2023-cv-62119

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-17054338, 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 William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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 & Exhibits

Corporate Disclosure Statement by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. identifying Corporate Parent EssilorLuxottica S.A. for LUXOTTICA GROUP S.p.A.; Corporate Parent FGX International, Inc. for COSTA DEL MAR, INC. (Wiborg-Rodriguez, T.)

Set Hearings. Preliminary Injunction Hearing set for 11/29/2023 01:00 PM in Fort Lauderdale Division before Judge William P. Dimitrouleas. PER DE#[8] (Text entry; no document attached.)

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

ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT. Signed by Judge William P. Dimitrouleas on 11/8/2023. See attached document for full details.

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 11/8/2023. See attached document for full details.

Seizure BOND in the amount of $25,000.00 posted by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. Approved by Judge William P. Dimitrouleas

Bond

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

Text of Proposed Order

ORDER Granting 16 Motion to Unseal. Signed by Judge William P. Dimitrouleas on 11/22/2023. See attached document for full details.

NOTICE of Compliance (All Docket Entries in this Case Have been Unsealed) re 17 Order on Motion to Unseal

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

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

Exhibit 2 to Amended Complaint Certificates of Registration for the Oakley Trad

Exhibit 3 to Amended Complaint Certificates of Registration for the Costa Trade

NOTICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. of E-mail Inquiries Received from Certain Defendants in Connection with Asset Restraint and Service

Exhibit 1 to the Notice of E-Mail Inquiries

Plaintiff's NOTICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re Set/Reset Hearings, [10] Order Requiring Joint Scheduling Report, [1] Complaint, [6] 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, [8] 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 [11] Order on Motion to Seal, [14] Sealed Document, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [9] Order on Ex Parte Motion, Set/Reset Hearings, [16] Motion to Unseal Case, [18] Notice of Compliance, [7] 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] Clerks Notice of Judge Assignment, [13] Bond, [3] Form AO 120/121, [10] Order Requiring Joint Scheduling Report, [1] Complaint, [6] 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, [4] Certificate of Other Affiliates/Corporate Disclosure Statement, [17] Order on Motion to Unseal Case, [12] Sealed Document, [8] Order on Ex Parte Motion, upon Defendants via website posting

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 OAKLEY, INC., LUXOTTICA GROUP S.p.A., COSTA DEL MAR, INC. 666-bagss.xyz served on 11/27/2023, response/answer due 12/18/2023; Miqi Selina served on 11/27/2023, response/answer due 12/18/2023; NiuniuGE served on 11/27/2023, response/answer due 12/18/2023; RENQINSHIGU served on 11/27/2023, response/answer due 12/18/2023; Shaoci trade served on 11/27/2023, response/answer due 12/18/2023; Whatsapp +86 188 9837 2893 Lisa China. served on 11/27/2023, response/answer due 12/18/2023; Whatsapp +86 19924335479 Fongo Sally served on 11/27/2023, response/answer due 12/18/2023; YINHU SPORT served on 11/27/2023, response/answer due 12/18/2023; acc.ygshoes188.com served on 11/27/2023, response/answer due 12/18/2023; aexr_39 served on 11/27/2023, response/answer due 12/18/2023; costadelmarcanada.com served on 11/27/2023, response/answer due 12/18/2023; costadelmaroutletstores.com served on 11/27/2023, response/answer due 12/18/2023; costadelmarsunglassessale.com served on 11/27/2023, response/answer due 12/18/2023; costadelmarsunglassesuk.com served on 11/27/2023, response/answer due 12/18/2023; costasunglassescheapsale.com served on 11/27/2023, response/answer due 12/18/2023; dimsunshine.com served on 11/27/2023, response/answer due 12/18/2023; fkeht47 served on 11/27/2023, response/answer due 12/18/2023; glass2023.xyz served on 11/27/2023, response/answer due 12/18/2023; guangjunxiaojiba served on 11/27/2023, response/answer due 12/18/2023; juriStore served on 11/27/2023, response/answer due 12/18/2023; jutuibox.com served on 11/27/2023, response/answer due 12/18/2023; mshop68.ml served on 11/27/2023, response/answer due 12/18/2023; optcxfate.life served on 11/27/2023, response/answer due 12/18/2023; rabyme.com served on 11/27/2023, response/answer due 12/18/2023; saeollo.shop served on 11/27/2023, response/answer due 12/18/2023; suraz09 served on 11/27/2023, response/answer due 12/18/2023; svw-tees served on 11/27/2023, response/answer due 12/18/2023; wnl525 served on 11/27/2023, response/answer due 12/18/2023; xpsclothing.com served on 11/27/2023, response/answer due 12/18/2023.

Affidavit of Service

Affidavit of Service

PAPERLESS Minute Entry for proceedings held before Judge William P. Dimitrouleas: Motion Hearing held on 11/29/2023 re 6 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 OAKLEY, INC., COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A. Defendants failed to appear. The Court will enter the proposed order granting the motion for preliminary injunction. Total time in court: 5 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, Court Reporter: Patricia Bailey-Entin, 305-523-5635 / Patricia_BaileyEntin@flsd.uscourts.gov. (rs00)

ORDER Granting [6] Application for Preliminary Injunction. Signed by Judge William P. Dimitrouleas on 11/29/2023. See attached document for full details.

ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION. Plaintiffs shall either move for Clerk's Entry of Default against Defendants or Show Cause Response due by 1/3/2024. Signed by Judge William P. Dimitrouleas on 12/27/2023. See attached document for full details.

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

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

Plaintiff's MOTION for Clerk's Entry of Default as to 666-bagss.xyz, Miqi Selina, NiuniuGE, RENQINSHIGU, Shaoci trade, The Individuals, Business Entities and Unincorporated Associations Identified on Schedule A, Whatsapp +86 188 9837 2893 Lisa China., Whatsapp +86 19924335479 Fongo Sally, YINHU SPORT, acc.ygshoes188.com, aexr_39, costadelmarcanada.com, costadelmaroutletstores.com, costadelmarsunglassessale.com, costadelmarsunglassesuk.com, costasunglassescheapsale.com, dimsunshine.com, fkeht47, glass2023.xyz, guangjunxiaojiba, juriStore, jutuibox.com, mshop68.ml, optcxfate.life, rabyme.com, saeollo.shop, suraz09, svw-tees, wnl525, xpsclothing.com by OAKLEY, INC., LUXOTTICA GROUP S.p.A., COSTA DEL MAR, INC.

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

Text of Proposed Order

Clerk's Entry of Default as to The Individuals, Business Entities and Unincorporated Associations Identified on Schedule A - Motions Terminated: 29 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 1/3/2024.

ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION. Plaintiffs shall either move for default judgment against Defendants or Show Cause Response due by 1/23/2024. Signed by Judge William P. Dimitrouleas on 1/16/2024. See attached document for full details.

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

ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT GRANT MOTION FOR FINAL DEFAULT JUDGMENT re [32] Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof filed by OAKLEY, INC., COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A. Show Cause Response due by 2/6/2024. Signed by Judge William P. Dimitrouleas on 1/24/2024. See attached document for full details.

ORDER granting [32] MOTION FOR FINAL DEFAULT JUDGMENT. Signed by Judge William P. Dimitrouleas on 2/7/2024. See attached document for full details.

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION in favor of COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. against 666-bagss.xyz, Miqi Selina, NiuniuGE, RENQINSHIGU, Shaoci trade, Whatsapp +86 188 9837 2893 Lisa China, Whatsapp +86 19924335479 Fongo Sally, YINHU SPORT, acc.ygshoes188.com, aexr_39, costadelmarcanada.com, costadelmaroutletstores.com, costadelmarsunglassessale.com, costadelmarsunglassesuk.com, costasunglassescheapsale.com, dimsunshine.com, fkeht47, glass2023.xyz, guangjunxiaojiba, juriStore, jutuibox.com, mshop68.ml, optcxfate.life, rabyme.com, saeollo.shop, suraz09, svw-tees, wnl525, xpsclothing.com; in favor of COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. against costadelmarcanada.com, costadelmaroutletstores.com, costadelmarsunglassessale.com, costadelmarsunglassesuk.com, costasunglassescheapsale.com. Closing Case. Signed by Judge William P. Dimitrouleas on 2/7/2024. See attached document for full details.

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

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION