TRO Case
Ubisoft Entertainment et al v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A
商标侵权
案件编号
1:2026-cv-04494
立案日期
5/28/2026
原告
Ubisoft Entertainment et al
法院
New York Southern District Court
6/4/2026
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: The Court has considered Plaintiffs' ex parte application (the "Application"), including the Ex Parte Motion for a Temporary Restraining Order, ECF No. 11; the Declaration of Christele Jalady ("Jalady Decl."), ECF No. 12; the Declaration of Shengmao Mu ("Mu Decl."), ECF No. 13; 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 ("Defendants"), which shall also be attached hereto), enjoining Defendants from the manufacture, importation, distribution, offering for sale, and sale of infringing products (the "Infringing Product") infringing upon Copyright Registration Nos. PA 1-595-842, PA 1-952-351, PA 1-843-135, PA 1-726-395, PA 1-981-987, PA 1-812-598, PA 1-886-998, PA 2-169-839, PA 2-097-643 (collectively the "ASSASSIN'S CREED Works") and U.S. Trademark Registration Nos. 5,300,715 and 4,704,227 (the "ASSASSIN'S CREED Marks"). ("ASSASSIN'S CREED Works" and "ASSASSIN'S CREED Marks" are collectively referred to as "ASSASSIN'S CREED IP"); (2) a temporary restraint of certain of Defendants' assets, described below, to preservePlaintiffs' right to an equitable accounting;(3) expedited discovery allowing Plaintiffs to inspect and copy Defendants' records relating to the manufacture, distribution, offering for sale, and sale of Infringing Products, as well as of Defendants' financial accounts; and (4) ordering Defendants to show cause why a preliminary injunction should not issue on the return date of the Application. Based on the papers and the evidence submitted in support of the Application, and for good cause shown, the Court makes the following findings of fact, based on the proffered evidence, and the following conclusions of law: FACTUAL FINDINGS & CONCLUSIONS OF LAW 1. Plaintiff Ubisoft Entertainment is a French video game developer and the parent company of Plaintiff Ubisoft Inc., a California corporation. Compl. P 7. Plaintiffs (collectively "Ubisoft") develop, market, promote, sell, and distribute products under the ASSASSIN'S CREED brand, including motion pictures, novels, comic books, toys, apparel, and other merchandise "ASSASSIN'S CREED Products"). Id. P 8. 2. Plaintiff Ubisoft Entertainment is the owner of all rights in and to U.S. Trademark Registration Nos. 5,300,715, 5,551,163, 4,682,475, 4,597,881, 4,704,227, 4,178,998, 3,438,084, 3,438,083, 4,006,694, 4,006,661, 4,516,085, 7,782,248 ("ASSASSIN'S CREED Marks") under International Class 25 as shown in the table below. Compl. P 10; Exhibit 1; Jalady Decl. P 5. The ASSASSIN'S CREED Marks are "are valid, subsisting, unrevoked, uncancelled, and incontestable pursuant to 15 U.S.C. § 1065." Compl. P 11; see also Jalady Decl. PP 7-9. 3. Plaintiff Ubisoft Entertainment is also the current owner of U.S. Copyright Registration Nos. PA 1-595-842, PA 1-952-351, PA 1-843-135, PA 1-726-395, PA 1-981-987, PA 1-812-598, PA 1-886-998, PA 2-169-839, PA 2-097-643 ("ASSASSIN'S CREED Works"). Compl. P 13; Exhibit 1; Jalady Decl. P 6. The registrations for the ASSASSIN'S CREED Works are "valid, subsisting, and in full force and effect." Jalady Decl. P 7. 4. Based on the evidence in the record, Plaintiffs are likely to prevail on their copyright and trademark infringement claims at trial. Without any authorization or license from Plaintiffs, Defendants have "knowingly, willfully, and deliberately counterfeited Plaintiffs' ASSASSIN'S CREED Marks and infringed Plaintiffs' ASSASSIN'S CREED Works in connection with the systematic advertisement, distribution, offering for sale, and sale" of imitations of the ASSASSIN'S CREED Products ("Infringing Products") over the Internet through accounts with online marketplace platforms, including PayPal, Shop Pay, Amazon, Walmart, and Temu, held by Defendants (the "User Accounts"). Compl. PP 6, 22, 38; Exhibit 3; Jalady Decl. PP 13-14. Specifically, Plaintiffs proffer evidence that Defendants have sought to "illegally profit from the mass popularity of Plaintiffs' ASSASSIN'S CREED brand," Compl. P 22, by using "fake e-commerce storefronts designed to appear to be selling authorized ASSASSIN'S CREED Products," id. P 21, which target consumers searching for genuine ASSASSIN'S CREED Products, Jalady Decl. PP 13-14, and enable Defendants "to offer the Infringing Products at a price substantially below the cost of authentic originals, while still being able to turn a profit," Compl. P 25. 5. As a result of Defendants' misconduct, Plaintiffs are likely to suffer immediate and irreparable losses, damages, and injuries before Defendants can be heard in opposition, unless Plaintiffs' Application for ex parte relief is granted. For example: a. Plaintiffs have well-founded fears that more Infringing Products will appear in the marketplace using the same User Accounts or new and different User Accounts; that consumers may be misled, confused and disappointed by the quality of these Infringing Products, resulting in injury to Plaintiffs' reputation and goodwill and, in particular, the reputation and goodwill related to ASSASSIN'S CREED IP. Plaintiffs have proffered evidence that Defendants' conduct has damaged Plaintiffs' "consumer brand confidence," "goodwill[,] and reputation" by "tak[ing] away [Plaintiffs'] ability to control the nature and quality of products used with the ASSASSIN'S CREED Marks and Works" and "caus[ing] consumer confusion, which weakens the ASSASSIN'S CREED brand recognition and reputation." Jalady Decl. PP 20-22. Plaintiffs have also proffered evidence that Defendants' conduct has caused a loss in exclusivity and future sales. Jalady Decl. P 23. b. Plaintiffs have well-founded fears that if they proceed on notice to Defendants on this Application, Defendants will: (i) transfer, conceal, dispose of, or otherwise destroy the Infringing Products and information concerning the Infringing Products; (ii) transfer, conceal, dispose of, or otherwise hide the illgotten proceeds from the improper sale of the Infringing Products; and/or (iii) close down existing User Accounts, transfer User Account information, and/or open a new User Account through which Defendants can improperly advertise, market, promote, distribute, offer for sale and/or sell the Infringing Products under a new or different alias, allowing Defendants' misconduct to continue with little or no consequence. See Mu Decl. P 5-8. 6. On balance, the potential harm to Defendants of being prevented from continuing to profit from their illegal and infringing activities if a temporary restraining order is issued is far outweighed by the potential harm to Plaintiffs, their business, and the goodwill and reputation built up in and associated with ASSASSIN'S CREED IP if a temporary restraining order is not issued. "The balance of hardships. clearly tips in Plaintiff's favor" because "it is axiomatic that an infringer. cannot complain about the loss of ability to offer its infringing products."WPIX, Inc. v. ivi, Inc., 691 F.3d 275, 287 (2d Cir. 2012) (citation omitted); 3M Co. v. Performance Supply, LLC, 458 F. Supp. 3d 181, 197 (S.D.N.Y. 2020) ("It would not be a 'hardship' for Defendant to refrain from engaging in unlawful activities," including "trademark infringement," "related to 3M's brand"). The public interest favors issuance of the temporary restraining order to protect Plaintiffs' legitimate intellectual property interests and to protect the public from being defrauded by the palming off of infringing goods as Plaintiffs' genuine goods. See WPIX, 691 F.3d at 287; Laboratorios Rivas, SRL v. Ugly & Beauty, Inc., No. 11 Civ. 5980 (RA) (JLC), 2013 WL 5977440, at *12 (S.D.N.Y. Nov. 12, 2013), report and recommendation adopted, No. 11 Civ. 5980 (RA) (JLC), 2014 WL 112397 (S.D.N.Y. Jan. 8, 2014). 7. Plaintiffs may be entitled to recover, as an equitable remedy, the illegal profits gained through Defendants' importation, distribution, promotion, offering for sale, and/or sale of the Infringing Products. Gucci Am., Inc. v. Bank of China, 768 F.3d 122, 132 (2d Cir. 2014). 8. Requesting equitable relief invokes the district court's inherent equitable powers to order preliminary relief, in order to assure the availability of permanent relief. Id. Plaintiffs have further demonstrated that, if Defendants are given notice of the Application, they are likely to conceal, transfer, or otherwise dispose of their ill-gotten proceeds from their sales of Infringing Products. Therefore, good cause exists for granting Plaintiffs' request to proceed ex parte and for an asset restraining order. It typically takes banks and other financial institutions (including those defined below as the "Financial Institutions"), as well as online marketplace accounts, approximately five (5) days after service of an Order like this one to locate, attach, and freeze Defendants' Assets (defined below), Defendants' Accounts (defined below), and/or the User Accounts, and service on Defendants should not take place until such actions are completed. 11. Similarly, if Defendants are given notice of the Application, they are likely to destroy, move, hide or otherwise make inaccessible the records and documents relating to Defendants' manufacture, importing, advertising, marketing, distributing, offering for sale and/or sale of the Infringing Products. Thus, Plaintiff has established good cause for expedited discovery to be ordered. Based on the foregoing findings of fact and conclusions of law, Plaintiffs' Application is hereby GRANTED and it is ORDERED as follows: Temporary Restraints 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. Cease and refrain from manufacturing, advertising, offering for sale, selling, distributing, destroying, selling off, transferring, or otherwise disposing of any Infringing Products; As further set forth in this Order, Temporary Asset Restraint 2. Pursuant to Federal Rules of Civil Procedure 64 and 65, as well as C.P.L.R. 6201, and this Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, as sufficient cause has been shown, within five (5) days of receipt of service of this Order, any Financial Institutions such as (i) PayPal, Inc. ("PayPal"), (ii) Payoneer, Inc ("Payoneer"), (iii) Ping Pong Global Solutions Inc ("Ping Pong"), (iv) Coinbase Global, Inc("Coinbase"), and (v) Whaleco Inc. ("Temu") (collectively referred to as the "Financial Institutions") and domain registrars shall locate all accounts associated with Defendants (the "Defendants' Accounts") and other assets belonging to Defendants, including any cryptocurrency (the "Defendants' Assets") and shall locate, attach, and restrain the transfer or disposing of monies or funds from Defendants' Accounts, as well as the transfer or disposing of Defendants' Assets, until further ordered by this Court. The Financial Institutions and domain registrars shall provide written confirmation of their compliance with the foregoing to Plaintiffs. As further set forth in 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 UnincorporatedAssociations Identified On Schedule A To The Complaint" that shall apply to all Defendants. 8. For the avoidance of doubt, the aforementioned forms of service do not constitute proper service of the summons and Complaint. See Fed. R. Civ. P. 4. 9. Rule 4(f) provides that a party based in a foreign country may be served by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention." If the Convention controls, a party may follow the usual Convention procedures described above to effect service under Rule 4(f)(1)." Smart Study Co., Ltd v. Shenzhenshixindajixieyouxiangongsi, 164 F.4th 164, 168 (2d Cir. 2025). "The [] Convention does not apply, however, 'where the address of the person to be served with the document is not known.'" ABC v. DEF, No. 24 Civ. 8341 (DLC), 2024 WL 5168624, at *1 (S.D.N.Y. Dec. 13, 2024) (quoting Hague Convention, Art. 1). 10. By June 15, 2026, and after Plaintiffs have obtained discovery from the Financial Institutions, Plaintiff shall file a letter updating the Court on the status of service. The submission shall include, at a minimum, supplemental information regarding: the steps used by Plaintiff to identify the addresses of the Defendants, includingany efforts beyond the Google Maps and Baidu Maps searches referenced in the Mu Declaration, see ECF No. 13 at P 12; how Plaintiff prepared Exhibit 1 to the Mu Declaration, ECF No. 17; whether Plaintiff has received contact information from the Financial Institutions for each of the Defendants; whether the Financial Institutions have provided a physical address for each Defendant, and if not, whether Plaintiff intends to conduct discovery to obtain physical addresses for each Defendant; the steps Plaintiff has taken, or plans to take, to authenticate the physical addresses; and, to the extent that any physical addresses can be authenticated, to serve those Defendants in accordance with the Hague Convention. Security Bond 11. Pursuant to 17 U.S.C § 503 (a)(3) and Rule 65(c), Plaintiffs shall deposit with the Court Five Thousand Dollars ($5,000.00), either cash, 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. Sealing Order 12. Plaintiffs' Schedule A attached to the Complaint, Plaintiffs' unredacted version of the Complaint, Exhibit 3 showing the Defendant Internet Stores' infringement, and Exhibit 1 to the Mu Declaration showing Plaintiffs' efforts to verify Defendants' addresses, shall be sealed and remain sealed until Defendants' Accounts and Defendants' Assets are restrained. 10. Plaintiffs shall file unsealed versions of Plaintiffs' Schedule A attached to the Complaint, Plaintiffs' unredacted version of the Complaint, Exhibit 3 showing the Defendant Internet Stores' infringement, and Exhibit 1 to the Mu Declaration showing Plaintiffs' efforts to verify Defendants' addresses using the CM/ECF system prior to the expiration of this Order when Financial Institutions and domain registrars have confirmed that Defendants' funds are frozen and that Plaintiffs properly serves Defendants with the Summons and the Complaint, whichever comes later. Application to Vacate or Dissolve 11. Any Defendants 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 June 17, 2026 at 12:00 p.m. in which Plaintiffs may present their arguments in support of their request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiffs' Application. The hearing will be conducted by telephone. Counsel should join the conference by dialing 646-453-4442 and entering Conference ID: 818 456 545#. Members of the public may call the same number but are to keep their phones muted during the proceeding. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on June 15, 2026, and Plaintiffs' reply papers, if any, shall be filed and served on or before June 16, 2026. The Clerk of Court is directed to terminate ECF Nos. 10 and 11. This Temporary Restraining Order without notice is entered at 6:55 p.m. on June 4, 2026, and shall remain in effect for fourteen(14) days. (Signed by Judge Jennifer H. Rearden on 6/4/2026) Show Cause Hearing set for 6/17/2026 at 12:00 PM before Judge Jennifer H. Rearden. (ar) Transmission to Civil Case Openings Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
6/1/2026
MOTION to Seal certain documents. Document filed by Ubisoft Entertainment, Ubisoft, Inc.
6/1/2026
DECLARATION of Christele Jalady in Support re: [11] MOTION for Temporary Restraining Order. Document filed by Ubisoft Entertainment, Ubisoft, Inc.
6/1/2026
MEMORANDUM OF LAW in Support re: [11] MOTION for Temporary Restraining Order. Document filed by Ubisoft Entertainment, Ubisoft, Inc.
6/1/2026
MOTION for Temporary Restraining Order. Document filed by Ubisoft Entertainment, Ubisoft, Inc. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
6/1/2026
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. [18] Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form.
6/1/2026
***SEALED***REDACTION to [1] Complaint, Complaint containing Defendant information and Schedule A by Ubisoft Entertainment, Ubisoft, Inc. Motion or Order to File Under Seal: [10].
6/1/2026
***SEALED***REDACTION to [15] Redacted Document Exhibit 3 - Infringing Evidence by Ubisoft Entertainment, Ubisoft, Inc. Motion or Order to File Under Seal: [10].
6/1/2026
DECLARATION of Shengmao Mu in Support re: [11] MOTION for Temporary Restraining Order. Document filed by Ubisoft Entertainment, Ubisoft, Inc.
6/1/2026
***SEALED***REDACTION to [13] Declaration in Support of Motion Exhibit 1 - Address lookup by Ubisoft Entertainment, Ubisoft, Inc. Motion or Order to File Under Seal: [10].
6/1/2026
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Ubisoft Entertainment, Ubisoft, Inc. Related Document Number: [11]. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
5/29/2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions.
5/29/2026
Case Designated ECF.
5/29/2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions.
5/29/2026
Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.
5/29/2026
AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF).
5/29/2026
AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights.
5/29/2026
NOTICE OF APPEARANCE by Keaton David Smith on behalf of Ubisoft Entertainment, Ubisoft, Inc.
5/28/2026
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.
5/28/2026
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Guillemot Brothers Ltd., Other Affiliate Tencent Mobility Limited, Other Affiliate Baillie Gifford & Co. for Ubisoft Entertainment ; Corporate Parent Ubisoft Entertainment for Ubisoft, Inc. Document filed by Ubisoft Entertainment, Ubisoft, Inc.
5/28/2026
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.
5/28/2026
COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. (Filing Fee $ 405.00, Receipt Number ANYSDC-32913840)Document filed by Ubisoft Entertainment, Ubisoft, Inc.
5/28/2026
NOTICE OF APPEARANCE by Shengmao Mu on behalf of Ubisoft Entertainment, Ubisoft, Inc.
5/28/2026