United States District Court 

for the 

Southern District of Florida 

ExxonMobil Corporation, Plaintiff,

v. 

The Individuals and Business 

Entities Identified on Schedule “A”, 

Defendants.

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Civil Action No. 22-22696-Civ-Scola 

Stipulated Order Granting Motion for Entry of Preliminary Injunction 

This matter is before the Court on Plaintiff ExxonMobil Corporation’s 

Motion for Entry of a Preliminary Injuction. (ECF No. 7, sealed.) The parties 

have stipulated to the entry of this order. The Court has carefully considered 

the Motion, the record, and the governing law. For the reasons stated below, 

the Court grants the motion. (ECF No. 7.) 

1. Background 

Plaintiff Exxon Mobil Corporation (“Exxon” or “Plaintiff”) moves for entry of a 

preliminary injunction against the Defendants, for alleged violations of the 

Lanham Act, 15 U.S.C. §§ 1114 and 1125(a). Plaintiff’s “MOBIL Marks” include 

the following marks: 

a. MOBIL, MOBIL 1, MOBIL 1 LUBE EXPRESS, DELVAC, and 

DELVAC 1. 

b. The MOBIL logo, presented in blue lettering for all letters except 

the “o” which is presented in red, or in which concentric circles 

form the letter O, as shown immediately below: 

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c. The Mobil Pegasus mark shown immediately below:

The Plaintiff also asserts rights in and to, and for purposes of this order

the “MOBIL Marks” include, any marks that contain the above-referenced

trademarks combined with other words or designs.

The Plaintiff initially moved for an ex parte Temporary Restraining Order,

submitting several affidavits and other supporting evidence demonstrating that

Defendants had sold counterfeit Mobil-branded products. (ECF No. 7.) The

Court granted the Plaintiff’s motion for ex parte application for entry of

temporary restraining order (“TRO”). (ECF No. 10.) Among other things, the

TRO temporarily restrained the Defendants from: (a) manufacturing, importing,

advertising, offering to sell, or selling any products bearing the Plaintiff’s

MOBIL Marks; and (b) secreting, concealing, destroying, selling off,

transferring, or otherwise disposing of any products bearing the Plaintiff’s

MOBIL Marks, any evidence relating to the manufacture, importation, sale, or

offer for sale of such products, and any assets held in any financial accounts

held by or subject to access by the Defendants.

In the TRO, the Court set a hearing on the Plaintiff’s motion for

preliminary injunction for September 6, 2022. The hearing was attended by

counsel for the Plaintiff and for all but one of the named Defendants. Counsel

expressed the Defendants’ desire to expeditiously comply with the TRO,

including providing information concerning the counterfeit products and their

financial account information, as well as freezing their assets held in a newly

identified bank account at City National Bank as security for Exxon’s damages

and for such other purposes as deemed ordered in the TRO.

Accordingly, the parties, on September 9, 2022, filed a motion to extend

the TRO by fourteen days (ECF No. 29), which the Court granted, thereby

extending the TRO until September 23, 2022. By stipulation of the parties, the

Court entered an order on September 22, 2022 extending the TRO another

week, or until September 30, 2022. (ECF No. 36.)

2. Legal Standard

The Lanham Act provides that courts may grant injunctive relief “to

prevent the violation of any right of the registrant of a mark registered in the

Patent and Trademark Office.” 15 U.S.C. § 1116(a). A party seeking to obtain a

preliminary injunction must demonstrate:

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(1) a substantial likelihood of success on the merits; 

(2) a substantial threat of irreparable injury if the injunction were 

not granted; 

(3) that the threatened injury to the plaintiff outweighs the harm an 

injunction may cause the defendant; and, 

(4) that granting the injunction would not disserve the public 

interest. 

See Suntrust Bank v. Houghton Mifflin Co., 268 F.3d 1257, 1265 (11th Cir. 

2001); see also Levi Strauss & Co. v. Sunrise Int’l. Trading Inc., 51 F.3d 982, 

985 (11th Cir. 1995) (applying the test to a preliminary injunction in a Lanham 

Act case). 

3. Analysis 

The parties have informed the Court that they have stipulated to the 

entry of a preliminary injunction. The Court agrees that a preliminary 

injunction is appropriate, because: (1) there is a substantial likelihood of 

success on the merits of Exxon’s trademark infringement claims, (2) irreparable 

injury to Exxon’s trademark may result if relief is not granted, (3) that injury 

outweighs the harm that the stipulated preliminary injunction would inflict on 

the Defendants, and (4) the stipulated preliminary injunction serves the public 

interest by preventing destruction or unlawful disposal of oils or assets, while 

allowing the Defendants to continue conducting lawful business. See Schiavo 

ex rel. Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005) (stating 

the preliminary injunction factors); (Order Granting Ex Parte Application for 

Entry of Temporary Restraining Order, ECF No. 10, sealed, at 5-7.) 

Upon review of the Plaintiff’s complaint, motion for preliminary 

injunction, and supporting evidentiary submissions, the Court hereby 

ORDERS AND ADJUDGES that the Plaintiff’s motion (ECF No. 7) is granted, 

under the terms set forth below: 

(1) Each Defendant, its officers, directors, employees, agents, 

subsidiaries, distributors, and all persons in active concert or participation 

with any Defendant are hereby preliminarily enjoined as follows: 

a. From manufacturing, importing, advertising, 

promoting, offering to sell, selling, distributing, or 

transferring any products bearing and/or using the MOBIL 

Marks, or any confusingly similar trademarks; and 

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b. From secreting, concealing, destroying, selling off, 

transferring, or otherwise disposing of: (i) any products 

bearing the MOBIL Marks, or any confusingly similar 

trademarks; (ii) any evidence relating to the manufacture, 

importation, sale, offer for sale, distribution, or transfer of 

any products bearing and/or using the MOBIL Marks, or any 

confusingly similar trademarks; or (iii) any assets or other 

financial accounts subject to this Order, including inventory 

assets, in the actual or constructive possession of, or owned, 

controlled, or held by, or subject to access by, any 

Defendant, including, but not limited to, any assets held by 

or on behalf of any Defendant.

(2) Each Defendant, its officers, directors, employees, agents, 

subsidiaries, distributors, and all persons in active concert or participation 

with any Defendant are hereby preliminarily enjoined from the use of the 

MOBIL Marks or any confusingly similar trademarks, on or in connection with 

all Internet websites owned and operated, or controlled by them, including the 

Internet websites operating under the domain names amventerprises.com and 

everlastlubricantsusa.com (the “Subject Domain Names”);

(3) Each Defendant, its officers, directors, employees, agents, 

subsidiaries, distributors, and all persons in active concert or participation 

with any Defendant are hereby preliminarily enjoined from the use of the 

MOBIL Marks, or any confusingly similar trademarks within domain name 

extensions, metatags or other markers within website source code, from use on 

any webpage (including as the title of any web page), from any advertising links 

to other websites, from search engines’ databases or cache memory, and any 

other form of use of such terms that are visible to a computer user or serves to 

direct computer searches to Internet websites registered, owned, or operated by 

any Defendant, including the Internet websites operating under the Subject 

Domain Names; 

(4) Each Defendant is hereby preliminarily enjoined from transferring 

ownership of the Internet websites operating under their Subject Domain 

Names during the pendency of this action, or until further order of the Court;

(5) Each Defendant shall preserve copies of all computer files relating 

to the use of any of the Internet websites operating under their Subject Domain 

Names and shall take all steps necessary to retrieve computer files relating to 

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the use of the Internet websites operating under their Subject Domain Names 

that may have been deleted before the entry of this Order; 

(6) Upon the Plaintiff’s request, the privacy protection service for any 

of the Subject Domain Names for which the registrant uses such privacy 

protection service to conceal the registrant’s identity and contact information is 

ordered to disclose to the Plaintiff the true identities and contact information of 

those registrants; 

(7) Pursuant to Federal Rule of Civil Procedure 65(c), the Defendants 

and City National Bank shall maintain a freeze on the Defendants’ funds in the 

amount of Three-Hundred Thousand Dollars ($300,000) held in the account 

ending in 4263, which freeze shall serve as a security bond and remain in place 

throughout and during the pendency of this action, or until further Order of 

the Court. In the Court's discretion, the bond may be subject to modification 

should an application be made in the interest of justice; and 

(8) With the exception of the City National Bank account ending in 

4263 referenced in the preceding paragraph, the Court hereby lifts the asset 

freeze on the Defendants’ bank and financial accounts, including at Bank of 

America, that was previously ordered in the TRO. 

This Order shall remain in effect during the pendency of this action, or 

until further order of this Court. 

Done and ordered at Miami, Florida, on September 28, 2022. 

 

 ____________________________ 

 Robert N. Scola, Jr. 

 United States District Judge 

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