U.S. District Judge Victor Marrero concluded that Toho is likely to prevail on its copyright and trademark infringement claims, finding that the defendants likely "knowingly, willfully, and deliberately infringed" the intellectual property by systematically selling infringing products into the United States through online marketplace accounts.
The court determined that the potential harm to Toho’s reputation and goodwill from consumer confusion over the quality of these unauthorized goods far outweighed any harm to the defendants from being prevented from profiting from their activities.
The injunction, which remains in place through the pendency of the action, enjoins the defendants from manufacturing, selling, or distributing any goods utilizing the Godzilla intellectual property or any confusingly similar marks, except for genuine products authorized by Toho.
Marrero also ordered financial institutions, including Amazon, PayPal, eBay, Payoneer, Ping Pong, and Coinbase, to locate and restrain the transfer of funds and assets associated with the defendants’ accounts within five days of service.
The court authorized expedited discovery, allowing Toho to serve interrogatories and document requests on the defendants, who must provide written responses under oath within seven days.
Service of the order was permitted via electronic mail or publication, as the defendants’ physical addresses were unknown or unverifiable despite Toho’s due diligence efforts.
The order targets 64 specific seller aliases identified in Schedule A, including accounts on Amazon, Walmart, Temu, and standalone websites such as avalahcase.com and yooyapp.online.
The $1,500 bond posted by Toho will remain with the Court until a final disposition of the case or until the order is terminated.
Any defendants subject to the order may appear and move to dissolve or modify the injunction on two days’ notice to Toho.