2023-cv-61835

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16943353, filed by Swarovski Aktiengesellschaft, Swarovski North America Limited.

Civil Cover Sheet

Exhibit 1 to Complaint Certificates of Registration for the Swarovski Trademark

Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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.

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

Complaint

Plaintiff's Corporate Disclosure Statement by Swarovski Aktiengesellschaft, Swarovski North America Limited identifying Corporate Parent Swarovski U.S. Holding Limited for Swarovski North America Limited; Corporate Parent Swarovski International Holding AG for Swarovski Aktiengesellschaft

Plaintiff's MOTION to Seal per Local Rule 5.4 by Swarovski Aktiengesellschaft, Swarovski North America Limited.

Text of Proposed Order Granting Motion to Seal

ORDER Granting [5] Motion to File Under Seal. Schedule A to Plaintiffs' Complaint and the Summonses shall be filed under seal and shall remain under seal until further order from this Court. Signed by Judge William P. Dimitrouleas on 9/26/2023. See attached document for full details.

Order (Text entry; no document attached.)

Set Deadlines/Hearing per DE#11: Preliminary Injunction Hearing set for 10/20/2023 10:40 AM in Fort Lauderdale Division before Judge William P. Dimitrouleas. Responses due by 10/13/2023 Replies due by 10/18/2023. (Text entry; no document attached.)

Order (Text entry; no document attached.)

Set Deadlines/Hearing per DE#11: Preliminary Injunction Hearing set for 10/20/2023 10:40 AM in Fort Lauderdale Division before Judge William P. Dimitrouleas. Responses due by 10/13/2023 Replies due by 10/18/2023. (Text entry; no document attached.)

Seizure BOND in the amount of $25,000 posted by Swarovski Aktiengesellschaft, Swarovski North America Limited. Approved by DEPUTY CLERK on 9/29/2023.

ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT. Signed by Judge William P. Dimitrouleas on 10/2/2023. See attached document for full details.

Plaintiff's MOTION to Unseal by Swarovski Aktiengesellschaft, Swarovski North America Limited.

Text of Proposed Order

ORDER GRANTING [16] PLAINTIFF'S MOTION TO UNSEAL. The Clerk of the Court is hereby DIRECTED to unseal all docket entries in this case and return those portions of the Court file to the public records. Signed by Judge William P. Dimitrouleas on 10/6/2023. See attached document for full details.

NOTICE of Compliance re 17 Order Unsealing Documents. All documents in this case are now unsealed per direction in order at DE#17.

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by Swarovski Aktiengesellschaft, Swarovski North America Limited.

Exhibit 1 to Amended Complaint Certificates of Registration for the Swarovski T

Plaintiff's NOTICE by Swarovski Aktiengesellschaft, Swarovski North America Limited re [1] Complaint, [11] Sealed Order, [15] Order Requiring Joint Scheduling Report, [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 upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by Swarovski Aktiengesellschaft, Swarovski North America Limited re [16] Plaintiff's MOTION to Unseal, [10] Sealed Order on Motion, Order on Ex Parte Motion, [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, [3] Form AO 120/121, [7] Sealed Document, [6] Order on Motion to Seal, [12] Sealed Document, [1] Complaint, Set/Reset Deadlines/Hearings, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [11] Sealed Order, [15] Order Requiring Joint Scheduling Report, [4] Certificate of Other Affiliates/Corporate Disclosure Statement, [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, [2] Clerks Notice of Judge Assignment, [14] Bond upon Defendants via website posting

Plaintiff's NOTICE by Swarovski Aktiengesellschaft, Swarovski North America Limited of E-Mail Inquiry Received from Defendant Number 33 in Connection With Asset Restraint and Service

Exhibit 1 to the Notice

PAPERLESS Minute Entry for proceedings held before Judge William P. Dimitrouleas: Motion Hearing held on 10/20/2023 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 filed by Swarovski North America Limited, Swarovski Aktiengesellschaft. Defendants failed to appear. The Court will enter proposed Order granting preliminary injunction. Total time in court: 5 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. (rs00)

ORDER GRANTING 8 APPLICATION FOR ENTRY OF PRELIMINARY INJUNCTION. Signed by Judge William P. Dimitrouleas on 10/20/2023. See attached document for full details.

SUMMONS (Affidavit) Returned Executed on [19] Amended Complaint/Amended Notice of Removal, [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Swarovski North America Limited, Swarovski Aktiengesellschaft. CatchFashionMoment served on 10/10/2023, response/answer due 10/31/2023; Cheers2022 served on 10/10/2023, response/answer due 10/31/2023; Cronos2020 served on 10/10/2023, response/answer due 10/31/2023; DecorateUrWrist served on 10/10/2023, response/answer due 10/31/2023; FRM Trade served on 10/10/2023, response/answer due 10/31/2023; GiftsToYou served on 10/10/2023, response/answer due 10/31/2023; Helen Autoparts served on 10/10/2023, response/answer due 10/31/2023; IncredibleItems served on 10/10/2023, response/answer due 10/31/2023; Piker'sFashion served on 10/10/2023, response/answer due 10/31/2023; Prime Online served on 10/10/2023, response/answer due 10/31/2023; SuperGoodsHere served on 10/10/2023, response/answer due 10/31/2023; YiFei Travel Trading served on 10/10/2023, response/answer due 10/31/2023; baytoqy served on 10/10/2023, response/answer due 10/31/2023; bestfirst-home served on 10/10/2023, response/answer due 10/31/2023; bestsellingshopping served on 10/10/2023, response/answer due 10/31/2023; chaox-3 served on 10/10/2023, response/answer due 10/31/2023; chuzhilan02 served on 10/10/2023, response/answer due 10/31/2023; dankoush98 served on 10/10/2023, response/answer due 10/31/2023; dashmikdulanjan_0 served on 10/10/2023, response/answer due 10/31/2023; dqyseyg42 served on 10/10/2023, response/answer due 10/31/2023; guigu-auto served on 10/10/2023, response/answer due 10/31/2023; hebaicaonong served on 10/10/2023, response/answer due 10/31/2023; inwin-home served on 10/10/2023, response/answer due 10/31/2023; jewelryswarovski.com served on 10/10/2023, response/answer due 10/31/2023; jiny_16 served on 10/10/2023, response/answer due 10/31/2023; keruisen02 served on 10/10/2023, response/answer due 10/31/2023; liusu-5048 served on 10/10/2023, response/answer due 10/31/2023; shop10230.ariskin.net served on 10/10/2023, response/answer due 10/31/2023; solaclub served on 10/10/2023, response/answer due 10/31/2023; swarovski-usa.com served on 10/10/2023, response/answer due 10/31/2023; swarovskifr.shop served on 10/10/2023, response/answer due 10/31/2023; swarovskioutletuk.com served on 10/10/2023, response/answer due 10/31/2023; swarovskisalva.shop served on 10/10/2023, response/answer due 10/31/2023; tasschosee served on 10/10/2023, response/answer due 10/31/2023; tesowedstgm served on 10/10/2023, response/answer due 10/31/2023; usggauto served on 10/10/2023, response/answer due 10/31/2023; xianshen_18 served on 10/10/2023, response/answer due 10/31/2023; yangzhuang served on 10/10/2023, response/answer due 10/31/2023; zzchu16 served on 10/10/2023, response/answer due 10/31/2023.

Affidavit of Service

Affidavit of Service

Plaintiff's NOTICE by Swarovski Aktiengesellschaft, Swarovski North America Limited re [24] Preliminary Injunction upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by Swarovski Aktiengesellschaft, Swarovski North America Limited re [24] Preliminary Injunction upon Defendants via website posting

Plaintiff's MOTION for Clerk's Entry of Default as to CatchFashionMoment, Cheers2022, Cronos2020, DecorateUrWrist, FRM Trade, GiftsToYou, Helen Autoparts, IncredibleItems, Piker'sFashion, Prime Online, SuperGoodsHere, The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, YiFei Travel Trading, baytoqy, bestfirst-home, bestsellingshopping, chaox-3, chuzhilan02, dankoush98, dashmikdulanjan_0, dqyseyg42, guigu-auto, hebaicaonong, inwin-home, jewelryswarovski.com, jiny_16, keruisen02, liusu-5048, shop10230.ariskin.net, solaclub, swarovski-usa.com, swarovskifr.shop, swarovskioutletuk.com, swarovskisalva.shop, tasschosee, tesowedstgm, usggauto, xianshen_18, yangzhuang, zzchu16 by Swarovski North America Limited, Swarovski Aktiengesellschaft.

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

Text of Proposed Order

CLERK'S DEFAULT ENTRY - Granting [28] Plaintiff's MOTION for Clerk's Entry of Default as to CatchFashionMoment, Cheers2022, Cronos2020, DecorateUrWrist, FRM Trade, GiftsToYou, Helen Autoparts, IncredibleItems, Piker'sFashion, Prime Online, SuperGoodsHere, The Individua filed by Swarovski North America Limited, Swarovski Aktiengesellschaft, Motions terminated: [28] Plaintiff's MOTION for Clerk's Entry of Default as to CatchFashionMoment, Cheers2022, Cronos2020, DecorateUrWrist, FRM Trade, GiftsToYou, Helen Autoparts, IncredibleItems, Piker'sFashion, Prime Online, SuperGoodsHere, The Individua filed by Swarovski North America Limited, Swarovski Aktiengesellschaft. Motions terminated: [28] Plaintiff's MOTION for Clerk's Entry of Default as to CatchFashionMoment, Cheers2022, Cronos2020, DecorateUrWrist, FRM Trade, GiftsToYou, Helen Autoparts, IncredibleItems, Piker'sFashion, Prime Online, SuperGoodsHere, The Individua filed by Swarovski North America Limited, Swarovski Aktiengesellschaft. Signed by DEPUTY CLERK on 11/20/2023. See attached document for full details.

Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Swarovski Aktiengesellschaft, Swarovski North America Limited.

Declaration of Kateryna Pereverzeva in Support Thereof

Exhibit 1 to the Declaration of Kateryna Pereverzeva

Declaration of Stephen M. Gaffigan in Support Thereof

Text of Proposed Order Granting Plaintiffs Motion for Final Default Judgment

Text of Proposed Order Final Default Judgment and Permanent Injunction

ORDER TO SHOW CAUSE WHY COURT SHOULD NOT GRANT MOTION FOR FINAL DEFAULT JUDGMENT: On or before December 11, 2023, Defendants shall respond to this Order to Show Cause, showing why this Motion should not be granted. Failure to respond shall result in the Court granting Plaintiffs' Motion [DE [30]]. Signed by Judge William P. Dimitrouleas on 11/28/2023. See attached document for full details.

ORDER granting [30] Motion for Default Judgment: Plaintiffs are ordered to serve a copy of this Order upon Defendants via e-mail. Signed by Judge William P. Dimitrouleas on 12/12/2023. See attached document for full details.

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION: DEFAULT JUDGMENT in favor of Swarovski Aktiengesellschaft, Swarovski North America Limited and against CatchFashionMoment, Cheers2022, Cronos2020, DecorateUrWrist, FRM Trade, GiftsToYou, Helen Autoparts, IncredibleItems, Piker'sFashion, Prime Online, SuperGoodsHere, The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, YiFei Travel Trading, baytoqy, bestfirst-home, bestsellingshopping, chaox-3, chuzhilan02, dankoush98, dashmikdulanjan_0, dqyseyg42, guigu-auto, hebaicaonong, inwin-home, jewelryswarovski.com, jiny_16, keruisen02, liusu-5048, shop10230.ariskin.net, solaclub, swarovski-usa.com, swarovskifr.shop, swarovskioutletuk.com, swarovskisalva.shop, tasschosee, tesowedstgm, usggauto, xianshen_18, yangzhuang, and zzchu16. This Clerk is directed to CLOSE this case and DENY any pending motions as moot. Closing Case. Signed by Judge William P. Dimitrouleas on 12/12/2023. See attached document for full details.