Bridlington Bud Ltd. v. The Partnerships, Unincorporated Associations Identified on Schedule A

OCR transcription for search; preserved printed pages are authoritative

Case 1:25-cv-25807-JB Document 36 Entered on FLSD Docket 01/27/2026 Page 1 of 10
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO. 25-cv-25807-JB
BRIDLINGTON BUD LTD,
Plaintiff,
V. THE PARTNERSHIPS, UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A,
Defendants. /
PRELIMINARY INJUNCTION ORDER
THIS CAUSE comes before the Court upon Plaintiff's Motion for Entry of a Preliminary Injunction (the "Motion"), ECF No. [16] against Defendants, the Partnerships and Unincorporated Associations Identified on Schedule A, attached hereto, (collectively the "Defendants"), and an order restraining the financial accounts used by Defendants pursuant to 15 U.S.C. § 1116 and Federal Rule of Civil Procedure 65(a).
On December 30, 2025, the Court entered a Temporary Restraining Order and Order Restraining Transfer of Assets, (the "TRO") against Defendants. On January 6, 2026, Plaintiff filed its Motion requesting that the TRO be converted to a preliminary injunction. ECF No. [16]. Plaintiff filed Certificates of Service as to all Defendants pursuant to the Court's TRO. ECF Nos. [17], [21], [26]. On January 12, 2026, the Court entered an Order setting a hearing on Plaintiff's Motion for Preliminary Injunction, and requiring Plaintiff to continue serving notice of the
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AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO

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Preliminary Injunction hearing and this Court’s Orders on Defendants, and file a
notice of the total funds restrained pursuant to the Court’s TRO. 	ECF No. [20].
Plaintiff’s 	Certificates 	of 	Service 	affirmed 	that 	Plaintiff 	served 	notice 	on 	the
Defendants identified on Schedule “A” hereto by (1) emailing Defendants Plaintiff’s
Motion for Preliminary Injunction, and a notice of the Court’s hearing on the
Plaintiff’s Motion; and (2) posting copies of the Complaint, TRO, the Motion, and all
other 	documents 	filed 	in 	this 	action 	at
https://cloud.palmerlawgroup.com/index.php/s/esTNoWCNFbOmuHZ, 	where 	such
documents are available to view and download in compliance with this Court’s TRO.
ECF No. [20].
Only 	counsel 	for 	Plaintiff 	appeared 	at 	the 	Hearing 	on 	the 	Motion. 	As
represented by Plaintiff’s counsel at the Hearing and reflected on the docket of this
case, no Defendants have made any appearance, indicated an intention to challenge
the TRO, or otherwise answered and/or defended against the Complaint.1 At the
Hearing, the Court heard argument from Plaintiff and reviewed the evidence that
Plaintiff’s counsel presented to the Court.
For the reasons stated below, Plaintiff BRIDLINGTON BUD LTD’s request for
preliminary injunctive relief is GRANTED.
1 Three 	Defendants 	filed 	a 	response 	in 	opposition 	to 	Plaintiff’s 	Motion 	for 	a
Preliminary 	Injunction, 	however, 	the parties 	subsequently 	settled the 	case as
between them prior to the hearing. ECF No. [27].
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I. 	Factual Background
The following factual background is taken from Plaintiff’s Complaint, ECF No.
[1], the Application, and supporting evidentiary submissions and exhibits.
Plaintiff is the owner of the federally registered trademark ACDANC (referred
to herein as the “ACDANC” mark) under U.S. Trademark Registration No. 6,362,407.
See Exhibit 1, ECF No. [7-1]; see also Decl. of Du, ECF No. [7-3] ¶3. 	The ACDANC
mark is used with containers for household use, cruets, cookery moulds, kitchen mitts,
ice pails, and related products. Id.
Defendants, through internet-based e-commerce stores operating under their
seller aliases identified on Schedule A attached herewith, have advertised, promoted,
offered for sale, or sold infringement products using the ACDANC mark. See Decl. of
Du, ECF No. [7-3] ¶¶9-12. 	Based on the infringing evidence provided by Plaintiff,
ECF No. [7-4], “Defendants directly target business activities toward consumers in
the United States, including Florida, through their fully interactive e-commerce
platforms.” See Decl. of Du, ECF No. [7-3] ¶¶9-12. Further, Plaintiff has “not licensed
or 	authorized 	these 	Defendants 	to 	use 	the 	ACDANC 	mark, 	and 	none 	of 	the
Defendants are authorized retailers of genuine ACDANC Products.” Id. ¶13.
Further, counsel for Plaintiff has “reviewed the images and product description
displayed on the websites, including the domain name, the product listing, the
product information, and detailed seller information of each seller identified on
Schedule A and has determined “that Defendants are promoting, advertising, offering
for sale, and/or selling various kitchen supplies and related accessories using the
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ACDANC 	mark, 	without 	authorization, 	via 	Internet-based 	e-commerce 	stores
operating under the seller names identified on Schedule A.” See Decl. of Palmer, ECF
No. [7-2] ¶2. Further, “[a]fter reviewing the infringing evidence,” counsel for Plaintiff
also believes that “it is apparent that the activities of the sellers identified in
Schedule A 	are 	consistent 	with 	the 	general 	patterns 	of 	online 	counterfeiting
activities.” Id. ¶4.
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 non-movant; 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).
III. Discussion
The declarations and Infringing Evidence Plaintiff submitted support the
following conclusions of law:
1. 	Plaintiff has 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 ACDANC mark, and that the products Defendants are
selling and promoting for sale are copies of the Plaintiff’s products that bear and/or
use copies of the ACDANC mark.
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2. 	Because of the infringement of the ACDANC mark, Plaintiff is likely to
suffer immediate and irreparable injury if a preliminary injunction is not granted.
The 	following 	specific 	facts, 	as 	set 	forth 	in 	Plaintiff’s 	Complaint, 	request 	for
Preliminary 	Injunction, 	and 	declarations, 	demonstrate 	that 	immediate 	and
irreparable loss, damage, and injury will result to Plaintiff and to consumers:
a. 	Defendants own or control e-commerce stores operating under
their store aliases which advertise, promote, offer for sale, and sell products bearing
and/or using counterfeit and infringing trademarks in violation of Plaintiff’s rights;
b. 	There 	is 	good 	cause 	to 	believe 	that 	more 	counterfeit 	and
infringing products bearing and/or using Plaintiff’s trademarks will appear in the
marketplace; that consumers are likely to be misled, confused, and disappointed by
the quality of these products; and that Plaintiff may suffer loss of sales for their
genuine products; and
3. 	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 Plaintiff, its reputation, and its goodwill as a
manufacturer and distributor of quality products if such relief is not issued.
4. 	The public interest favors issuance of the preliminary injunction to
protect Plaintiff’s trademark interests, to encourage respect for the law, to facilitate
the invention and development of innovative products, and to protect the public from
being defrauded by the illegal sale of counterfeit goods.
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5. 	Under 15 U.S.C. § 1117(a), Plaintiff 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 ACDANC
mark. See Reebok Int’l, Ltd. v. Marnatech Enters., Inc., 970 F.2d 552, 559 (9th Cir.
1992) (quoting Fuller Brush Prods. 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.’”)).
6. 	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)).
7. 	Considering 	the 	inherently 	deceptive 	nature 	of 	the 	counterfeiting
business, and the likelihood that Defendants have violated federal trademark laws,
Plaintiff has good reason to believe Defendants will hide or transfer their ill-gotten
assets beyond the jurisdiction of this Court unless those assets are restrained.
Accordingly, upon due consideration of Plaintiff’s Complaint, Motions, and
supporting evidentiary submissions, it is 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, Plaintiff’s Request for Entry of a Preliminary
Injunction is GRANTED, under the terms set forth below:
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1. 	Defendants, their affiliates, officers, agents, servants, employees, attorneys,
confederates, and all persons acting for, with, by, through, under or in active
concert with them are preliminarily enjoined and restrained from:
a. 	using Plaintiff’s ACDANC mark or any reproductions, counterfeit copies
or colorable imitations thereof in any manner in connection with the
distribution, marketing, advertising, offering for sale, or sale of any
product that is not a genuine ACDANC product or not authorized by
Plaintiff to be sold in connection with Plaintiff’s ACDANC mark;
b. 	passing off, inducing, or enabling others to sell or pass off any product as
a genuine ACDANC product or any other product produced by Plaintiff,
that is not Plaintiff’s or not produced under the authorization, control or
supervision of Plaintiff and approved by Plaintiff for sale under Plaintiff’s
ACDANC mark;
c. 	committing 	any 	acts 	calculated to 	cause 	consumers 	to 	believe 	that
Defendants’ products are those sold under the authorization, control or
supervision of Plaintiff, or are sponsored by, approved by, or otherwise
connected with Plaintiff;
d. 	further infringing Plaintiff’s ACDANC mark and/or damaging Plaintiff’s
goodwill;
e. 	otherwise competing unfairly with Plaintiff in any manner; and/or
f. 	shipping, delivering, holding for sale, transferring or otherwise moving,
storing, distributing, returning, or otherwise disposing of, in any manner,
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products or inventory not manufactured by or for Plaintiff, nor authorized
by Plaintiff to be sold or offered for sale, and which bear Plaintiff’s
ACDANC trademark or any reproductions, counterfeit copies or colorable
imitations thereof.
2. 	Defendants and any person in active concert or participation with them who
have actual notice of this Order shall be preliminarily restrained and enjoined
from transferring or disposing of any money or other of Defendants’ assets
until further ordered by this Court.
3. 	Any third-party providers, including PayPal, Payoneer, and Walmart, Inc.
shall, within two (2) business days of receipt of this Order, for any of
Defendants or any of Defendants’ Online Marketplace Accounts or websites:
a. 	locate all accounts and funds connected to Defendants, Defendants’
Online Marketplace Accounts or Defendants’ websites, including, but not
limited to, any financial accounts connected to the information listed in
Schedule 	A 	attached 	hereto 	and 	any 	email 	addresses 	provided 	for
Defendants by third parties; and
b. 	restrain and enjoin any such accounts or funds from transferring or
disposing of money or any other assets belonging to Defendants until
further ordered by this Court.
4. 	This Order shall apply to the Seller Aliases, associated e-commerce stores and
websites, and any other seller identification names, e-commerce stores,
domain names, websites, or financial accounts which are being used by
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Defendants for the purpose of infringing the ACDANC mark at issue in this
action and/or unfairly competing with Plaintiff.
5. 	Any of Defendants subject to this Order may appear and move to dissolve or
modify the Order on two-days’ notice to Plaintiff or on shorter notice as set by
this Court.
6. 	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.
7. 	The Court determines that the bond in the amount of Five Thousand
Dollars and Zero Cents ($5,000.00) posted by Plaintiff is sufficient and shall
remain with the Court.
8. 	As a matter of law, this Preliminary Injunction shall no longer apply to any
Defendant or associated e-commerce store dismissed from this action or as to
which Plaintiff has withdrawn its request for a preliminary injunction.
9. 	This Order shall remain in effect during the pendency of this action, or until
further Order of this Court.
DONE AND ORDERED in Miami, Florida, on this 27th day of January, 2026.
JACQUELINE BECERRA
UNITED STATES DISTRICT JUDGE
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Schedule A Defendants
Def. #
Seller Aliases
Defendants' Walmart Store URLs
1
Oncusgr
https://www.walmart.com/global/seller/102824332
2
CAONIMIE strores
https://www.walmart.com/global/seller/102849379
3
DISMISSED
4
LifestyleNex
https://www.walmart.com/global/seller/102717533
5
DISMISSED
6
yyytttsa
https://www.walmart.com/global/seller/102880291
7
zhijiangshichuanrangshangmao
https://www.walmart.com/global/seller/102753812
8
QinSiLiStore
https://www.walmart.com/global/seller/102765434
9
Luca
https://www.walmart.com/global/seller/102911294
10
DISMISSED
11
DISMISSED
12
yiyyyds
https://www.walmart.com/global/seller/102881181
14
Oddities Oasis
https://www.walmart.com/global/seller/102746020
15
feixug
https://www.walmart.com/global/seller/102857612
16
guoshengjun
https://www.walmart.com/global/seller/102748630
17
o/ngyih
https://www.walmart.com/global/seller/102843763
18
liCQIAN
https://www.walmart.com/global/seller/102857858
13
WarmNest Workshop
https://www.walmart.com/global/seller/102722372
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