XYZ v. Schedule A (E.D. Va.) - Order Granting TRO (1k Bond)
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Sarah BursteinXYZ v. Schedule A (E.D. Va.) - Order Granting TRO (1k Bond)
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Sarah BursteinCase 1:23-cv-00673-PTG-JFA Document 43 Filed 06/08/23 Page 1 of 4 PageID# 7764
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
XYZ CORPORATION,
Plaintiff,
V.
Case No. 1:23-cv-00673(PTG/JFA)
THE UNINCORPORATED ASSOCIATIONS
IDENTIFIED IN SCHEDULE A,
Defendants.
ORDER
This matter comes before the Court on Plaintiffs Ex Parte Motion for Temporary Asset
Restraint and Expedited Discovery ("Motion"). Dkt. 28. The Court held a hearing on the Motion
on June 8, 2023. Upon consideration of the Motion, the Verified Complaint (Dkt. 6), the
memorandum and exhibits in support of the Motion, and counsel's arguments, and for the reasons
stated in open court at the June 8, 2023 hearing, the Court finds and concludes that, pursuant to
Federal Rule of Civil Procedure 65(b)(1), a sufficient showing has been made to issue a temporary
restraining order without notice to Defendants identified in Schedule A to the Verified Complaint
("Defendants") because, if notice is given to Defendants, it is likely that Defendants will evade the
reach of this Court, which will detrimentally impact Plaintiffs ability to seek redress.
Further, the Court finds and concludes that a sufficient showing has been made to restrain
temporarily the transfer of any assets from Defendants' PayPal and Alipay accounts associated
with the sale of counterfeit goods bearing Plaintiffs federally-registered trademarks, including an
adequate showing as to the likelihood of success on Plaintiffs claims that Defendants have used
Plaintiffs trademarks without authorization, which will continue to cause confusion, mistake,
Case 1:23-cv-00673-PTG-JFA Document 43 Filed 06/08/23 Page 2 of 4 PageID# 7765
and/or deception among consumers and the public as to Plaintiffs products and dilute the
distinctive quality ofPlaintiffs trademarks; the threat ofirreparable harm to Plaintiff as a result of
Defendants' alleged continued infringement and the risk that Defendants will transfer all assets
from their accounts in the absence ofa temporary freezing oftheir accounts(potential harms which
outweigh any demonstrated harm Defendants will suffer from the temporary freezing of assets in
their accounts); the balance of equities in Plaintiffs favor; and the public interest that strongly
supports granting the temporary freeze of assets.
The Court further finds and concludes that expedited third-party discovery to ascertain
Defendants' identities and the location and value of Defendants' financial accounts related to the
sale of the counterfeit goods named in the Verified Complaint is necessary. Accordingly, a
temporary restraining order is appropriate. For these reasons, it is hereby
ORDERED that Plaintiffs Ex Parte Motion for Temporary Asset Restraint and Expedited
Discovery (Dkt. 28)is GRANTED;and it is further
ORDERED that PayPal shall immediately freeze all PayPal accounts associated with
Defendants identified in Schedule A to the Verified Complaint and restrain and enjoin the transfer
ofany monies held in such accounts until further ordered by this Court; and it is further
ORDERED that Plaintiff may immediately serve limited discovery on PayPal sufficient
to discover the amounts ofany monies held by PayPal in association with Defendants identified in
Schedule A to the Verified Complaint as well as any name, email address, address, telephone
number, and bank account associated with such PayPal account(s); and it is further
ORDERED that Alipay shall immediately freeze all Alipay accounts associated with
Defendants identified in Schedule A to the Verified Complaint and restrain and enjoin the transfer
of any monies held in such accounts until further ordered by this Court; and it is further
Case 1:23-cv-00673-PTG-JFA Document 43 Filed 06/08/23 Page 3 of 4 PageID# 7766
ORDERED that Plaintiff may immediately serve limited discovery on Alipay sufficient to
discover the amounts of any monies held by Alipay in association with Defendants identified in
Schedule A to the Verified Complaint as well as any name, email address, address, telephone
number,and bank account associated with such Alipay account(s); and it is further
ORDERED that Plaintiff may immediately serve limited discovery on eBay sufficient to
discover the amounts of any monies held by eBay in association with Defendants identified in
Schedule A to the Verified Complaint as well as any name, email address, address, telephone
number, and bank account associated with such eBay account(s); and it is further
ORDERED that Plaintiff may immediately serve limited discovery on Wish sufficient to
discover the amounts of any monies held by Wish in association with Defendants identified in
Schedule A to the Verified Complaint as well as any name, email address, address, telephone
number, and bank account associated with such Wish account(s); and it is further
ORDERED that Plaintiff may immediately serve limited discovery on AliExpress
sufficient to discover the amounts of any monies held by AliExpress in association with
Defendants identified in Schedule A to the Verified Complaint as well as any name,email address,
address, telephone number, and bank account associated with such AliExpress account(s); and it
is further
ORDERED that any information disclosed to Plaintiff in response to discovery issued
pursuant to this Order may be used solely for the purpose of protecting Plaintiffs rights as set forth
in the Verified Complaint; and it is further
ORDERED that pursuant to Federal Rule of Civil Procedure 65(c), Plaintiff shall post
Case 1:23-cv-00673-PTG-JFA Document 43 Filed 06/08/23 Page 4 of 4 PageID# 7767
cash or other security in the amount of$1,000.00.
Entered this _&^ay ofJune, 2023. iW 1(^1
Alexandria, Virginia Patricia Toflfver GlleS
United States District Judge
