Case 5:21-cv-04272-EJD Document 31 Filed 07/02/21 Page 1 of 8
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
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` Case No. 5:21-cv-04272-EJD
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`ORDER GRANTING PLAINTIFFS CISCO
`SYSTEMS, INC. AND CISCO
`TECHNOLOGY, INC.’S MOTION FOR
`PRELIMINARY INJUNCTION
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`CISCO SYSTEMS, INC. and CISCO
`TECHNOLOGY, INC.,
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`Plaintiffs,
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`v.
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`WUHAN WOLON COMMUNICATION
`TECHNOLOGY CO., LTD. and WUHAN
`WOLON CLOUD NETWORK
`COMMUNICATION TECHNOLOGY CO.,
`LTD.,
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`Defendants.
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`Case No. 5:21-cv-04272-EJD
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`ORDER GRANTING CISCO’S MOTION FOR PRELIMINARY INJUNCTION
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`

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`Case 5:21-cv-04272-EJD Document 31 Filed 07/02/21 Page 2 of 8
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`On June 3, 2021, upon a motion by Plaintiffs Cisco Systems, Inc. and Cisco Technology,
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`Inc. (collectively, “Cisco”) (see ECF No. 5), the Court issued a Temporary Restraining Order
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`(“TRO”) and an Order to Show Cause (“OSC”) why a preliminary injunction should not also be
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`issued enjoining Defendants Wuhan Wolon Communication Technology Co., Ltd and Wuhan
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`Wolon Cloud Network Communication Technology Co., Ltd., and their owners, principals,
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`agents, officers, directors, members, servants, employees, successors, assigns, and all other
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`persons in concert and participation with them (collectively, the “Restrained Parties”) from actions
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`relating to their alleged counterfeiting and infringement of Cisco’s trademarks, among other
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`things, and enjoining financial institutions, eCommerce websites, domain name registrars, Internet
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`search engines, and common carriers (collectively, “Third Parties”) from providing related
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`services to Defendants, among other things. See ECF No. 24, attached and incorporated herein as
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`Exhibit A. In compliance with such Order, on June 28, 2021, Cisco served Defendants by email
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`with, among other things, the Complaint, Cisco’s Motion and supporting papers, and the Court’s
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`TRO and OSC as to Cisco, including notice of the requirement that Defendants respond to the
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`OSC by June 29, 2021 and notice of the hearing set for July 1, 2021. See ECF No. 29.
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`Despite receiving notice of the requirement to respond to the OSC, Defendants filed no
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`response.
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`The Court held a hearing on the OSC on July 1, 2021, at which Plaintiffs were represented
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`by Stephen Steinberg. Despite receiving notice of the hearing, Defendants failed to appear.
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`Having considered Cisco’s Motion and Memorandum in support thereof (see ECF No. 5),
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`the Declarations of the First, Second, and Third Witnesses in Support of Cisco’s Motion and
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`exhibits thereto (see ECF Nos. 11-13), and the arguments by Cisco’s counsel at the hearing on the
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`OSC on July 1, 2021, the Court hereby affirms its prior findings of fact and legal conclusions set
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`forth in the Court’s TRO. See ECF No. 24, attached and incorporated herein as Exhibit A. Thus,
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`for the reasons set forth in the Court’s TRO, the Court hereby issues a preliminary injunction
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`enjoining the Restrained Parties and the Third Parties as set forth below, pending entry of the final
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`judgment in this action.
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`Case No. 5:21-cv-04272-EJD
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`ORDER GRANTING CISCO’S MOTION FOR PRELIMINARY INJUNCTION
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`Case 5:21-cv-04272-EJD Document 31 Filed 07/02/21 Page 3 of 8
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`A.
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`Preliminary Injunction
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`Pending entry of the final judgment in this action, Defendants and their owners, principals,
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`agents, officers, directors, members, servants, employees, successors, assigns, and all other
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`persons in concert and participation with them (collectively, the “Restrained Parties”) shall be
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`restrained from:
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`1. Purchasing, selling, distributing, marketing, manufacturing, or otherwise using any of
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`the CISCO Marks (as defined below), whether counterfeit or authentic, or any marks
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`confusingly similar thereto in connection with the manufacture, sale, offer for sale,
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`distribution, advertisement, or any other use of counterfeit or authentic Cisco products.
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`The “CISCO Marks” are:
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`• “CISCO” (U.S. Trademark Reg. Nos. 1,542,339; 2,498,746; 3,709,076; 3,978,294;
`3,985,844; 3,990,147; 4,005,670)
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`•
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` (U.S. Trademark Reg. No. 3,759,451);
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`2. Using any logo, trade name, or trademark confusingly similar to any of the CISCO
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`Marks which may be calculated to falsely represent or which has the effect of falsely
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`representing that the services or products of any or all of the Restrained Parties or
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`others are sponsored by, authorized by, or in any way associated with Cisco;
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`3. Infringing any of the CISCO Marks;
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`4. Otherwise unfairly competing with Cisco in the manufacture, sale, offering for sale,
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`distribution, advertisement, or any other use of Cisco products;
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`5. Falsely representing Defendants as being connected with Cisco or sponsored by or
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`associated with Cisco or engaging in any act which is likely to cause the trade,
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`retailers, and/or members of the purchasing public to believe that any or all of the
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`Restrained Parties are associated with Cisco;
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`6. Using any reproduction, counterfeit, copy, or colorable imitation of any of the CISCO
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`Marks in connection with the publicity, promotion, sale, or advertising of counterfeit
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`Cisco products;
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`Case No. 5:21-cv-04272-EJD
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`ORDER GRANTING CISCO’S MOTION FOR PRELIMINARY INJUNCTION
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`Case 5:21-cv-04272-EJD Document 31 Filed 07/02/21 Page 4 of 8
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`7. Affixing, applying, annexing, or using in connection with the sale of any goods, a false
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`description or representation including words or other symbols tending to falsely
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`describe or represent such goods as being Cisco products and from offering such goods
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`in commerce;
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`8. Diluting any of the CISCO Marks;
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`9. Removing from its premises, or discarding, destroying, transferring, or disposing in
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`any manner any information, computer files, electronic files, business records
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`(including but not limited to e-mail communications), or other documents relating to
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`Defnedants’ assets and operations or relating in any way to the purchase, sale,
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`manufacture, offer for sale, distribution, negotiation, importation, advertisement,
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`promotion, or receipt of any products purporting to be Cisco; and
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`10. Assisting, aiding, or abetting any other person or business entity in engaging in or
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`performing any of the activities referred to in subparagraphs (1) through (9) above.
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`B.
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`Freezing Defendants’ Assets
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`Pending entry of the final judgment in this action, Defendants shall be restrained from
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`secreting any assets, and from transferring or conveying any assets held by, for, or on account of
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`any of the Restrained Parties, and a full accounting of the restrained assets shall be provided to
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`counsel for Cisco within three business days of receipt of this Order.
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`1. Pending entry of the final judgment in this action, all assets and funds held by, for, or
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`on account of any of the Restrained Parties, or in an account owned or controlled by
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`any of the Restrained Parties, or in an account as to which any of the Restrained Parties
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`has signature authority, shall be frozen and restrained, and a full accounting of the
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`restrained assets shall be provided to counsel for Cisco within three business days of
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`receipt of this Order.
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`2. Pending entry of the final judgment in this action, any bank, brokerage house, financial
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`institution, credit card association, merchant account provider, escrow service, savings
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`and loan association, payment provider, payment processing service provider, money
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`transmission service, third-party processor, or other financial institution (including, but
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`Case No. 5:21-cv-04272-EJD
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`ORDER GRANTING CISCO’S MOTION FOR PRELIMINARY INJUNCTION
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`Case 5:21-cv-04272-EJD Document 31 Filed 07/02/21 Page 5 of 8
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`not limited to, MasterCard, VISA, American Express, Discover, PayPal, Inc., Alipay,
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`Wish.com, Amazon Pay, WeChat Pay, and any correspondent, issuing, or member
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`bank or account) (collectively, “Payment Services”) holding any assets by, for, or on
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`account of, or any balance, payable, or receivable owed to or held on account of, any of
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`the Restrained Parties, or in an account as to which any of the Restrained Parties has
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`signature authority, including but not limited to China Construction Bank, CITIBANK
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`N.A., and AliPay, shall locate all accounts and funds, whether located inside or outside
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`the United States, connected to any Restrained Parties and be restrained from releasing
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`such funds until further order of this Court, and within three business days of receipt of
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`this Order shall provide to counsel for Cisco a full accounting of the restrained assets.
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`3. Pending entry of the final judgment in this action, any eCommerce Website, retailer,
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`wholesaler, fulfillment center, warehouse, or any business or individual that has any
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`money, property, or inventory owned by, or receivable owed to, any Restrained Party
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`shall hold such money, property, inventory, or receivable until further order of this
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`Court, and shall within three business days of receipt of this Order provide to counsel
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`for Cisco a full accounting of all money, property, inventory, and receivables being
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`held.
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`C.
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`eCommerce Websites
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`Pending entry of the final judgment in this action, any Internet store or online marketplace
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`platform, including, but not limited to, iOffer, eBay, AliExpress, Alibaba, Amazon, Wish.com,
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`Facebook, and Dhgate (collectively, “eCommerce Websites”) shall disable and be restrained from
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`providing any services or payment to any Restrained Party, currently or in the future, in relation to
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`any Cisco-marked product and/or product advertised using the CISCO Marks, including
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`fulfillment of any pending orders; transfer to Cisco’s control any seller identifications (including,
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`but not limited to, the seller identifications identified in Exhibit A to the Decl. of Third Witness,
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`ECF No. 8, pp. 11-18) associated with any of the Restrained Parties’ advertisement, offer for sale,
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`or sale of Cisco-marked products and/or using the CISCO Marks, pending final hearing and
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`determination of this action; disable and be restrained from displaying any advertisements used by
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`Case No. 5:21-cv-04272-EJD
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`Case 5:21-cv-04272-EJD Document 31 Filed 07/02/21 Page 6 of 8
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`or associated with any Restrained Party in connection with the advertisement, offer for sale, or
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`sale of Cisco-marked products or otherwise using the CISCO Marks; disable access to any
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`Restrained Party from any platform (including, but not limited to, direct, group, seller product
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`management, vendor product management, and brand registry platforms) of any listings and
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`associated images of Cisco-marked products or otherwise using the CISCO Marks (including, but
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`not limited to, any listings and associated images identified by the “parent” or “child” Amazon
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`Standard Identification Numbers (“ASIN”), and any other listings and images of products
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`associated with any “parent” or “child” ASIN linked to any Restrained Party or linked to any other
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`alias of a Restrained Party being used or controlled to offer for sale products using the CISCO
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`Marks); remove links to any online marketplace accounts on which Defendants advertise, offer for
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`sale, or sell Cisco-marked products and/or products advertised using the CISCO Marks; take all
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`steps necessary to prevent links to Defendants’ online marketplace accounts from displaying any
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`Cisco-marked product and/or product advertised using the CISCO Marks in search results; and
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`within three business days of receipt of this Order provide to counsel for Cisco a statement
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`certifying compliance with the requirements of this paragraph.
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`D.
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`Domain Names
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`Pending entry of the final judgment in this action:
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`1. Any registrar for any domain names owned, operated, or controlled by, or otherwise
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`associated with, any Restrained Party (including, but not limited to, wolonte.com)
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`(collectively, “Domain Names”), shall disable and be restrained from providing any
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`services to any Restrained Party, currently or in the future, in relation to any Cisco-
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`marked product and/or product advertised using the CISCO Marks; deposit with a
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`registrar of Cisco’s choosing the domain certificates of any domain names owned,
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`operated, or controlled by, or otherwise associated with, any Restrained Party pending
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`final hearing and determination of this action; be restrained from transferring use and
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`control of any of the Domain Names to any individual or entity other than a registrar of
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`Cisco’s choosing; take all steps necessary to prevent Defendants from displaying any
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`Cisco-marked product and/or product advertised using the CISCO Marks on any
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`Case No. 5:21-cv-04272-EJD
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`Case 5:21-cv-04272-EJD Document 31 Filed 07/02/21 Page 7 of 8
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`domain name in the registrar’s possession, custody, or control; and within three
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`business days of receipt of this Order provide to counsel for Cisco a statement
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`certifying compliance with the requirements of this paragraph.
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`2. The Restrained Parties shall be restrained from modifying control of or transferring use
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`and control of any of the Domain Names.
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`E.
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`Internet Search Engines
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`Pending entry of the final judgment in this action, any Internet search engine, web host,
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`sponsored search engine, or ad-word provider (including, but not limited to Google, Bing, Baidu,
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`and Yahoo) (collectively, “Internet Search Engines”) shall deindex, delist, or otherwise remove
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`from its index and search results any URL owned, controlled, or otherwise associated with any
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`Restrained Party’s advertisement, offer for sale, or sale of Cisco-marked products and/or products
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`advertised using the CISCO Marks (including, but not limited to, the URLs identified in Exhibit A
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`to the Decl. of Third Witness, ECF No. 8, pp. 11-18); disable and be restrained from providing
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`any services to any Restrained Party, currently or in the future, in relation to the advertisement,
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`offer for sale, or sale of Cisco-marked products and/or products advertised using the CISCO
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`Marks; disable and be restrained from displaying any advertisements used by or associated with
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`any Restrained Party in connection with the advertisement, offer for sale, or sale of Cisco-marked
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`products and/or otherwise using the CISCO Marks; remove links to any of Defendants’ online
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`marketplace accounts owned, operated, or controlled by, or otherwise associated with, any
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`Restrained Party in connection with the advertisement, offer for sale, or sale of Cisco-marked
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`products and/or products advertised using the CISCO Marks (including, but not limited to, the
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`URLs identified in Exhibit A to the Decl. of Third Witness, ECF No. 8, pp. 11-18); take all steps
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`necessary to prevent links to Defendants’ online marketplace accounts from displaying any Cisco-
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`marked product and/or product advertised using the CISCO Marks in search results; and within
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`three business days of receipt of this Order provide to counsel for Cisco a statement certifying
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`compliance with the requirements of this paragraph.
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`Case No. 5:21-cv-04272-EJD
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`ORDER GRANTING CISCO’S MOTION FOR PRELIMINARY INJUNCTION
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`Case 5:21-cv-04272-EJD Document 31 Filed 07/02/21 Page 8 of 8
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`F.
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`Common Carriers
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`Pending entry of the final judgment in this action, any person or company that transports or
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`provides transportation services (including, but not limited to, United Parcel Service a/k/a UPS,
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`FedEx, DHL, and any of their subsidiaries in the U.S. or abroad) (collectively, “Common
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`Carriers”) shall be restrained from fulfilling any shipments, accepting any shipments, or otherwise
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`providing any services to any of the Restrained Parties, and within three business days of receipt
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`of this Order shall provide to counsel for Cisco a statement certifying compliance with the
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`requirements of this paragraph.
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`G.
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`Sequestration and Inspection of Cisco-Marked Products and Products
`Advertised Using the CISCO Marks
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`Pending entry of the final judgment in this action:
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`1. The Restrained Parties shall sequester and deliver to counsel for Cisco all Cisco-
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`marked products and/or products advertised using the CISCO Marks in their inventory,
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`possession, custody, or control to be examined and held by Cisco until further order of
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`this Court.
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`2. Any eCommerce Website (as defined above) or Common Carrier shall sequester and
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`deliver to counsel for Cisco all Cisco-marked products and/or products advertised
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`using the CISCO Marks offered for sale by any Restrained Party that are in its
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`possession, custody, or control to be examined and held by Cisco until further order of
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`this Court.
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`H.
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`Expedited Discovery
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`Defendants, the Restrained Parties, and the Third Parties subject to the Court’s TRO and
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`preliminary injunction remain obligated to produce expedited discovery to Cisco as set forth in the
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`Court’s TRO (see ECF No. 24, attached and incorporated herein as Exhibit A), to the extent they
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`have not already done so.
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`IT IS SO ORDERED.
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`DATED: July 2, 2021
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`United States District Judge
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`Case No. 5:21-cv-04272-EJD
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`ORDER GRANTING CISCO’S MOTION FOR PRELIMINARY INJUNCTION
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