BURBERRY LIMITED, A UNITED KINGDOM COMPANY

v.

THE INDIVIDUALS, BUSINESS ENTITIES, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A

THIS CAUSE is before the Court upon Plaintiffs' Motion for Entry of a Preliminary Injunction (the "Application”), [ECF No. 6], filed on April 17, 2025. The Court held a noticed hearing on the Application on May¹, 2025, during which only counsel for Plaintiff, T. Raquel Wiborg- Rodriguez, Esq. appeared. [See ECF No. 23]. The Court has carefully reviewed the Application and the record and is otherwise fully advised.

By the instant Application, Plaintiffs, Burberry Limited, a United Kingdom company (“Burberry (UK)”), and Burberry Limited, a New York corporation (“Burberry (US)”) (“Plaintiffs”) moves for entry of a preliminary injunction against Defendants, the Individuals, Business Entities, and Unincorporated Associations identified on Schedule “A” hereto (collectively "Defendants") pursuant to 15 U.S.C. § 1116, Fed. R. Civ. P. 65, and The All Writs Act, 28 U.S.C. § 1651(a), and this Court's inherent authority.

The Court convened a hearing on May¹, 2025, at which only counsel for Plaintiffs was present and available to present evidence supporting the Application. The Court made additional statements

on the record at the hearing that support the issuance of a Preliminary Injunction here. Because Plaintiffs have satisfied the requirements for the issuance of a preliminary injunction, the Court GRANTS Plaintiffs' Application for Preliminary Injunction.

I. Factual Background¹

Plaintiff Burberry Limited, a United Kingdom Company, is the owner of the following trademarks, which are valid and registered on the Principal Register of the United States Patent and Trademark Office (the “Burberry Marks”):

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | 0,863,179 | January 7, | IC 010 025 026: COATS, | | | 1969 | TOPCOATS, JACKETS, SUITS, | | | | TROUSERS, SLACKS, | | | | SHORTS, OVERALLS, SKIRTS, | | | | CAPES, HATS, CAPS, | | | | BONNETS, HOODS, BERETS, | | | | NECKTIES, STOCKINGS, | | | | SOCKS, BELTS, BOOTS, | | | | SHOES, SLIPPERS, SANDALS, | | | | GLOVES, SHIRTS, COLLARS, | | | | PAJAMAS, DRESSING | | | | GOWNS, CARDIGANS, | | | | SWEATERS, PULLOVERS, | | | | SCARVES, BLOUSES, BEACH | | | | ROBES, DRESSES, SKIWEAR, | | | | HANDKERCHIEFS | | 1,241,222 | June 7, 1983 | IC 025: Coats, Top Coats, | | | | Jackets, Trousers, Slacks, | | | | Waistcoats, Skirts, Capes, Hats, | | | | Shirts, Scarves, Shawls and | | | | Blouses. | | 2,022,789 | September | IC 018: suitcases, traveling bags, | | | 24, 1996 | holdalls, suit and garment carriers | | | | for travel, attache cases, | | | | document cases, briefcases, | | | | purses, drawstring pouches,

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | | | wallets, billfolds, passport | | | | holders, key cases, handbags, | | | | shoulder bags, credit card cases, | | | | business card cases, toilet bags | | | | sold empty, toilet cases sold | | | | empty, shaving bags sold empty, | | | | tie cases for travel, umbrellas and | | | | parasols. | | | | IC 024: traveling comforter, | | | | namely, fabric blanket-like articles | | | | for keeping warm, e.g., when | | | | traveling in cold climates, or for | | | | use as a stadium blanket. | | | | IC 025: clothing for men and | | | | women, namely, scarves, | | | | pullovers, cardigans, sweaters, | | | | overcoats, raincoats, shirts, belts; | | | | slippers for men. | | | | IC 003: PERFUMES, EAU DE | | | | TOILETTES, EAU DE | | | | PARFUMS. | | 2,732,617 | July¹, 2003 | IC 018: Articles of luggage, | | | | namely, suitcases, athletic and | | | | sport bags, beach bags, carry-on | | | | bags, clutch bags; duffel and gym | | | | bags; overnight bags; school book | | | | bags, shoulder bags, tote bags, | | | | garment bags for travel, carryall | | | | bags, traveling bags, hand bags, | | | | leather bags for computers and | | | | cameras; wallets and purses; | | | | toiletry bags sold empty and | | | | cosmetics bags sold empty; brief | | | | cases, satchels and portfolios; | | | | parasols, umbrellas, leather key | | | | holders. | | | | IC 025: Articles of outerclothing, | | | | namely, coats, overcoats, trench | | | | coats, casual coats, raincoats, | | | | jackets and blousons, poloshirts,

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | | | blouses, dresses, pyjamas, | | | | knitwear namely, jumpers, | | | | sweaters, gilets, knitted shirts, | | | | knitted skirts and knitted scarves; | | | | and shorts, trousers, suits, skirts, | | | | underclothes, hosiery, headwear, | | | | footwear, sports clothing namely, | | | | sports trousers, sports shorts, | | | | sports shirts, sports jackets, sports | | | | footwear; tracksuits, garments | | | | that can be attached to or | | | | detached from coats, raincoats, | | | | trench coats, or casual coats for | | | | additional warmth; ties, belts, | | | | wraps, serapes, scarves, shawls | | | | and stoles, gloves. | | | | IC 020: non-metal key fobs | | 3,529,814 | November | IC 024: blankets, throws, | | | 11, 2008 | handkerchiefs, textile used as | | | | linings for clothing and | | | | accessories, fabrics for use in the | | | | manufacture of clothing, | | | | footwear, headwear, hosiery, | | | | belts, bags, cases, holders and key | | | | rings, umbrellas, watches, jewelry, | | | | towels, blankets, throws | | | | IC 025: Coats, detachable coat | | | | linings, rainwear, ponchos, | | | | jackets, gilets, jerseys, jumpers, | | | | sweaters, blouses, shirts, polo | | | | shirts, t-shirts, vests, dresses, | | | | skirts, trousers, jeans, shorts, ski | | | | wear, sports shirts, sports | | | | trousers, sweat shirts, waterproof | | | | clothing, namely, coats, jackets, | | | | and bikinis, sarongs, swimwear, | | | | bathrobes, boxer shorts, | | | | loungewear, nightwear, | | | | undergarments, ties, cravats, | | | | footwear, shoes, boots, athletic | | | | footwear, slippers, ballet slippers, | | | | socks, leggings, caps, hats, head

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | | | scarves, belts, gloves, mufflers, | | | | scarves, shawls, stoles, pashminas, | | | | children's and infant's clothing, | | | | namely, coats, jackets, ponchos, | | | | jerseys, sweaters, blouses, shirts, | | | | t-shirts, singlets, vests, tank tops, | | | | waistcoats, suits, dresses, skirts, | | | | trousers, jeans, shorts, children's | | | | headwear, children's swimwear, | | | | children's nightwear, children's | | | | under garments, and one-piece | | | | clothing, headwear, footwear; | | | | cloth bibs | | | | IC 028: Teddy bears | | | | IC 035: Retail store services in the | | | | fields of clothing, accessories, | | | | footwear, headgear, luggage, | | | | leather goods, timepieces, jewelry, | | | | eyewear and fragrances | | BURBERRY | 3,879,249 | November | IC 025: Articles of outer clothing, | | | | 23, 2010 | namely, coats, jackets, rainwear, | | | | ponchos, gilets, detachable coat | | | | linings, raincoats; blousons; casual | | | | coats; polo shirts; blouses; | | | | dresses; pyjamas; knitwear, | | | | namely, jerseys, jumpers, | | | | cardigans, sweaters, knitted | | | | leggings; shorts; trousers; suits; | | | | skirts; jackets; articles of | | | | underclothing, namely, boxer | | | | shorts, lingerie, loungewear, | | | | nightwear, underwear, | | | | undergarments; hosiery; | | | | headwear; footwear; sports | | | | clothing, namely, sweat pants, | | | | sweat shirts, swimwear; sports | | | | footwear; tracksuits, ready-made | | | | linings, namely, finished textile | | | | linings for garments; ties; clothing | | | | belts; wraps; scarves; shawls and | | | | stoles; gloves | | BURBERRY | 4,702,550 | March 17, | IC 006: Metal key holders; metal

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | | | 2015 | key rings | | | | IC 016: Goods made of paper or | | | | cardboard, namely, paper labels, | | | | cardboard boxes, paper bags, | | | | paper gift tags; posters, wrapping | | | | and packaging materials, namely, | | | | gift wrapping paper, gift bags; | | | | greeting cards | | | | IC 018: All-purpose carrying bags, | | | | valises, travelling bags, garment | | | | bags for travel, vanity cases sold | | | | empty, rucksacks, satchels, | | | | holdalls, handbags, shoulder bags, | | | | attaché-cases, briefcases, credit | | | | card holders, briefcase-type | | | | portfolios, athletic and sports | | | | bags, beach bags, carry-on bags, | | | | clutch bags, duffel and gym bags, | | | | overnight bags, school book bags, | | | | tote bags, reusable shopping bags; | | | | purses, leather pouches, wallets; | | | | pochettes; luggage label holders; | | | | cosmetic cases and bags sold | | | | empty; umbrellas | | | | IC 020: deck chairs and folding | | | | chairs | | | | IC 026: Buttons, snap fasteners, | | | | press studs, zip fasteners, | | | | decorative ribbons, buckles for | | | | clothing, belts and shoes; | | | | ornamental novelty badges; | | | | articles for hair, namely, hair ties, | | | | hair bands, hair ribbons, hair clips | | BURBERRY | 4,714,346 | April 7, 2015 | IC 028: stuffed toy animals | | | | including teddy bears | | | | IC 009: cases and holders for | | | | telephones, mobile telephones | | | | and mobile electronic devices, | | | | namely, PDAs (personal digital

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | | | assistants), smart phones, | | | | personal entertainment devices, | | | | namely, e-readers, personal | | | | navigation devices, tablet | | | | computers, netbooks, electronic | | | | notebooks, handheld computers | | | | and portable digital audio and/or | | | | video players | | | | IC 003: Non-medicated toilet | | | | preparations, namely, perfumes, | | | | eau de cologne and toilet water | | BURBERRY LONDON, | 5,116,946 | January 10, | IC 009: Sunglasses, spectacles, | | ENGLAND | | 2017 | optical glasses, fitted frames and | | | | lenses for the aforesaid goods; | | | | cases and holders for the | | | | aforesaid goods; parts and fittings | | | | for all the aforesaid goods, | | | | namely, replacement parts | | | | therefor; cases and holders for | | | | portable computers and mobile | | | | telephones; bags for computers | | | | and cameras; mobile phone | | | | accessories, namely, mobile | | | | phone covers and skins, charms | | | | and lanyards | | | | IC 014: jewellery, imitation | | | | jewellery, tie-pins, tie clips and | | | | cuff links; articles made of | | | | precious metals or coated | | | | therewith, namely, jewellery | | | | boxes, hat and shoe ornaments, | | | | charms, badges, boxes and cases | | | | for tissues, jewellery, money, | | | | trinkets and watches, coasters, key | | | | rings and key holders | | | | IC 016: Writing paper, invitations, | | | | envelopes, gift tags; wrapping and | | | | packaging materials, namely, | | | | wrapping paper, gift wrap paper, | | | | gift bags, gift boxes; calendars, | | | | catalogues featuring clothing,

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | | | handbags and other luxury items; | | | | paper labels, clothing labels of | | | | paper, passport covers | | | | IC 018: Articles of luggage, | | | | namely, suitcases, trunks, valises, | | | | wheeled bags; bags, namely, | | | | holdalls, handbags, shoulder bags, | | | | tote bags, athletic and sport bags, | | | | backpacks, beach bags, bags for | | | | carrying babies' accessories, carry- | | | | on bags, clutch bags, duffel and | | | | gym bags, overnight bags, school | | | | book bags, garment bags for | | | | travel, carryall bags, traveling | | | | bags; wallets; purses; tie cases; | | | | leather boxes; toiletries and | | | | cosmetic bags sold empty, cases | | | | for manicure sets sold empty, | | | | briefcases, satchels and briefcase- | | | | type portfolios; parasols, | | | | umbrellas, pet coats, collars and | | | | leads; luggage labels and tags | | | | IC 020: cushions; clothes hangers | | | | IC 024: Blankets; throws; travel | | | | rugs; towels; cushion covers; | | | | handkerchiefs; clothing labels of | | | | textile; lining fabrics for textile | | | | use; fabrics for use in the | | | | manufacture of clothing; fabrics | | | | for use in the manufacture of | | | | bags, purses, wallets, luggage, | | | | toiletry and cosmetic cases, | | | | umbrellas, bed and table linen | | | | IC 025: Articles of outerclothing, | | | | namely, coats, overcoats, trench | | | | coats, casual coats, raincoats, | | | | jackets and blousons, shirts, polo | | | | shirts, blouses, dresses, pyjamas, | | | | intimate apparel, namely, lingerie; | | | | sleepwear and loungewear;

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | | | knitwear, namely, jumpers and | | | | sweaters, gilets, knitted shirts, | | | | knitted skirts and knitted scarves; | | | | shorts, trousers, suits, skirts, | | | | underclothes, hosiery, headwear, | | | | footwear, sports clothing, namely, | | | | sports trousers, sports shorts, | | | | sports shirts, and sports jackets; | | | | sports footwear; tracksuits, ready- | | | | made linings sold as component | | | | parts of coats, raincoats, trench | | | | coats and casual coats; ties, belts | | | | and wraps as clothing, serapes, | | | | scarves, shawls and stoles, gloves | | | | IC 028: stuffed toy animals | | | | including teddy bears, clothing for | | | | toys; Christmas tree decorations | | | | IC 003: non-medicated toilet | | | | preparations, namely, cosmetics; | | | | glitter for cosmetic purposes; | | | | non-medicated toilet | | | | preparations;, namely, cosmetics; | | | | glitter for cosmetic purposes; | | | | cosmetic preparations for the | | | | bath and shower; non-medicated | | | | body and skin care preparations, | | | | namely, creams, lotions, gels, | | | | toners, cleaners and peels; | | | | cosmetic preparations for the care | | 6,513,734 | October 12, | of teeth and for hair; nail care | | | | 2021 | preparations and nail polish, false | | | | nails; non-medicated soaps; anti- | | | | perspirants, deodorants for | | | | personal use; perfumes, eau de | | | | cologne, eau de toilette, toilet | | | | water and aftershave; essential | | | | oils, massage oil; pot pourri, room | | | | fragrances and incense; cleaning | | | | preparations for leather goods | | | | and care preparations for leather | | | | goods, namely, conditioners, | | | | balms, creams, waxes and polish

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | | | IC 009: sunglasses, spectacles, | | | | optical glasses, fitted frames and | | | | lenses for sunglasses, spectacles | | | | and optical glasses; cases and | | | | holders for sunglasses, spectacles | | | | and optical glasses; parts and | | | | fittings for sunglasses, spectacles | | | | and optical glasses, namely, | | | | frames; cases and holders for | | | | portable electronic devices, | | | | namely, mobile phones, tablets, | | | | electronic book readers, and | | | | digital book readers; mobile | | | | telephones, portable audio and | | | | video systems and computers; | | | | mouse mats; camera cases; | | | | portable electronic devices, | | | | electronic book readers, portable | | | | music readers and tablets; mobile | | | | phone accessories, namely, | | | | mobile phone covers and skins, | | | | lanyards for mobile phones, | | | | mobile phone fascias | | | | IC 014: watches, clocks and parts, | | | | fittings and cases for all the | | | | aforesaid goods; watch straps and | | | | bracelets therefor; jewellery, | | | | imitation jewellery, tie-pins, tie | | | | clips and cuff links; articles made | | | | of precious metals or coated | | | | therewith, namely key rings, | | | | jewellery charms, badges, shoe | | | | jewellery; jewellery boxes and | | | | cases; models figures being | | | | ornaments and figures of precious | | | | metal; jewellery rolls; key holders | | | | and key rings of precious and | | | | semi-precious metals; key chains | | | | and charms therefor; jewellery | | | | rolls; cufflink cases | | | | IC 018: leather and imitation | | | | leather; bags, namely, holdalls,

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | | | handbags, shoulder bags; trunks | | | | being luggage, valises, suitcases, | | | | travelling bags, garment bags for | | | | travel, bumbags, vanity cases sold | | | | empty, baby carrying bags, baby | | | | carriers worn on the body, baby | | | | harnesses, namely, harnesses for | | | | guiding children, rucksacks, | | | | satchels; canvas, textile, leather or | | | | mesh shopping bags, wheeled | | | | shopping bags and general | | | | purpose sport trolleys bags; | | | | purses, pouches made out of | | | | cloth; wallets, credit card holders, | | | | pochettes; labels of leather and | | | | luggage labels, leather baggage | | | | tags; cosmetic cases and bags sold | | | | empty, cases for manicure sets | | | | sold empty; tie cases; leather | | | | boxes; umbrellas, parasols; | | | | clothing for pets; horse blankets; | | | | collars and leashes for animals | | | | IC 024: textiles and textile items, | | | | namely, fabrics, namely, bed | | | | blankets; bed covers; bed linen; | | | | cot linen; duvets; mattress covers; | | | | pillowcases; quilts and | | | | eiderdowns; bed sheets; curtains; | | | | towels; face cloths; table linen; | | | | plastic table covers; placemats of | | | | textile; unfitted fabric furniture | | | | covers, curtains, textile wall | | | | hangings, cushion covers; textile | | | | handkerchiefs; travelling rugs, | | | | picnic blankets; pet blankets; | | | | textile labels | | | | IC 025: clothing articles and outer | | | | clothing articles, namely, coats, | | | | jackets, rainwear, ponchos, gilets, | | | | detachable coat linings, raincoats, | | | | blousons; casual coats; polo | | | | shirts; blouses; t-shirts; dresses;

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | | | pajamas; knitwear, namely, | | | | jerseys, jumpers, cardigans, | | | | sweaters, knitted leggings; shorts; | | | | trousers; suits for men women | | | | and children; skirts; jackets; | | | | jackets containing | | | | microprocessors; articles of | | | | underclothing, namely, boxer | | | | shorts, lingerie, loungewear, | | | | nightwear, underwear, | | | | undergarments, hosiery; sports | | | | clothing, namely, ski wear, sports | | | | jackets, sports jerseys, sports | | | | shirts, sports trousers, sweat | | | | pants, sweat shirts, sweat shorts, | | | | tracksuits, tennis wear, swimwear; | | | | sports footwear; tracksuits, ready- | | | | made linings, namely, finished | | | | textile linings for garments; ties; | | | | clothing belts; clothing wraps; | | | | serapes; scarves; shawls and | | | | stoles; gloves, footwear, headgear | | | | in the nature of headwear, belts, | | | | shirts, jeans | | | | IC 035: retail store and wholesale | | | | store services for clothing, | | | | footwear, headgear, bags, vanity | | | | cases sold empty, satchels, | | | | bumbags, purses, pouches, | | | | wallets, key holders, card holders, | | | | pochettes, labels and luggage | | | | labels, leather tags, leather belts, | | | | cosmetic cases and bags not | | | | fitted, cases for manicure sets | | | | sold empty, card cases, card | | | | holders, tie cases, cufflink cases, | | | | leather boxes, umbrellas, cases | | | | and holders for sunglasses and | | | | eyewear, cases and holders for | | | | portable electronic devices, cases | | | | and holders for mobile | | | | telephones, camera cases, phone | | | | covers and skins, charms and

Trademark | Registration | Registration | Class / Goods ---|---|---|--- | Number | Date | | | | | lanyards for mobile phones, | | | | mobile phone fascias, key rings | | | | and charms, diaries, notebooks, | | | | pen and pencil cases, pen holders, | | | | passport covers, paperweights, | | | | keyrings, homeware, perfumes, | | | | toiletries and cosmetics, watches, | | | | jewellery, eyewear and sunglasses

[See Decl. of Jennifer Halter in Support of the Plaintiffs' Application for Preliminary Injunction ("Halter Decl."), ¶¶ 5–6; see also United States Trademark Registrations of the Burberry Marks at issue attached as Composite Exhibit¹ to the Complaint]. The Burberry Marks are used in connection with the manufacture, promotion, distribution, and sale of high-quality goods in the categories identified above. [See Halter Decl. ¶¶ 5–6].

Defendants, through Internet based e-commerce stores under the seller names (“E-commerce Store Names”) identified on Schedule “A” have advertised, promoted, offered for sale, or sold goods bearing and/or using what Plaintiffs have determined to be counterfeits, infringements, reproductions, or colorable imitations of the Burberry Marks. [See Halter Decl. ¶¶ 10–14; Declaration of Christine Daley in Support of the Plaintiffs' Application for Preliminary Injunction (“Daley Decl.”) ¶ 12; Declaration of Kathleen Burns in Support of the Plaintiffs' Application for Preliminary Injunction ("Burns Decl.") ¶¶ 4; Declaration of Michael Rieger in Support of the Plaintiffs' Application for Preliminary Injunction (“Rieger Decl.”) [ 4].

Although each Defendant may not copy and infringe each Burberry Mark for each category of goods protected, Plaintiffs have submitted sufficient evidence showing each Defendant has infringed, at least, one or more of the Burberry Marks. [See Halter Decl., ¶ 10–14]. Defendants are not now, nor have they ever been, authorized or licensed to use, reproduce, or make counterfeits, reproductions, and/or colorable imitations of the Burberry Marks. [See id. ¶¶ 10, 13–14].

Plaintiffs retained Allegiance Acquisitionco LLC (“Allegiance”) and Invisible Inc (“Invisible”), both licensed private investigative firms, to investigate and document the promotion and sale of counterfeit and infringing versions of Burberry-branded products by Defendant lourelle.co.² [See Halter Decl. ¶ 11; Burns Decl. ¶¶ 3; Rieger Decl.³]. Allegiance accessed Defendant lourelle.co's Internet based e-commerce store and placed an order for the purchase of a product bearing and/or using counterfeits of, at least, one of the Burberry Marks at issue in this action. [See Halter Decl. ¶¶ 11; Rieger Decl. ¶ 4]. At the conclusion of the process, Allegiance transmitted the Burberry-branded product it ordered and received from Defendant lourelle.co to Plaintiffs' representative for analysis, together with an appropriate Chain of Custody. [See Halter Decl. ¶¶ 11; Rieger Decl. ¶¶ 5]. True and correct copies of the web pages Allegiance captured and downloaded showing the Burberry-branded item purchased by Allegiance via Defendant lourelle.co's E-commerce Store Name, together with redacted copies of the order summary web pages and order confirmation, and the payment account data provided by Defendant, as well as true and correct photographs of the item received are attached to the Rieger Decl. as Composite Exhibit “1.”[See Halter Decl. ¶ 11; Rieger Decl. ¶¶ 7 and Composite Exhibit¹ thereto].

Thereafter, Invisible accessed Defendant lourelle.co's Internet based e-commerce store and was ultimately directed to Defendant shopmoon.co's Internet based e-commerce store for the purchase of Burberry-branded products. [See Halter Decl. ¶ 11; Daley Decl. ¶ 2; Burns Decl. ¶ 4]. As such, Invisible accessed the Internet based e-commerce stores for Defendants getluxelabel.com and shopmoon.co and documented the placement of an order from those Defendants for a product bearing and/or using counterfeits and infringements of one or more of Burberry's trademarks at issue

in this action, and requested the products be shipped to one of its addresses in the Southern District of Florida. [See Burns Decl. ¶¶ 4 and Composite Exhibit¹ thereto]. Each order was able to be processed entirely online, and Invisible documented the information for finalizing payment⁴ for the products as identified on Schedule “A.” [See id.]. Plaintiffs' investigation revealed the E-commerce Store Names are operated and/or controlled by Defendants and/or their organization based upon overlapping payment data, similar website layout utilized by all the E-commerce Store Names, and their utilization of the same registrar for their e-commerce store accounts. [See Burns Decl. ¶¶ 4 and Composite Exhibit¹ thereto; Daley Decl. ¶¶ 3, n.2].

At the conclusion of the process, the Burberry-branded product ordered by Allegiance, as well as the detailed web pages and images captured by Allegiance and Invisible reflecting the products bearing and/or using the Burberry Marks offered for sale and/or ordered via Defendants’Ecommerce Store Names were sent to Plaintiffs' representative for inspection. [See Halter Decl. ¶¶ 13; Daley Decl. ¶ 2; Burns Decl., ¶¶ 4; Rieger Decl. ¶¶ 4–5].

Plaintiffs' representative reviewed and visually inspected the physical Burberry-branded product ordered by Allegiance, the Internet websites operating under each of the E-commerce Store Names, and the detailed web page captures reflecting the Burberry branded products advertised, promoted, offered for sale, and/or sold by Defendants and determined the products were not genuine versions of Plaintiffs' goods and/or were images of authentic products used by Defendants in order to facilitate the sale of non-genuine Burberry products. [See Halter Decl. ¶¶ 13–14].

On April 16, 2025, Plaintiffs filed their Complaint [ECF No. 1], and thereafter their Amended Complaint on April 24, 2025 [ECF No. 17], against Defendants for federal trademark counterfeiting and infringement, false designation of origin, common law unfair competition, and common law trademark infringement. On April 17, 2025, Plaintiffs filed their Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets [ECF No. 6]. Thereafter, on April 18, 2025, this Court issued a Sealed Order Granting Ex Parte Application for Entry of Temporary Restraining Order (the “TRO”) [ECF No. 9, docketed April 21, 2025], and temporarily restrained Defendants from infringing the Burberry Marks at issue. Pursuant to the Court's April 18, 2025, TRO, Plaintiff properly served Defendants with a copy of the Complaint and all filings in this matter [see ECF Nos. 20-21]. On May¹, 2025, the Court conducted a hearing on Plaintiffs' Application for Preliminary Injunction [ECF No. 6], at which only counsel for Plaintiffs was in attendance.

II. Legal Standard

In order to obtain a preliminary injunction, a party must demonstrate “(1) [there is] a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the nonmovant; and (4) that the entry of the relief would serve the public interest.” Schiavo ex. rel Schindler v. Schiavo, 403 F. 3d 1223, 1225–26 (11th Cir. 2005); see also Levi Strauss & Co. v. Sunrise Int'l. Trading Inc., 51 F. 3d 982, 985 (11th Cir. 1995) (applying the test to a preliminary injunction in a Lanham Act case).

III. Conclusions of Law

The declarations Plaintiffs submitted in support of their Application for Preliminary Injunction support the following conclusions of law:

A. Plaintiffs have a strong probability of proving at trial that consumers are likely to be confused by Defendants' advertisement, promotion, sale, offer for sale, and/or distribution of goods

bearing and/or using counterfeits, reproductions, or colorable imitations of the Burberry Marks, and that the products Defendants are selling and promoting for sale are copies of Plaintiffs' products that bear and/or use copies of the Burberry Marks.

B. Because of the infringement of the Burberry Marks, Plaintiffs are likely to suffer immediate and irreparable injury if a preliminary injunction is not granted. The following specific facts, as set forth in Plaintiffs' Complaint, Application for Preliminary Injunction, and accompanying declarations, demonstrate that immediate and irreparable loss, damage, and injury will result to Plaintiffs and to consumers because it is more likely true than not that:

1. Defendants own or control commercial Internet based e-commerce stores operating under their E-commerce Store Names that advertise, promote, offer for sale, and sell products bearing and/or using counterfeit and infringing trademarks or imitations of the Burberry Copyrighted Work in violation of Plaintiffs' rights; and

2. There is good cause to believe that more counterfeit and infringing products bearing and/or using Plaintiffs' trademarks will appear in the marketplace; that consumers are likely to be misled, confused, and/or disappointed by the quality of these products; and that Plaintiffs may suffer loss of sales for their genuine products.

C. The balance of potential harm to Defendants in restraining their trade in counterfeit and infringing branded goods if a preliminary injunction is issued is far outweighed by the potential harm to Plaintiffs, their reputation, and their goodwill as manufacturers and distributors of quality products if such relief is not issued.

D. The public interest favors issuance of the preliminary injunction to protect Plaintiffs' trademark interests and protect the public from being defrauded by the palming off of counterfeit and infringing goods as Plaintiffs' genuine goods.

E. Under 15 U.S.C. § 1117(a), Plaintiffs may be entitled to recover, as an equitable remedy, the illegal profits gained through Defendants' distribution and sales of goods bearing and/or using counterfeits and infringements of the Burberry Marks. See Reebok Int'l, Ltd. v. Marnatech Enters., Inc., 970 F. 2d 552, 559 (9th Cir. 1992) (quoting Fuller Brush Products Co. v. Fuller Brush Co., 299 F. 2d 772, 777 (7th Cir. 1962) (“An accounting of profits under § 1117(a) is not synonymous with an award of monetary damages: ‘[a]n accounting for profits . . . is an equitable remedy subject to the principles of equity."")).

F. Requesting equitable relief “invokes the district court's inherent equitable powers to order preliminary relief, including an asset freeze, in order to assure the availability of permanent relief." Levi Strauss & Co., 51 F. 3d at 987 (citing Federal Trade Commission v. United States Oil & Gas Corp., 748 F. 2d 1431, 1433-34 (11th Cir. 1984)).

G. In light of the inherently deceptive nature of the counterfeiting business, and the likelihood that Defendants have violated federal trademark laws, Plaintiffs have good reason to believe Defendants will hide or transfer their ill-gotten assets beyond the jurisdiction of this Court unless those assets are restrained.

Upon review of Plaintiffs' Complaint, Application for Preliminary Injunction, and supporting evidentiary submissions, it is hereby ORDERED AND ADJUDGED that pursuant to 15 U.S.C. § 1116, Federal Rule of Civil Procedure 65, 28 U.S.C. § 1651(a), and the Court's inherent authority, Plaintiffs' Application for Preliminary Injunction [ECF No. 6] is GRANTED, according to the terms set forth below:

Each Defendant, its officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with any Defendant having notice of this Order are enjoined and restrained until further Order of this Court:

a. From manufacturing, importing, advertising, promoting, offering to sell, selling, distributing, or transferring any products bearing and/or using the Burberry

Marks, or any confusingly similar trademarks, other than those actually manufactured or distributed by Plaintiffs; and

b. From secreting, concealing, destroying, selling off, transferring, or otherwise disposing of: (i) any products, not manufactured or distributed by Plaintiffs, bearing and/or using the Burberry Marks or any confusingly similar trademarks; or (ii) any evidence relating to the manufacture, importation, sale, offer for sale, distribution, or transfer of any products bearing and/or using the Burberry Marks or any confusingly similar trademarks; or (iii) any assets or other financial accounts subject to this Order, including inventory assets, in the actual or constructive possession of, or owned, controlled, or held by, or subject to access by, any Defendant, including, but not limited to, any assets held by or on behalf of any Defendant.

(2) Each Defendant, its officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with any Defendant having notice of this Order shall immediately discontinue, until further Order of this Court, the use of the Burberry Marks or any confusingly similar trademarks, on or in connection with all Internet based e-commerce stores owned and operated, or controlled by them, including the Internet based e-commerce stores operating under the E-commerce Store Names;

(3) Each Defendant, its officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with any Defendant having notice of this Order shall immediately discontinue, until further Order of this Court, the use of the Burberry Marks, or any confusingly similar trademarks within 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 any other form of use of such terms that are visible to a computer user or serves to direct computer searches to Internet based e-commerce stores registered, owned, or operated by any Defendant, including the Internet e-commerce stores operating under the E-commerce Store Names;

(4) Each Defendant shall preserve copies of all computer files relating to the use of any of the Internet based e-commerce stores operating under their E-commerce Store Names and shall

take all steps necessary to retrieve computer files relating to the use of the Internet based e-commerce stores operating under their E-commerce Store Names that may have been deleted before the entry of this Order;

(5) Upon Plaintiffs' request, the privacy protection service for any of the E-commerce Store Names for which the registrant uses such privacy protection service to conceal the registrant's identity and contact information is ordered to disclose to Plaintiffs, to the extent not already done, the true identities and contact information of those registrants;

(6) Upon receipt of notice of this Order, Defendants and all financial institutions, payment processors, banks, escrow services, money transmitters, or marketplace platforms, including but not limited to, PayPal, Inc. (“PayPal”) and PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal EU”), and their related companies and affiliates shall immediately, to the extent not already done, (i) identify all financial accounts and/or sub-accounts, associated with the Internet based e-commerce stores operating under the E-commerce Store Names, the payment accounts, payees, merchant identification numbers, and/or the e-mail addresses identified on Schedule “A” hereto, as well as any other related accounts of the same customer(s); (ii) identify all other accounts that transfer funds into the same financial institution account(s) or any of the other financial accounts subject to this Order; (iii) restrain the transfer of all funds, as opposed to ongoing account activity, held or received for their benefit or to be transferred into their respective financial accounts, and any other financial accounts tied thereto; and (iv) divert those restrained funds to a holding account for the trust of the Court;

Upon receipt of notice of this Order, Defendants and all financial institutions, payment processors, banks, escrow services, money transmitters, or marketplace platforms, including but not limited to, PayPal and PayPal EU, and their related companies and affiliates, shall further, to the extent not already done, provide Plaintiffs' counsel with all data that details (i) an accounting of the total funds restrained and identify the financial account(s) and sub-account(s) which the restrained

funds are related to, and (ii) the account transactions related to all funds transmitted into the financial account(s) and sub-account(s) which have been restrained. No funds restrained by this Order shall be transferred or surrendered by any financial institution, payment processor, bank, escrow service, money transmitter, or marketplace website, including but not limited to, PayPal and PayPal EU, and their related companies and affiliates for any purpose (other than pursuant to a purchase refund chargeback made by a consumer) without the express authorization of this Court;

(8) Any Defendant or financial institution account holder subject to this Order may petition the Court to modify the asset restraint set out in this Order.

(9) This Order shall apply to the E-commerce Store Names, associated e-commerce stores, and financial accounts, any other seller identification names, e-commerce store names, private messaging accounts, or financial accounts that are being used by Defendants for the purpose of counterfeiting or infringing the Burberry Marks at issue in this action and/or unfairly competing with Plaintiffs;

(10) As a matter of law, this Order shall no longer apply to any Defendant or associated ecommerce store dismissed from this action or as to which Plaintiffs have withdrawn their request for a preliminary injunction;

(11) Pursuant to 15 U.S.C. § 1116(d)(5)(D) and Federal Rule of Civil Procedure 65(c), Plaintiffs shall maintain its previously posted bond in the amount of Ten Thousand Dollars and Zero Cents ($10,000.00), as payment of damages to which Defendants may be entitled for a wrongful injunction or restraint, during the pendency of this action, or until further Order of the Court. In the Court's discretion, the bond may be subject to increase should an application be made in the interest of justice; and

(12) This Order shall remain in effect during the pendency of this action, or until such further date as set by the Court or stipulated by the parties.

DONE AND ORDERED in the Southern District of Florida on May¹, 2025.

DAVID S. LEIBOWITZ UNITED STATES DISTRICT JUDGE

cc: counsel of record

SCHEDULE A DEFENDANTS BY NUMBER, E-COMMERCE STORE NAME, FINANCIAL ACCOUNT INFORMATION, AND E-MAIL ADDRESSES

Def. | Defendant / E-commerce | Payee | Merchant ID | E-mail Addresses No. | Store Name | Information | | ---|---|---|---|---

[fn¹]: The factual background is taken from Plaintiffs' Complaint, Application, and supporting Declarations submitted by Plaintiffs.

[fn²]: Invisible was also retained to document the available payment account data Defendants use for the sale of counterfeit Burberry branded products. [See Burns Decl. ¶¶ 3].

[fn³]: Defendants use money transfer and retention services with PayPal, Inc. to receive monies generated through the sale of counterfeit products. [See Daley Decl. ¶¶ 5; Burns Decl. ¶ 4 n.1]. [fn 4]: Invisible did not to transmit the funds to finalize the sale for the orders for the Defendants so as to avoid adding money to Defendants' coffers. [See Daley Decl. ¶¶ 2 n.1; Burns Decl. ¶¶ 4 n.2].