2026-cv-02468

COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. (Filing Fee $ 405.00, Receipt Number ANYSDC-32605384)Document filed by Lionel Andres Messi Cuccittini, LMGM, S.L.U.

(Exhibit 1 to Complaint - Trademark)

CIVIL COVER SHEET filed.

NOTICE OF APPEARANCE by Christopher Tom on behalf of LMGM, S.L.U., Lionel Andres Messi Cuccittini.

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Thimaci, S.L. for LMGM, S.L.U. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini.

AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.

PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini. Related Document Number: 1. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.

MEMORANDUM OF LAW in Support re: 6 Proposed Order to Show Cause With Emergency Relief. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini.

DECLARATION of Matthew L. Schwartz in Support re: 6 Proposed Order to Show Cause With Emergency Relief. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini.

Exhibit 1 to Declaration of Matthew L. Schwartz (OECD Report - Mapping Global Trade in Fakes 2025)

Exhibit 2 to Declaration of Matthew L. Schwartz (Intellectual Property Rights Seizure Report - FY 2024)

(Exhibit 3 to Declaration of Matthew L. Schwartz (Hague Convention on Service Abroad))

DECLARATION of Hou Yingchun in Support re: 6 Proposed Order to Show Cause With Emergency Relief. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini.

DECLARATION of Dominik Fourne in Support re: 6 Proposed Order to Show Cause With Emergency Relief. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini.

(Exhibit 1 to Declaration of Dominik Fourne (Trademark))

MOTION to Seal Schedule A to the Complaint, Exhibit 1 to the Declaration of Hou Yingchun, and Exhibit 2 to the Declaration of Dominik Fourne. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini.

MOTION for Leave to File Excess Pages. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini.

PROPOSED ORDER. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini. Related Document Number: 13. Proposed Order to be reviewed by Clerk's Office staff.

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions.

Magistrate Judge Gabriel W. Gorenstein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.

Case Designated ECF.

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 6 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form.

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 13 Proposed Order was reviewed and approved as to form.

AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF).

ORDER granting 11 Letter Motion to Seal Schedule A to the Complaint, Exhibit 1 to the Declaration of Hou Yingchun, and Exhibit 2 to the Declaration of Dominik Fourne. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order)

***SEALED***NOTICE of Filing of Schedule A to the Complaint re: 1 Complaint. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini. Motion or Order to File Under Seal: 11.

***SEALED***DECLARATION of Hou Yingchun in Support re: 6 Proposed Order to Show Cause With Emergency Relief. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini. Motion or Order to File Under Seal: 11.

(Exhibit 1 - Chart of Contact Information)

***SEALED***DECLARATION of Dominik Fourne in Support re: 6 Proposed Order to Show Cause With Emergency Relief. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini. Motion or Order to File Under Seal: 11.

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NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Nano Nova, Nimbus Knit, Oum, XmTide. Document filed by Lionel Andres Messi Cuccittini, LMGM, S.L.U. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).

PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini. Related Document Number: 1. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.

AMENDED MEMORANDUM OF LAW in Support re: 20 Proposed Order to Show Cause With Emergency Relief. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini.

DECLARATION of Hou Yingchun in Support re: 20 Proposed Order to Show Cause With Emergency Relief. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini.

AMENDED MOTION to Seal Amended Schedule A to the Complaint, Exhibit 2 to the Declaration of Dominik Fourne, and Exhibit 1 to Amended Declaration of Hou Yingchun. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini.

***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 19 Notice of Voluntary Dismissal, was reviewed and referred to Judge Edgardo Ramos for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.

***SEALED***NOTICE of Amended Schedule A to the Complaint re: 1 Complaint. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini. Motion or Order to File Under Seal: 23.

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 20 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form.

Order on Motion to Seal

***SEALED***DECLARATION of Hou Yingchun in Support re: 20 Proposed Order to Show Cause With Emergency Relief. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini. Motion or Order to File Under Seal: 23.

(Exhibit 1 - Chart of Contact Information)

ORDER granting 23 Letter Motion to Seal Amended Schedule A to the Complaint, Exhibit 2 to the Declaration of Dominik Fourne, and Exhibit 1 to Amended Declaration of Hou Yingchun. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order)

PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS TO THE COURT AND ALL INTERESTED PARTIES: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 4l(a)(1)(A)(i), Plaintiffs Lionel Andres Messi Cuccittini and LMGM, S.L.U. voluntarily dismiss the following Defendants listed on Schedule A to the Complaint with prejudice: Oum, XmTide, Nano Nova and Nimbus Knit terminated. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/10/2026)

ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Based on the foregoing findings of fact and conclusions of law, Plaintiffs' Amended Application is hereby GRANTED and it is ORDERED as follows: 1. As sufficient causes have been shown, Defendants are temporarily enjoined and restrained from engaging in any of the following conduct pending the return date of the Amended Application as referenced below: a. Using the MESSI Trademark or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any Counterfeit Products; b. Passing off, inducing, or enabling others to sell or pass off any product as a genuine MESSI Product that is not, in fact, Plaintiffs MESSI Product and/or not produced under the authorization, control, or supervision of Plaintiffs and approved by Plaintiffs for sale under the MESSI Trademarks; c. Committing any acts calculated to cause consumers to believe that Defendants Counterfeit Products are those sold under the authorization, control, or supervision of Plaintiffs, or are sponsored by, approved by, or otherwise connected with Plaintiffs; d. Further infringing the MESSI Trademark and damaging Plaintiffs goodwill; e. Shipping, delivering, holding for sale, transferring, or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner,products or inventory not manufactured by or for Plaintiffs, nor authorized by Plaintiffs to be sold or offered for sale, and which bear(s) the MESSITrademark, any reproductions, counterfeit copies, or colorable imitations thereof. The Clerk of Court is directed to issue a single original summons in the name of THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT that shall apply to all Defendants. Plaintiffs shall deposit with the Court Five Thousand Dollars ($5,000.00), either by cash, company check, cashiers check, or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Amended Schedule A to the Complaint, Exhibit 2 to the Declaration of DominikFourn, and Exhibit 1 to the Amended Declaration of Hou Yingchun shall be sealed and remain sealed until Defendants' Accounts and Defendants' Assets are restrained. Plaintiffs shall file unsealed versions of Amended Schedule A to the Complaint, Exhibit 2 to the Declaration of Dominik Fourn, and Exhibit 1 to the Amended Declaration of Hou Yingchun using the CM/ECF system prior to the expiration of this Order. (And as further set forth herein.) SO ORDERED. Show Cause Hearing set for 4/23/2026 at 02:00 PM before Judge Edgardo Ramos. Show Cause Response due by 4/24/2026. (Signed by Judge Edgardo Ramos on 4/10/2026) (jca) Transmission to Civil Case Openings Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.

Cashiers Remark

SUMMONS RETURNED EXECUTED Summons and Complaint, served. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint served on 4/18/2026, answer due 5/11/2026. Document filed by Lionel Andres Messi Cuccittini; LMGM, S.L.U.

MOTION for Katie Kavanaugh to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-32733568. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by LMGM, S.L.U., Lionel Andres Messi Cuccittini.

Affidavit Declaration of Katie Kavanaugh

Exhibit Certificate of Good Standing

Proposed Order Granting Admission Pro Hac Vice

ORDER granting [30] Motion for Katie Kavanaugh to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order)

Minute Entry for proceedings held before Judge Edgardo Ramos: Show Cause Hearing held on 4/23/2026. Plaintiff's counsel present. Neither Defendants nor counsel for Defendants present. For the reasons stated on the record, Plaintiff's motion for preliminary injunction is granted.

PRELIMINARY INJUNCTION ORDER: NOW THEREFORE, on this 23rd day of April, 2026, this Court ORDERSthat: 1. Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be temporarily enjoined and restrained from: a. Using Plaintiffs' Trademark or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any Counterfeit Products; b. Passing off, inducing, or enabling others to sell or pass off any product as Plaintiffs' genuine product that is not, in fact, a genuine product and/or not produced under the authorization, control, or supervision of Plaintiffs and approved by Plaintiffs for sale using Plaintiffs'Trademark. 10. Plaintiffs Amended Schedule A to the Complaint, Exhibit 1 to the Amended Declaration of Hou Yingchun, and Exhibit 2 to the Declaration of Dominik Fourne shall become unsealed. 11. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two days' notice to Plaintiffs or on shorter notice as set by this Court. 12. The five thousand dollars ($5,000.00) bond posted by Plaintiffs shall remain withthe Court until a final disposition of this case or until this Preliminary Injunction is terminated. (And as further set forth herein.) (Signed by Judge Edgardo Ramos on 4/23/2026)

Transmission to Finance Unit (Cashiers). Transmitted re: [32] Preliminary Injunction, to the Finance Unit (Cashiers) for case processing.