Bravado International Group Merchandising Services, Inc. v. Does 1-100 et al
Plaintiff: Bravado International Group Merchandising Services, Inc.
Defendant: Jane Does 1-100, XYZ Company and John Does 1-100
Case Number: 2:2019cv01274
Filed: July 10, 2019
Court: US District Court for the Eastern District of California
Presiding Judge: Carolyn K Delaney
Referring Judge: Kimberly J Mueller
Nature of Suit: Trademark
Cause of Action: 15:1051
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2019 Opinion or Order Filing 22 JUDGMENT dated *8/28/19* pursuant to order signed by District Judge Kimberly J. Mueller on 8/28/19. (Becknal, R)
August 28, 2019 Opinion or Order Filing 21 ORDER signed by District Judge Kimberly J. Mueller on 8/28/2019 ORDERING, that the Cash Bond posted by Plaintiff's counsel in the amount of One Thousand Dollars ($1,000) is exonerated, along with any interest and less any fees, and shall be released to counsel for the Plaintiff as set forth below; that the Court shall send the released Cash Bond to Plaintiff's counsel in the form of a check made payable as follows: Cara R. Burns, Hicks, Mims, Kaplan & Burns, 28202 Cabot Road, Suite 300, Laguna Niguel, CA 92677; and that the US Marshals for the Northern District of California are authorized to destroy all previously seized infringing merchandise delivered to them in this matter, or, if they are unable or unwilling to do so, to deliver the merchandise to the Clerk of Court for the Eastern District of California with a copy of this order. (cc CFS, USM) CASE CLOSED(Becknal, R)
August 26, 2019 Filing 20 PROPOSED ORDER re #18 Request by Bravado International Group Merchandising Services, Inc. (Attachments: #1 Proposed Order)(Burns, Cara) Modified on 8/27/2019 (Mena-Sanchez, L).
August 26, 2019 Filing 19 DECLARATION of Cara Burns re #18 Request. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Burns, Cara) Modified on 8/27/2019 (Mena-Sanchez, L).
August 26, 2019 Filing 18 REQUEST to Exonerate Cash Bond and to Destroy Seized Merchandise by Bravado International Group Merchandising Services, Inc. (Burns, Cara) Modified on 8/27/2019 (Mena-Sanchez, L).
August 16, 2019 Filing 17 CLERK'S NOTICE: The U.S. Marshal Service for the Northern District of California has confirmed the seized goods were received by that office on Friday, August 16, 2019. (Text Only Entry) (Schultz, C)
July 30, 2019 Opinion or Order Filing 16 ORDER signed by District Judge Kimberly J. Mueller on 7/29/2019 ORDERING #9 For the reasons described in this order, the Temporary Restraining Order, Seizure Order and the Order to Show Cause Why a Preliminary Injunction and Seizure Order should not Issue, is hereby DISSOLVED, and the request for a preliminary injunction, #11 is DENIED. In compliance with 15:1116(d)(7), given that some merchandise has been seized by law enforcement officers under the court's prior order, plaintiff SHALL make arrangements for those law enforcement officers to deliver all merchandise seized by authorization of the seizure order, #9 to the court in the next 21 days. See 15:1116(d)(7) ("Any materials seized under this subsection shall be taken into the custody of the court.")(Reader, L)
July 26, 2019 Filing 15 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Following hearing and good cause appearing, the Temporary Restraining Order, Seizure Order and the Order to Show Cause Why a Preliminary Injunction and Seizure Order previously issued by the court, ECF No. #9 , is hereby DISSOLVED, and plaintiff's request for a preliminary injunction, ECF No. #11 , is DENIED. A written order of explanation will follow. SO ORDERED. (Text Only Entry) (Schultz, C)
July 25, 2019 Filing 14 MINUTES for SHOW CAUSE HEARING held before District Judge Kimberly J. Mueller on 7/25/2019. Plaintiff's Counsel, Cara Burns, present. No appearance on behalf of defendants. The court and counsel discussed plaintiff's request for a Preliminary Injunction. Matter submitted with an order to issue.Court Reporter: Kimberly Bennett. (Text Only Entry) (Schultz, C)
July 23, 2019 Filing 13 DECLARATION of Emily Holt In Support of Preliminary Injunction and Seizure Order to Issue. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Burns, Cara) Modified on 7/24/2019 (Coll, A).
July 23, 2019 Filing 12 DECLARATION of John Carruthers In Support of Preliminary Injunction and Seizure Order to Issue. (Attachments: #1 Exhibit, #2 Proof of Service)(Burns, Cara) Modified on 7/24/2019 (Coll, A).
July 23, 2019 Filing 11 MEMORANDUM by Bravado International Group Merchandising Services, Inc. in Support of Preliminary Injunction and Seizure Order to issue. (Burns, Cara) Modified on 7/24/2019 (Coll, A).
July 12, 2019 Opinion or Order Filing 10 ORDER signed by District Judge Kimberly J. Mueller on 7/12/19 ORDERING that Plaintiff shall be prepared to address in more depth the above issues, as well as all other issues raised by the request for a preliminary injunction at the hearing set for 7/25/19.(Mena-Sanchez, L)
July 11, 2019 RECEIPT number #CAE200099490 $1000.00 fbo Bravado International Group M by Class Action Research and Lit on 7/11/2019. (Zignago, K.)
July 11, 2019 Opinion or Order Filing 9 TEMPORARY RESTRAINING ORDER; SEIZURE ORDER; AND ORDER TO SHOW CAUSE why a Preliminary Injunction and Seizure Order should not issue signed by District Judge Kimberly J. Mueller on 07/11/19. Defendants, John Does 1-100, Jane Does 1-100 and XYZ Company their true identities being unknown (collectively "Defendants") shall SHOW CAUSE 7/25/2019 at 03:00 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller, why an order should not be entered granting Plaintiff a preliminary injunction to enjoin the Defendants from manufacturing, distributing, selling or holding for sale "Infringing Merchandise" and to seize the same bearing the federally registered trademarks, service marks, likenesses, logos or other indicia of the Artist known as "SHAWN MENDES" (collectively, the "Artist's Trademarks"). Pending hearing and determination of this application, or the expiration of 14 days from the date hereof, the defendants are TEMPORARILY RESTRAINED from manufacturing, distributing and selling Infringing Merchandise bearing any or all of the Artist's Trademarks. Any and all on-duty federal, state or local law enforcement officer is hereby authorized to seize and maintain in their custody and control for delivery to this court any and all Infringing Merchandise bearing any or all of the Artist's Trademarks that Defendants attempt to sell or are holding for sale from 6 hours before to 6 hours after any performance of the tour within a 10 mile vicinity of the stadiums, arenas and other venues at which the Artist shall be performing, including but not limited to on 07/11/19 at the Golden 1 Center in Sacramento, California. This order be and is conditioned upon Plaintiff's filing with the Clerk an undertaking in the form of a bond, certified check, bank check, credit card or cash in the amount of $1,000 by 07/11/19 at 4:00 p.m., to secure the payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby. Defendants' responsive papers, if any, are due 07/19/19 at 4:00 p.m. Any reply is due 07/23/19 at 4:00 p.m. Any defendant can apply to this court to modify or dissolve this Order on 2 days' notice or shorter notice as this court may allow. A separate order of explanation to follow. (cc: Financial). (Benson, A.)
July 10, 2019 Filing 8 MINUTE ORDER: The court is in receipt of plaintiff's Motion for Temporary Restraining Order, ECF No. #3 . The court will hold a telephonic hearing on the motion tomorrow morning, July 11, 2019, at 10:00 AM (Pacific Standard Time) in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller.)Following the issuance of this minute order, the courtroom deputy will contact plaintiff's counsel via email and provide instructions for connecting to the court's conference line for the hearing. It is so ORDERED. (Text Only Entry) (Souvannarath, A)
July 10, 2019 Filing 7 REPORT on the Filing of a Trademark Action by Bravado International Group Merchandising Services, Inc. (Burns, Cara) Modified on 7/10/2019 (Benson, A.).
July 10, 2019 Filing 6 CERTIFICATE of COUNSEL per FRCP Rule 65. (Attachments: #1 Exhibit A - Prior ED orders, #2 Exhibit B -Prior CA Orders, #3 Exhibit C - Prior Other Orders)(Burns, Cara) Modified on 7/10/2019 (Benson, A.).
July 10, 2019 Filing 5 DECLARATION of Emily Holt in support of #3 Motion for TRO. (Attachments: #1 Exhibit A - Concert Dates, #2 Exhibit B- Autho Merch, #3 Exhibit C- Infring Merch, #4 Exhibit D - Infrgers)(Burns, Cara) Modified on 7/10/2019 (Benson, A.).
July 10, 2019 Filing 4 MEMORANDUM by Bravado International Group Merchandising Services, Inc. in support of #3 TRO. (Burns, Cara) Modified on 7/10/2019 (Benson, A.).
July 10, 2019 Filing 3 MOTION for TEMPORARY RESTRAINING ORDER by Bravado International Group Merchandising Services, Inc. (Attachments: #1 Proposed Order, #2 Exhibit TRO Checklist)(Burns, Cara)
July 10, 2019 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/21/2019 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Coll, A)
July 10, 2019 Filing 1 COMPLAINT against All Defendants by Bravado International Group Merchandising Services, Inc. Attorney Burns, Cara Rebecca added. (Filing fee $ 400, receipt number 0972-8349388) (Attachments: #1 Civil Cover Sheet)(Burns, Cara)

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Plaintiff: Bravado International Group Merchandising Services, Inc.
Represented By: Cara Rebecca Burns
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Defendant: Jane Does 1-100
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Defendant: XYZ Company
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Defendant: John Does 1-100
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