Converse Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CONVERSE INC., 	)
)
Plaintiff, 	)
)
vs. 	) 	Case No. 4:25-cv-01843-MTS
)
THE PARTNERSHIPS AND 	)
UNINCORPORATED ASSOCIATIONS 	)
IDENTIFIED ON SCHEDULE A, 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Converse Inc.’s (“Converse” or
“Plaintiff”) Motion for Preliminary Injunction. 	Doc. [30]. 	No party has opposed the
Motion, and the time for doing so has elapsed. For the reasons that follow, the Court will
enter the unopposed preliminary injunction that Converse seeks.1
*
Converse asserts one count of Trademark Infringement and Counterfeiting, see 15
U.S.C. § 1114, and another for False Designation of Origin, see id. at § 1125(a), against
sixty-four individuals and business entities (the “Defendants”), each of whom operates an
e-commerce store that advertises and sells products violating the following trademarks:
1 The Court declines to hold an evidentiary hearing on Converse’s Motion because, on the
current record, there is no “material factual controversy.” See United Healthcare Ins. Co. v.
AdvancePCS, 316 F.3d 737, 744 (8th Cir. 2002).
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Registration
Number Trademark
1,654,951
3,175,430 	CONVERSE
3,258,103
4,062,112
4,065,482
4,398,753
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Doc. [1] at 5; Doc. [1-1].
The standard for issuing a temporary restraining order is identical to the standard
for issuing a preliminary injunction. 	See S.B. McLaughlin & Co. v. Tudor Oaks Condo.
Project, 877 F.2d 707, 708 (8th Cir. 1989). 	Four factors apply: “(1) the threat of
irreparable harm to the movant; (2) the state of the balance between this harm and the
injury that granting the injunction will inflict on other [litigants]; (3) the probability that
movant will succeed on the merits; and (4) the public interest.” Dataphase Sys., Inc. v. C
L Sys., Inc., 640 F.2d 109, 113 (8th Cir. 1981) (en banc). 	As the Court previously
concluded, see Doc. [26], all four factors weigh in favor of issuing a preliminary
injunction here.
As before, Converse has shown that it will likely succeed on the merits. 	In the
absence of adversarial presentation, the Court concludes that it has personal jurisdiction
over the Defendants, see NBA Props. Inc. v. HANWJH, 46 F.4th 614, 627 (7th Cir. 2022)
(finding personal jurisdiction over defendant that “availed itself of the [relevant] market
in offering and shipping a product to the forum”), and Converse has demonstrated a
likelihood 	of 	success 	on 	its 	infringement 	claims 	because 	it 	has 	shown 	“a 	valid,
protectable mark” and that “there is a likelihood of confusion between [Converse’s] mark
and the marks that [Defendants are] using.” H&R Block, Inc. v. Block, Inc., 58 F.4th 939,
946 (8th Cir. 2023); see Doc. [16] ¶ 31; Doc. [1-1]. Further, Converse has demonstrated
sufficient 	irreparable 	harm 	because 	its 	consumers 	will 	likely 	be 	confused 	by 	the
Defendants’ infringing conduct, see Coca-Cola Co. v. Purdy, 382 F.3d 774, 789 (8th Cir.
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2004), and there is “a loss of intangible assets like reputation and goodwill,” see United
Healthcare Ins. Co. v. AdvancePCS, 316 F.3d 737, 741 (8th Cir. 2002).
Additionally, the balance of the equities favors Converse as the trademark owner.
See Krause Int’l, Inc. v. Reed Elsevier, Inc., 866 F. Supp. 585, 587–88 (D.D.C. 1994); see
also Powerlift Door Consultants, Inc. v. Shepard, 0:21-cv-1316-WMW-ECW, 2021 WL
2911177, 	at 	*7 	(D. 	Minn. 	July 	12, 	2021) 	(entering 	a 	preliminary 	injunction 	and
describing the “self-inflicted” harm that infringers suffer when enjoined); accord Buffalo
Wild Wings Int’l, Inc. v. Grand Canyon Equity Partners, LLC, 829 F. Supp. 2d 836, 846
(D. Minn. 2011) (balancing the equities in favor of trademark owner in part because
defendants 	“brought 	this 	harm 	upon 	themselves 	through 	their 	non-payment 	and
infringement”). And the injunctive relief Converse seeks is in the public interest because
“protecting property rights, including plaintiff’s trademark, is obviously in the public
interest,” Xiem Studio, LLC v. Nguyen, 4:14-cv-1366-CEJ, 2015 WL 3795852, at *3
(E.D. Mo. June 18, 2015), as is “avoiding consumer confusion,” Anheuser-Busch, Inc. v.
Balducci Publications, 28 F.3d 769, 776 (8th Cir. 1994), and “ensuring that defendants
do not fraudulently or otherwise transfer assets during litigation to circumvent recovery
by a wronged plaintiff,” MeccaTech, Inc. v. Kiser, 8:05-cv-0570-LSC, 2008 WL 934366,
at *4 (D. Neb. Apr. 1, 2008). 	Therefore, for the same reasons that the Court entered a
Temporary Restraining Order in this action, a preliminary injunction is appropriate as
well. See Doc. [26].
Accordingly,
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IT IS HEREBY ORDERED that Plaintiff Converse Inc.’s unopposed Motion for
Preliminary Injunction, Doc. [30], is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to
UNSEAL any sealed documents filed in this matter. The Clerk of Court shall also detach
and file Document [6-1], and title the document Schedule A to the Complaint.
IT IS FINALLY ORDERED that:
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 be preliminarily enjoined and restrained from:
a. 	using 	the 	Converse 	Trademarks 	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 Converse product or not authorized by Converse to
be sold in connection with the Converse Trademarks;
b. 	passing off, inducing, or enabling others to sell or pass off
any product as a genuine Converse product or any other
product produced by Converse, that is not Converse’s or not
produced under the authorization, control, or supervision of
Converse 	and 	approved 	by 	Converse 	for 	sale 	under 	the
Converse Trademarks;
c. 	committing any acts calculated to cause consumers to believe
that Defendants’ Counterfeit Products are those sold under
the authorization, control, or supervision of Converse, or are
sponsored by, approved by, or otherwise 	connected with
Converse;
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d. 	further infringing the Converse Trademarks and damaging
Converse’s goodwill; and
e. 	manufacturing, 	shipping, 	delivering, 	holding 	for 	sale,
transferring 	or 	otherwise 	moving, 	storing, 	distributing,
returning, or otherwise disposing of, in any manner, products
or 	inventory 	not 	manufactured 	by 	or 	for 	Converse, 	nor
authorized by Converse to be sold or offered for sale, and
which 	bear 	any 	of 	Converse’s 	trademarks, 	including 	the
Converse 	Trademarks, 	or 	any 	reproductions, 	counterfeit
copies or colorable imitations thereof.
2. 	Upon Converse’s request, any third party with actual notice of this Order
who is providing services for any of the Defendants, or in connection with any of the
Online Marketplaces, including, without limitation, any online marketplace platforms
such as Alibaba Group Holding Ltd. (“Alibaba”), AliExpress E-Commerce One Pte. Ltd.
(“AliExpress”), Amazon.com Inc. (“Amazon”), eBay, Inc. (“eBay”), Whaleco, Inc. d/b/a
Temu (“Temu”), and ContextLogic Inc. d/b/a Wish.com (“Wish.com”), (collectively, the
“Third-Party Providers”) shall, within seven (7) calendar days after receipt of such notice,
provide to Converse expedited discovery, including copies of all documents and records
in such person’s or entity’s possession or control relating to:
a. 	the identities and locations of Defendants, their affiliates,
officers, agents, servants, employees, confederates, attorneys,
and any persons acting in concert or participation with them,
including all known contact information and all associated e-
mail addresses;
b. 	the nature of Defendants’ operations and all associated sales,
methods of payment for services and financial information,
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including, 	without 	limitation, 	identifying 	information
associated with the Online Marketplaces, and Defendants’
financial accounts, as well as providing a full accounting of
Defendants’ 	sales 	and 	listing 	history 	related 	to 	their
respective Online Marketplaces; and
c. 	any financial accounts owned or controlled by Defendants,
including 	their 	agents, 	servants, 	employees, 	confederates,
attorneys, and any persons acting in concert or participation
with them, including such accounts residing with or under the
control of any banks, savings and loan associations, payment
processors or other financial institutions, including, without
limitation, eBay, AliExpress, Alibaba, Wish.com, Walmart,
or 	other 	merchant 	account 	providers, 	payment 	providers,
third-party 	processors, 	and 	credit 	card 	associations 	(e.g.,
MasterCard and VISA).
3. 	Upon Converse’s request, those with notice of the preliminary injunction,
including the Third Pary Providers as defined in Paragraph 2, shall, within seven (7)
calendar 	days 	after 	receipt 	of 	such 	notice, 	disable 	and 	cease 	displaying 	any
advertisements used by or associated with Defendants in connection with the sale of
counterfeit and infringing goods using the Converse Trademarks.
4. 	Defendants shall be preliminarily restrained and enjoined from transferring
or disposing of any money or other of Defendants’ assets until further ordered by this
Court.
5. 	Any Third-Party Providers, including Alibaba, AliExpress, Amazon, eBay,
Temu, and Wish.com, shall, within seven (7) calendar days of receipt of this Order:
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a. 	locate all accounts and funds connected to Defendants and the
Seller Aliases and Online Marketplaces, including, but not
limited 	to, 	any 	financial 	accounts 	connected 	to 	the
information 	listed 	in 	Schedule 	A 	hereto 	and 	any 	e-mail
addresses provided for Defendants by third parties; and
b. 	restrain 	and 	enjoin 	any 	such 	accounts 	or 	funds 	from
transferring 	or 	disposing 	of 	any 	money 	or 	other 	of
Defendants’ assets until further ordered by this Court.
6. 	Converse is authorized to issue expedited written discovery, pursuant to
Federal Rules of Civil Procedure 33, 34, and 36, related to:
a. 	the identities and locations of Defendants, their affiliates,
officers, agents, servants, employees, confederates, attorneys,
and any persons acting in concert or participation with them,
including all known contact information, including any and
all associated e-mail addresses; and
b. 	the nature of Defendants’ operations and all associated sales,
methods of payment for services and financial information,
including, 	without 	limitation, 	identifying 	information
associated with the Online Marketplaces, and Defendants’
financial accounts, as well as providing a full accounting of
Defendants’ 	sales 	and 	listing 	history 	related 	to 	their
respective Online Marketplaces.
c. 	Converse is authorized to issue any such expedited discovery
requests via e-mail. Defendants shall respond to any such
discovery requests within three (3) business days of being
served via e-mail.
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7. 	The ten-thousand-dollar ($10,000) bond posted by Plaintiff, Doc. [27], shall
remain with the Court until a final disposition of this case or the Preliminary Injunction is
dissolved.
8. 	Any Defendants that are subject to this Order may appear and move to
dissolve or modify the Order as permitted by and in compliance with the Federal Rules of
Civil Procedure and the Local Rules of the Eastern District of Missouri.
Dated this 15th day of May 2026.
MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE
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