ADJ 26, LLC

v.

GIGI

THIS CAUSE is before the Court on Plaintiffs, ADJ 26, LLC (“ADJ”) and Fume, LLC (“Fume,” collectively with ADJ, the “Plaintiffs”)’s Original Complaint, Application for Ex Parte Temporary Restraining Order, Seizure Order, Temporary Injunction, and Permanent Injunction [DE¹]; Plaintiffs’ Ex Parte Motion for Temporary Restraining Order, Preliminary Injunction, Seizure Order, and Permanent Injunction [DE 4]; Plaintiffs’ Amended¹ Emergency Ex Parte Motion for Temporary Restraining Order, Preliminary Injunction, Seizure Order, and Permanent Injunction [DE 8]; and the October 14, 2021 Sealed Report and Recommendation of Magistrate Judge Lurana S. Snow [DE 12]. Objections to the Magistrate’s Recommendation are due by October 28, 2021, but Plaintiffs have informed the Court they are waiving all objections to the Magistrate’s Recommendation.

Accordingly, there being no objections, the Magistrate Judge’s factual

4. Plaintiffs’ Amended Emergency Ex Parte Motion for Temporary Restraining Order, Preliminary Injunction, Seizure Order, and Permanent Injunction [DE 8] remains REFERRED to Magistrate Judge Snow, who shall, by separate order, set this matter for a hearing on Plaintiffs’ request for a Preliminary Injunction, to determine whether Defendants should be enjoined, pending the final hearing and determination of this action, as follows: (a) From using the trademarks or shown on U.S. Trademark Registration Nos. 86270524 of May 2, 2014 (the “trademark”), or any marks similar thereto in connection with the sale of any unauthorized goods or the rendering of any unauthorized services; (b) From manufacturing, distributing, advertising, promoting, offering for sale, holding for sale, or selling any goods, labels, tags, logos, decals, emblems, signs, and other forms of markings, any packaging, wrappers, containers and receptacles, and any silk screens, catalogs, price lists, promotional materials and the like bearing a copy or colorable imitation the trademark; (c) From using any logo, trade name, or trademark which may be calculated to falsely represent or which has the effect of falsely representing that the services or products of Defendants are sponsored by, authorized by, or in any way associated with the trademark; (d) From infringing Fume, LLC’s registered trademark; (e) From otherwise unfairly competing with Fume, LLC; (f) From falsely representing themselves as being connected with Fume, LLC or sponsored by or associated with Fume, LLC; (g) From using any reproduction, counterfeit, copy, or colorable imitation of the trademark or any of Fume, LLC’s trademarks in connection with the publicity, promotion, sale, or advertising of goods sold by Defendants including, without limitation, knit garments or other apparel bearing a copy or colorable imitation of Fume, LLC’s trademark; (h) From 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 such goods as being those of Plaintiffs and from offering such goods in commerce; and, (i) From using any trademark or trade name in connection with the sale of any goods which may be calculated to falsely represent such goods as being connected with, approved by or sponsored by Fume,

LLC.

5. IT IS FURTHER ORDERED that pending the hearing and determination of Plaintiffs’ motion for preliminary injunction, Defendants, their agents, servants, employees, officers, and all other persons in active concert or participation with them, be and hereby are, without prior written or oral notice, temporarily restrained and enjoined from in any manner, either directly or indirectly, committing any of the acts set forth above which are sought to be enjoined by Plaintiffs.

7. Defendants are hereby put on notice that failure to attend the preliminary injunction hearing(s), as scheduled by Magistrate Judge Snow, may result in the immediate issuance of the preliminary injunction relief as requested in Plaintiffs’ Complaint and Motion, including but not limited to, the issuance of the seizure order previously denied.

8. Plaintiffs shall serve a copy of this Order, along with all filings in this case, upon Defendants, and shall file an affidavit of compliance in the record within three (3) days.

9. The Clerk is DIRECTED to place this Order, UNSEALED, in the publicly accessible docket and to UNSEAL all docket entries and the associated exhibits in this case. DONE and ORDERED in Chambers in Ft. Lauderdale, Broward County, Florida, this 15th day of October, 2021. jj 4 Al. f ? recnif hag

VILLIAM P. DIMITROULEAS

United States District Judge Copies to: Magistrate Judge Snow Counsel of record