Summary
The United States District Court for the Southern District of Florida grants Bridlington Bud Ltd.'s request for a preliminary injunction against unidentified partnerships and unincorporated associations alleged to have infringed the plaintiff's AUQ trademark through online marketplace stores. The order prohibits trademark infringement and related unfair competition, restrains defendants from transferring assets, and directs specified third-party providers to restrain connected accounts and funds. The order was entered on May 11, 2026, with a $5,000 bond and remains effective during the action or until further order.
Holdings
- Plaintiff established the requirements for preliminary injunctive relief because it showed a strong probability of success on its trademark-infringement claims, likely immediate and irreparable injury, a balance of harms favoring Plaintiff, and that an injunction would serve the public interest.
- Defendants and persons acting in concert with them were preliminarily enjoined from using the AUQ mark or counterfeit or colorable imitations, selling or promoting unauthorized products, passing off goods as genuine AUQ products, confusing consumers, unfairly competing with Plaintiff, or moving or disposing of the accused inventory.
- The Court had authority to preliminarily restrain defendants from transferring or disposing of assets and to require third-party providers to locate and restrain accounts and funds connected to defendants.
Questions Presented
- Whether Plaintiff demonstrated the prerequisites for issuance of a preliminary injunction against alleged online sellers of counterfeit goods bearing Plaintiff's AUQ trademark.
- Whether the Court could preliminarily enjoin defendants from infringing the AUQ mark and impose an asset restraint.
- Whether third-party payment processors and marketplace providers could be ordered to locate and restrain accounts and funds connected to defendants.
Disposition
other
Cases Cited (4)
- Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005)(followed)
- Reebok Int'l, Ltd. v. Marnatech Enters., Inc., 970 F.2d 552, 559 (9th Cir. 1992)(followed)
- Fuller Brush Prods. Co. v. Fuller Brush Co., 299 F.2d 772, 777 (7th Cir. 1962)(followed)
- Levi Strauss & Co. v. Sunrise Int'l Trading Inc., 51 F.3d 982, 987 (11th Cir. 1995)(followed)
Cited In (0)
No citing cases on record yet.