant to a

purchase refund chargeback made by a consumer) without the express authorization of this Court;

8. This Order shall apply to the E-commerce Store Names, associated e-commerce

stores, and any other seller identification names, e-commerce stores, or financial accounts which

are being used by Defendants for the purpose of counterfeiting the YSL Marks and/or unfairly

competing with the Plaintiff;

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. As a matter of law, this Order shall no longer apply to any Defendant or associated

e-commerce store dismissed from this action, or as to which Plaintiff has withdrawn its request for

a preliminary injunction;

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 e-commerce stores, and/or financial institutions, payment processors, banks, escrow

services, and money transmitters, and marketplace platforms, including but not limited to PayPal,

Case No. 23-cv-61028-BLOOM

Stripe, 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 E-commerce Store Names; and

13. This Order shall remain in effect during the pendency of this action, or until further

Order of this Court.

DONE AND ORDERED in Chambers at Miami, Of / June 14, 2023.

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to:

Counsel of Record

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