Live Nation Merchandise, Inc. v. John Does 1-100 et al
| Live Nation Merchandise, Inc. |
| Jane Does 1-100, XYZ Company and John Does 1-100 |
| 2:2018cv03468 |
| June 14, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J Feuerstein |
| Steven I Locke |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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| NOTICE of Hearing: Status Conference set for 10/11/2018 at 11:15 AM in Courtroom 1010 of the Central Islip Federal Courthouse, located at 100 Federal Plaza in Central Islip, New York 11722, before Judge Sandra J. Feuerstein. Plaintiff(s) shall serve a copy of this Notice of Hearing upon Defendant(s) and file proof of such service with the Court. c/ECF (Killigrew, Patricia) |
Filing 16
PRELIMINARY INJUNCTION AND SEIZURE ORDER granting #14 Motion for Order to Show Cause; granting #14 Motion for Preliminary Injunction - NOW, THEREFORE, IT IS HEREBY ORDERED, that the defendants, their agents, servants, employees, attorneys, successors, and assigns, and all persons, firms, and corporations acting in active concert or participation with said defendants, are enjoined and restrained from: (A) Using any or all of the Group's Trademarks, in connection with the sale, offering for sale, distribution, and/or advertising of any clothing or other merchandise; (B) Manufacturing, distributing, selling, and/or holding for sale any clothing or other merchandise which carries or otherwise uses and or all of the Group's Trademarks; or (C) Aiding, abetting, inducing, or encouraging another to perform any of the acts enjoined herein. IT IS FURTHER ORDERED, that the U.S. Marshal for this district or for any district in which Plaintiff seeks to enforce this Order in the United States, the state police, local police, local deputy sheriffs or off-duty officers of the same, and any person acting under their supervision (collectively "Process Servers") are hereby similarly authorized to seize and impound any and all unauthorized merchandise bearing any or all of the Group's Trademarks, namely, the federally registered trademarks, service marks, likenesses, logos, or other indicia of the Group (namely of LYNYRD SKYNYRD), or any colorable imitations or variations thereof, or associated marks which defendants or their agents, employees or representatives attempt to sell or are holding for sale in the vicinity of any of the Group's concerts from 4 hours before to 4 hours after any performance of the Group within a 4 mile vicinity of the stadiums, arenas, or other venues at which the Group shall be performing or elsewhere where such merchandise is being sold, held for sale or is otherwise found, including in any carton, bag, vehicle, or container in which the merchandise is transported or stored, All clothing, jewelry, photographs, posters and other merchandise bearing any or all of the GRoup's Trademarks, or any colorable imitations or variations thereof, sold and held for sale in the vicinity of the stadiums, arenas or other venues at which the Group shall be performing, or elsewhere such merchandise is being sold, held for sale, or otherwise found, shall be deemed to be merchandise subject to the seizure provisions of this Order. IT IS FURTHER ORDERED, that service of a copy of this Order together with the Complaint be made upon defendants by the Process Servers at the time of the seizure provided for herein is effected and that such service shall be deemed good and sufficient. IT IS FURTHER ORDERED, that each and every defendant served with a copy of this order promptly, courteously and peaceably identify himself or herself to the aforementioned Process Server and that the Process Server or agents for Plaintiff be allowed to photograph, videotape or otherwise identify the defendant. IT IS FURTHER ORDERED, that the Process Server shall offer a receipt to each person from whom goods are seized. IT IS FURTHER ORDERED, that any Defendant who is hereafter served with a copy of this Order who objects to the provisions herein may submit his or her objections to this Court or otherwise move for relief from this Court within 10 days of the date of seizure according to the Federal Rules of Civil Procedure, but no such objection shall serve to suspend this Order or stay the terms hereof unless otherwise ordered by this Court. IT IS FURTHERED ORDERED, that all unauthorized items heretofore or hereafter seized in this action be delivered up to the Plaintiff or the persons designated above, pending final disposition of this matter. IT IS FURTHER ORDERED, that the bond of $500 previously deposited with the Clerk of this Court to secure payment of costs incurred in enforcing the provisions of the temporary restraining order and any damages sustained by any party who is found to have been wrongfully enjoined thereby is continued until final disposition of this matter. IT IS SO Ordered by Judge Sandra J. Feuerstein on 6/28/2018. (Tirado, Chelsea)
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| Filing 15 Minute Entry for proceedings held on 6/28/2018 before Judge Sandra J. Feuerstein: Civil Cause for Initial Show Cause Conference. Counsel for Plaintiff: Frank Sardone. Counsel for Defendant: Not Present. Court Reporter: E. Combs. Case called. Order to show cause signed. (Tirado, Chelsea) |
| Filing 14 MOTION for Order to Show Cause , MOTION for Preliminary Injunction and Seizure Order by Live Nation Merchandise, Inc.. (Attachments: #1 Proposed Order [Proposed] Preliminary Injunction and Seizure Order, #2 Declaration Declaration of Peter Weber in Support of Preliminary Injunction and Seizure Order, #3 Exhibit Exhibit A in Support of Declaration of Peter Weber, #4 Exhibit Exhibit B in Support of Declaration of Peter Weber, #5 Exhibit Exhibit C in Support of Declaration of Peter Weber) (Sardone, Francesco) |
| Filing 13 FILING FEE: $ 500.00, receipt number NYEC025485 - ($500 bond re #9 Temporary Restraining Order Seizure Order and Order To Show Cause Why a Preliminary Injunction and Seizure Order Should Not Issue) (Tirado, Chelsea) |
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Electronic ORDER denying DE #8 Motion for Leave to Appear Pro Hac Vice. The motion is denied without prejudice for failure to comply with Local Rule 1.3(c)(1). Ordered by Magistrate Judge Steven I. Locke on 6/15/2018. (Vissichelli, Eric)
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| Filing 12 Notice of Report on the filing of an action regarding a Patent or Trademark. (Cox, Dwayne) |
| Filing 11 NOTICE of Appearance by Francesco Sardone on behalf of Live Nation Merchandise, Inc. (notification declined or already on case) (Cox, Dwayne) |
| Filing 10 NOTICE of Appearance by David M. Carter on behalf of Live Nation Merchandise, Inc. (notification declined or already on case) (Cox, Dwayne) |
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Filing 9
TEMPORARY RESTRAINING ORDER; SEIZURE ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION AND SEIZURE ORDER SHOULD NOT ISSUE - IT IS HEREBY ORDERED that defendants, John Does 1-100, Jane Does 1-100 and XYZ Company their true identities being unknown (collectively "Defendants"), show cause before the Honorable Sandra J. Feuerstein, USDJ, in Courtroom 1010, at 11AM on 6/28/2018 or as soon thereafter as counsel can be heard, why an order pursuant to Fed. R. Civ. P. Rule 65, the Lanham Act 15 U.S.C. 1051 et. seq., and the All Writs Act 28 U.S.C. 1651 should not be entered granting to Plaintiff, Live Nation Merchandise, Inc. ("Plaintiff"), a preliminary injunction to enjoin the Defendants from manufacturing, distributing, selling or holding for sale, any clothing, jewelry, photographs, posters and other merchandise (collectively the "Infringing Merchandise") and to seize the same bearing the federally registered trademarks, service marks, likenesses, logos and other indicia of the Group "Lynyrd Skynyrd" (collectively, the "Group's Trademarks")... AND IT IS FURTHER ORDERED that this order be and is hereby conditioned upon Plaintiff's filing with the Clerk of this Court an undertaking in the form of a bond, certified check, or cash in the amount of $500.00, no later than 5PM EST on 6/18/2018, 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... AND IT IS FURTHER ORDERED that Defendants' responsive papers, if any, shall be filed with the Clerk of this Court and served upon the attorneys for Plaintiff by delivering copies to its counsel on or before 5PM on 6/25/2018. Any reply shall be filed by the Plaintiff and served upon each appearing defendant or his/her counsel on or before 5PM on 6/27/2018. Plaintiff is to provide copies of all other filed pleadings at the request of any identified defendant... SEE ORDER FOR FURTHER DETAILS. SO Ordered by Judge Sandra J. Feuerstein on 6/14/2018. (Tirado, Chelsea)
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice by Live Nation Merchandise, Inc.. (Attachments: #1 Affidavit) (Cox, Dwayne) |
| Filing 7 F.R.C.P. Rule 65 CERTIFICATE of Counsel Cara R. Burns in Support re #4 MOTION for Temporary Restraining Order Seizure Order and Order To Show Cause Why a Preliminary Injunction and Seizure Order Should Not Issue filed by Live Nation Merchandise, Inc.. (Cox, Dwayne) (Main Document 7 replaced on 6/14/2018) (Cox, Dwayne). (Additional attachment(s) added on 6/14/2018: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Cox, Dwayne). |
| Filing 6 DECLARATION of Peter Weber in Support re #4 MOTION for Temporary Restraining Order Seizure Order and Order To Show Cause Why a Preliminary Injunction and Seizure Order Should Not Issue filed by Live Nation Merchandise, Inc.. (Cox, Dwayne) |
| Filing 5 MEMORANDUM of Points and Authorities in Support re #4 MOTION for Temporary Restraining Order Seizure Order and Order To Show Cause Why a Preliminary Injunction and Seizure Order Should Not Issue filed by Live Nation Merchandise, Inc.. (Cox, Dwayne) |
| Filing 4 MOTION for Temporary Restraining Order Seizure Order and Order To Show Cause Why a Preliminary Injunction and Seizure Order Should Not Issue by Live Nation Merchandise, Inc.. (Attachments: #1 Proposed Temporary Restraining Order, Seizure Order and Order to Show Cause) (Cox, Dwayne) |
| Filing 3 DISCLOSURE of Interested Parties by Live Nation Merchandise, Inc.. (Cox, Dwayne) |
| Filing 2 Summonses Issued as to Jane Does 1-100, John Does 1-100, XYZ Company. (Attachments: #1 Issued Summons, #2 Issued Summons) (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Live Nation Merchandise, Inc.. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
| FILING FEE: $ 150.00, receipt number 25479 (Cox, Dwayne) |
| FILING FEE: $ 400.00, receipt number 25478 (Cox, Dwayne) |
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