Burberry Limited et al v. Various John Does et al
| Gianni Versace, S.R.L., Burberry Limited, Cartier, Michael Kors, L.L.C., River Light V, L.P., Louis Vuitton Malletier, Hermes International, Tory Burch LLC, Cartier International AG and The North Face Apparel Corp. |
| Jane Does, XYZ Companies and Various John Does |
| 1:2020cv05545 |
| November 13, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Eric R Komitee |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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| Filing 30 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Electronic entry terminating civil case) (Hong, Loan) |
| Civil Case Terminated. (Guy, Alicia) |
| Filing 29 NOTICE of Voluntary Dismissal by Burberry Limited, Cartier, Cartier International AG, Gianni Versace, S.R.L., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., River Light V, L.P., The North Face Apparel Corp., Tory Burch LLC (Wallace, Kevin) |
| Filing 28 Letter re: Status Update by Burberry Limited, Cartier, Cartier International AG, Gianni Versace, S.R.L., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., River Light V, L.P., The North Face Apparel Corp., Tory Burch LLC (Wallace, Kevin) |
| Filing 27 AFFIDAVIT of Service for Preliminary Injunction Order served on John Doe Defendant on December 23, 2020, filed by Burberry Limited, Cartier, Cartier International AG, Gianni Versace, S.R.L., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., River Light V, L.P., The North Face Apparel Corp., Tory Burch LLC. (Wallace, Kevin) |
| Filing 26 AFFIDAVIT of Service for Preliminary Injunction Order served on Extra Space Storage on December 23, 2020, filed by Burberry Limited, Cartier, Cartier International AG, Gianni Versace, S.R.L., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., River Light V, L.P., The North Face Apparel Corp., Tory Burch LLC. (Wallace, Kevin) |
Filing 25
PRELIMINARY INJUNCTION -- The Defendants and their respective principals, officers, agents, servants, employees, and attorneys, and all persons in concert and participation with them are hereby restrained and enjoined, pending termination of this action. By February 10, 2021, Plaintiffs shall file a letter with the Court advising of the status of Plaintiffs investigations into the Defendants identities and Plaintiffs plans with respect to amendment of the Complaint. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 12/10/2020. (Guy, Alicia)
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| Filing 24 Letter to Honorable Eric R. Komittee from Kevin M. Wallace dated December 10, 2020 re: Hearing on December 9, 2020 by Burberry Limited, Cartier, Cartier International AG, Gianni Versace, S.R.L., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., River Light V, L.P., The North Face Apparel Corp., Tory Burch LLC (Attachments: #1 Affidavit of Robert Dowd, #2 Proposed Preliminary Injunction Order, #3 Comparison of Proposed Preliminary Injunction Order) (Wallace, Kevin) |
| Filing 23 Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Show Cause Hearing held on 12/9/2020. Case called. No appearance on behalf of defendants. No later than December 10, 2020, Plaintiffs shall submit an affidavit from the investigator; a letter addressing the legal authority to seek expedited discovery; and a revised proposed preliminary injunction order. The Clerk of Court is directed to unseal this case.(Electronically recorded.) (Guy, Alicia) |
| Filing 22 Seizure Warrant Returned Executed. Served on 11/23/2020. (Fernandez, Erica) |
| Filing 21 FILING FEE: $ 400.00, receipt number 4653153577 (Marziliano, August) |
| Filing 20 Summons Issued as to All Defendants. (Guy, Alicia) |
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Filing 19
TEMPORARY RESTRAINING ORDER, Seizure Order, Substitute Custodian Order, Expedited Discovery Order, and Order to Show Cause -- ORDERED that Defendants show cause before this Court at a telephonic hearing (Tel. 888-808-6929; Access Code 564-7824), on the 9th day of December, 2020 at 2:15 p.m., or as soon thereafter as counsel can be heard, why a preliminary injunction, pursuant to Fed. R. Civ.P. 65, should not be issued enjoining Defendants, their agents, servants, employees, officers, and all persons in active concert and participation with them, pending the final hearing and determination of this action. Ordered by Judge Eric R. Komitee on 11/20/2020. (Guy, Alicia) (Main Document 19 replaced on 11/20/2020) (Guy, Alicia). Modified on 11/20/2020 to correct a clerical error. (Guy, Alicia).
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Filing 18
ORDER granting #2 Motion for Leave to File -- Pursuant to 15 U.S.C. 1116(d)(8), pending the hearing of Plaintiffs' motion for preliminary injunction and subject to modification by the judge to whom the case is assigned, the Clerk of this Court is to keep and maintain under seal all papers filed herein, and that public scrutiny of such papers shall not be permitted, subject to defendants' rights to access such papers upon presenting the Clerk of this Court with proper identification. Ordered by Judge Eric R. Komitee on 11/20/2020. (Guy, Alicia)
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| Filing 17 Temporary Restraining Order & Seizure BOND in the amount of $ $25,000 posted by Burberry Limited, Cartier, Cartier International AG, Gianni Versace, S.R.L., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., River Light V, L.P., The North Face Apparel Corp., Tory Burch LLC. (Guy, Alicia) |
| Filing 16 Letter by Burberry Limited, Cartier, Cartier International AG, Gianni Versace, S.R.L., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., River Light V, L.P., The North Face Apparel Corp., Tory Burch LLC. (Attachments: #1 Amended TRO/OSC) (Guy, Alicia) |
| Filing 15 Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Hearing held on 11/20/2020. Case called. Discussion held. Plaintiffs were directed to revise their application. (Electronically recorded.) (Guy, Alicia) |
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SCHEDULING ORDER: A hearing will be held on November 20, 2020, at 11:00 a.m. before the undersigned by telephone. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824 and security code 6140. Ordered by Judge Eric R. Komitee on 11/19/2020. (Guy, Alicia)
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ORDER REASSIGNING CASE. Case reassigned to Judge Eric R. Komitee for all further proceedings. Judge Rachel P. Kovner no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Roslynn R. Mauskopf on 11/19/2020. (Bowens, Priscilla)
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ORDER: Plaintiffs' have filed an #3 ex parte motion for a temporary restraining order. An ex parte teleconference on this motion will be held on November 18, 2020 at 3:00 PM. To join the teleconference, plaintiffs are instructed to call (888) 278-0296 and type in the access code 2012636. Ordered by Judge Rachel P. Kovner on November 17, 2020. (Liss, Jeremy)
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| Filing 14 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 13 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla) |
| Filing 12 Notice of Report on the filing of an action regarding a Patent or Trademark. (Bowens, Priscilla) |
| Filing 11 DISCLOSURE of Interested Parties by Tory Burch LLC. (Bowens, Priscilla) |
| Filing 10 DISCLOSURE of Interested Parties by The North Face Apparel Corp.. (Bowens, Priscilla) |
| Filing 9 DISCLOSURE of Interested Parties by Michael Kors, L.L.C.. (Bowens, Priscilla) |
| Filing 8 DISCLOSURE of Interested Parties by Louis Vuitton Malletier. (Bowens, Priscilla) |
| Filing 7 DISCLOSURE of Interested Parties by Gianni Versace, S.R.L.. (Bowens, Priscilla) |
| Filing 6 DISCLOSURE of Interested Parties by Hermes International. (Bowens, Priscilla) |
| Filing 5 DISCLOSURE of Interested Parties by Cartier. (Bowens, Priscilla) |
| Filing 4 DISCLOSURE of Interested Parties by Burberry Limited. (Bowens, Priscilla) |
| Filing 3 MOTION for Temporary Restraining Order by Burberry Limited, Cartier, Cartier International AG, Gianni Versace, S.R.L., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., River Light V, L.P., The North Face Apparel Corp., Tory Burch LLC. (Attachments: #1 Memorandum in Support) (Bowens, Priscilla) (Additional attachment(s) added on 11/13/2020: #2 Declaration Versace, #3 Declaration Tory Burch, #4 Declaration The North Face, #5 Declaration Michael Kors, #6 Declaration Louis Vuitton, #7 Declaration Hermes, #8 Declaration Cartier, #9 Declaration Burberry) (Bowens, Priscilla). (Additional attachment(s) added on 11/19/2020: #10 DECLARATION OF KEVIN M. WALLACE) (Marziliano, August). |
| Filing 2 MOTION for Leave to File Document Under Seal by Burberry Limited, Cartier, Cartier International AG, Gianni Versace, S.R.L., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., River Light V, L.P., The North Face Apparel Corp., Tory Burch LLC. (Attachments: #1 Sealing Proposed Order) (Bowens, Priscilla) (Additional attachment(s) added on 11/13/2020: #2 Declaration Wallace) (Bowens, Priscilla). |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Cartier, The North Face Apparel Corp., Gianni Versace, S.R.L., Louis Vuitton Malletier, River Light V, L.P., Hermes International, Burberry Limited, Tory Burch LLC, Michael Kors, L.L.C., Cartier International AG. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet (Dummy Signed), #3 Proposed Summons, #4 Sealing Cover Sheet, #5 Affidavit) (Bowens, Priscilla) (Attachment 2 replaced on 3/24/2021) (Lee, Tiffeny). |
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