govinfo:USCOURTS-flsd-1_25-cv-25593-0

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 25-cv-25593-174M
ALBION BRAND FOUNDRY LTD,
PlaintZ
THE PARIXERSHIP ,s I.lxrlqcoltpouAn'so
Assoclv loxs IOEkTIFIED ox scusoucE A,
Defendants.
ORDER GM NTING PLAINTIFF'S
EXPARTE APPLICATION FOR ENTRY OF TEMPOM RY RESTRAINING ORDER
THIS CAUSE is before the Court upon Plaintiff's Ex Parte Application for Entry of
Temporary Restraining Order and Order Restraining Transfer of Assets (the tWpplication for
Temporaly Restraining Order'' or GWpplication'') ECF No. g7q. The Court has carefully considered
the Application for Temporaly Restraining Order, the record in this case, the applicable law, and
is otherwise fully advised. For the following reasons, Plaintiff's Application is GRANTED.
By the instant Application, Plaintiff moves exparte pursuant to 15 U.S.C. j 11 16, Federal
Rule of Civil Procedure 65, The All Writs Act, 28 U.S.C.j 1651(a), .and this Court's inherent
authority, for entry of a temporary restraining order and an order restraining the financial accolmts
allegedly used by Defendants in violation of the Lanham Act, 15 U.S.C. jj 1114. Because Plaintiff
has satisfied the requirements for the issuance of a temporary restraining order, the Court grants
Plaintiff's Application for Temporaty Restrairting Order.
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Factual Background
The following factual background is taken from Plaintiff's Complaint, ECF No. g1), the
Application, and supporting evidentiary submissions and exhibits.
Plaintiff is the owner of the federally registered trademark CCOCC (referred herein
phonetically as the ECCCOCC'' mark) tmder U.S.Trademark Registration No. 6,314,523. See
Exhibit 1, ECF No. (7-1q; see also Decl. of Zhang, ECF No. 7-3, !31. The CCOCC mark is used
in connection with office stationery, decals, paintings, stationery cases, writing instruments, hand
towels of paper, money clips, and related products. 1d.
Defendants, through intemet-based e-commerce stores operating under their seller aliases
identified on Schedule A attached herewith, have advertised, prohloted, offered for sale, or sold
infmingement products using the CCOCC mark. See Decl. of Zhang, ECF No. (7-3, !!9-122. Based
on the infringing evidence provided by Plaintiff ECF Nos. (7-44, lGEach Defendant directly targetgsj
business activities toward consumers in the United States, including Florida, through their fully
interactive e-commerce platforms.'' See Decl. of Zhang, ECF No. 7-3, 159-124. Further, Plaintiff
has tGnot licensed or authorized these Defendants to use the CCOCC mark, and none of the
Defendants are authorized retailers of genuine CCOCC Products.'' f#. :13.
Fudher, counsel for Plaintiff has Itreviewed the images and product description displayed
on the websites, including the domain nnme, the product listing, the product information, and
detailed seller information of each seller identified on Schedule A and has determined Githat
Defendants are promoting, advertising, offering for sale, and/or selling identical hair pin products
using the CCOCC mark, without authorization, via Internet-based e-commerce stores operating
under the jeller names identified on Schedule A.'' See Decl! of Palmer ECF No. (7-2, !2j. Further,
Glgaqfter reviewing the infringing evidence,'' cotmsel for Plaintiff also believes that GEit is apparent
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that the activities of the sellers identified in Schedule A are consistent with the general patterns of
online cotmterfeiting activities.'' fJ. !4.
II. Legal Standard
In order to obtain a temporary restraining order, a party must demonstrate 1G(1) gthere isj a
substantial likelihood of success on the merits; (2) that ilzeparable injury will be suffered if the
relief is not granted; (3) that the threatened injtuy outweighs the harm the relief would intlict on
the non-movant; and (4) that the entry of the relief would serve the public interest.'' Schiavo ex.
re1 Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (1 1th Cir. 2005). 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 gandj
(B) the movant's attolmey 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). .A.n Ex Parte temporary restraining orders Glshould be restricted to
serving their tmderlying purpose of presetwing the status quo and preventing il'reparable harmjust
so long as is necessary to hold a hearing, and no longer.'' Granny Goose Foods, Inc. v. Bhd. of
Teamsters & Auto TruckDrivers L ocal No. 70, 415 U.S. 423, 439 (1974).
111. Discussion
The declarations Plaintiff submitted in suppol't of its Application support the following
conclusions of law:
Plaintiff has a strong probability of proving at trial that consumers are likely to be confllsed
by Defendants' advertisement, promotion, sale, offer for sale, and/or distribution of goods bearing
and/or using counterfeits, reproductions, or colorable imitations of the CCOCC mark, and that the
products Defendants are selling and promoting for sale are copies of the Plaintiff's products that
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bear and/or use copies of the CCOCC mark, and that the infringement of the CCOCC mark, is
likely to cause Plaintiff to suffer immediate and irreparable injtu.y if a temporary restraining order
is not granted.
The following specific facts, as set forth in Plaintiff s Complaint, Application, and
accompanying declarations, demonstrate that immediate and irreparable loss, damage, and injury
will result to Plaintiff and to consumers before Defendants can be heard in opposition tmless
Plaintiff's request for exparte relief is granted:
Defendants own or control e-commerce stores operating tmder their stores
aliases which advertise, promote, offer for sale, and sell products bearing and/or using counterfeit
and infringing trademarks in violation of Plaintiff s l'ights;
There is good cause to believe that more cotmterfeit and inginging products
bearing and/or using Plaintiff's trademarks will appear in the
There is good cause tobelieve that if Plaintiff proceeds on notice to
Defendants of this Motion for Temporary Restraining Order, Defendants can easily and quicldy
change the ownership or modify their e-commerce stores registration and account data and content,
change payment accounts, redirect consumer traffic to other online stores, and transfer assets and
ownership of the online stores, thereby thwaz-ting Plaintiff's ability to obtain menningful relief.
The balance of potential harm to Defendants in restraining their trade ill counterfeit and
infringing branded goods if a temporary restraining ordçr is issued is far outweighed by the
potential hnrm to Plaintiff, its reputation, and its goodwill as a manufacturer and distributor of
quality products if such relief is not issued.
The public interest favors issuance of the temporary restraining order to protect Plaintiff's
trademark interests, to encourage rçspect for the law, to facilitate the invention and development
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of innovative products, and to protect the public from being defrauded by the illegal sale of
counterfeit goods.
Under 15 U.S.C. j 11 17(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 infdngements of the CCOCC mark. See Reebok Int 'l, faf/ v. Marnatech Enters.,
Inc., 970 F.2d 552, 559 (9th Cir. 1992) (quoting Fuller frâfs'/z Prods. Co. v. Fuller Brush Co., 299
F.2d 772, 777 (7th Cir. 1962) (C1A.ll accounting of profits under j 1 1 17(a) is not synonymous with
an award of monetaly damages: ( gaqn accounting for profits . . . is an equitable remedy subject to
the principles of equi'ty.''')).
Requesting equitable relief (Ginvokes the district court's inherent. equitable powers to order
preliminary relietl including an asset freeze, in order to assure the availability of permanent relief.''
f evi Strauss & Co. v. Sunrise Intern. Trading, Inc. 51F.3d 982, 987 (11th Cir. 1995)(citing
Federal Trade Commission v. United States Oil t:t Gas Corp., 748 F.2d 1431, 1433-34 (11th Cir.
1984(9.
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-gotlen assets beyond the jurisdiction of this Coul't
llnless those assets are restrained.
lV. Conclusions of Law
Accordingly, upon due consideration of Plaintiff s Complaint, Application, and supporting
evidentiary submissions, it is hereby ORDERED AND ADJUDGED that Plaintiff's Application,
ECF No. g7q, is GRANTED, tmder the terms set fol'th below:
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1. Defendants, their affiliates, officers, agents, servants, employees, attorneys,
confederates, and a11 person acting for, with, by, through, under or in active concert
with them are temporarily enjoined and restrained from:
a. using Plaintiff s CCOCC mark or any reproductions, counterfeit copies or
colorable imitations thereof in any mnnner in connection with the distribution,
marketing, advertising, offering for sale, or sale of any product that is not a
genuine CCOCC product or not authorized by Plaintiff to be sold in connection
with Plaintiff s CCOCC mark;
b. passing oftl inducing, or enabling others to sell or pass off any product as a
genuine CCOCC product or any other product produced by Plaintiff, that is not
Plaintiff s or not produced tmder the authorization, control or supervision of
Plaintiff and approved by Plaintiff for sale under Plaintiff s CCOCC mark;
committing any acts calculated to cause consumers to believe that Defendants'
products are those sold under the authorization, control or supelwision of Plaintifll
or are sponsored by, approved by, or otherwise cormected with Plaintiff',
f'urther infringing Plaintiff s CCOCC mark and/or dnmaging PlaintiY s goodwill,
otherwise competing unfairly with Plaintiff in any mnnner; and/or
shipping, delivering, holding for sale, transferring or otherwise moving, storing,
distributing, retmming, or otherwise disposingof, in any manner, products or
inventory not manufactured by or for Plaintiff, nor authorized by Plaintiff to be
sold or offered for sale, and which bear Plaintiff s CCOCC trademark or any
reproductions, cotmterfeit copies or colorable imitations thereof.
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Defendants and any person in active concert or padicipation with them who have acmal
notice of this Order shall be temporarily restrained and enjoined f'rom tTansferring or
disposing of any money or other of Defendants' assets lmtil further ordered by this Court.
Any third-party providers, including Paypal, Payoneer, and Walmat't, Inc. shall, within
two (2) business days of receipt of this Order, for any of Defendants or any of Defendants'
Online Marketplace Accotmts or websites:
locate a11 accounts and funds connected to Defendants, Defendants' Online
Marketplace Accounts or Defendants' websites, including, but not limited to, any
financial accounts connected to the information listed in Schedule A attached hereto
and any email addresses provided for Defendants by third parties; and
restrain and enjoin any such accounts or funds from transferring or disposing of
money or any other assets belonging to Defendants tmtil further ordered by this Court.
4. Ptlrsuant to 15 U.S.C. j 11 16(d)(5)(D) and Federal Rule of Civil Procedure 65(c), Plaintiff
shall post bond in the amount of $5,000.00 as payment of damages to which Defendants
may be entitled for a wrongful injtmction or restraint, dtlring the pendency of this action,
or until further Order of the Court. In the Cotu't's discretion, the bond may be subject to
increase in the interest of justice.
Any of Defendants subject to this Order may appear and move to dissolve or modify the
Order on two-days' notice to Plaintiff or on shorter notice as set by this Court.
6. Any Defendmlt or fmancial instimtion account holder subject to this Order may petition
the Court to modify the asset restraint set out in this Order.
This Order shall remain in effect for fourteen days from the date of this Order.
Case 1:25-cv-25593-FAM   Document 10   Entered on FLSD Docket 01/15/2026   Page 7 of 10
Plaintiff is DIRECTED to file a Motion for Ently of a Preliminary lnjunction no later than
January 30, 2026.
After Plaintiff s counsel has received confinzlation from the financial institutions
regarding the funds restrained as directed herein, Plaintiff shall setwe copies of the
Complaint, the Motion, 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 e-commerce stores operating under their store aliases, or by
providing a copy of this Order by e-mail to the registrar of record or marketplace website
for each of the e-commerce stores so that the registrar and marketplace website, in ttum,
notifies each Defendant of the Order, or by other means reasonably calculated to give
notice which is pennitted by the Court.In addition, Plaintiff shall post copies of the
Complaint, the Motion, and this Order, as well as all other documents sled in this action
on the website located at
hûpsr//cloud.paH erlawcroup.coe ldex.php/sr 4yxosHG r mr  and shall provide
the address to the website to Defendants via e-mail/olzline contact fol'm, and such notice so
given shall be deemed good and sufficient selwice thereof. Plaintiff shall continue to provide
notice of these proceedings and copies of the documents on file in this matter to Defendants
by regularly updating the website located at
https://cloud.palmerlawcroup.coH index.php/s/> 4vxosHxRo mr , or by other
means reasonably calculated to give notice which is permitted by the Court.
10. Additionally, for the purpose of providing additional notice of this proceeding, and al1
other pleadings, orders, and documents filed herein, the owners, operators and/or
administrators of the e-commerce stores and/or financial institutions, payment processors,
Case 1:25-cv-25593-FAM   Document 10   Entered on FLSD Docket 01/15/2026   Page 8 of 10
banks, escrow services, and money transmitters, and marketplace platforms, including but
not limited to, Paypal, Payoneer, and Walmalt lnc., and their related companies and
affiliates shall, at PlaintiY s request, provide Plaintiff s counsel with any e-mail address
known to be associated with Defendants' respective e-commerce stores.
DONE AND ORDERED in Miarni, Florida, on , 2026.
FEDE A. MORENO
IJNITED STATES DISTRICT JUDGE
Copies to: Counsel of Record
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Schedule A Defendants
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1 Xian-g-yuLi htt#s:'//- .walm> .co* g1obaFseller/101666089
j 1 -2 l GZCM Co.ytatd i, htps'.//- .walma=.coO g1oba1/sel1er/102917692
3 5m00th Crisp hdps'.//- .wa1ma=.coO g1oba1/sel1er/102906657
i Herise 1 hups'.//- .walmad.co*g1obal/sel1er/1028293164 j
5 Y ONG hûps.'//- .walmad.coO g1obal/seller/101661610
7 Find Yolzr Preference 1 l&ûps'.//- .wa1mad.coOglobal/se1ler/1025792306 I
7 Pine laûps'.//- .walmad.coo global/sellel'/loz8 10452
l YHGFVOKJ Clothing 1 hûps'.//- .wa1ma=.coHg1obal/se11er/1016648608 ?
9 Jlngmenshialcuoshangmao hû:s'.//- .wa1mad.coH xlobaFse11er/102746424.-..v-  . 
= ...- .$j' l -10 ) CD i hûps'.//- .walma=.coH g1oba1/se1ler/102922922
1 1 HUAERZIDIANZI hûpsJ'//- :walma=.co* global/se1ler/102748356
' dianzi 1 h=ps'.//- .wa1mM.coOglobal/seller/10275352712 j YSY-
13 HU1 K httpsr//www.walmartcc. 
o
.
m/
.gl.p. b..
a
..
1
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/s
.
eller/1 02768324
l b nNest l hdps'.//- .wa1m> .coH g1obal/seller/10271782914 1 Ur a j
15 Urbancrate hûps'.//- .wal1%ad.coH :1?ba1/seller/102651366
r i - - ' - '16 j Zhuen Home Mall j h=ps'.//- .wa1ma=.coO global/selle1'/102573532
17 lirongfu hûps'y//- nwa1ma=.co* g1obal/sel1er/102878241
'f l -- '18 i paweiod j hûps.'//- .wa1mad.coO globa1/seller/102875523
19 XuanYuBall-luo hûps..//- .wa1mad.co* globa1/se1ler/102897207
1 Zhoukai Clothing 1 hûps'.//- .walmad.co%g1oba1/se11er/10166503820 i
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