Yeti Coolers, LLC v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 21-cv-62008-BLOOM/Valle YETI COOLERS, LLC, Plaintiff, v. THE INDIVIDUALS, BUSINESS ENTITIES, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A, Defendants. ______________________________________ SEALED ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION THIS CAUSE is before the Court upon Plaintiff’s Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets (the “Application for Temporary Restraining Order”), ECF No. [7]. The Court has carefully considered the Application for Temporary Restraining Order, the record in this case, and the applicable law, and is otherwise fully advised.

By the instant Application, Plaintiff, YETI Coolers, LLC (“Plaintiff”), moves ex parte, pursuant to 15 U.S.C. § 1116, Federal Rule of Civil Procedure 65, and The All Writs Act, 28 U.S.C. § 1651(a), for entry of a temporary restraining order and an order restraining the financial accounts used by Defendants,1 and upon expiration of the temporary restraining order, a preliminary injunction against Defendants, for alleged violations of the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a). Because Plaintiff has satisfied the requirements for the issuance of a Defendants are the Individuals, Business Entities, and Unincorporated Associations identified on Schedule “A” hereto (collectively “Defendants”).

Case No. 21-cv-62008-BLOOM/Valle temporary restraining order, the Court grants Plaintiff's Application for Temporary Restraining Order.

1. FACTUAL BACKGROUND?

Plaintiff, YETI Coolers, LLC, is the registered owner of the following trademarks, which are valid and registered on the Principal Register of the United States Patent and Trademark Office (the “YETI Marks”): Trademark Registration Registration Date Class(es) / Good(s) Number □ ET] 3,203,869 January 30, 2007 |IC 021 — Portable coolers Tl N DRA 4,083,930 | January 10,2012 |IC 021 — Portable coolers ROADIE 4,083,932 | January 10, 2012 |IC 021 — Portable Coolers YETI TANK | 418.317 | SePtember22, lic 021 — Portable Coolers 2015 > The factual background is taken from the Plaintiffs Complaint, ECF No. [1]. Plaintiffs Application for Temporary Restraining Order, ECF No. [7], and supporting evidentiary submissions. Plaintiff filed declarations and exhibits annexed thereto in support of its Application for Temporary Restraining Order.

The declarations are available in the docket at the following entries: Declaration of Jeni Zuercher, ECF No. [7-1], Declaration of Stephen M. Gaffigan, ECF No. [7-3], and Declaration of Kathleen Burns, ECF No. [7-6].

Case No. 21-cv-62008-BLOOM/Valle RAMBLER 4,998,897 July 12,2016 JIC 021 - Jugs HOPPER FLIP) 5.171.380 | March 28, 2017 |IC 021 — Portable Coolers HOPPER 5,232,872 June 27,2017 □□□ 021 — Portable coolers IC 021 - Beverageware; cups; drinking glasses; tumblers for use as drinking vessels; jugs; mugs; temperature-retaining drinking vessels; storage containers for household or domestic use, namely, vacuum RAMBLER 5,233,441 June 27,2017 |container for hot or cold food and drink; beer growlers; insulated food and drink containers; stainless steel tumblers for use as drinking vessels; stainless steel drinking glasses; stainless steel beverageware; drinking straws.

YETI HOPPER 5,329,935 | November 7, 2017 |IC 021 — Portable coolers YETI 5,885,556 | October 15, 2019 |IC 016 — Lunch bags HAUL 5,886,316 | October 15,2019 |IC 021 — Non-electric coolers Case No. 21-cv-62008-BLOOM/Valle IC 021 — Insulated lunch boxes; lunch boxes; lunch bags not of D AYTRIP 5,893,053 October 22, 2019 |paper; insulated lunch bags not of paper; non-electric portable coolers 6,153,620 September 15, |IC 021 — Non-electric portable BACKFLIP 2020 coolers FLIP 6,200,636 | November lic 991 — Portable coolers 2020 IC 021 - Buckets; plastic buckets; industrial buckets; utility buckets; ranger buckets; fishing buckets; household containers for food and beverages; containers for Y household or kitchen use; plastic ETI 6,211,352 | December 1, 2020 portable household cargo containers; portable non-electric water coolers; water dispensers; insulated water dispensers; portable beverage dispenser; handles specially adapted for beverageware See Declaration of Jeni Zuercher, ECF No. [7-1] at 4-5; ECF No. [1-2] (containing Certificates of Registrations for the YETI Marks at issue.) The YETI Marks are used in connection with the manufacture and distribution of quality goods in the categories identified above. See Declaration of Jeni Zuercher, ECF No. [7-1] at 4-5.

Defendants, by operating commercial Internet websites and a supporting domain under Defendants’ respective domain names identified on Schedule “A” hereto (the “Subject Domain Names”), have advertised, promoted, offered for sale, or sold goods bearing and/or using what Plaintiff has determined to be counterfeits, infringements, reproductions and/or colorable imitations of the YETI Marks. See Declaration of Jeni Zuercher, ECF No. [7-1] at 10-14; Declaration of Stephen M. Gaffigan, ECF No. [7-3] at 2; Declaration of Kathleen Burns, ECF No. [7-6] at 4.

Although each Defendant may not copy and infringe each YETI 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 YETI Marks. See Declaration of Zuercher, ECF No. [7-1] at 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 YETI Marks. See Declaration of Zuercher, ECF No. [7-1] at 10, 13-14.

Counsel for Plaintiff retained Invisible Inc. (“Invisible”), a licensed private investigative firm, to investigate the promotion and sale of counterfeit and infringing versions of YETI branded products by certain Defendants and to obtain the available payment account data for receipt of funds paid to these Defendants for the sale of counterfeit versions of YETI branded products. See Declaration of Jeni Zuercher, ECF No. [7-1] at 12; Declaration of Stephen M.

Gaffigan, ECF No. [7-3] at 2; Declaration of Kathleen Burns, ECF No. [7-6] at 3. Invisible accessed the Internet websites operating under the Subject Domain Names for Defendant Numbers 1-25 and placed orders via these Subject Domain Names for the purchase of various products, all bearing and/or using counterfeits and infringements of at least one of YETI’s trademarks at issue in this action, and requested each product to be shipped to Invisible’s address in the Southern District of Florida. See Declaration of Kathleen Burns, ECF No. [7-6] at 4 and Comp. Ex. 1 thereto, ECF No. [7-7]. Each order was processed entirely online and following the placement of the orders, Invisible received information for finalizing payment3 for the various products ordered via PayPal, Inc. (“PayPal”) to Defendants’ respective PayPal accounts, as identified on Schedule “A” hereto.4 (See id.) Additionally, Invisible captured the PayPal Merchant Identification Numbers (“Merchant IDs”) identified as part of the source code and account data for these Defendants. At the conclusion of the process, the detailed web pages Invisible captured and downloaded5 reflecting the YETI branded products promoted and offered for sale via the Subject Domain Names were sent to YETI’s representative, Jeni Zuercher, for inspection. See Declaration of Stephen M. Gaffigan, ECF No. [7-3] at 2; Declaration of Jeni Zuercher, ECF No. [7-1] at 12.

Additionally, YETI accessed the Internet websites operating under Defendant Numbers 1-2, 6-7, 9-10, 16-17, 19-21’s Subject Domain Names and placed an order for the purchase of a product bearing counterfeits of, at least, one of the YETI Marks at issue in this action from each of these Defendants. Each order was processed entirely online and following the placement of the orders, YETI captured the PayPal Merchant IDs and any additional e-mail address identified as part of the source code and account data for these Defendants, as identified on Schedule “A” attached hereto. See Declaration of Jeni Zuercher, ECF No. [7-1] at 11 and Comp. Ex. 1 thereto, ECF No. [7-2].

3 Invisible was instructed not to transmit the funds to finalize the sale for the orders for most of the Defendants so as to avoid adding money to Defendants’ coffers. See Declaration of Kathleen Burns, ECF No. [7-6] at 4, n.1.

4 The customer service e-mail addresses identified for certain Defendants are also included in Schedule “A” hereto. See Declaration of Kathleen Burns, ECF No. [7-6] at 4, n.2.

5 The web pages captured and downloaded by Plaintiff’s counsel’s office, Stephen M. Gaffigan, P.A., identifying the customer service e-mail addresses for certain Defendants are included in Comp. Ex. 1 to the Declaration of Kathleen Burns, ECF No. [7-6] and identified on Schedule “A” hereto.

Further, Plaintiff’s counsel accessed each of the commercial Internet websites operating under Defendant Numbers 26-60’s Subject Domain Names and downloaded web pages reflecting the YETI branded products promoted and offered for sale via these Subject Domain Names and provided the same to YETI’s representative, Jeni Zuercher, for inspection. See Declaration of Stephen M. Gaffigan, ECF No. [7-3] at 3.

Plaintiff’s representative conducted a review of the YETI branded goods offered for sale by Defendants via the Subject Domain Names by reviewing the Internet websites operating under the Subject Domain Names or the detailed web page captures thereof, and\or the website to which a certain domain name automatically redirects, and determined the products were not genuine versions of YETI’s goods. See Declaration of Jeni Zuercher, ECF No. [7-1], at 13-14.

II. LEGAL STANDARD To obtain a temporary restraining order, a party must demonstrate “(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non- movant; and (4) that the entry of the relief would serve the public interest.” Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223, 1225–26 (11th Cir. 2005); see also Levi Strauss & Co. v. Sunrise Int’l. Trading Inc., 51 F. 3d 982, 985 (11th Cir. 1995) (applying the test to a preliminary injunction in a Lanham Act case). Additionally, a court may only issue a temporary restraining order without notice to the adverse party or its attorney if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition [and] (B) the movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.

Fed. R. Civ. P. 65(b)(1). Ex parte temporary restraining orders “should be restricted to serving their underlying purpose of preserving the status quo and preventing irreparable harm just so long as is necessary to hold a hearing, and no longer.” Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers Local No. 70 of Alameda Cnty, 415 U.S. 423, 439 (1974).

III. ANALYSIS The declarations Plaintiff submitted in support of its Application for Temporary Restraining Order 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 the YETI Marks, and that the products Defendants are selling and promoting for sale are copies of Plaintiff’s products that bear copies of the YETI Marks.

B. Because of the infringement of the YETI Marks, Plaintiff is likely to suffer immediate and irreparable injury if a temporary restraining order is not granted. It clearly appears from the following specific facts, as set forth in Plaintiff’s Complaint, Application for Temporary Restraining Order, and accompanying declarations on file, that immediate and irreparable loss, damage, and injury will result to the Plaintiff and to consumers before Defendants can be heard in opposition unless Plaintiff’s request for ex parte relief is granted: 1. Defendants own or control commercial Internet websites operating under their Subject Domain Names which advertise, promote, offer for sale, and sell products bearing and/or using counterfeit and infringing trademarks in violation of Plaintiff’s rights; 2. There is good cause to believe that more counterfeit and infringing products bearing and/or using 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; and 3. There is good cause to believe that if Plaintiff proceeds on notice to the Defendants on this Application for Temporary Restraining Order, Defendants can easily and quickly transfer or modify domain registration data and content, change payment accounts, redirect consumer traffic to other domain names and transfer assets and ownership of the Subject Domain Names, thereby thwarting Plaintiff’s ability to obtain meaningful relief.

C. The balance of potential harm to Defendants in restraining their trade in counterfeit and infringing branded goods if a temporary restraining order is issued is far outweighed by the potential harm to 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 temporary restraining order to protect Plaintiff’s trademark interests and protect the public from being defrauded by the palming off of counterfeit products 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 YETI 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)); and 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.

IV. CONCLUSION Accordingly, after due consideration, it is ORDERED AND ADJUDGED that Plaintiff’s Application for Temporary Restraining Order, ECF No. [7] 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 temporarily restrained as follows: a. From manufacturing, importing, advertising, promoting, offering to sell, selling, distributing, or transferring any products bearing and/or using the YETI Marks, or any confusingly similar trademarks, other than those actually manufactured or distributed by the Plaintiff; and b. From secreting, concealing, destroying, selling off, transferring, or otherwise disposing of: (i) any products, not manufactured or distributed by the Plaintiff, bearing and/or using the YETI 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 YETI 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 the use of the YETI Marks or any confusingly similar trademarks, on or in connection with all Internet websites owned and operated, or controlled by them, including the Internet websites operating under the Subject Domain Names; (3) Each Defendant, its officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with any Defendant having notice of this Order shall immediately discontinue the use of the YETI Marks, or any confusingly similar trademarks within domain name extensions, metatags or other markers within website source code, from use on any webpage (including as the title of any web page), from any advertising links to other websites, from search engines’ databases or cache memory, and any other form of use of such terms that are visible to a computer user or serves to direct computer searches to Internet websites registered, owned, or operated by any Defendant, including the Internet websites operating under the Subject Domain Names; (4) Each Defendant shall not transfer ownership of the Subject Domain Names during the pendency of this action, or until further order of the Court; (5) Each Defendant shall preserve copies of all computer files relating to the use of any of the Subject Domain Names and shall take all steps necessary to retrieve computer files relating to the use of the Subject Domain Names that may have been deleted before the entry of this Order; (6) Upon Plaintiff’s request, the privacy protection service for any of the Subject Domain Names for which the registrant uses such privacy protection service to conceal the registrant’s identity and contact information is ordered to disclose to Plaintiff the true identities and contact information of those registrants; (7) After Plaintiff’s counsel has received confirmation from the financial institutions regarding the funds restrained as directed herein, Plaintiff shall provide a copy of the Order by e- mail to the registrar of record for each of the Subject Domain Names. Upon receipt of the Order, the registrars of record for the Subject Domain Names shall immediately lock the Subject Domain Names; shall notify the registrant of record of the Order; and shall provide notice of the locking of the domain name to the registrant of record. After providing such notice to the registrars so the domain names may be locked, Plaintiff shall also provide notice and a copy of this Order to the registrant for the Subject Domain Names via e-mail to the e-mail addresses provided as part of the domain registration data for the Subject Domain Names identified in the Application for Temporary Restraining Order. If an e-mail address was not provided as part of the domain registration data for a Subject Domain Name, Plaintiff shall provide notice and a copy of this Order to the operators of the Internet websites via an onsite e-mail address and/or online submission form provided on the Internet website operating under such Subject Domain Names. Forty-eight (48) hours after e-mailing this Order to the registrars of record and the registrants, Plaintiff shall provide a copy of this Order to the registrars and the registries for the Subject Domain Names for the purposes described in Paragraph 8, below; (8) The domain name registrars for the Subject Domain Names shall immediately assist in changing the registrar of record for the Subject Domain Names to a holding account with a registrar of Plaintiff’s choosing (the “New Registrar”), excepting any such domain names which such registrars have been notified in writing by Plaintiff has been or will be dismissed from this action, or as to which Plaintiff has withdrawn its request to immediately transfer such domain names. To the extent the registrars do not assist in changing the registrars of record for the domains under their respective control within one (1) business day of receipt of this Order, the top-level domain (TLD) registries, for the Subject Domain Names, or their administrators, including backend registry operators or administrators, within five (5) business days of receipt of this Order, shall change, or assist in changing, the registrars of record for the Subject Domain Names to a holding account with the New Registrar, excepting any such domain name which such registry has been notified in writing by Plaintiff has been or will be dismissed from this action, or as to which Plaintiff has withdrawn its request to immediately transfer such domain name. Upon the change of the registrars of record for the Subject Domain Names, the New Registrar will maintain access to the Subject Domain Names in trust for the Court during the pendency of this action. Additionally, the New Registrar shall immediately institute a temporary domain name redirection which will automatically redirect any visitor to the Subject Domain Names to the following Uniform Resource Locator (“URL”) http://servingnotice.com/yr6ain/index.html, whereon copies of the Complaint, this Order, and all other documents on file in this action are displayed. Alternatively, the New Registrar may update the Domain Name System (“DNS”) data it maintains for the Subject Domain Names, which link the domain names to the IP addresses where their associated websites are hosted, to NS1.MEDIATEMPLE.NET and NS2.MEDIATEMPLE.NET, which will cause the domain names to resolve to the website where copies of the Complaint, this Order, and all other documents on file in this action are displayed. After the New Registrar has effected this change, the Subject Domain Names shall be placed on lock status by the New Registrar, preventing the modification or deletion of the domains by the New Registrar or Defendants; (9) Upon receipt of notice of this Order, the Defendants and all financial institutions, payment processors, banks, escrow services, money transmitters, or marketplace platforms, including but not limited to, PayPal, Inc. (“PayPal”), and their related companies and affiliates shall (i) immediately identify and restrain all funds in all financial accounts and/or sub-accounts associated with the Internet websites operating under the Subject Domain Names, PayPal 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; and (iii) restrain the transfer of all funds, as opposed to ongoing account activity, held or received for their benefit or to be transferred into their respective financial accounts, and any other financial accounts tied thereto; and (iv) immediately divert those restrained funds to a holding account for the trust of the Court; (10) Upon receipt of notice of this Order, the Defendants and all financial institutions, payment processors, bank, escrow services, money transmitters, or marketplace platforms receiving notice of this Order, including but not limited to, PayPal and their related companies and affiliates, shall further, within five business days of receiving this Order, provide 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. Such restraining of the funds and the disclosure of the related financial institution account information shall be made without notice to the account owners or the financial institutions until after those accounts are restrained. No funds restrained by this Order shall be transferred or surrendered by any financial institution, payment processor, bank, escrow service, money transmitter, or marketplace website, including but not limited to, PayPal, and their related companies and affiliates for any purpose (other than pursuant to a chargeback made pursuant to their security interest in the funds) without the express authorization of this Court; (11) This Order shall remain in effect until the ruling on Plaintiff’s Motion for Preliminary Injunction, or until such further dates as set by the Court or stipulated to by the parties; (12) This Order shall apply to the Subject Domain Names, associated websites, and any other domain names, websites or financial accounts which are being used by the Defendants for the purpose of counterfeiting the YETI Marks and/or unfairly competing with Plaintiff; (13) Any Defendant or financial institution account holder subject to this Order may petition the Court to modify the asset restraint set out in this Order; (14) As a matter of law, this Order shall no longer apply to any Defendant or associated e-commerce store dismissed from this action, or as to which Plaintiff has withdrawn its request for a temporary restraining order; (15) Pursuant to 15 U.S.C. § 1116(d)(5)(D) and Federal Rule of Civil Procedure 65(c), the Plaintiff shall post a bond in the amount of Ten Thousand Dollars and Zero Cents ($10,000.00), as payment of damages to which Defendants may be entitled for a wrongful injunction or restraint, during the pendency of this action, or until further Order of the Court. In the Court’s discretion, the bond may be subject to increase should an application be made in the interest of justice; (16) A hearing is set before this Court via Zoom video conference on October 12, 2021, at 1:00 p.m., at which time the Defendants and/or any other affected persons may challenge the appropriateness of this Order and move to dissolve the same and at which time the Court will hear argument on Plaintiff’s requested preliminary injunction. The link to join is https://www.zoomgov.com/j/1608306716?pwd=UmVrclRhUkJEWEhDZUdqZXpnZVFvdz 09. Alternatively, the Meeting ID is 160 830 6716, and the Passcode is 079391. (17) After Plaintiff’s counsel has received confirmation from the financial institutions regarding the funds restrained as directed herein, Plaintiff shall serve a copy of the Complaint, the Application for Temporary Restraining Order, and this Order on each Defendant by e-mail via their corresponding e-mail address and/or online contact form or other means of electronic contact provided on the Internet websites operating under the Subject Domain Names, or by providing a copy of this Order by e-mail to the registrar of record for each of the Subject Domain Names so that they, in turn, notify each Defendant of the Order, or by other means reasonably calculated to give notice which is permitted by the Court. In addition, Plaintiff shall post a copy of the Complaint, the Application for Temporary Restraining Order, this Order, and all other documents filed in this action on the website located at http://servingnotice.com/yr6ain/index.html6 and shall provide the address to the website to the Defendants via e-mail/online contact form, and such notice so given shall be deemed good and sufficient service thereof. Plaintiff shall continue to provide notice of these proceedings and copies of the documents on file in this matter to the Defendants by regularly updating the website located at http://servingnotice.com/yr6ain/index.html, or by other means reasonably calculated to give notice which is permitted by the Court; (18) 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 financial institutions, payment processors, banks, escrow services, and money transmitters, including but not limited to PayPal, and their related companies and

6 In this Circuit, Rule 65 has been interpreted to require that a party have notice of the motion and hearing; perfecting service on a defendant is not a prerequisite to the entry of a preliminary injunction order. See Corrigan Dispatch Co. v. Casa Guzman, S.A., 569 F.2d 300, 302 (5th Cir. 1978); Diamond Crystal Brands, Inc. v. Wallace, 531 F. Supp. 2d 1366, 1370-71 (N.D. Ga. 2008).

Case No. 21-cv-62008-BLOOM/Valle affiliates shall, at Plaintiff's request, provide Plaintiff's counsel with any e-mail address known to be associated with the Defendants’ respective Subject Domain Names; (19) Any response or opposition to Plaintiffs Motion for Preliminary Injunction must be filed and served on Plaintiffs counsel forty-eight (48) hours prior to the hearing set for October 12, 2021, at 1:00 p.m., and filed with the Court, along with Proof of Service. Plaintiff shall file any Reply Memorandum twenty-four (24) hours prior to the hearing set for October 12, 2021, at 1:00 p.m. The above dates may be revised upon stipulation by all parties and approval of this Court. Defendants are on notice that failure to appear at the hearing may result in the imposition of a preliminary injunction against them pursuant to 15 U.S.C. § 1116(d), The All Writs Act, 28 U.S.C. § 1651(a), Federal Rule of Civil Procedure 65, and this Court’s inherent authority.

The Clerk shall file this Order under seal until further order of the Court.

DONE AND ORDERED in Chambers at Miami, Florida, on September 28, 2021.

UNITED STATES DISTRICT JUDGE Copies to: Counsel of record

SCHEDULE “A” DEFENDANTS BY NUMBER, SUBJECT DOMAIN NAME, MERCHANT ID, FINANCIAL ACCOUNT AND E-MAIL ADDRESS Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address [email protected] yetidiscount.store MERVINBAIR HBKEDPFF3T2A4 [email protected] [email protected] yetibox.store 4TGXGERQR3QQ8 [email protected] yetibrand.shop MERVINBAIR UCLDUMU6TZF3J [email protected] yeticooleronline.store MERVINBAIR [email protected] yeticoolersus.store MERVINBAIR HBKEDPFF3T2A4 [email protected] yetionline.store MERVINBAIR HBKEDPFF3T2A4 [email protected] yetionlinediscount.shop MERVINBAIR [email protected] yetioutdoorbox.store MERVINBAIR HBKEDPFF3T2A4 [email protected] HBKEDPFF3T2A4 yetioutdoors.online MERVINBAIR A48WJYRY69NTU [email protected] yetioutdoors.store MERVINBAIR HBKEDPFF3T2A4 [email protected] yetius.club MERVINBAIR HBKEDPFF3T2A4 [email protected] VPWXYV7U8VPUQ Futeng llc 9ZMHS844U3DEE Xiaoyue llc Q85J6JJMK8T8C [email protected] trswme.com Qiliang llc 6KP9NFJP3CL5Q [email protected] TP4G6RNND7U9S GZTGBS9HLP9WS Maozai llc 3G8ZWE7PK6V8S aajon.com YOUBAI LLC 2AVUGMS9R9K5S [email protected] 54SBLHJG6MC2A Weiban llc CUYSPTZYHL888 aomcws.com Wusan llc GW7NQZAJN2QNQ [email protected] RWS9W8V9X8BPN aozsci.com Yaoding llc 8ZJ7D6PGRRZSE [email protected] TP4G6RNND7U9S bsolk.com Maozai llc 2AVUGMS9R9K5S [email protected] RWS9W8V9X8BPN dwbipe.com Yaoding llc 8ZJ7D6PGRRZSE [email protected] TWWF3V24GY93L foybc.com Xiyan llc 2NCRHK48N9YCE [email protected] TWWF3V24GY93L ifvnf.com Xiyan llc 2NCRHK48N9YCE [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address TP4G6RNND7U9S narkbt.com Maozai llc 2AVUGMS9R9K5S [email protected] 2NCRHK48N9YCE ncdpz.com Zhimeng llc 2NCRHK48N9YCE [email protected] TP4G6RNND7U9S nsbake.com Maozai llc 2AVUGMS9R9K5S [email protected] TWWF3V24GY93L obnqo.com Xiyan llc 2NCRHK48N9YCE [email protected] RWS9W8V9X8BPN ocaite.com Yaoding llc 8ZJ7D6PGRRZSE [email protected] 54SBLHJG6MC2A ogpfj.com Weiban llc GW7NQZAJN2QNQ [email protected] 54SBLHJG6MC2A Weiban llc CUYSPTZYHL888 onceut.com Wusan llc GW7NQZAJN2QNQ [email protected] Maozai llc TP4G6RNND7U9S otwnuc.com YOUBAI LLC 2AVUGMS9R9K5S [email protected] Q85J6JJMK8T8C Xiaoyue llc XWGY5NFECJE3U ouecan.com Zezhi llc 9ZMHS844U3DEE [email protected] TWWF3V24GY93L Xiyan llc RWS9W8V9X8BPN supoie.com Yaoding llc 8ZJ7D6PGRRZSE [email protected] TWWF3V24GY93L toaskz.com Xiyan llc 8ZJ7D6PGRRZSE [email protected] TP4G6RNND7U9S ugfav.com Maozai llc 2AVUGMS9R9K5S [email protected] TWWF3V24GY93L wceisu.com Xiyan llc 8ZJ7D6PGRRZSE [email protected] TP4G6RNND7U9S wcumir.com Maozai llc 2AVUGMS9R9K5S [email protected] 54SBLHJG6MC2A wusoem.com Weiban llc LP42WLXL6UUTC [email protected] Q85J6JJMK8T8C yzxsi.com Xiaoyue llc 9ZMHS844U3DEE [email protected] 54SBLHJG6MC2A ziweps.com Weiban llc LP42WLXL6UUTC [email protected] 3G8ZWE7PK6V8S zmecuo.com YOUBAI LLC 2AVUGMS9R9K5S [email protected] YN9XXTVUYCSLQ zylqc.com Songlian llc 9ZMHS844U3DEE [email protected] Jinxiu llc 历城区端若百 4EREAZU7CJBJC xwtzt.com 货店 8FU8BHQ52G4E4 [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address tncxib.com Haoyu llc XWKTHWGG3N3CE [email protected] eozas.com LUONU LLC 2EVDC7SBL6QQA [email protected] [email protected] fnwkq.com Yuji llc YUKQ7UJX8VJEN [email protected] umtnx.com Yuji llc YUKQ7UJX8VJEN [email protected] knprvo.com Chengfu llc EKLAAFSH3VGTW [email protected] 北京故宫文化 [email protected] loven.shop 创意有限公司 B78BFJ5P6752Q [email protected] [email protected] lullriaby.com N69532YFNZABU [email protected] [email protected] moriling.shop N69532YFNZABU [email protected] [email protected] shevme.com CBVECY4ZNLP94 [email protected] [email protected] imaginetime.shop PK7HSXQJHUFVC [email protected] [email protected] live-oak.shop PK7HSXQJHUFVC [email protected] [email protected] long-view.shop PK7HSXQJHUFVC [email protected] [email protected] miraclelovely.com PK7HSXQJHUFVC [email protected] [email protected] snipehappy.com PK7HSXQJHUFVC [email protected] [email protected] your-love.shop PK7HSXQJHUFVC [email protected] just-right.shop PK7HSXQJHUFVC [email protected] [email protected] paralovely.com PK7HSXQJHUFVC [email protected] Shanghai Fanhui [email protected] yt.jicwo.shop Bonsai CoLTD AHHTDKSBL2VN4 [email protected] [email protected] dteqpe.shop QKELYPN4VCPT2 [email protected] Shanghai Fanhui yt.hefiw.shop Bonsai CoLTD AHHTDKSBL2VN4 [email protected] Shanghai Fanhui yt.hywwn.shop Bonsai CoLTD AHHTDKSBL2VN4 [email protected] Shanghai Fanhui yt.smduu.shop Bonsai CoLTD AHHTDKSBL2VN4 [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address Tonggu Hui Xie Hua Department sywzjb.shop Store LS9PSG7PHC6LE [email protected] Tonggu Hui Xie Hua Department bkjtai.shop Store LS9PSG7PHC6LE [email protected] Guangzhou Ailey Technology wjrfxo.shop CoLTD 3DBZMG4EAQ9H2 [email protected] C9JXKBMRCLVRG Dusi llc 9ZMHS844U3DEE [email protected] iwetnz.com Naqi llc 9S87WR96N34UN [email protected] 9S87WR96N34UN mzucoe.com Naqi llc 9ZMHS844U3DEE [email protected] NJ6HRLPMF6R7J [email protected] mtaesn.com Tianshi llc VLQXT9C8CFJQC [email protected] 岳阳县侑迪百 LCMJR8N3F7W2L nwhvp.com 货店 2AVUGMS9R9K5S [email protected] 38YNPHGGHEVSY rmskv.com Chaoyue llc VLQXT9C8CFJQC [email protected] 历城区端若百 货店 losgv.com Feishi llc VTKMUDXUX5JYW [email protected] okneb.com Manyue llc YXBWS3HCLDXTQ [email protected] [email protected] crush-you.shop CS9G6AGAFGYLN [email protected] [email protected] dream-lover.shop CS9G6AGAFGYLN [email protected] [email protected] sincerely-friends.shop CS9G6AGAFGYLN [email protected] Shanghai Jiangxian Network Technology Co yt.atknyi.shop LTD WTXYQRED7HRBU [email protected] Shanghai Jiangxian Network Technology Co WTXYQRED7HRBU [email protected] yt.rurxhv.shop LTD PPZNY49R26B5N [email protected] Shanghai Jiangxian yt.uomkhy.shop Network WTXYQRED7HRBU [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address Technology Co LTD Shanghai Jiangxian Network Technology Co yt.xpivrh.shop LTD WTXYQRED7HRBU [email protected] NEIMENGGUS YX92S3YFNFCPL duoqea.com H LTD YE9AZU2EX6BQY [email protected] SHAJIJIEJIE DY2Z2X3FZ5USG qucnc.com LTD FP28DPC6RB6MU [email protected] boudfd.shop Zhenghui llc PDJ38Z3W2K82L ncasls.shop Zhenghui llc PDJ38Z3W2K82L 海宁市丁桥镇 [email protected] eootop.com 秀凝服饰商行 NNV2KKVBSN8QC [email protected] hasika.shop Datong llc GAENY3VR4MKVG [email protected] 安徽方元电子 [email protected] softkudos.com 商务有限公司 PVJY6RH8MAFJE [email protected] TQEZNH34JQ4X6 [email protected] ygonmall.com JNRMNJ54MNGQU [email protected] [email protected] [email protected] avhonda.com JTG82R82Q4X32 [email protected] Online Store [email protected] TANA [email protected] cconline.top HERNANDEZ FGQAQ3VB6XYMU [email protected] Last day low 8YABAPULMZLDC chgong.shop price promotion 2NHTGV8LZFWUG [email protected] 4SRVQD43DKFX6 [email protected] moon.lay-tw.top Leslie Marks 7BSBGXC7GJA4N [email protected] 3594 chemin S7L5R5SUQKSZ8 Georges N4WG62PKRD7R6 caitlyn miller QFYSHUV9FQ2LW Carly Backen Q2LFV7Q67NFQA Barry Chappell SR2CASBAM6BB4 Theola Lee KQFK5XFTBJW6A Kayoung Kate G5DXGMXD8CZHJ Yoo 2A6FV37AWK46Y Peter Sampson TBKYZSRY2Z3MU Raneen Mazin YY2K5ZTQUW5D2 [email protected] Mona Lisa XEPCKQP75SQD6 [email protected] teti-store.com Belle Leong GXQKW38FWV9MA [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address Nadia Azmi 5ULSMR5YAQ948 Nanthini FG4C9CZPGGYRU Soyabalu DHKYTD4CVB9RE Christina Tan RHAXGG7ZT5BNA Suji Sujithra SQKXMQ482NWXE Azza Fatin LW3M3YG6YTNVJ Premalatha 5ZP44HVNN39GY Murugan KMC3T7LSCK6XJ Cherry Viernes VGJGW32CDFJRN Kagn Khoia ZQVM2WXZP7LKL Brandon chua 7BSBGXC7GJA4N Valerie Taylor [email protected] [email protected] hasal.buzz TZX6FAPKH9FSY [email protected] tespecifut.com TIANBO LLC QBVJAHY2N3UJ6 [email protected] Online Store / [email protected] walmarrt.shop QUANG PHAM UJGXE9UXXU3FN [email protected] Hubei Zhenying Electronic Technology Co., wingzoi.com Ltd. AWGGC622V84J6 [email protected] poceters.tw [email protected] yeticooler.store [email protected] miniyeticooler.top [email protected] outletyeti.com [email protected] [email protected] yetishoping.com [email protected] [email protected] yetishopps.com [email protected] yetiecooler.com yeticoolerusa.com yetishopuk.com [email protected] yetiuscoolers.com [email protected] nayeti.top [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address [email protected] nayetisales.site [email protected] [email protected] nayetishopsilo.club [email protected] [email protected] nayetisilo.club [email protected] [email protected] usyeti.club [email protected] [email protected] usyeti.top [email protected] [email protected] usyeticooler.club [email protected] [email protected] usyeticooler.shop [email protected] [email protected] usyeticooler.website [email protected] [email protected] usyeticoolers.club [email protected] usyeticoolerss.cc [email protected] [email protected] usyetisales.site [email protected] [email protected] usyetishop.club [email protected] [email protected] usyetishops.site [email protected] [email protected] usyetishops.top [email protected] yetiai.shop [email protected] [email protected] yeticooler.site [email protected] [email protected] yeticoolersale.club [email protected] [email protected] yeticoolersale.online [email protected] [email protected] yeticoolersale.website [email protected] [email protected] yeticoolersales.cc [email protected] [email protected] yeticoolersales.website [email protected] [email protected] yeticoolershop.cc [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address [email protected] yeticoolerssales.cc [email protected] [email protected] yeticoolerssales.shop [email protected] yeticoolerssales.site [email protected] [email protected] yeticteeys.cc [email protected] [email protected] yetiinsale.cc [email protected] [email protected] yetiinstore.cc [email protected] yetimx.shop [email protected] [email protected] yetionlinee.cc [email protected] [email protected] yetionlinel.cc [email protected] [email protected] yetionlinett.cc [email protected] [email protected] yetisale.cc [email protected] [email protected] yetisalede.cc [email protected] [email protected] yetisalelk.cc [email protected] [email protected] yetisaler.cc [email protected] [email protected] yetisaleus.club [email protected] [email protected] yetisaleus.website [email protected] [email protected] yetishopti.cc [email protected] [email protected] yetishopto.cc [email protected] [email protected] yetistorell.cc [email protected] [email protected] yetistoretu.cc [email protected] [email protected] yetisueusd.cc [email protected] [email protected] yetitosale.cc [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address [email protected] yetitravel.top [email protected] yetitt.top [email protected] [email protected] yetiusale.online [email protected] [email protected] yetiusale.shop [email protected] [email protected] yetiuscooler.cc [email protected] [email protected] yetiuscoolers.cc [email protected] [email protected] yetiuscoolers.website [email protected] [email protected] yetiusonl.site [email protected] [email protected] yetiussales.online [email protected] [email protected] yetiussales.website [email protected] [email protected] yetiussaless.online [email protected] [email protected] yetiww.cc [email protected] yetiyeti.shop [email protected] yetiyeti.top [email protected] [email protected] yetiyour.cc [email protected] yetiys.shop [email protected] [email protected] yetiyy.top [email protected] yyetti.top [email protected] bhjas.buzz [email protected] boxshop.top [email protected] fashbag.store [email protected] ferula.top [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address findli.top [email protected] goupup.top [email protected] homai.buzz [email protected] jkwis.buzz [email protected] kongzi.best [email protected] laozi.shop [email protected] luisr.top [email protected] luxun.shop [email protected] lywdas.top [email protected] mountaim.top [email protected] nuona.shop [email protected] nzlis.buzz [email protected] ousala.top [email protected] outdoorcc.shop [email protected] outdoorct.shop [email protected] outdoormn.shop [email protected] outdoorpz.shop [email protected] outdoorqv.shop [email protected] outdoorts.shop [email protected] outdoorxs.shop [email protected] outdoorz.shop [email protected] qassd.top [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address uijsa.top [email protected] [email protected] usyiout.top [email protected] yeuaot.top [email protected] yirsa.top [email protected] yttrt.top [email protected] nisaw.buzz [email protected] lfindmall.com [email protected] lgirlmall.com [email protected] ngsee.com [email protected] dguaao.com [email protected] ibotme.com [email protected] azescb.com [email protected] bomswy.com [email protected] bteknv.com [email protected] dwgivo.com [email protected] ibaedm.com [email protected] iceknd.com [email protected] igumos.com [email protected] ikegcv.com [email protected] iunsw.com [email protected] izwcm.com [email protected] kzwdtm.com [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address nmbczt.com [email protected] ocswmz.com [email protected] oifys.com [email protected] puzdr.com [email protected] temwsi.com [email protected] tkdoci.com [email protected] tnabke.com [email protected] treobn.com [email protected] tznio.com [email protected] vwgec.com [email protected] wbcasy.com [email protected] weikvu.com [email protected] wlnaq.com [email protected] xzuac.com [email protected] zmtuo.com [email protected] zrkwt.com [email protected] ztemyw.com [email protected] bikosw.com [email protected] bzitva.com [email protected] keysnb.com [email protected] kzmwiu.com [email protected] mzowsa.com [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address ybkoet.com [email protected] wbomyt.com [email protected] dwzumt.com [email protected] enmtw.com [email protected] hseyl.com [email protected] imwxe.com [email protected] kmnbts.com [email protected] mckabz.com [email protected] nozmwa.com [email protected] ogzwti.com [email protected] rkiys.com [email protected] smtnaw.com [email protected] swxtz.com [email protected] cotneb.com [email protected] eobtnz.com [email protected] meuxt.com [email protected] tvczkn.com [email protected] uateo.com [email protected] unokwm.com [email protected] uovktg.com [email protected] uwtvei.com [email protected] wfgvc.com [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address zbwmea.com [email protected] zkditn.com [email protected] blueereen.com [email protected] dissmanne.com [email protected] outdoorb.shop [email protected]; [email protected] [email protected] outdoorkn.shop [email protected] outdoorhm.shop [email protected] all-love.shop [email protected] argsaret.com [email protected] coolerss.cc dylei.shop discountel.club [email protected] fooutdoor.com [email protected] hibernier.com hywwn.shop [email protected] jinchuan22.com mitduc.com [email protected] nxbjyy.com outdoornc.shop salediscount.club [email protected] shopifyy.site swoarey.com [email protected] Def. Defendant / Financial Account Information / Payee Merchant ID No. Subject Domain E-mail Address tikrb.top [email protected] [email protected] tsun.run [email protected] vdscxsd.xyz [email protected] watchatjoy.com watcheckle.com