National Association for Stock Car Auto Racing, LLC trademark 侵权案 （26-cv-02955 · 维权律所 代理）

案件结束 / Case closed

Seal

MOTION to Seal certain documents. Document filed by National Association for Stock Car Auto Racing, LLC..(Mu, Shengmao) (Entered: 04/10/2026)

TRO 动议 / TRO motion

EX PARTE MOTION for Temporary Restraining Order . Document filed by National Association for Stock Car Auto Racing, LLC..(Mu, Shengmao) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 04/10/2026)

TRO 动议 / TRO motion

FIRST MEMORANDUM OF LAW in Opposition re: 7 EX PARTE MOTION for Temporary Restraining Order . and in Support of Defendant Royauras Motion to Dissolve the Temporary Restraining Order and Deny Preliminary Injunctive Relief. Document filed by Royaura..(Wang, Zhangyuxi) (Entered: 05/04/2026)

案件结束 / Case closed

ORDER: In its status letter dated April 30, 2026, Plaintiff indicated that it has "heard from several Defendants via email in response to the TRO" and "is engaging in settlement negotiations." ECF No. 28. By May 7, 2026, Plaintiff shall indicate whether it has reached a settlement with any of the Defendants and whether Plaintiff intends to dismiss its claims against any of the Defendants. SO ORDERED. (Signed by Judge Analisa Torres on 5/6/2026) (vfr)

保证金提交 / Bond posted

PRELIMINARY INJUNCTION PRELIMINARY INJUNCTION ORDER: The Court has considered Plaintiff's Motion To Show Cause As To Why A Preliminary Injunction Should Not Issue (the "Motion to Show Cause") and oral arguments made in the hearing be fore the Court on May 13, 2026 ("May 13 Hearing"). Based on the papers and other evidence submitted in support of the Motion to Show Cause, and for good cause shown, the Court makes the following findings of fact and conclusions of law: 1. The Court has personal jurisdiction over Defendants for the purpose of Plaintiff's motion pursuant to Federal Rule of Civil Procedure 4(k)(2). First, this action arises under federal law, the Lanham Act, 15 United States Code Section 1051, et seq., see Compl. P 1, ECF No. 1. Second, Plaintiff has met its burden of certifying that, to its knowledge, Defendants are not subject to jurisdiction in any state court of general jurisdiction, according to the sworn declaration of Plaintiff' s counsel submitted in support of its motion for a preliminary injunction. See Astor Chocolate Corp. v. Elite Gold Ltd., 510 F. Supp. 3d 108, 125 (S.D.N.Y. 2020); Mu Decl. II P 2, ECF No. 34. Third, Plaintiff has sufficiently alleged that Defendants have targeted their sales of infringing products to markets in the United States, including in this District, through online marketplace platforms like PayPal, Shop Pay, Amazon, and Walmart, and have targeted consumers in the United States, by, f or example, offering shipping to the United States, including to New York, and listing the infringing products in U.S. dollars. See Compl. PP 2, 6, 36; Compl. Ex. 2; Mu Decl. I P 10. Although Defendants have the right to challenge the existence of a basis for personal jurisdiction, with the exception of Royaura, Plaintiff's allegations are uncontested, and such a showing is sufficient to support a claim for injunctive relief. See Overnight Blowout LLC v. Xuchang Yunduan Hair Prods. Co., No. 24 Civ. 7926, 2024 WL 5202547, at *4 (S.D.N.Y. Dec. 23, 2024). For the reasons stated on the record at the May 13 Hearing, Royaura's arguments that this Court lacks personal jurisdiction over it for the purpose of Plaintiff's motion f ail. As further set forth in this Order, The injunctive relief previously granted in the TRO shall remain in place through the pendency of this action, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and 15 U.S.C. § ; 1116(a). Based on the foregoing findings of fact and conclusions of law, Plaintiff's Motion to Show Cause is hereby GRANTED with respect to Defendants listed in Schedule A and it is ORDERED as follows: As sufficient causes have been shown, D efendants are hereby enjoined and restrained from engaging in any of the following conduct pending the final hearing and determination of this action or until further order of the Court: a. Cease and refrain from manufacturing, advertising, offering for sale, selling, distributing, destroying, selling off, transferring, or otherwise disposing of any Infringing Products; b. Cease and refrain from manufacturing, advertising, offering to sell, selling, reproducing, or distributing any goods utili zing the Plaintiff's NASCAR Marks, or any confusingly similar goods, other than genuine products manufactured or distributed by Plaintiff or its authorized manufacturers and distributors; c. Cease and refrain from destroying, selling off, tran sferring, or otherwise disposing of any documents, electronically stored information, or financial records or assets of any kind relating to the manufacture, importation, sale, offer for sale, distribution, or transfer of any Infringing Products; d . Cease and refrain from using the Plaintiff's NASCAR Marks on or in connection with any seller alias that any Defendant may own, operate, or control on any Marketplace; e. Cease and refrain from any and all use of the Plaintiff's NASCAR M arks as metatags, on any webpage (including the title of any web page), in any advertising links to other websites, from search engines' databases or cache memory, or any other form of use of such terms that are visible to a computer user or s erves to direct computer searches to Seller Aliases registered, owned or operated by any Defendant on any Marketplace; and; f. Cease and refrain from altering, disabling, closing, or transferring ownership of any seller alias on any Marketplace. Asse t Restraint As sufficient cause has been shown, the asset restraint granted in the TRO shall remain in place through the pendency of this litigation, including that: a. within five (5) days of receipt of service of this Order, that any Financial In stitutions such as (i) Amazon, (ii) PayPal, Inc. ("PayPal"), (iii) Payoneer, Inc ("Payonee"), (iv) Ping Pong Global Solutions Inc ("Ping Pong"), (v) Coinbase Global, Inc "Coinbase"), and (vi) eBay (collectivel y referred to as the "Financial Institutions") shall locate all accounts associated with Defendants (the "Defendants' Accounts") and other assets belonging to Defendants, including any cryptocurrency (the "Defendants&q uot; Assets") and shall locate, attach, and restrain the transfer or disposing of monies or funds from Defendants' Accounts, as well as the transfer or disposing of Defendants' Assets, until further ordered by this Court. The Financi al Institutions shall provide written confirmation of their compliance with the foregoing to Plaintiff. As sufficient cause has been shown, the expedited discovery order previously granted in the TRO shall remain in place through the pendency of thi s litigation, including that: a. within five (5) days of receipt of service of this Order, the Financial Institutions shall provide the following information to Plaintiff's counsel (to the extent such information is in the Financial Institution s' possession, custody, or control): Identifying information for Defendants, including all available contact information (which shall include, if available, all known e-mail addresses and mailing addresses), as well as all associated account n umbers and account balances, regardless of the platform or institution; Any User Accounts and/or online marketplace websites affiliated with Defendants that are not listed on Schedule A to the Complaint; Information concerning any of Defendants' ; Accounts or Defendants' Assets including any and all related, connected or otherwise associated accounts or assets, regardless of the hosting platform or institution. As further set forth in this Order, The $1,500.00 bond posted by Plai ntiff shall remain with the Court until a final disposition of this case or until this Order is terminated. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by this Court. SO ORDERED. (Signed by Judge Analisa Torres on 5/13/2026) (ar) Transmission to Finance Unit (Cashiers) for processing.

Letter

案件结束 / Case closed

案件结束 / Case closed

Order

ORDER: If after making the necessary efforts pursuant to the Hague Convention, Plaintiff is unable to effectuate service, Plaintiff may renew its request for leave to serve via alternative means. Plaintiff's request is therefore denied without prejudice. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 7/6/2026) (jjc) (Entered: 07/06/2026)