University of Georgia Athletic Association, Inc. v. Aiyun yu et al, Civil Action No. 1:22-cv-03818 (N.D. Ga., Sept. 22, 2022)
On November 4, 2022, Judge Thomas W. Thrash, Jr., granted a Preliminary Injunction as to all Defendants in a mass counterfeiting claim. The University of Georgia Athletic Association, Inc., (UGAA) sued 75 defendants in a mass trademark, counterfeiting, and false designation of origin claim.
UGAA accused the various foreign entities, associations, and individuals of routinely selling or advertising a variety of infringing goods on virtual marketplaces, including Alibaba, Amazon, eBay, and Wish. The registered marks in question include “Bulldogs,” “Dawgs,” and the University’s stylized “G.” In addition, UGAA accused the numerous Defendants of using colorable imitations of or confusingly similar marks in commerce.
The complaint relied broadly on the Lanham Act, including 15 U.S.C. §§ 1114, 1117(b), and 1125(a), and common law Unfair Competition. UGAA initially sought both preliminary and permanent injunctions, and damages, including enhanced and statutory.
The original TRO ordered the 75 Defendants to appear at a hearing to demonstrate good cause against issuing the preliminary injunction. Upon their failure to appear, the Judge granted the preliminary injunction against all defendants on the same terms as the earlier TRO. Weeks later, in light of the Defendants failure to appear, the Judge extended the earlier-issued temporary restraining order and asset freeze order, and granted a preliminary injunction and asset freeze.
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