Dcstar, Inc. v. The Partnerships Identified On Schedule A

SEALED Temporary Restraining Order Signed by the Honorable Georgia N Alexakis on 5/12/25.

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's ex parte motion for entry of a temporary restraining order, a temporary asset restraint, and expedited discovery 18 is granted. Plaintiff's ex parte motion for electronic service of process 22 is also granted. No appearance is required on 5/13/25. Based on plaintiff's written submissions, the Court finds that plaintiff has established (1) a likelihood of success on the merits; (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendants from an order directing them to stop infringement. Plaintiff's written submissions also establish that if defendants were informed of this proceeding before a TRO could issue, assets associated with the sale of the infringing products would likely be redirected, defeating plaintiff's interests in stopping the infringement and obtaining an accounting. According to publicly available information presented by plaintiff in a sworn affidavit 21, it is proper for this Court to permit asset restraints to be implemented in the specific amounts and as to the specific defendants identified in the accompanying order. Expedited discovery is warranted to identify defendants and implement the asset freeze. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with these online marketplace defendants. The Court decides these motions, though, without the benefit of adversarial presentation. If any defendant were to appear and object, the Court is willing to revisit issues related to, among other topics, the asset restraint, joinder, personal jurisdiction, and electronic service of process. A $7,000 bond is sufficient to secure the injunctive relief. Enter order, as modified by the Court.