| 2 | 2026-03-20 | ORDER: ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: The Court having considered Plaintiffs ex parte application (the "Application"), including the Declarations of Sebastian Santoro, Yingchun Hou and Christopher Tom, as well as all other papers filed in support of the Application, for the following relief: 1. a temporary restraining order against defendants (as described in Schedule A attached to the Complaint, which shall also be attached hereto, "Defendants"), enjoining Defendants from the manufacture, importation, distribution, offering for sale, and sale of counterfeit products (the "Counterfeit Products") bearing, using, or infringing upon Plaintiffs trademarks covered by U.S. Trademark Registration Nos. 7,321,184, 6,568,497, and 7,457,611 (the "HELLSTAR Trademarks"); 2. a temporary restraint of certain Defendants' assets, described below, to preserve Plaintiffs right to an equitable accounting; 3. expedited discovery allowing Plaintiff to inspect and copy Defendants' records relating to the manufacture, distribution, offering for sale, and sale of Counterfeit Products, as well as Defendants' financial accounts; 4. permission to effectuate service by electronic mail and electronic publication; and 5. an order against Defendants to show cause why a preliminary injunction should not issue on the return date of the Application. Based on the papers and other evidence submitted in support to the Application, and for good cause shown. As further set forth in this Order, Based on the foregoing findings of fact and conclusions of law, Plaintiffs Application is hereby GRANTED and it is ORDERED as follows: 1. As sufficient causes have been shown, Defendants are temporarily enjoined and restrained from engaging in any of the following conduct pending the return date of the Application as referenced below: a. Using the HELLSTAR 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 Counterfeit Products; b. Passing off, inducing, or enabling others to sell or pass off any product as a genuine HELLSTAR Product that is not, in fact, Plaintiffs HELLSTAR Product and/or not produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale under the HELLSTAR 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 Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff; d. Further infringing the HELLSTAR Trademarks and damaging Plaintiffs goodwill; e. 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 Plaintiff, nor authorized by Plaintiff to be sold or offered for sale, and which bear(s) the HELLSTAR Trademarks, any reproductions, counterfeit copies, or colorable imitations thereof; As further set forth in this Order, Plaintiff shall deposit with the Court Five Thousand Dollars ($5,000.00), either by cash, company check, cashier's check, or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Pursuant to Fed. R. Civ. P. 4(f)(3), as sufficient cause has been shown, service of this Order and the Summons and Complaint may be made on, and shall be deemed effective as to Defendants if it is completed by the following means: Delivery of: (i) PDF copies of this Order together with the Summons and Complaint; and (ii) a link to a website where each Defendant will be able to download PDF copies of this Order together with the Summons and Complaint, and all papers filed in support of Plaintiffs Application (the "Link") to Defendants' e-mail addresses as provided by the Financial Institutions; and Such alternative service, as set forth above, shall be made within five (5) days of the Financial Institutions' compliance with Paragraphs 3 through 6 of this Order. The Clerk of Court is directed to issue a single original summons in the name of "THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT" that shall apply to all Defendants. Schedule A to the Complaint, Exhibit 2 to the Declaration of Sebastian Santoro, and Exhibit 1 to the Declaration of Yingchun Hou shall be sealed and remain sealed until Defendants' Accounts and Defendants' Assets are restrained. Plaintiff shall file unsealed versions of Schedule A to the Complaint, Exhibit 2 to the Declaration of Sebatian Santoro, and Exhibit 1 to the Declaration of Yingchun Hou using the CM/ECF system prior to the expiration of this Order. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by this Court. IT IS FURTHER ORDERED that a hearing shall be held on April 2, 2026 at noon which Plaintiff may present its arguments in support of its request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiffs Application. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before April 3, 2026 at 5:00 p.m. This Temporary Restraining Order without notice is entered at 11:19am on March 20, 2026 and shall remain in effect for fourteen (14) days. (Signed by Judge Loretta A. Preska on 3/20/2026) (ar) Show Cause Hearing set for 4/2/2026 at 12:00 PM before Judge Loretta A. Preska. Transmission to Civil Case Openings Clerk for processing. Transmission to Finance Unit (Cashiers) for processing. |