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Ideavillage Products Corp. v. 66668

United States District Court, S.D. New York

January 9, 2020

IDEAVILLAGE PRODUCTS CORP., Plaintiff
v.
666668, 13 BLOCKS, 1966HUSHUIJIN, 1988ORNAMENTS, ABCDEFGH, ACAIFENG258, ACERMALL, AILISIYY, AIQING, AKIZ, ALLLILI, ALWAYSLAST, ANPRO, ARUHENG, AZIMEOWSHOE, B5M, BADGUY, BAOSHUHUA, BB QUEEN, BEIJINGTIANSHUNJIAYEKEJIYOUXIANGONGSI, BEST SERVICE NO 1, BEST STOCK, BETTER LIVE TO, BETTER LIVING STORE, BNMSWRF, BOHAO, BOOMSHAKAWA, BOYUE7303, BRIDGETXIE, BUERSKY, CAPSENDLY, CCMY, CHANGSHASHIYINYUANYINSHIZHIPINYOUXI ANZERENGONGSI, CHENBINGHOUSE, CHENCHEN168, CHENDONGYANZAHUOPU, CHENYANG168, CHENYINDDD, CHENZIYU, CHONGZISHOP, CHUNGUANG, CQFABC, CQLSTORE, CYNTHIA STORE, CZYOUTH0201, DAMAIJIASHOP, DAPANGSTORE, DHYYOUTH0101, DHYYOUTH0103, DHYYOUTH0116, DHYYOUTH0124, DON'T BE A OLD WOMAN, DREM TREE STORE, DUANZEWANGLUO, E-COMMERCE CO., LTD. YONGJIA YONGTUO, EDELWEISSBLOOM, EGFERHJYTKIU, EKOSA STORE, FAFAYOU, FAMILY DENG, FENGYANQING STORE, FLYSPEED, FORTELANT, FRGTHYX, FULONGFEI123, FUSHANWJU, GEGESHICHENYKAIQOQ, GO GOU, GOGOLARRY, GOLDFIELD, GONGJIAHAO, GONGJIAHA0123, GORGEOUS GARDENS, GUANGZHOU TOTOP CO., LTD, GUOYATING, HAERBINGUCHICOLTD, HAININGJIESHENCOLTD, HAOHANZHIHAI, HAPPY SHOPPING HAPPY DAY, HEALTHY DRINKING WATER AND GOOD WATER, HESHUJING, HESPERIS, HGRUWIRIW00998, HNGCYOU0132, HNGCYOUTH0134, HOKAGE NINJIA, HOME KITCHEN CENTER 30, HOMEEE, HOP WITH YOUR FEELING, HUANGCHENCHEN33, HUANGYIKE, HUANXINMALL, JCUAN, JHAJSFBS, JIAHAOHOME, JIANGYANHOUSE, JIUGUIYIJIA, JOYTIME, JUSTYOURSTYLE, JUYONGYU147258, JXLHGUD, KAFEIJIU520, KARRIQIANGSU, KONGAIJU, KONHANI, LCY1213, LEADS0574, LEE FASHION, LENGCHANGFA, LIANGLIANG2019, LIDIAODIANSHANG, LIHONGFANS, LIQEE, LISEA, LITTJUN456, LIUCHENG2017, LIUWEI55, LIUXIAOLONG357, LIUZHONGXIAOKKSS, LIZHONGBIN and LONGOUSHANGMAO, Defendants

          Jason M. Drangel (JD 7204) Ashly E. Sands (AS 7715) Brieanne Scully (BS 3711) EPSTEIN DRANGEL LLP Attorneys for Plaintiff Ideavillage Products Corp.

          [PROPOSED] FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER

          COLLEEN MCMAHON UNITED STATES DISTRICT JUDGE

Terra

Definition

Docket Entry Number

Plaintiff or Ideavillage

Ideavillage Products Corp.

N/A

Defendants

666668, 13 Blocks, l966hushuijin, l988ornaments, abcdefgh, acaifeng258, Acermall, ailisiyy, aiqing, Aki_Z, allLiLi, Alwayslast, Anpro, aruheng, Azimeowshoe, b5m, BADGUY, baoshuhua, BB Queen, beijingtianshunjiayekejiyouxiangongsi, Best Service Nol, best stock, better live to, better living store, bnmswrf, BOHao, boomshakawa, boyue7303, Bridgetxie, buersky, capsendly, CCMY,

changshashiyinyuanyinshizhipinyouxianzerengongsi, chenbinghouse, chenchen168, chendongyanzahuopu, chenyangl68, chenyinDDD, Chenziyu, chongzishop, chun guang, cqfabc, CQLStore, Cynthia Store, czyouth0201, DAMAIJIASHOP, dapangstore, dhyyouth0101, dhyyouth0103, dhyyouth0116, dhyyouth0124, don't be a old woman, Drem tree store, Duanzewangluo, E-Commerce Co., Ltd. Yongjia Yongtuo, Edelweissbloom, egferhjytkiu, EKOSA STORE, fafayou, family deng, fengyanqing store, flyspeed, Fortelant, frgthyx, fulongfeil23, FUSHANWJU, gegeshichenykaiqoq, go gou, GogoLarry, goldfield, gongjiahao, gongjiahao123, Gorgeous gardens, guangzhou totop co., ltd, guoyating, haerbinguchicoltd, hainingjieshencoltd, haohanzhihai, Happy shopping Happy day, Healthy drinking water and good water, heshujing, Hesperis, hgruwiriwoo998, hngcyouOl32, hngcyouth0134, Hokage Ninjia, HOME KITCHEN CENTER 30, homeee, hop with your feeling, huangchenchen33, huangyike, Huanxinmall, Jcuan, JHAJSFBS, jiahaohome, jiangyanhouse, jiuguiyijia, joytime, Just_Your_Style, juyongyul 47258, JXLHGUD, kafeijiu520, karriqiangsu, kongaiju, konhani, ley 1213, leads0574, LEE fashion, lengchangfa, liangliang2019, Lidiaodianshang, lihongfans, liqee, LiSea, littjun456, Uucheng2Ol7, liuwei55, liuxiaolong357, liuzhongxiaokkss, lizhongbin and longoushangma

N/A

Defaulting Defendants

666668, 13 Blocks, l966hushuijin, 12988ornaments, acaifeng258, Acermall, Aki_Z, allLiLi, Alwayslast, aruheng, BADGUY, Best Service Nol, best stock, better live to, better living store, bnmswrf, boyue7303, buersky, capsendly, chenchenl68, chendongyanzahuopu, chenyang168, chenyinDDD, cqfabc, CQLStore, Cynthia Store, DAMAIJIASHOP, dapangstore, don't be a old woman, Drem tree store, Duanzewangluo, E-Commerce Co., Ltd. Yongjia Yongtuo, egferhjytkiu, EKOSA STORE, fengyanqing store, flyspeed, frgthyx, FUSHANWJU, gegeshichenykaiqoq, go gou, Gorgeous gardens, guoyating, hainingjieshencoltd, haohanzhihai, Happy shopping Happy day, Healthy drinking water and good water, heshujing, hgruwiriwoo998, hngcyouth0134, HOME KITCHEN CENTER 30, homeee, hop with your feeling, huangyike, JHAJSFBS, joytime, juyongyu147258, JXLHGUD, kafeijiu520, karriqiangsu, kongaiju, lcy 1213, leads0574, LEE fashion, lengchangfa, Hangliang2019, Lidiaodianshang, liucheng2017, liuwei55, liuxiaolong357, liuzhongxiaokkss, and longoushangmao

N/A

Wish

Wish.com, a San Francisco, California-based, online marketplace and e-commerce platform owned by ContextLogic, Inc., a Delaware corporation ("ContextLogic"), that allows manufacturers and other third-party merchants, like Defendants, to advertise, distribute, offer for sale, sell and ship their retail products, which, upon information and belief, primarily originate from China, directly to consumers worldwide and specifically to consumers residing in the U.S., including New York

N/A

Sealing Order

Order to Seal File entered on July 31, 2018

Dkt. 1

Complaint

Plaintiffs Complaint filed on July 31, 2018

Dkt. 9

Application

Plaintiffs ex parte application for: 1) a temporary restraining order; 2) order restraining assets and Merchant Storefronts (as defined infra); 3) order to show cause why a preliminary injunction should not issue; 4) an order authorizing alternative service by electronic means and 5) an order authorizing expedited discovery filed on July 31, 2018

Dkts. 18-23

Arnaiz Dec.

Declaration of Jessica Arnaiz in Support of Plaintiffs Application

Dkt. 21

Lombardo Dec.

Declaration of Loriann Lombardo in Support of Plaintiffs Application

Dkt. 19

Wolgang Dec.

Declaration of Spencer Wolgang in Support of Plaintiffs Application

Dkt. 20

TRO

1) Temporary Restraining Order; 2) Order Restraining Assets and Merchant Storefronts; 3) Order to Show Cause Why a Preliminary Injunction Should Not Issue; 4) Order Authorizing Alternative Service by Electronic Means and 5) Order Authorizing Expedited Discovery entered on August 2, 2018

Dkt. 8

Show Cause Hearing(s)

August 16, 2018 and September 10, 2018 hearings to show cause why a preliminary injunction should not issue

N/A

PI Order

September 20, 2018 Preliminary Injunction Order

Dkt. 29

User Account(s)

Any and all websites and any and all accounts with online marketplace platforms such as Wish, as well as any and all as yet undiscovered accounts with additional online marketplace platforms held by or associated with Defendants, their respective officers, employees, agents, servants' and all persons in active concert or participation with any of them

N/A

Merchant Storefronts

Any and all User Accounts through which Defendants, their respective officers, employees, agents, servants and all persons in active concert or participation with any of them operate storefronts to manufacture, import, export, advertise, market, promote, distribute, display, offer for sale, sell and/or otherwise deal in products, including Counterfeit Products, which are held by or associated with Defendants, their respective officers, employees, agents, servants and all persons in active concert or participation with any of them

N/A

Egglettes Product

A set of non-stick silicone pods that are designed to cook and make perfect hard-boiled eggs and omelets, which are marketed and sold under the distinctive EGGLETTES trademark

N/A

Egglettes Mark

U.S. Trademark Registration No. 5, 500, 970 for the wordmark "EGGLETTES" for goods in Class 21

N/A

Egglettes Works

U.S. Copyright Reg. PA 2-106-754, covering the Egglettes Commercial and U.S. Copyright Reg. VA 2-094-787, covering the Egglettes Packaging Instructions and Recipe Book

N/A

Counterfeit Products

Products bearing or used in connection with the Egglettes Mark and/or Egglettes Works, and/or products in packaging and/or containing labels and/or hang tags bearing the Egglettes Mark and/or Egglettes Works, and/or bearing or used in connection with marks and/or artwork that are confusingly or substantially similar to the Egglettes Mark and/or Egglettes Works and/or products that are identical or confusingly or substantially similar to the Egglettes Product

N/A

Defendants' Assets

Any and all money, securities or other property or assets of Defendants (whether said assets are located in the U.S. or abroad)

N/A

Defendants' Financial Accounts

Any and all financial accounts associated with or utilized by any Defendants or any Defendants' User Accounts or Merchant Storefront(s) (whether said account is located in the U.S. or abroad)

N/A

Financial Institutions

Any banks, financial institutions, credit card companies and payment processing agencies, such as ContextLogic, PayPal Inc. ("PayPal"), Payoneer Inc. ("Payoneer"), PingPong Global Solutions, Inc. ("PingPong") and other companies or agencies that engage in the processing or transfer of money and/or real or personal property of Defendants

N/A

Third Party Service Providers

Online marketplace platforms, including, without limitation, those owned and operated, directly or indirectly, by ContextLogic, such as Wish, as well as any and all as yet undiscovered online marketplace platforms and/or entities through which Defendants, their respective officers, employees, agents, servants and all persons in active concert or participation with any of them manufacture, import, export, advertise, market, promote, distribute, offer for sale, sell and/or otherwise deal in Counterfeit Products which are hereinafter identified as a result of any order entered in this action, or otherwise

N/A

Defendants' Frozen Assets

Defendants' Assets from Defendants' Financial Accounts that were and/or are attached and frozen or restrained pursuant to the TRO and/or PI Order, or which are attached and frozen or restrained pursuant to any future order entered by the Court in this Action

N/A

Plaintiffs Motion for Default Judgment

Plaintiffs Motion for Default Judgment and a Permanent Injunction Against Defaulting Defendants filed on December 9, 2019

TBD

Scully Aff.

Affidavit by Brieanne Scully in Support of Plaintiff s Motion for Default Judgment

TBD

Wish Discovery

The supplemental report identifying Defendants' Infringing Product Id., Merchant Id., Merchant Real Person Name, Email Address, Physical Address, Product Lifetime Units Sold and Product Lifetime GMV, provided by counsel for ContextLogic to Plaintiffs counsel pursuant to the expedited discovery ordered in both the TRO and PI Order

N/A

         This matter comes before the Court by motion filed by Plaintiff for the entry of final judgment and permanent injunction by default against Defaulting Defendants for Defaulting Defendants' trademark infringement, trademark counterfeiting, copyright infringement, false designation of origin, passing off and unfair competition and related state and common law claims arising out of Defaulting Defendants' unauthorized use of Plaintiff s Egglettes Mark and Egglettes Works, without limitation, in their manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying or offering for sale and/or selling and/or sale of Counterfeit Products.[1]

         The Court, having considered the Memorandum of Law and Affidavit of Brieanne Scully in support of Plaintiffs Motion for Default Judgment and a Permanent Injunction Against Defaulting Defendants, the Certificates of Service of the Summons and Complaint, the Certificate of the Clerk of the Court stating that no answer has been filed in the instant action, and upon all other pleadings and papers on file in this action, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

         I. Defaulting Defendants' Liability

         1) Judgment is granted in favor of Plaintiff on all claims properly plead against Defaulting Defendants in the Complaint;

         II. Damages Awards

         1) IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that because it would serve both the compensatory and punitive purposes of the Lanham Act's prohibitions on willful infringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages award requested in its Memorandum of Law in Support of its Motion for Default Judgment, the Court finds such an award to be reasonable and Plaintiff is awarded statutory damages against each of the Defaulting Defendants pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act as follows ("Defaulting Defendants' Individual Damages Award"), plus post-judgment interest, for a total of Four Million Eight Hundred Thousand Dollars ($4, 800, 000.00), as follows:

a. an award of $50, 000.00 in statutory damages against the following fifty-nine (59) Defaulting Defendants, totaling $2, 950, 000.00: 666668, 13 Blocks, acaifeng258, allLiLi, aruheng, capsendly, DAMAIJIASHOP, dapangstore, Duanzewangluo, E-Commerce Co., Ltd. Yongjia Yongtuo, egferhjytkiu, fengyanqing store, flyspeed, frgthyx, FUSHANWJU, go gou, Guoyating, hainingjieshencoltd, Healthy drinking water and good water, Heshujing, hgruwiriwoo998, hngcyouth0134, hop with your feeling, kafeijiu520, karriqiangsu, leads0574, liucheng2017, longoushangmao, better living store, buersky, chendongyanzahuopu, kongaiju, liuwei55, liuzhongxiaokkss, AkiZ, Best Service No 1, chenchen 168, lengchangfa, best stock, don't be a old woman, haohanzhihai, juyongyul47258, chenyinDDD, better live to, liuxiaolong357, chenyangl68, Drem tree store, Happy shopping Happy day, joytime, Acermall, Alwayslast, homeee, ley 1213, Gorgeous gardens, Bridgetxie, liangliang2019, huangyike, JHAJSFBS and boyue7303;
b. an award of $75, 000.00 in statutory damages against the following four (4) Defaulting Defendants, totaling $300, 000.00: JXLHGUD, gegeshichenykaiqoq, Cynthia Store and bnmswrf; '
c. an award of $100, 000.00 in statutory damages against the following one (1) Defaulting Defendant, totaling $100, 000.00: 1988ornaments;
d. an award of $125, 000.00 in statutory damages against the following two (2) Defaulting Defendants, totaling $250, 000.00: CQLStore and BADGUY;
e. an award of $150, 000.00 in statutory damages against the following two (2) Defaulting Defendants, totaling $300, 000.00: HOME KITCHEN CENTER 30 and EKOSA STORE;
f. an award of $200, 000.00 in statutory damages against the following two (2) Defaulting Defendants, totaling $400, 000.00: LEE fashion and cqfabc;
g. an award of $250, 000.00 in statutory damages against the following two (2) Defaulting Defendants, totaling $500, 000.00: ...

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