Burberry Limited et al v. Various John Does et al
| Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vuitton Malletier, Moncler, S.P.A., PRL USA Holdings, Inc., The North Face Apparel Corp., Timberland and TBL Licensing LLC |
| Various John Does, Jane Does and XYZ Companies |
| 1:2022cv06490 |
| October 26, 2022 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Nina R Morrison |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on March 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Electronic entry terminating civil case) (LH) |
| Civil Case Terminated. See #34 Notice of Voluntary Dismissal. (LK) |
| Filing 34 NOTICE of Voluntary Dismissal by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vuitton Malletier, Moncler, S.P.A., PRL USA Holdings, Inc., TBL Licensing LLC, The North Face Apparel Corp., Timberland (Wallace, Kevin) |
ORDER: In light of the #34 Notice of Voluntary Dismissal, the initial conference by telephone scheduled for March 3, 2023 is canceled. Ordered by Magistrate Judge Peggy Kuo on 2/17/2023. (RO)
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ORDER: The Court sua sponte extends Plaintiffs' deadline to file a letter advising of the status of their investigation into Defendants' identities and their plans with respect to amendment of the complaint. Plaintiffs are requested to file this letter by February 16, 2023.Ordered by Judge Nina R. Morrison on 2/9/2023. (LK)
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| Filing 33 CERTIFICATE OF SERVICE by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vuitton Malletier, Moncler, S.P.A., PRL USA Holdings, Inc., TBL Licensing LLC, The North Face Apparel Corp., Timberland (SUMMONS IN A CIVIL ACTION, COMPLAINT, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION, DECLARATION OF KEVIN M. WALLACE) upon 700 FOUNTAIN AVENUE (AQUA DUCK FLEA MARKET) TENT VENDOR OFF OF WORTMAN STREET (Wallace, Kevin) |
| Filing 32 CERTIFICATE OF SERVICE by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vuitton Malletier, Moncler, S.P.A., PRL USA Holdings, Inc., TBL Licensing LLC, The North Face Apparel Corp., Timberland (SUMMONS IN A CIVIL ACTION, COMPLAINT, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION, DECLARATION OF KEVIN M. WALLACE) upon 700 FOUNTAIN AVENUE (AQUA DUCK FLEA MARKET) TENT VENDOR (Wallace, Kevin) |
| Filing 31 CERTIFICATE OF SERVICE by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vuitton Malletier, Moncler, S.P.A., PRL USA Holdings, Inc., TBL Licensing LLC, The North Face Apparel Corp., Timberland (SUMMONS IN A CIVIL ACTION, COMPLAINT, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION, DECLARATION OF KEVIN M. WALLACE) upon 700 FOUNTAIN AVENUE (AQUA DUCK FLEA MARKET) TENT VENDOR OFF OF COZINE STREET (Wallace, Kevin) |
| Filing 30 CERTIFICATE OF SERVICE by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vuitton Malletier, Moncler, S.P.A., PRL USA Holdings, Inc., TBL Licensing LLC, The North Face Apparel Corp., Timberland (SUMMONS IN A CIVIL ACTION, COMPLAINT, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION, DECLARATION OF KEVIN M. WALLACE) 1700 SHORE PARKWAY - STORAGE UNIT 117upon (Wallace, Kevin) |
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Filing 29
ORDER GRANTING PRELIMINARY INJUNCTION: It is hereby Ordered that 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 from infringing upon Plaintiffs' trademarks or taking any other actions listed in the attached Order, pending termination of this case.Ordered by Judge Nina R. Morrison on 12/8/2022. (LK)
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MINUTE ENTRY AND ORDER: Status conference and hearing on Plaintiffs' motion for preliminary injunction held on December 8, 2022. Kevin Wallace appeared in person for Plaintiffs, no appearance on behalf of Defendants. The Court granted plaintiffs' motion for a preliminary injunction, the order for which is to be docketed separately. Plaintiffs' counsel is requested to provide a status report by February 6, 2023, advising the Court on the status of their investigation into Defendants' identities and alert the Court by letter if they learn the identities of Defendants in the interim. The Court denied Defendants' application for an order providing for expedited discovery, without prejudice to renew that application after one or more Defendants are identified. The Clerk of Court is respectfully directed to unseal this case. Ordered by Judge Nina R. Morrison on 12/8/2022. (LK)
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| Filing 28 MOTION for Preliminary Injunction by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vuitton Malletier, Moncler, S.P.A., PRL USA Holdings, Inc., TBL Licensing LLC, The North Face Apparel Corp., Timberland. (Attachments: #1 Letter, #2 Sealing Cover Sheet) (EF) |
| Filing 27 Clerk's Office checked and the bonding company is authorized to write bonds in the dollar amount specified. (Attachments: #1 Letter, #2 Sealing Cover Sheet) (EF) |
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Filing 26
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 hearing in Courtroom N6E on the 8th day of December, 2022 at 2:00 PM, 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 Nina Morrison on 11/14/2022. (FV) Year Modified to 2022 on 11/28/2022 (FV).
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Filing 25
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on March 3, 2023 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Counsel are directed to the annexed Initial Conference Order for instructions. By February 24, 2023, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiffs' counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 11/9/2022. (RO)
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| Minute Entry:Telephone Conference held on 11/1/2022 before Judge Nina R. Morrison. Ex parte hearing held, terms of the proposed order and potential modification of those terms discussed with Plaintiffs' counsel. Plaintiffs' counsel will confer with Plaintiffs about proposed revised order and proposed date of entry and will file a letter advising this Court of their position. (Court Reporter Charleane Heading.) (LK) |
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ORDER: Plaintiffs have filed an #3 ex parte motion for a temporary restraining order. An ex parte telephone conference on this motion will be held on November 1, 2022 at 10:30 AM. The parties will be provided with a telephone conference access link by email. Ordered by Judge Nina Morrison on 10/27/2022. (LK)
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Filing 24
ORDER granting #2 Motion for Leave to File; ORDER re #2 Notice of MOTION for Leave to File Document Under Seal filed by Hermes International, Moncler, S.P.A., PRL USA Holdings, Inc., TBL Licensing LLC, Burberry Limited, The North Face Apparel Corp., Gianni Versace S.R.L., Louis Vuitton Malletier, Timberland. Ordered by Judge Nina Morrison on 10/26/2022. (FV)
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| Filing 23 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. (PB) |
| Filing 22 Summons Issued as to All Defendants. (PB) |
| Filing 21 Notice of Report on the filing of an action regarding a Patent or Trademark. (PB) |
| Filing 20 DISCLOSURE of Interested Parties by Gianni Versace S.R.L.. (PB) |
| Filing 19 DISCLOSURE of Interested Parties by The North Face Apparel Corp.. (PB) |
| Filing 18 DISCLOSURE of Interested Parties by Timberland. (PB) |
| Filing 17 DISCLOSURE of Interested Parties by PRL USA Holdings, Inc.. (PB) |
| Filing 16 DISCLOSURE of Interested Parties by Moncler, S.P.A.. (PB) |
| Filing 15 DISCLOSURE of Interested Parties by Louis Vuitton Malletier. (PB) |
| Filing 14 DISCLOSURE of Interested Parties by Hermes International. (PB) |
| Filing 13 DISCLOSURE of Interested Parties by Burberry Limited. (PB) |
| Filing 12 DECLARATION of Laura Felstead by Gianni Versace S.R.L. (PB) |
| Filing 11 DECLARATION of Kristine Scholtz by Timberland (PB) |
| Filing 10 DECLARATION of Lisa O'Hal by The North Face Apparel Corp. (PB) |
| Filing 9 DECLARATION of Ellen Brooks by PRL USA Holdings, Inc. (PB) |
| Filing 8 DECLARATION of Stella Padovani by Moncler, S.P.A. (PB) |
| Filing 7 DECLARATION of John Maltbie by Louis Vuitton Malletier (PB) |
| Filing 6 DECLARATION of Jean-Claude Masson by Hermes International (PB) |
| Filing 5 DECLARATION of Jennifer Halter by Burberry Limited (PB) |
| Filing 4 DECLARATION of Kevin M. Wallace by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vuitton Malletier, Moncler, S.P.A., PRL USA Holdings, Inc., TBL Licensing LLC, The North Face Apparel Corp., Timberland (PB) |
| Filing 3 MOTION for Temporary Restraining Order Seizure Order, Substitute Custodian Order, Expedited Discovery Order and Order to Show Cause bringing on Motion for Preliminary Injunction by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vuitton Malletier, Moncler, S.P.A., PRL USA Holdings, Inc., TBL Licensing LLC, The North Face Apparel Corp., Timberland. (Attachments: #1 Memorandum of Law in Support of TRO) (PB) |
| Filing 2 Notice of MOTION for Leave to File Document Under Seal by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vuitton Malletier, Moncler, S.P.A., PRL USA Holdings, Inc., TBL Licensing LLC, The North Face Apparel Corp., Timberland. (Attachments: #1 Wallace Declaration in Support of Motion to Seal, #2 Proposed Order Sealing) (PB) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Hermes International, Timberland, Louis Vuitton Malletier, PRL USA Holdings, Inc., TBL Licensing LLC, Moncler, S.P.A., Burberry Limited, The North Face Apparel Corp., Gianni Versace S.R.L.. (Attachments: #1 Civil Cover Sheet, #2 Dummy Civil Cover Sheet) (PB) (Additional attachment(s) added on 10/26/2022: #3 Sealing Cover Sheet) (PB). (Additional attachment(s) added on 10/26/2022: #4 Affidavit) (PB). |
| FILING FEE: $ 402.00, receipt number 100002447 (PB) |
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