2022-cv-62231

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16131682, filed by LUXOTTICA GROUP S.p.A., COSTA DEL MAR, INC., OAKLEY, INC.

Civil Cover Sheet

Exhibit 1 to Complaint Certificates of Registration for the Ray-Ban Trademarks

Exhibit 2 to Complaint Certificates of Registration for the Oakley Trademarks

Exhibit 3 to Complaint Certificates of Registration for the Costa Trademarks

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

Plaintiff's MOTION to Seal per Local Rule 5.4 by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC.

Text of Proposed Order

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

Exhibit 1

Exhibit 2

Exhibit 3

Plaintiff's Corporate Disclosure Statement by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. identifying Corporate Parent FGX International, Inc. for COSTA DEL MAR, INC.; Corporate Parent EssilorLuxottica S.A. for LUXOTTICA GROUP S.p.A. (Wiborg-Rodriguez, T.)

NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01)

ORDER granting 3 Plaintiff's Motion to File Under Seal. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

SYSTEM ENTRY - Docket Entry 8 [motion] restricted/sealed until further notice. (1336528) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 9 [motion] restricted/sealed until further notice. (1336528) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 10 [misc] restricted/sealed until further notice. (1336528) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 11 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 12 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 13 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 14 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 15 [misc] restricted/sealed until further notice. (1336528) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 16 [misc] restricted/sealed until further notice. (Text entry; no document attached.)

Plaintiff's MOTION To Unseal by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC.

Text of Proposed Order

ORDER granting [17] Motion to Unseal. The Clerk of Court is directed to unseal all docket entries in this case and return those portions of the Court file to the public records. Signed by Judge Darrin P. Gayles on 12/9/2022. See attached document for full details.

NOTICE of Filing Bond by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC.

Bond

CLERK'S NOTICE of Compliance by Unsealing documents 8 - 16 pursuant to 19 Order.

NOTICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re 8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof, 13 Order on Ex Parte Motion, 6 Notice of Court Practice/to Appear/Other, 1 Complaint, upon Defendants via Electronic Mail

(Exhibit Certificate of Sevice)

CERTIFICATE OF SERVICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re 18 Order on Motion to Unseal Document, 8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof, 14 Sealed Order, 17 Motion to Unseal Document, 9 Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof, 2 Clerk's Notice of Judge Assignment, 13 Order on Ex Parte Motion, 19 Notice (Other), 5 Form AO 120/121, 7 Order on Motion to Seal, 3 Plaintiff's MOTION to Seal per Local Rule 5.4, 6 Notice of Court Practice/to Appear/Other, 1 Complaint, 4 Certificate of Other Affiliates/Corporate Disclosure Statement, 10 Sealed Document, 15 Sealed Document, upon Defendants via website posting

NOTICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re [8] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof, [13] Order on Ex Parte Motion, [6] Notice of Court Practice/to Appear/Other, [1] Complaint, upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

ORDER Extending Temporary Restraining Order and Continuing Hearing on Motion for Preliminary Injunction as to Defendant Numbers 108-177. Preliminary Injunction Hearing as to Defendant Numbers 108-177 continued to December 19, 2022 at 10:00 AM before Judge Darrin P. Gayles. The parties shall appear by telephone. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

ORDER granting [8] Motion for Preliminary Injunction. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 12/13/2022 re 8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hs01)

NOTICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re [24] Order, Set/Reset Deadlines/Hearings, [13] Order on Ex Parte Motion, [6] Notice of Court Practice/to Appear/Other, [1] Complaint, upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re [24] Order, Set/Reset Deadlines/Hearings, upon Defendants via website posting

PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 12/19/2022 re 8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hs01)

AMENDED ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by LUXOTTICA GROUP S.p.A., COSTA DEL MAR, INC., OAKLEY, INC.

1 to Amended Complaint Certificates of Registration for the Ray-Ban Trademarks

2 to Amended Complaint Certificates of Registration for the Oakley Trademarks

(3 to Amended Complaint Certificates of Registration for the Costa Trademarks)

NOTICE of Change of Address, Email or Law Firm Name by Virgilio Gigante

CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Virgilio Gigante re 32 Notice of Change of Address, Email or Law Firm Name. Attorney Virgilio Gigante has not completed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-your-information

SUMMONS (Affidavit) Returned Executed on 1 Complaint, 31 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by OAKLEY, INC., LUXOTTICA GROUP S.p.A., COSTA DEL MAR, INC. Awesome Glasses Store served on 12/19/2022, response/answer due 1/9/2023; Benesm served on 12/19/2022, response/answer due 1/9/2023; BrandSport Sunglasses Store served on 12/19/2022, response/answer due 1/9/2023; COCOLUXURY served on 12/19/2022, response/answer due 1/9/2023; Discotvr served on 12/19/2022, response/answer due 1/9/2023; Inversions YepezCA served on 12/19/2022, response/answer due 1/9/2023; Junior321 served on 12/19/2022, response/answer due 1/9/2023; Shop1100149400 Store served on 12/19/2022, response/answer due 1/9/2023; Shop1100223303 Store served on 12/19/2022, response/answer due 1/9/2023; Shopifresh served on 12/19/2022, response/answer due 1/9/2023; The brother zinza served on 12/19/2022, response/answer due 1/9/2023; Uosiueesisz served on 12/19/2022, response/answer due 1/9/2023; act8 served on 12/19/2022, response/answer due 1/9/2023; ajsa served on 12/19/2022, response/answer due 1/9/2023; anfunikeon2 served on 12/19/2022, response/answer due 1/9/2023; anqo served on 12/19/2022, response/answer due 1/9/2023; aqzn served on 12/19/2022, response/answer due 1/9/2023; bayongping1134 served on 12/19/2022, response/answer due 1/9/2023; behc served on 12/19/2022, response/answer due 1/9/2023; beverly888 served on 12/19/2022, response/answer due 1/9/2023; brand168 served on 12/19/2022, response/answer due 1/9/2023; brand5977 served on 12/19/2022, response/answer due 1/9/2023; caiaccmerch served on 12/19/2022, response/answer due 1/9/2023; chun63 served on 12/19/2022, response/answer due 1/9/2023; dajanipremiumtesco served on 12/19/2022, response/answer due 1/9/2023; dengxia9888 served on 12/19/2022, response/answer due 1/9/2023; designer350 served on 12/19/2022, response/answer due 1/9/2023; designer5307 served on 12/19/2022, response/answer due 1/9/2023; designersunsun served on 12/19/2022, response/answer due 1/9/2023; dhdmj1782pkm served on 12/19/2022, response/answer due 1/9/2023; dhgatefashions served on 12/19/2022, response/answer due 1/9/2023; dhgatewangshutong12 served on 12/19/2022, response/answer due 1/9/2023; dove_fashion served on 12/19/2022, response/answer due 1/9/2023; eonv served on 12/19/2022, response/answer due 1/9/2023; fashion00301 served on 12/19/2022, response/answer due 1/9/2023; fashion_1992 served on 12/19/2022, response/answer due 1/9/2023; fashion_vip served on 12/19/2022, response/answer due 1/9/2023; favorites2020 served on 12/19/2022, response/answer due 1/9/2023; felshare served on 12/19/2022, response/answer due 1/9/2023; fenda_trade served on 12/19/2022, response/answer due 1/9/2023; fff2019 served on 12/19/2022, response/answer due 1/9/2023; fy1820 served on 12/19/2022, response/answer due 1/9/2023; fzctb6 served on 12/19/2022, response/answer due 1/9/2023; fzcti2 served on 12/19/2022, response/answer due 1/9/2023; fzctr0 served on 12/19/2022, response/answer due 1/9/2023; fzctu2 served on 12/19/2022, response/answer due 1/9/2023; g5nx served on 12/19/2022, response/answer due 1/9/2023; gabg served on 12/19/2022, response/answer due 1/9/2023; gbnb served on 12/19/2022, response/answer due 1/9/2023; glassesboxx served on 12/19/2022, response/answer due 1/9/2023; glitter2009 served on 12/19/2022, response/answer due 1/9/2023; goodbrand787 served on 12/19/2022, response/answer due 1/9/2023; haileyssdd served on 12/19/2022, response/answer due 1/9/2023; hannahgggs served on 12/19/2022, response/answer due 1/9/2023; hj6851 served on 12/19/2022, response/answer due 1/9/2023; hjk585 served on 12/19/2022, response/answer due 1/9/2023; hkshenyusheng03 served on 12/19/2022, response/answer due 1/9/2023; ifxo served on 12/19/2022, response/answer due 1/9/2023; iibackwardness served on 12/19/2022, response/answer due 1/9/2023; iridescentshul served on 12/19/2022, response/answer due 1/9/2023; jersey_sport_nba served on 12/19/2022, response/answer due 1/9/2023; jkfr served on 12/19/2022, response/answer due 1/9/2023; kvaq served on 12/19/2022, response/answer due 1/9/2023; linjihua851113 served on 12/19/2022, response/answer due 1/9/2023; ljh851113 served on 12/19/2022, response/answer due 1/9/2023; luxurious_guc served on 12/19/2022, response/answer due 1/9/2023; luxurious_sunglasses served on 12/19/2022, response/answer due 1/9/2023; luxury_trend served on 12/19/2022, response/answer due 1/9/2023; luxurysales served on 12/19/2022, response/answer due 1/9/2023; luxuryshop888 served on 12/19/2022, response/answer due 1/9/2023; mynd served on 12/19/2022, response/answer due 1/9/2023; naca served on 12/19/2022, response/answer due 1/9/2023; necktie-shop served on 12/19/2022, response/answer due 1/9/2023; nnmw served on 12/19/2022, response/answer due 1/9/2023; nomt served on 12/19/2022, response/answer due 1/9/2023; nqcj served on 12/19/2022, response/answer due 1/9/2023; ogyf served on 12/19/2022, response/answer due 1/9/2023; outdoor66 served on 12/19/2022, response/answer due 1/9/2023; pdiy served on 12/19/2022, response/answer due 1/9/2023; phoenix_2021 served on 12/19/2022, response/answer due 1/9/2023; qvsu served on 12/19/2022, response/answer due 1/9/2023; raysunglasses served on 12/19/2022, response/answer due 1/9/2023; rpaw served on 12/19/2022, response/answer due 1/9/2023; rui_fang served on 12/19/2022, response/answer due 1/9/2023; rycas4593xw served on 12/19/2022, response/answer due 1/9/2023; s29x served on 12/19/2022, response/answer due 1/9/2023; s9xj served on 12/19/2022, response/answer due 1/9/2023; satisfied008 served on 12/19/2022, response/answer due 1/9/2023; schneiderk served on 12/19/2022, response/answer due 1/9/2023; sdwe88 served on 12/19/2022, response/answer due 1/9/2023; sdwe889 served on 12/19/2022, response/answer due 1/9/2023; shenzhen2058 served on 12/19/2022, response/answer due 1/9/2023; ssak served on 12/19/2022, response/answer due 1/9/2023; sunglasses00301 served on 12/19/2022, response/answer due 1/9/2023; sunglasses0217 served on 12/19/2022, response/answer due 1/9/2023; sunglasses62 served on 12/19/2022, response/answer due 1/9/2023; sunglasses688 served on 12/19/2022, response/answer due 1/9/2023; tianqiyun served on 12/19/2022, response/answer due 1/9/2023; tiffanylv001 served on 12/19/2022, response/answer due 1/9/2023; topluxury630 served on 12/19/2022, response/answer due 1/9/2023; topornaments served on 12/19/2022, response/answer due 1/9/2023; ttspd served on 12/19/2022, response/answer due 1/9/2023; uuugx1180aa served on 12/19/2022, response/answer due 1/9/2023; vmsu served on 12/19/2022, response/answer due 1/9/2023; vybs served on 12/19/2022, response/answer due 1/9/2023; weishuang666 served on 12/19/2022, response/answer due 1/9/2023; wgsbdfb454545 served on 12/19/2022, response/answer due 1/9/2023; wkdo served on 12/19/2022, response/answer due 1/9/2023; xinhetech served on 12/19/2022, response/answer due 1/9/2023; xueacc2022 served on 12/19/2022, response/answer due 1/9/2023; xuliang03 served on 12/19/2022, response/answer due 1/9/2023; ya_yi_hui served on 12/19/2022, response/answer due 1/9/2023; yichu6688 served on 12/19/2022, response/answer due 1/9/2023; yifantech2021 served on 12/19/2022, response/answer due 1/9/2023; youyig4 served on 12/19/2022, response/answer due 1/9/2023; youyij5 served on 12/19/2022, response/answer due 1/9/2023; zoukobi served on 12/19/2022, response/answer due 1/9/2023.

Affidavit of Service

(Affidavit of Service)

Plaintiff's MOTION for Clerk's Entry of Default as to Awesome Glasses Store, Benesm, BrandSport Sunglasses Store, COCOLUXURY, Discotvr, Inversions YepezCA, Junior321, Shop1100149400 Store, Shop1100223303 Store, Shopifresh, The Individuals, Business Entities, and Unincorporated Associations, The brother zinza, Uosiueesisz, act8, ajsa, anfunikeon2, anqo, aqzn, bayongping1134, behc, beverly888, brand168, brand5977, caiaccmerch, chun63, dajanipremiumtesco, dengxia9888, designer350, designer5307, designersunsun, dhdmj1782pkm, dhgatefashions, dhgatewangshutong12, dove_fashion, eonv, fashion00301, fashion_1992, fashion_vip, favorites2020, felshare, fenda_trade, fff2019, fy1820, fzctb6, fzcti2, fzctr0, fzctu2, g5nx, gabg, gbnb, glassesboxx, glitter2009, goodbrand787, haileyssdd, hannahgggs, hj6851, hjk585, hkshenyusheng03, ifxo, iibackwardness, iridescentshul, jersey_sport_nba, jkfr, kvaq, linjihua851113, ljh851113, luxurious_guc, luxurious_sunglasses, luxury_trend, luxurysales, luxuryshop888, mynd, naca, necktie-shop, nnmw, nomt, nqcj, ogyf, outdoor66, pdiy, phoenix_2021, qvsu, raysunglasses, rpaw, rui_fang, rycas4593xw, s29x, s9xj, satisfied008, schneiderk, sdwe88, sdwe889, shenzhen2058, ssak, sunglasses00301, sunglasses0217, sunglasses62, sunglasses688, tianqiyun, tiffanylv001, topluxury630, topornaments, ttspd, uuugx1180aa, vmsu, vybs, weishuang666, wgsbdfb454545, wkdo, xinhetech, xueacc2022, xuliang03, ya_yi_hui, yichu6688, yifantech2021, youyig4, youyij5, zoukobi by OAKLEY, INC., LUXOTTICA GROUP S.p.A., COSTA DEL MAR, INC.

Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk's Entry of Default

(Text of Proposed Order)

NOTICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re 25 Order on Ex Parte Motion upon Defendants via Electronic Mail

(Exhibit Certificate of Sevice)

CERTIFICATE OF SERVICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re 25 Order on Ex Parte Motion upon Defendants via website posting

NOTICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re 30 Amended Order upon Defendants via Electronic Mail

(Exhibit Certificate of Sevice)

CERTIFICATE OF SERVICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re 30 Amended Order upon Defendants via website posting

NOTICE of Change of Address, Email or Law Firm Name by Stephen Michael Gaffigan

Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule "A" - Motions Terminated: 35 Motion for Clerk's Entry of Default, Signed by DEPUTY CLERK on 2/17/2023.

CLERK'S NOTICE - Attorney Admissions has updated the email information for attorney Virgilio Gigante.

CLERK'S NOTICE - Attorney Admissions has updated the email information for attorney Stephen Michael Gaffigan.

NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. On February 17, 2023, a Clerk's Default was entered against the Defendants 41. Accordingly, within ten (10) days of the date of this Order, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. This matter is CLOSED for administrative purposes. Signed by Judge Darrin P. Gayles (hs01)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK.

(Copy of Docket Sheet) (drz)

Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC.

Declaration of Jason D. Groppe in Support Thereof

Exhibit 1 to the Declaration of Jason Groppe

Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof

Text of Proposed Order Granting Motion for Final Default Judgment

(Text of Proposed Order Final Default Judgment and Permanent Injunction)(Wiborg-Rodriguez, T.)

ORDER granting 46 Plaintiffs' Motion for Entry of Final Default Judgment. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)