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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 1 of 41
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`Robert S. Murphy (AZ SB #013620)
`Law Offices of Robert S. Murphy, LLC
`1650 North First Avenue
`Phoenix, Arizona 85003-1124
`Bob@RMurphyLaw.com
`(602) 528-4728
`(866) 224-2188 – Fax
`
`Thomas W. Brooke (DC SB #430636) (Pro Hac Vice pending)
`Shardul S. Desai (DC SB #990299) (Pro Hac Vice pending)
`John C. Nix (TN SB #039268) (Pro Hac Vice pending)
`Holland & Knight LLP
`800 17th Street N.W., Suite 1100
`Washington, DC 20006
`Thomas.Brooke@HKLaw.com
`Shardul.Desai@HKLaw.com
`John.Nix@HKLaw.com
`(202) 469-5210
`(202) 955-5564 – Fax
`Attorneys for Plaintiff
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`UNITED STATES DISTRICT COURT
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`DISTRICT OF ARIZONA
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`Whaleco Inc.,
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`Civil Case No.
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`Plaintiff,
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`VERIFIED COMPLAINT
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`vs.
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`Jamya Arroyo; Soumen Halder, ABC
`Corporations 1-36; and John Does 1-36,
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`Defendants.
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`PLAINTIFF’S VERIFIED COMPLAINT
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`Plaintiff Whaleco Inc. (“Whaleco” or “Plaintiff”), by its undersigned attorneys,
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`alleges as follows, upon actual knowledge with respect to itself and its own acts, and upon
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`information and belief as to all other matters. Under Fed. R. Civ. P. 65(b), the facts of this
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`Complaint, as they pertain to Whaleco, are verified below.
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`NATURE OF THE CASE
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`1.
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`This is an in rem action against the domain names listed in Exhibit 1, Jamya
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`Arroyo, Soumen Halder, ABC Corporations 1-36, and John Does 1-36, for trademark
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`counterfeiting, trademark infringement, trademark dilution, false designation of origin, and
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 2 of 41
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`unfair competition under the Lanham Act; trademark dilution under Arizona Statute Section
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`44-1448.01; and trademark infringement and unfair competition under Arizona common
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`law.
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`2. Whaleco brings this action because Jamya Arroyo, Soumen Halder, ABC
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`Corporations 1-36, and John Does 1-36 (collectively “Defendants”) are (a) using the
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`federally registered TEMU trademark, or variations thereof, to dupe or otherwise deceive
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`people into believing Defendants’ domain names and resultant websites are associated with,
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`endorsed by, or otherwise affiliated with Whaleco; (b) operating a redirect scheme whereby
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`Defendants’ domain names redirect unsuspecting consumers to websites that display,
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`without authorization, the federally registered TEMU trademark, or variations thereof;
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`and/or (c) using the Domain Names as part of a phishing campaign that uses, without
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`authorization, the TEMU Marks.1
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`3.
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`Defendants have registered the domain names listed in Exhibit 1 in bad faith,
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`and are operating domain names and resultant websites that (a) directly utilize or display,
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`without authorization, Plaintiff’s registered TEMU marks, or other marks confusingly
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`similar thereto; (b) redirect consumers to websites that display, without authorization,
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`Plaintiff’s registered TEMU marks; and/or (c) use the TEMU marks as part of a phishing
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`campaign, all with the specific intent to trade off the goodwill associated with Plaintiff’s
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`registered TEMU mark and to confuse consumers and fraudulently profit from Plaintiff’s
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`trademark rights.
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`4.
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`Consequently, the domains included at Exhibit 1 should be immediately
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`canceled, disabled and/or transferred to Whaleco to protect the public and the goodwill that
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`Whaleco worked hard to successfully build in its marks and branding. Moreover, because
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`Defendants’ associated and resultant websites are being used to perpetuate a fraud harmful
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`1 Phishing is a fraudulent practice of sending some communication purporting to be from a
`reputable company in order to induce individuals to take some action that results in the
`individual being defrauded.
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 3 of 41
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`to consumers and irreparably damaging to Whaleco’s reputation and goodwill, they should
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`also be immediately canceled and disabled.
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`THE PARTIES
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`5.
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`Whaleco Inc. d/b/a Temu is a Delaware corporation with its principal place of
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`business at 31 Saint James Ave., Suite 355, Boston, Massachusetts 02116-4101.
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`6.
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`Upon information and belief, Defendant Jamya Arroyo is a Massachusetts
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`resident who registered the Internet domain name concorporarius.com on June 5, 2023,
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`through the domain name registrar Namecheap and is targeting consumers nationwide.
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`7.
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`Upon information and belief, Defendant Soumen Halder is the registered
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`owner of the Internet domain name instalacioneslyl.com which was registered with PDR
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`Ltd. d/b/a PublicDomainRegistry.com on December 4, 2023. Soumen Halder has a listed
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`address of Ramjibanpur, PO-RC Thakurani in Kolkata, India and an email address of
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`meneagard06@gmail.com. Upon information and belief, Defendant Soumen Halder
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`operates the Internet domain name instalacioneslyl.com and the resultant website to target
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`consumers in Arizona.
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`8.
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`Defendant ABC Corporation 1 and/or John Doe 1 has registered and is using
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`offervault.com, an Internet domain name initially registered on April 11, 2007 through the
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`domain name registrar Namecheap, Inc. ABC Corporation 1 and/or John Doe 1 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`9.
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`Defendant ABC Corporation 2 and/or John Doe 2 has registered and is using
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`livingway.uk.com, an Internet domain name registered on March 14, 2023, through the
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`domain name registrar Namecheap, Inc. ABC Corporation 2 and/or John Doe 2 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`10. Defendant ABC Corporation 3 and/or John Doe 3 has registered and is using
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`gjgarea.eu.com, an Internet domain name registered on June 12, 2023, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 3 and/or John Doe 3 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 4 of 41
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`11. Defendants ABC Corporation 4 and/or John Doe 4 has registered and is using
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`accinate.com, an Internet domain name registered on March 16, 2023, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 4 and/or John Doe 4 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`12. Defendant ABC Corporation 5 and/or John Doe 5 has registered and is using
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`bureaty.com, an Internet domain name registered on April 17, 2023, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 5 and/or John Doe 5 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`13.
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`Defendants ABC Corporation 6 and/or John Doe 6 has registered and is using
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`zindashmap.one, an Internet domain name registered on October 31, 2022, through the
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`domain name registrar Namecheap, Inc. ABC Corporation 6 and/or John Doe 6 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`14.
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`Defendants ABC Corporation 7 and/or John Doe 7 has registered and is using
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`sbarghatjbar.store, an Internet domain name registered on May 23, 2023, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 7 and/or John Doe 7 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`15.
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`Defendants ABC Corporation 8 and/or John Doe 8 has registered and is using
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`seocler.com, an Internet domain name registered on September 27, 2022, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 8 and/or John Doe 8 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`16.
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`Defendants ABC Corporation 9 and/or John Doe 9 has registered and is using
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`souksa.com, an Internet domain name registered on December 23, 2022, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 9 and/or John Doe 9 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`17.
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`Defendants ABC Corporation 10 and/or John Doe 10 has registered and is using
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`individuct.org.uk, an Internet domain name registered on April 30, 2022, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 10 and/or John Doe 10 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 5 of 41
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`18.
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`Defendants ABC Corporation 11 and/or John Doe 11 has registered and is using
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`sebestshop.com, an Internet domain name registered on October 3, 2023, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 11 and/or John Doe 11 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`19.
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`Defendants ABC Corporation 12 and/or John Doe 12 has registered and is using
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`blizzardblog.co.uk, an Internet domain name registered on July 2, 2023, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 12 and/or John Doe 12 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`20.
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`Defendants ABC Corporation 13 and/or John Doe 13 has registered and is using
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`herzoghof.com, an Internet domain name registered on September 27, 2023, through the
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`domain name registrar Namecheap, Inc. ABC Corporation 13 and/or John Doe 13 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`21.
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`Defendants ABC Corporation 14 and/or John Doe 14 has registered and is using
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`kuehnhomes.com, an Internet domain name registered on September 27, 2023, through the
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`domain name registrar Namecheap, Inc. ABC Corporation 14 and/or John Doe 14 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`22.
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`Defendants ABC Corporation 15 and/or John Doe 15 has registered and is using
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`hooksnet.com, an Internet domain name registered on November 6, 2023, through the
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`domain name registrar Namecheap, Inc. ABC Corporation 15 and/or John Doe 15 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`23.
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`Defendants ABC Corporation 16 and/or John Doe 16 has registered and is using
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`allyoureuro.co.uk, an Internet domain name registered on June 6, 2022, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 16 and/or John Doe 16 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`24.
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`Defendants ABC Corporation 17 and/or John Doe 17 has registered and is using
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`gmutelework.com, an Internet domain name registered on September 15, 2023, through the
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`domain name registrar Namecheap, Inc. ABC Corporation 17 and/or John Doe 17 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 6 of 41
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`25.
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`Defendants ABC Corporation 18 and/or John Doe 18 has registered and is using
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`intls.eu.com, an Internet domain name registered on October 29, 2023, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 18 and/or John Doe 18 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`26.
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`Defendants ABC Corporation 19 and/or John Doe 19 has registered and is using
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`tikpotkick.com, an Internet domain name registered on November 22, 2023, through the
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`domain name registrar Namecheap, Inc. ABC Corporation 19 and/or John Doe 19 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`27.
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`Defendants ABC Corporation 20 and/or John Doe 20 has registered and is using
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`kbdrun.net, an Internet domain name registered on February 17, 2021, through the domain
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`name registrar Namecheap, Inc. ABC Corporation 20 and/or John Doe 20 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`28.
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`Defendants ABC Corporation 21 and/or John Doe 21 has registered and is using
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`oftopsurvey.com, an Internet domain name registered on December 5, 2023, through the
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`domain name registrar Namecheap, Inc. ABC Corporation 21 and/or John Doe 21 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`29.
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`Defendants ABC Corporation 22 and/or John Doe 22 has registered and is using
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`zibelring.ink, an Internet domain name registered on December 12, 2023, through the
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`domain name registrar Namecheap, Inc. ABC Corporation 22 and/or John Doe 22 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`30.
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`Defendants ABC Corporation 23 and/or John Doe 23 has registered and is using
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`kodomaniacy.com, an Internet domain name registered on April 26, 2023, through the
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`domain name registrar Namecheap, Inc. ABC Corporation 23 and/or John Doe 23 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`31.
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`Defendants ABC Corporation 24 and/or John Doe 24 has registered and is using
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`whichtopsurvey.com, an Internet domain name registered on December 5, 2023, through the
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`domain name registrar Namecheap, Inc. ABC Corporation 24 and/or John Doe 24 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 7 of 41
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`32.
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`Defendants ABC Corporation 25 and/or John Doe 25 has registered and is using
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`geschenke-de.online, an Internet domain name registered on December 6, 2023, through the
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`domain name registrar Go Daddy, LLC. ABC Corporation 25 and/or John Doe 25 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`33.
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`Defendants ABC Corporation 26 and/or John Doe 26 has registered and is using
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`hotdeals.com, an Internet domain name registered on January 16, 1996, through the domain
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`name registrar Go Daddy, LLC. ABC Corporation 26 and/or John Doe 26 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`34.
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`Defendants ABC Corporation 27 and/or John Doe 27 has registered and is using
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`educations.com.de, an Internet domain name most recently updated on December 17, 2023,
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`upon information and belief, is hosted by Go Daddy, LLC. Upon information and belief,
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`ABC Corporation 27 and/or John Doe 27 is using a privacy service that shields their true
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`identity. See Exhibit 2.
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`35.
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`Defendants ABC Corporation 28 and/or John Doe 28 has registered and is using
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`eticspin.com, an Internet domain name registered on December 11, 2023, through the
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`domain name registrar Name.com, Inc. ABC Corporation 28 and/or John Doe 28 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`36.
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`Defendants ABC Corporation 29 and/or John Doe 29 has registered and is using
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`essentialdailyneed.net, an Internet domain name registered on May 22, 2023, through the
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`domain name registrar Tucows Domains Inc. ABC Corporation 29 and/or John Doe 29 is
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`using a privacy service that shields their true identity. See Exhibit 2.
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`37.
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`Defendants ABC Corporation 30 and/or John Doe 30 has registered and is using
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`businessuniversitys.com, an Internet domain name registered on June 3, 2023, through the
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`domain name registrar Internet Domain Service BS Corp. Upon information and belief, ABC
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`Corporation 30 and/or John Doe 30 is using a privacy service that shields their true identity.
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`See Exhibit 2.
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`38.
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`Defendants ABC Corporation 31 and/or John Doe 31 has registered and is using
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`lucidtera.com, and Internet domain name registered on December 15, 2023, through the
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 8 of 41
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`domain name registrar Internet Domain Service BS Corp. ABC Corporation 31 and/or John
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`Doe 31 is using a privacy service that shields their true identity. See Exhibit 2.
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`39.
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`Defendants ABC Corporation 32 and/or John Doe 32 has registered and is using
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`biogipuzkoa.top, and Internet domain name registered on August 3, 2023 through the domain
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`name registrar Namecheap, Inc. ABC Corporation 32 and/or John Doe 32 is using a privacy
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`service that shields their true identity. See Exhibit 2.
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`40.
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`Defendants ABC Corporation 33 and/or John Doe 33 has registered and is using
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`valleyhospitalcure.com, an Internet domain name registered on November 24, 2022, through
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`the domain name registrar Dynadot Inc. ABC Corporation 33 and/or John Doe 33 is using a
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`privacy service that shields their true identity. See Exhibit 2.
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`41.
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`Defendants ABC Corporation 34 and/or John Doe 34 has registered and is using
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`kljb-puerkwang.de, an Internet domain name that, upon information and belief, is hosted by
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`WorldStream B.V. Upon information and belief, ABC Corporation 34 and/or John Doe 34
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`is using a privacy service that shields their true identity. See Exhibit 2.
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`42.
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`Defendants ABC Corporation 35 and/or John Doe 35 has registered and is using
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`list-manage.com, and Internet domain name registered on April 18, 2006, and renewed on
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`August 23, 2023, through the domain name registrar Gandi SAS. ABC Corporation 35
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`and/or John Doe 35 is using a privacy service that shields their true identity. See Exhibit 2.
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`43.
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`Defendants ABC Corporation 36 and/or John Doe 36 has registered and is using
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`ev-trainingsolutions.com, an Internet domain name registered on June 9, 2023, through the
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`domain name registrar Cosmotown, Inc., ABC Corporation 36 and/or John Doe 36 is using
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`a privacy service that shields their true identity. See Exhibit 2.
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`44.
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`ABC Corporation 1-36 and/or John Doe 1-36 are corporations or individuals of
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`unknown residence and citizenship. Whaleco does not know any of the identities or locations
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`for these defendants at this time and has been unable to discover them through reasonable due
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`diligence. Whaleco therefore sues ABC Corporations 1-36 and/or John Does 1-36 by fictitious
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`names and believes that each is an actual person or entity involved in the unlawful violation of
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`Whaleco’s intellectual property rights and is legally responsible for the events and injury to
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 9 of 41
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`Whaleco alleged here. Whaleco will seek leave to amend this Complaint when the identities of
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`ABC Corporations 1-36 and John Does 1-36 have been discovered and revealed.
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`JURISDICTION AND VENUE
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`45.
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`This action arises under the federal Trademark Act, 15 U.S.C. § 1051, et. seq.,
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`and under Arizona statutory and common law. This Court has subject matter jurisdiction
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`over this action pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338(a) and (b).
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`46.
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`This Court has in rem jurisdiction over the domains registered to ABC
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`Corporations 1-27 and ABC Corporation 32, along with John Does 1-27 and John Doe 32
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`pursuant to 15 U.S.C. § 1125(d)(2)(A). Whaleco, through due diligence, has been unable to
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`find a person or entity who would have been a defendant because the identity of the registrant
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`of these domain names is concealed by privacy services. Accordingly, under 15 U.S.C.
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`§ 1125(d)(2)(C), because the registrars of the domain names—Namecheap and Go Daddy—
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`are located in this District, the situses of the domains are in this District.
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`47.
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`In accordance with 15 U.S.C. § 1125(d)(2)(A)(ii)(II), Whaleco will give notice
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`of the violation of its rights and its intent to proceed in rem to the postal and e-mail addresses
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`set forth in the WHOIS registration records for the domains.
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`48.
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`Jamya Arroyo, ABC Corporations 1-24, ABC Corporation 32, John Does 1-24,
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`and/or John Doe 32 consented to jurisdiction in this District when they entered the
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`registration agreement with the domain name registrar Namecheap. See Exhibit 3.
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`49.
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`This Court has general personal jurisdiction over Soumen Halder, ABC
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`Corporations 25-36, and/or John Does 25-36 based on their continuous and systematic
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`contacts with Arizona through deliberate and continuous marketing, distribution, and
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`targeting of Arizona consumers using the domains at issue registered to Soumen Halder and
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`each respective ABC Corporation and/or John Doe, all of which bear and display infringing
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`TEMU Marks (as defined below).
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`50.
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`This Court has general personal jurisdiction over Soumen Halder, ABC
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`Corporations 25-36 and/or John Does 25-36 because these respective defendants have
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`continuously and systematically solicited purchases, through either redirect spam clicking
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`schemes, phishing campaign, or other direct targeted advertising and solicitations, from
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`paying Arizona residents while employing identical, or otherwise confusingly similar
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`variations of, the TEMU Marks.
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`51.
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`This Court, on information and belief, has specific personal jurisdiction over
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`Jamya Arroyo, Soumen Halder, ABC Corporations 1-36 and/or John Does 1-36 because (1)
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`the respective defendants have solicited purchases from paying consumers residing in
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`Arizona through the use of the domains listed above and in Exhibit 1, along with each of
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`the domains’ respective, resultant websites that display the TEMU Marks without
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`authorization; (2) the claims asserted herein arise from the respective defendants’
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`aforementioned conduct and contacts; and (3) the exercise of personal jurisdiction is
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`reasonable.
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`52.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and 15 U.S.C.
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`§ 1125(d)(2) because the properties—the domain names being used to engage in the unlawful
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`conduct alleged here—are located in this District.
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`WHALECO’S SERVICES AND TEMU TRADEMARKS
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`53. Whaleco operates a closed-loop e-commerce platform that connects consumers
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`with a vast array of affordable, quality products—including clothing, consumer goods,
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`cosmetics, appliances, electronics, and more—with third-party sellers, manufacturers, and
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`brands around the world (the “TEMU Platform”).
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`54.
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`The TEMU Platform launched in the United States in September 2022 under
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`the TEMU name and trademark, including in the logo format shown below (the “TEMU
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`Marks”). Whaleco has used the TEMU Marks continuously since that time to identify the
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`source and origin of its TEMU Platform and accompanying services.
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 11 of 41
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`55.
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`The TEMU Platform is available online, aptly at www.temu.com (screenshot
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`below), and via the TEMU app, which is downloadable on both the Apple App Store and the
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`Google Play Store (screenshots below).
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 12 of 41
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`56. Whaleco spends a substantial amount of money in marketing and promoting
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`the TEMU Marks by working with key influencers and content creators, advertising on social
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`media, and purchasing commercial ad spots, including its epic 2023 “Shop Like a Billionaire”
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`Super Bowl ad (screenshots below), which has been viewed more than 895 million times. See
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`Exhibit 4. According to one source, the 2023 Super Bowl was watched by over 115 million
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`viewers in the United States, making it not only the most-watched Super Bowl in history, but
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`also the most popular U.S. television program of all time. See Exhibit 5.
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 13 of 41
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`57.
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`The TEMU Platform has enjoyed tremendous success in the U.S. market.
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`Today, slightly more than one year after its launch, the TEMU app has surpassed 100 million
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`downloads on the Google Play Store alone and has been one of the most downloaded free
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`apps in both the Google Play Store and the Apple App Store. See Exhibit 6.
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`58.
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`In addition to marketing, Whaleco’s success is the result of its commitment to
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`offering a quality shopping experience to its consumers on the TEMU Platform. Whaleco has
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`invested, and continues to invest, a substantial amount of money in building an online
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`infrastructure that is convenient and complete for sellers and consumers alike.
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`59.
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`As a result of the extensive public exposure of the TEMU Marks and the
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`enormous success of the TEMU Platform, the TEMU Marks have become well-known and
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`embody the enormous goodwill that Whaleco has worked hard to build. Whaleco has been
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`granted an exclusive license by Five Bells Limited, giving Whaleco the right and authority to
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`use and enforce the TEMU Marks, including the following valid and subsisting U.S.
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`trademark registrations, which cover a variety of online marketplace and shopping services:
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`13
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` /
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 14 of 41
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`Mark
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`TEMU
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`TEMU
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`Reg. No.
`Reg. Date
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`Reg. No.
`7145476
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`08-22-2023
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`Reg. No.
`7157165
`09-05-2023
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`Reg. No.
`7157220
`09-05-2023
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`Reg. No.
`7164306
`09-12-2023
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`Products/Services
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`Provision of an online marketplace for buyers
`and sellers of goods and services in Class 35.
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`Various downloadable software for online
`shopping in Class 9.
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`Various downloadable software for online
`shopping in Class 9.
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`Provision of an online marketplace for buyers
`and sellers of goods and services in Class 35.
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`Printouts of these registrations, taken from the U.S. Patent and Trademark Office’s online
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`database, are attached as Exhibit 7.
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`60. Whaleco is also the exclusive licensee authorized to use and enforce the
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`following federal trademark applications owned by Five Bells Limited for the TEMU
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`trademark and logo covering a variety of services in Classes 35, 36, 38, 39, 41, 42, and 45:
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`Mark
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`TEMU
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`TEMU
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`Serial No.
`App. Date
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`Serial No.
`97543570
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`08-10-2022
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`
`
`
`Serial No.
`97543542
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`08-10-2022
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`
`Products/Services
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`Among other things, Software as a service
`(SAAS) services featuring software for online
`shopping in Class 42.
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`Among other things, advertising and
`marketing services in Class 35.
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 15 of 41
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`Mark
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`TEMU
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`TEMU
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`TEMU
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`TEMU
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`Serial No.
`App. Date
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`Serial No.
`97543555
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`08-10-2022
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`Serial No.
`97575694
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`09-01-2022
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`Serial No.
`97575712
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`09-01-2022
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`Serial No.
`97736381
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`12-29-2022
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`Serial No.
`97736385
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`12-29-2022
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`Serial No.
`97736391
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`12-29-2022
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`Products/Services
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`Various transmission services in Class 38.
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`Various transmission services in Class 38.
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`Among other things, Software as a service
`(SAAS) services featuring software for online
`shopping in Class 42.
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`Various banking and bill payment services in
`Class 36.
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`Various services for the transportation of
`goods in Class 39.
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`Various entertainment services in Class 41.
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 16 of 41
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`Mark
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`TEMU
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`Serial No.
`App. Date
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`Serial No.
`97736396
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`12-29-2022
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`Serial No.
`97736411
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`12-29-2022
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`Serial No.
`97736419
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`12-29-2022
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`Serial No.
`97736428
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`12-29-2022
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`Serial No.
`97736435
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`12-29-2022
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`Products/Services
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`Various services, including online social
`networking services, for the purpose of online
`shopping in Class 45.
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`Various banking and bill payment services in
`Class 36.
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`Various services for the transportation of
`goods in Class 39.
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`Various entertainment services in Class 41.
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`Various services, including online social
`networking services, for the purpose of online
`shopping in Class 45.
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 17 of 41
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`Mark
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`TEMU
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`Serial No.
`App. Date
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`
`Serial No.
`97889848
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`04-14-2023
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`
`Products/Services
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`Online retail store services and provision of
`an online marketplace for buyers and sellers
`of goods and services in Class 35.
`
`Printouts of these applications, taken from the U.S. Patent and Trademark Office’s online
`
`database, are attached as Exhibit 8.
`
`THE INFRINGING DOMAIN NAMES AND
`DEFENDANTS’ ASSOCIATED WEBSITES
`
`61.
`
`Concorporarius.com; offervault.com;
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`livingway.uk.com; gjgarea.eu.com;
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`accinate.com; bureaty.com; zindashmap.one; sbarghatjbar.store; seocler.com; souksa.com;
`
`individuct.org.uk; sebestshop.com; blizzardblog.co.uk; herzoghof.com; kuehnhomes.com;
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`hooksnet.com; allyoureuro.co.uk; gmutelework.com;
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`intls.eu.com;
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`tikpotkick.com;
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`kbdrun.net; oftopsurvey.com; zibelring.ink; whichtopsurvey.com; biogipuzkoa.top, and
`
`kodomaniacy.com are Internet domain names at issue in this Verified Complaint that (a) all
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`share the same domain name registrar, namely, Namecheap Inc.; (b) all but one employ the
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`use of a privacy service, and (c) all display, without authorization, the TEMU Marks on the
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`domain names’ resultant websites in violation of Plaintiff’s well-established trademark
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`rights.
`
`62.
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`There are additional Internet domain names at issue in this Verified Complaint.
`
`Geschenke-de.online; educations.com.de; and hotdeals.com are all (a) registered with the
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`same domain name registrar, namely, Go Daddy LLC; (b) employ the use of a privacy
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`service; and (c) display, without authorization, the TEMU Marks on the domain names’
`
`resultant websites in violation of Plaintiff’s well-established trademark rights.
`
`63.
`
`Kljb-puerkwang.de is an additional Internet domain name at issue in this
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`Verified Complaint which, as referenced above, (a) appears to be hosted with WorldStream
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`B.V.; (b) employs the use of a privacy service; and (c) displays, without authorization, the
`
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`Case 2:24-cv-00036-SPL Document 1 Filed 01/05/24 Page 18 of 41
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`TEMU Marks on the domain name’s resultant website, in violation of Plaintiff’s well-
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`established trademark rights.
`
`64.
`
`Valleyhospitalcure.com is an additional Internet domain name at issue in this
`
`Verified Complaint which, as referenced above, is registered with Dynadot Inc., employs
`
`the use of a privacy service, and displays, without authorization, the TEMU Marks on the
`
`domain name’s resultant website, in violation of Plaintiff’s well-established trademark
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`rights.
`
`65.
`
`Businessuniversitys.com and lucidtera.com are additional Internet domain
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`names at issue in this Verified Complaint which (a) are all registered with Internet Domain
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`Service BS Corp.; (b) employ the use of a privacy service; and (c) display, without
`
`authorization, the TEMU Marks on the domain names’ resultant websites