Brainista, Inc. v. NA LLC et al.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
Brainista, Inc.
Plaintiff
v.
NA LLC, and
John Doe(s)
Defendants
CIVIL ACTION NO. 5:25-cv-02511-JRA
JUDGE JOHN R. ADAMS
EX PARTE TEMPORARY RESTRAINING ORDER
AND ORDER RESTRAINING ASSETS
THIS CAUSE being before the Court on Plaintiff Brainista Inc. (“Plaintiff” or “Brainista”)
Ex Parte Motion for Entry of a Temporary Restraining Order (“Motion”), the Court hereby
GRANTS the Motion as follows.
This Court finds, in the absence of adversarial presentation, that it has personal jurisdiction
over the Defendants NA LLC and John Doe(s) (“Defendants”) since the Defendants directly target
their business activities toward consumers in the United States, including Ohio. Specifically,
Plaintiff has provided a basis to conclude that Defendants have targeted sales to Ohio residents by
setting up and operating e-commerce stores that target United States consumers on the website
natures.com (and previously natureszempic.com), offering shipping to the United States, including
Ohio, accepting payment in U.S. dollars, and selling to residents of Ohio products that infringe:
Brainista’s 	registered 	U.S. 	trademarks 	(7,711,918; 	7,711,919; 	7,696,771; 	and 	7,696,769)
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Accordingly, this Court orders that:
1. 	Defendants, its officers, agents, servants, employees, and attorneys, and all other
persons in active concert or preparation with them be temporarily enjoined and restrained from:
a. 	offering for sale, selling, distributing, advertising, transferring, disposing, and
importing in the United States any products not authorized by Brainista and that
include 	any 	reproduction, 	copy, 	or 	colorable 	imitation 	of 	Brainista’s
(collectively, “Brainista’s Trademarks”), Brainista’s unregistered trade dress, and Brainista’s
copyrights (VA2430977) (“Brainista’s Copyrighted Work”). (Busch Decl. ¶ 18; ECF No. 6-2.)
This Court also finds that issuing this Order without notice pursuant to Rule 65(b)(1) of
the Federal Rules of Civil Procedure is appropriate because Plaintiff has presented specific facts
in support of the Motion and accompanying evidence showing that immediate and irreparable
injury, loss, or damage will result to the movant before the adverse party can be heard in
opposition. Plaintiff has suffered, and will continue to suffer, diversion of sales, loss of control
over Plaintiff’s marks, trade dress, and copyrighted works, and damage to customer goodwill
caused by Defendants’ unauthorized sale, advertisement, and promotion of infringing and
counterfeit products. The harm is irreparable because consumer confusion, reputational injury, and
long-term marketplace effects cannot be fully measured or compensated by monetary damages,
and the continued availability of Defendants’ infringing goods increases that harm each day. The
Court further finds that ex parte relief is necessary because advance notice would likely enable
Defendants to remove listings, conceal or destroy records, transfer funds, or otherwise evade the
Court’s ability to preserve the status quo.
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Trademarks, Copyrighted Work, and/or trade dress (including Zempic and/or
Natures-branded yerba mate products);
b. 	making or disseminating any false origin or affiliation statements, including
statements portraying Defendants as the “original” source of Yerba Magic
products or describing Brainista’s authentic goods as imitations, “knock-offs,”
or inferior products; and
c. 	aiding, abetting, contributing to, or otherwise assisting anyone in infringing
upon Brainista’s trademark rights and copyrights.
2. 	Upon Brainista’s request, those with notice of the injunction, including any online
marketplace platforms, payment processors, hosts, credit-card processor and merchant service
providers such as eBay, Inc. (“eBay”), AliExpress, Alibaba Group Holding Ltd. (“Alibaba”),
Amazon.com 	(“Amazon”), 	Walmart 	Inc. 	(“Walmart”), 	Etsy, 	Inc. (“Etsy”), 	Alphabet 	Inc.
(“Google”), PayPal Holdings Inc. (“PayPal”), Stripe Inc. (“Stripe”), Payoneer Global Inc.
(“Payoneer”), Shopify Inc. (“Shopify”), and ByteDance and/or Tik Tok LLC (“Tik Tok Shop”)
shall within two (2) days after receipt of such notice:
a. 	disable and cease displaying any advertisements used by or associated with
Defendants in connection with the sale of infringing goods using Brainista’s
Trademarks, Copyrighted Works, and/or trade dress (including Zempic and/or
Natures-branded yerba mate products);
b. 	locate accounts and funds connected to Defendants, including those linked to
any email address, marketplace identifier, merchant ID, payout ID, or other
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credentials provided by Defendants, and any email address or identifier
supplied by Defendants;
c. 	restrain and enjoin such accounts from transferring, withdrawing, disbursing,
or otherwise disposing of any money or assets pending further order of this
Court; and
d. 	preserve 	and 	produce 	to 	Brainista 	documents 	and 	records 	relating 	to
Defendants’ product listings, advertising, and sale of such infringing products,
including but not limited to account details, seller information, transaction
histories, payment account identifiers, and contact information.
3. This Temporary Restraining Order is entered at 1:20 P.M. on this 19th day of
November, 2025, and shall remain in effect for fourteen (14) days.
____________________________
Judge John R. Adams
United States District Court Judge
/s/ John R. Adams
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