Case 0:23-cv-60780-BB Document 181 Entered on FLSD Docket 12/11/2023 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`Case No. 23-cv-60780-BLOOM/Valle
`
`
`CREELED, INC.,
`
`
`Plaintiff,
`
`v.
`
`THE INDIVIDUALS, PARTNERSHIPS AND
`UNINCORPORATED ASSOCIATIONS
`IDENTIFIED ON SCHEDULE “A,”
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
` /
`
`FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
`
`THIS CAUSE comes before the Court on the Plaintiff’s Motion for Entry of Final Default
`
`Judgment, ECF No. [178] (“Motion”). The Court granted the Motion in a separate Order. Pursuant
`
`to Federal Rule of Civil Procedure 58(a), the Court enters this separate final judgment. Accordingly,
`
`it is ORDERED AND ADJUDGED that Final Default Judgment is entered in favor of the Plaintiff
`
`CreeLED, Inc. (“Plaintiff”) and against the Defendants listed in the document filed at docket entry
`
`178-1 (herein, “Defendants”) as follows.
`
`I.
`
`PERMANENT INJUNCTIVE RELIEF
`
`1. The Defendants and their officers, directors, employees, agents, subsidiaries,
`
`distributors, and all persons acting in concert and participation with the Defendants
`
`are hereby permanently restrained and enjoined from:
`
`a. manufacturing or causing to be manufactured, importing, advertising, or
`
`promoting, distributing, selling or offering to sell counterfeit and infringing
`
`goods bearing the Plaintiff’s trademarks, or any confusingly similar
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`Case No. 23-cv-60780-BLOOM/Valle
`
`
`CREELED, INC.,
`
`
`Plaintiff,
`
`v.
`
`THE INDIVIDUALS, PARTNERSHIPS AND
`UNINCORPORATED ASSOCIATIONS
`IDENTIFIED ON SCHEDULE “A,”
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
` /
`
`FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
`
`THIS CAUSE comes before the Court on the Plaintiff’s Motion for Entry of Final Default
`
`Judgment, ECF No. [178] (“Motion”). The Court granted the Motion in a separate Order. Pursuant
`
`to Federal Rule of Civil Procedure 58(a), the Court enters this separate final judgment. Accordingly,
`
`it is ORDERED AND ADJUDGED that Final Default Judgment is entered in favor of the Plaintiff
`
`CreeLED, Inc. (“Plaintiff”) and against the Defendants listed in the document filed at docket entry
`
`178-1 (herein, “Defendants”) as follows.
`
`I.
`
`PERMANENT INJUNCTIVE RELIEF
`
`1. The Defendants and their officers, directors, employees, agents, subsidiaries,
`
`distributors, and all persons acting in concert and participation with the Defendants
`
`are hereby permanently restrained and enjoined from:
`
`a. manufacturing or causing to be manufactured, importing, advertising, or
`
`promoting, distributing, selling or offering to sell counterfeit and infringing
`
`goods bearing the Plaintiff’s trademarks, or any confusingly similar
`
`
`
`Case 0:23-cv-60780-BB Document 181 Entered on FLSD Docket 12/11/2023 Page 2 of 6
`
`Case No. 23-cv-60780-BLOOM/Valle
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`trademarks identified in Paragraph 23 of the Complaint (the “CreeLED
`
`Marks”), ECF No. [1];
`
`b. using the CreeLED Marks in connection with the sale of any unauthorized
`
`goods;
`
`c. using any logo, and/or layout which may be calculated to falsely advertise
`
`the services or products of the Defendants as being sponsored by, authorized
`
`by, endorsed by, or in any way associated with the Plaintiff;
`
`d. falsely representing themselves as being connected with the Plaintiff,
`
`through sponsorship or association;
`
`e. engaging in any act which is likely to falsely cause members of the trade
`
`and/or the purchasing public to believe any goods or services of the
`
`Defendants are in any way endorsed by, approved by, and/or associated with
`
`the Plaintiff;
`
`f. using any reproduction, counterfeit, copy, or colorable imitation of the
`
`CreeLED Marks in connection with the publicity, promotion, sale, or
`
`advertising of any goods sold by the Defendants;
`
`g. affixing, applying, annexing, or using in connection with the sale of any
`
`goods a false description or representation, including words or other
`
`symbols tending to falsely describe or represent goods offered for sale or
`
`sold by the Defendants as being those of the Plaintiff or in any way endorsed
`
`by the Plaintiff;
`
`h. otherwise unfairly competing with the Plaintiff;
`
`
`
`2
`
`
`
`Case 0:23-cv-60780-BB Document 181 Entered on FLSD Docket 12/11/2023 Page 3 of 6
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`Case No. 23-cv-60780-BLOOM/Valle
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`i. using the CreeLED Marks, or any confusingly similar trademarks on e-
`
`commerce marketplace sites, domain name extensions, metatags or other
`
`markers within website source code, from use on any webpage (including
`
`as the title of any web page), from any advertising links to other websites,
`
`from search engines’ databases or cache memory, and from any other form
`
`of use of such terms which are visible to a computer user or serves to direct
`
`computer searches to e-commerce stores, websites, and/or Internet
`
`businesses registered, owned, or operated by the Defendants; and
`
`j. effecting assignments or transfers, forming new entities or associations or
`
`utilizing any other device for the purpose of circumventing or otherwise
`
`avoiding the prohibitions set forth above.
`
`II.
`
`ADDITIONAL EQUITABLE RELIEF
`
`2. Upon the Plaintiff’s request, the Internet marketplace website operators and/or
`
`administrators for the Internet based e-commerce stores operating under the seller
`
`identification names identified on Schedule “A”, ECF No. [6-1], (the “Seller IDs”),
`
`including but not limited to AliExpress, Alipay, Dhgate, Dhpay, Joom, Wish,
`
`Wishpay, Amazon, Amazon Pay, eBay, Etsy, and/or Taobao, shall permanently
`
`remove any and all listings and associated images of goods bearing counterfeits
`
`and/or infringements of the CreeLED Marks via the e-commerce stores operating
`
`under the Seller IDs, and any other listings and images of goods bearing
`
`counterfeits and/or infringements of the CreeLED Marks associated with the same
`
`sellers or linked to any other alias seller identification names or e-commerce stores
`
`being used and/or controlled by the Defendants to promote, offer for sale and/or
`
`sell goods bearing counterfeits and/or infringements of the CreeLED Marks; and
`3
`
`
`
`
`
`Case 0:23-cv-60780-BB Document 181 Entered on FLSD Docket 12/11/2023 Page 4 of 6
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`Case No. 23-cv-60780-BLOOM/Valle
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`3. Upon the Plaintiff’s request, any Internet marketplace website operator and/or
`
`administrator who is in possession, custody, or control of the Defendants’ goods
`
`bearing one or more of the CreeLED Marks, including but not limited to
`
`Alibaba.com Hong Kong Limited, which operates the AliExpress.com platform;
`
`DHgate.com; eBay Inc.; SIA Joom, which operates the Joom.com platform; and
`
`ContextLogic, Inc., which operates the Wish.com platform, shall permanently
`
`cease fulfillment of and sequester those goods, and surrender the same to the
`
`Plaintiffs.
`
`III.
`
`DAMAGES IN FAVOR OF PLAINTIFF PURSUANT TO 15 U.S.C. § 1117
`(B) & (C):
`
`4. The Court awards the Plaintiff:
`
`a. Damages of treble profits made by the following Defendants, based upon
`
`the Court’s finding that the Defendants infringed at least one trademark on
`
`one type of good. The Court considered both the willfulness of the
`
`Defendants’ conduct and the deterrent value of the award imposed, and the
`
`awarded amount falls within the permissible range under 15 U.S.C.
`
`§ 1117(b):
`
`Seller Name
`
`Def.
`No.
`Binwo Smart Home
`6
`CGB123
`7
`CraBow
`10
`13 Dirace Inc
`26
`jinyexf
`49
`TVMXQ-PRO Lighting equipment store
`50 US HOME
`55
`yinghuatiyu
`61
`ZstoneUS
`216
`ellismorley1
`218
`Fashion Made Factory
`
`Damages
`Infringing
`Sought
`Sales
`$3,433,727.44 $10,301,182.32
`$475,822.75
`$1,427,468.25
`$2,066,761.71
`$6,200,285.13
`$927,920.03
`$2,783,760.09
`$72,208.30
`$216,624.90
`$36,721.61
`$110,164.83
`$88,089.76
`$264,269.28
`$889,387.65
`$2,668,162.95
`$123,749.90
`$371,249.70
`$24,720.81
`$74,162.43
`$14,637.36
`$43,912.08
`
`
`
`4
`
`
`
`Case 0:23-cv-60780-BB Document 181 Entered on FLSD Docket 12/11/2023 Page 5 of 6
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`Case No. 23-cv-60780-BLOOM/Valle
`
`
`langrenhuwai168
`251
`276 meiridianzikejigongsi
`286
`PanAmei
`310
`SUN god god
`335
`y1995hong
`
`b. Damages of $30,000.00 against each other Defendant, for which let
`
`$14,736.18
`$96,295.17
`$16,416.56
`$151,346.73
`$112,618.88
`
`$44,208.55
`$288,885.52
`$49,249.69
`$454,040.19
`$337,856.63
`
`execution issue, based upon the Court’s finding that the Defendants
`
`infringed at least one trademark on one type of good. The Court considered
`
`both the willfulness of the Defendants’ conduct and the deterrent value of
`
`the award imposed, and the awarded amount falls within the permissible
`
`statutory range under 15 U.S.C. § 1117(c).
`
`5. All funds currently restrained or held on account for all the Defendants by all
`
`financial
`
`institutions, payment processors, bank, escrow services, money
`
`transmitters, or marketplace platforms, including but not limited to, Alibaba.com
`
`Hong Kong Limited, which operates the AliExpress.com platform (“AliExpress”),
`
`Zhejiang Ant Small and Micro Financial Services Group Co., Ltd. (“Ant Financial
`
`Services”), AliPay (China) Internet Technology Co. Ltd. and Alipay.com Co., Ltd.
`
`(collectively, “Alipay”), Worldpay US, Inc. (“Worldpay”), Dunhuang Group which
`
`operates the DHgate.com and DHPay.com platforms, Camel FinTech Inc, SIA
`
`Joom, which operates the Joom.com platform (“Joom”), and PayPal, Inc.
`
`(“PayPal”), and their related companies and affiliates, are to be immediately (within
`
`5 business days) transferred by the previously referred to financial institutions,
`
`payment processors, bank, escrow services, money transmitters, or marketplace
`
`platforms and by the Defendants, to the Plaintiff and/or the Plaintiff’s counsel in
`
`partial satisfaction of the monetary judgment entered herein against each Defendant.
`
`
`
`5
`
`
`
`Case 0:23-cv-60780-BB Document 181 Entered on FLSD Docket 12/11/2023 Page 6 of 6
`
`Case No. 23-cv-60780-BLOOM/Valle
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`All financial institutions, payment processors, bank, escrow services, money
`
`transmitters, or marketplace platforms, including but not limited to AliExpress,
`
`Alipay, Dhgate, Dhpay, Joom, Wish, Wishpay, Amazon, Amazon Pay, eBay, Etsy,
`
`and/or Taobao, and their related companies and affiliates, shall provide to the
`
`Plaintiff at the time the funds are released, a breakdown reflecting the (i) total funds
`
`restrained in this matter per Defendant; (ii) total chargebacks, refunds, and/or
`
`transaction reversals deducted from each Defendant’s funds restrained prior to
`
`release; and (iii) total funds released per Defendant to the Plaintiff.
`
`IV.
`
`INTEREST, BOND, JURISDICTION
`
`6. Interest from the date this action was filed shall accrue at the legal rate. See 28
`
`U.S.C. § 1961.
`
`7. The bond posted by the Plaintiff in the amount of $10,000.00 is hereby ordered
`
`released by the Clerk.
`
`8. The Court retains jurisdiction to enforce this Final Default Judgment and Permanent
`
`Injunction.
`
`The Clerk shall CLOSE this case. All deadlines and hearings are TERMINATED, and any
`
`pending motions are DENIED AS MOOT.
`
`DONE AND ORDERED in Chambers at Miami, Florida, on December 7, 2023.
`
`
`
`
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`Copies to:
`
`
`Counsel of Record
`
`
`
`6
`
`_________________________________
`BETH BLOOM
`UNITED STATES DISTRICT JUDGE
`
`
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