2024-cv-61475

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17752699, 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 Melissa Damian. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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 with Logs

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.)

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 GRANTING PLAINTIFFS' MOTION TO FILE UNDER SEAL [ECF NO. 5]: Schedule A to Plaintiffs' Complaint and the Summonses shall be filed under seal and shall remain under seal until further order from the Court order. Signed by Judge Melissa Damian on 8/19/2024. See attached document for full details.

Order

BOND on Injunction in the amount of $10,000 posted by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. Approved by DEPUTY CLERK on 10/08/2024.

Plaintiff's MOTION to Unseal Document Docket Entries 6-7, 9-13 by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. Responses due by 10/24/2024.

Text of Proposed Order

ORDER Granting [15] Plaintiffs' 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 Melissa Damian on 10/11/2024. See attached document for full details.

NOTICE of Compliance re 16 Order on Motion to Unseal Documents. Per order at DE#16 all entries in this case have been unsealed.

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 Tr

Exhibit 2 to Amended Complaint - Certificates of Registration for the Oakley Tra

Exhibit 3 to Amended Complaint - Certificates of Registration for the Costa Trad

PAPERLESS ORDER. THIS CAUSE is before the Court sua sponte. Please take notice that the Preliminary Injunction hearing presently set for 10/23/2024 at 11:30 AM is hereby RESET for 10/23/2024 at 10:30 AM before the undersigned in the Fort Lauderdale division. Signed by Judge Melissa Damian on 10/21/2024.

Plaintiff's NOTICE upon Defendants via Electronic Mail by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re [13] Sealed Order on Motion, Set/Reset Sealed Deadlines/Hearings, Set/Reset Sealed Motion/R&R Deadlines and Hearings, Order on Ex Parte Motion, Order on Motion for Temporary Restraining Order, [15] Plaintiff's MOTION to Unseal Document Docket Entries 6-7, 9-13, [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 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, [1] Complaint

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. 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 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, [10] Sealed Document, [14] Bond, [4] Certificate of Other Affiliates/Corporate Disclosure Statement, [3] Form AO 120/121, [9] Sealed Order on Motion, Order on Ex Parte Motion, [1] Complaint, [11] Sealed Document, [8] Order on Motion to Seal, [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] Sealed Order on Motion, Set/Reset Sealed Deadlines/Hearings, Set/Reset Sealed Motion/R&R Deadlines and Hearings, Order on Ex Parte Motion, Order on Motion for Temporary Restraining Order, [15] Plaintiff's MOTION to Unseal Document Docket Entries 6-7, 9-13, [5] Plaintiff's MOTION to Seal per Local Rule 5.4 upon Defendants via website posting

SUMMONS (Affidavit) Returned Executed on [18] 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. ahaga78 served on 10/17/2024, response/answer due 11/7/2024; ajm4134 served on 10/17/2024, response/answer due 11/7/2024; akikonikkita04 served on 10/17/2024, response/answer due 11/7/2024; angeang-34 served on 10/17/2024, response/answer due 11/7/2024; arca4314 served on 10/17/2024, response/answer due 11/7/2024; audriannwilliam0 served on 10/17/2024, response/answer due 11/7/2024; billot54 served on 10/17/2024, response/answer due 11/7/2024; bnrgggw served on 10/17/2024, response/answer due 11/7/2024; cenying served on 10/17/2024, response/answer due 11/7/2024; cfcx_79 served on 10/17/2024, response/answer due 11/7/2024; chishunhong_luck served on 10/17/2024, response/answer due 11/7/2024; choyski served on 10/17/2024, response/answer due 11/7/2024; cmqy_98 served on 10/17/2024, response/answer due 11/7/2024; creative_42 served on 10/17/2024, response/answer due 11/7/2024; dalong_e-commerce2024 served on 10/17/2024, response/answer due 11/7/2024; datongshiyeshangmao served on 10/17/2024, response/answer due 11/7/2024; ds5f46 served on 10/17/2024, response/answer due 11/7/2024; ejyrher served on 10/17/2024, response/answer due 11/7/2024; elias5-4554 served on 10/17/2024, response/answer due 11/7/2024; emepena_0 served on 10/17/2024, response/answer due 11/7/2024; feishi-8494 served on 10/17/2024, response/answer due 11/7/2024; gatoko served on 10/17/2024, response/answer due 11/7/2024; hailiang_fa served on 10/17/2024, response/answer due 11/7/2024; hjsdfn served on 10/17/2024, response/answer due 11/7/2024; hongkongnov_0 served on 10/17/2024, response/answer due 11/7/2024; htx_43 served on 10/17/2024, response/answer due 11/7/2024; huixiangzhuo677 served on 10/17/2024, response/answer due 11/7/2024; hvpon94-5 served on 10/17/2024, response/answer due 11/7/2024; ikuygb served on 10/17/2024, response/answer due 11/7/2024; imccl20 served on 10/17/2024, response/answer due 11/7/2024; jennano71 served on 10/17/2024, response/answer due 11/7/2024; joerw1695 served on 10/17/2024, response/answer due 11/7/2024; kha-949587 served on 10/17/2024, response/answer due 11/7/2024; lengshu-39 served on 10/17/2024, response/answer due 11/7/2024; linhong31 served on 10/17/2024, response/answer due 11/7/2024; loldeca0 served on 10/17/2024, response/answer due 11/7/2024; lp53_53 served on 10/17/2024, response/answer due 11/7/2024; luca-4537 served on 10/17/2024, response/answer due 11/7/2024; luminouslens served on 10/17/2024, response/answer due 11/7/2024; oliver-4819 served on 10/17/2024, response/answer due 11/7/2024; paula8272 served on 10/17/2024, response/answer due 11/7/2024; positive007 served on 10/17/2024, response/answer due 11/7/2024; re80160 served on 10/17/2024, response/answer due 11/7/2024; rklryof served on 10/17/2024, response/answer due 11/7/2024; ronghua1 served on 10/17/2024, response/answer due 11/7/2024; saiyu87 served on 10/17/2024, response/answer due 11/7/2024; sheigh-2009 served on 10/17/2024, response/answer due 11/7/2024; sherlan_02 served on 10/17/2024, response/answer due 11/7/2024; soklat-42 served on 10/17/2024, response/answer due 11/7/2024; steknou92 served on 10/17/2024, response/answer due 11/7/2024; tangyachuow served on 10/17/2024, response/answer due 11/7/2024; tulelet served on 10/17/2024, response/answer due 11/7/2024; uhduas54 served on 10/17/2024, response/answer due 11/7/2024; uiuwrg served on 10/17/2024, response/answer due 11/7/2024; vdcjdx30 served on 10/17/2024, response/answer due 11/7/2024; vihicollect-first served on 10/17/2024, response/answer due 11/7/2024; vlxc_97 served on 10/17/2024, response/answer due 11/7/2024; wenlishang served on 10/17/2024, response/answer due 11/7/2024; widewidepigtoycollection served on 10/17/2024, response/answer due 11/7/2024; wwkhjui served on 10/17/2024, response/answer due 11/7/2024; xuwenbo8433002 served on 10/17/2024, response/answer due 11/7/2024; yuzi1-85 served on 10/17/2024, response/answer due 11/7/2024; z35926 served on 10/17/2024, response/answer due 11/7/2024; zf0_72 served on 10/17/2024, response/answer due 11/7/2024; zha622-19 served on 10/17/2024, response/answer due 11/7/2024; zhangchu_27 served on 10/17/2024, response/answer due 11/7/2024; zhiyang808 served on 10/17/2024, response/answer due 11/7/2024.

Affidavit of Service

Affidavit of Service

Plaintiff's NOTICE upon Defendants via Electronic Mail by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re [19] Order Setting/Resetting/Cancelling Hearing

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re [19] Order Setting/Resetting/Cancelling Hearing, upon Defendants via website posting

PAPERLESS Minute Entry for proceedings held before Judge Melissa Damian: Motion Hearing held on 10/23/2024 regarding 6 Plaintiff's Ex Parte Application for Entry of Preliminary Injunction. Order to follow. 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.

ORDER GRANTING MOTION FOR ENTRY OF PRELIMINARY INJUNCTION [ECF NO. [6]] Signed by Judge Melissa Damian on 10/25/2024. See attached document for full details.

ORDER ON DEFAULT PROCEDURE: Accordingly, it is ORDERED that Plaintiff shall submit a Motion for Entry of Clerk's Default no later than January 13, 2025, that includes the certificate of service indicating that notice was sent to the Defendants, including the addresses to which it was sent. It is further ORDERED that the Clerk shall CLOSE this case for administrative purposes pending a determination of the impending clerk's entry of default. Closing Case. Signed by Judge Melissa Damian on 12/30/2024. 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 [26] Preliminary Injunction, Terminate Motions

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re [26] Preliminary Injunction, Terminate Motions upon Defendants via website posting

CERTIFICATE OF SERVICE by COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. re [27] Order Dismissing/Closing Case, upon Defendants via Electronic Mail and via Website Posting

Plaintiff's MOTION for Clerk's Entry of Default as to THE INDIVIDUALS, BUSINESS ENTITIES AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A, ahaga78, ajm4134, akikonikkita04, angeang-34, arca4314, audriannwilliam0, billot54, bnrgggw, cenying, cfcx_79, chishunhong_luck, choyski, cmqy_98, creative_42, dalong_e-commerce2024, datongshiyeshangmao, ds5f46, ejyrher, elias5-4554, emepena_0, feishi-8494, gatoko, hailiang_fa, hjsdfn, hongkongnov_0, htx_43, huixiangzhuo677, hvpon94-5, ikuygb, imccl20, jennano71, joerw1695, kha-949587, lengshu-39, linhong31, loldeca0, lp53_53, luca-4537, luminouslens, oliver-4819, paula8272, positive007, re80160, rklryof, ronghua1, saiyu87, sheigh-2009, sherlan_02, soklat-42, steknou92, tangyachuow, tulelet, uhduas54, uiuwrg, vdcjdx30, vihicollect-first, vlxc_97, wenlishang, widewidepigtoycollection, wwkhjui, xuwenbo8433002, yuzi1-85, z35926, zf0_72, zha622-19, zhangchu_27, zhiyang808 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: Granting [31] Plaintiff's MOTION for Clerk's Entry of Default as to THE INDIVIDUALS, BUSINESS ENTITIES AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A, ahaga78, ajm4134, akikonikkita04, angeang-34, arca4314, audriannwilliam0, billot54, bnrgg filed by OAKLEY, INC., COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A. Signed by DEPUTY CLERK on 1/13/2024. See attached document for full details.

ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE: Accordingly, it is ORDERED AND ADJUDGED that Plaintiff must file one of the following two responses by January 28, 2025: Plaintiff's failure to file a Motion for Default Final Judgment or Notice of Joint Liability within the specified time will result in sanctions, including but not limited to, dismissal without prejudice as to these Defendants. Signed by Judge Melissa Damian on 1/14/2025. See attached document for full details.

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

Declaration of Jason 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 Default Final Judgment

Text of Proposed Order Default Final Judgment and Permanent Injunction

ORDER GRANTING PLAINTIFFS' MOTION FOR DEFAULT FINAL JUDGMENT [ECF NO. 34] granting [34] Motion for Default Judgment. Signed by Judge Melissa Damian on 4/4/2025. See attached document for full details.

DEFAULT FINAL JUDGMENT AND PERMANENT INJUNCTION in favor of COSTA DEL MAR, INC., LUXOTTICA GROUP S.p.A., OAKLEY, INC. against THE INDIVIDUALS, BUSINESS ENTITIES AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A. Signed by Judge Melissa Damian on 4/7/2025. See attached document for full details.