Nike, Inc. et al v. Reebok International Ltd.
| Nike, Inc. and Nike USA, Inc. |
| Reebok International Ltd. |
| 1:2012cv02275 |
| March 27, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| P. Kevin Castel |
| Other Statutory Actions |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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| Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 4/4/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 37 TRANSCRIPT of Proceedings re: hearing held on 4/4/2012 before Judge P. Kevin Castel. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2012. Redacted Transcript Deadline set for 6/14/2012. Release of Transcript Restriction set for 8/13/2012.(McGuirk, Kelly) |
| Filing 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORDER TO SHOW CAUSE proceeding held on 3/28/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 35 TRANSCRIPT of Proceedings re: ORDER TO SHOW CAUSE held on 3/28/2012 before Judge P. Kevin Castel. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/14/2012. Redacted Transcript Deadline set for 5/24/2012. Release of Transcript Restriction set for 7/23/2012.(McGuirk, Kelly) |
| Returned Original Surety Bond (document #3) to Gail Burwa on 4/11/2012. (jar) |
| Filing 34 JUDGMENT 1. As used in this Final Judgment, the term "Unauthorized Tebow Product(s)" means any NFL-related jersey or t-shirt product sold or distributed by, manufactured by or for, or in the possession or ccintrol of Defendant Reebok International Ltd. ("Reebok" or "Defendant") with the name Tebow affixed to the product after February 28, 2012, and manufactured or sold by or for Reebok under the alleged authority. permission or license ofNFL Players Inc. in connection with Reebok's 2010 License Agreement with NFL Players, Inc. 2."Unauthorized Tebow Product" specifically includes the New York Jets-related apparel with ~he Tebow name on it that has been, or is being, manufactured by or for Reebok, and that was'distributed and sold by or for the benefit of Reebok during March 2012. 3. Reebok, together with its agents, licensees, officers, employees, and its affiliated businesses, and those acting in active concert with them, are restrained from: (a) Manufacturing, causing to be manufactured, selling, attempting to sell, causing to be sold, donating, permitting any other individual or entity to sell, distribute, promote, market, donate or advertise an Unauthorized Tebow Product (b) Soliciting or accepting orders for any Unauthorized Tebow Product; and (c) Causing or authorizing Unauthorized Tebow Product to be shipped or delivered to anyone other than for the destruction or withdrawal ofsuch goods from distribution. 4. Reebok, together with its agents, licensees, officers, employees, and its affiliated businesses, and those acting in active concert with them, are ordered to:(a) Advise all retailers and distributors carrying Unauthorized Tebow Products that this injunction has issued and inform them that distributing and selling Unauthorized Tebow Products may expose them to liability; (b)Offer to repurchase all Unauthorized Tebow Products from resellers, vendors and distributors at not less than the price paid for the Unauthorized Tebow Products; and (c) Recall all Unauthorized Tebow Product currently in distribution channels controlled by Reebok. 5. No costs or attorneys' fees shall be awarded to either party. 6. This Court shall retain jurisdiction of this matter for the purpose of enforcing the terms of this Final Judgment. (Signed by Judge P. Kevin Castel on 4/10/12) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) |
Filing 33
STIPULATION AND ORDER RELEASING SURETY BOND POSTED BY PLAINTIFFS: IT IS HEREBY STIPULATED, for the parties that an Order should be entered by the Court based upon the Settlement Agreement, the Stipulated Entry of Judgment and the Final Judgment entered by this Court, that American Safety Casualty Insurance Company is hereby released from any and all liability in connection with a Temporary Restraining Order bond in the amount of $80,000 issued on the 29th day of March 2012, and the Clerk of the District Court for the Southern District of New York is directed to release the original surety bond to a representative of Tannenbaum Helpern Syracuse & Hirschtritt LLP, 900 Third Avenue, New York, New York 10022. (Signed by Judge P. Kevin Castel on 4/9/2012) (jfe)
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Filing 31
PRELIMINARY INJUNCTION ORDER: ORDERED that Defendant, and all persons acting in concert with it, be, and hereby are, preliminarily restrained and enjoined by the Court as follows: 1. As used in this Order, the term "Unauthorized Tebow Product(s)" means any athletic and casual apparel product sold or distributed by, manufactured by or for, or in the possession or control of Reebok with the name "Tebow" printed on it. "Unauthorized Tebow Product" includes the New York Jets-related apparel with the Tebow name on it that has been, or is being, manufactured by or for Reebok, and that is currently being distributed and sold by or for the benefit of Reebok. "Unauthorized Tebow Product" does not include any Denver Broncos related apparel marked with the Tebow name that was manufactured by or for Reebok on or before March 1, 2012 so long as (i) the use of Tebow's name for that purpose was and is authorized under the terms of a valid license from the NFL Players, and (ii) Reebok is licensed to distribute and sell Broncos-related merchandise that was marked with Tebow's name prior to March 1, 2012. IT IS FURTHER ORDERED that pursuant to Fed. R. Civ. P. 65(c), Plaintiffs shall post an additional undertaking or bond in the amount of $40,000, for a total bond of $120,000, on or before April 9, 2012; and IT IS FURTHER ORDERED that this injunction shall continue until judgment is entered in this Action unless modified by further Order of this Court. (Signed by Judge P. Kevin Castel on 4/5/2012) (djc)
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| CASHIERS OFFICE REMARK on 9 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 03/29/2012, Receipt Number 1033814. (jd) |
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Filing 30
ORDER granting 9 Motion for Randolph C. Foster to Appear Pro Hac Vice. Randolph C. Foster is admitted to practice pro hac vice as counsel for Plaintiffs in this case in the United States District Court for the Southern District of New York. (Signed by Judge P. Kevin Castel on 3/28/2012) (ft)
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| Filing 29 MEMORANDUM OF LAW in Opposition re: 2 Order to Show Cause,, and in Opposition to Motion for Preliminary Injunction. Document filed by Reebok International Ltd.. (Friedman, Julian) |
| Filing 28 AFFIDAVIT of Sol Werdiger in Opposition re: 2 Order to Show Cause,,. Document filed by Reebok International Ltd.. (Attachments: # 1 Exhibit A)(Friedman, Julian) |
| Filing 27 AFFIDAVIT of Blake Lundberg in Opposition re: 2 Order to Show Cause,,. Document filed by Reebok International Ltd.. (Friedman, Julian) |
| Filing 26 AFFIDAVIT of Kenneth Gamble in Opposition re: 2 Order to Show Cause,,. Document filed by Reebok International Ltd.. (Friedman, Julian) |
| Filing 25 RESPONSE TO ORDER TO SHOW CAUSE re: 2 Order to Show Cause,,. Document filed by Reebok International Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Friedman, Julian) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Julian Walter Friedman to RE-FILE Document 13 Affidavit in Opposition to Motion, 14 Affidavit in Opposition to Motion, 15 Affidavit in Opposition to Motion, 16 Affidavit in Opposition to Motion. Use the event type Affidavit in Opposition (non-motion) found under the event list Other Answers. NOTE: Re-File and link to document # 2 Order To Show Cause. (ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Julian Walter Friedman to RE-FILE Document 17 Memorandum of Law in Opposition to Motion. Use the event type Memorandum of Law in Opposition (non-motion) found under the event list Other Answers. NOTE: Re-File and link to document # 2 Order To Show Cause. (ldi) |
| Filing 24 DECLARATION of Randall Todd Burdette with Exhibit 1 in Support re: 2 Order to Show Cause,,. Document filed by Nike USA, Inc., Nike, Inc.. (Sarkozi, Paul) |
| Filing 22 MEMORANDUM OF LAW in Support re: 2 Order to Show Cause,,. Document filed by Nike USA, Inc., Nike, Inc.. (Sarkozi, Paul) |
| Filing 21 DECLARATION of Randall Todd Burdette in Support re: 2 Order to Show Cause,,. Document filed by Nike USA, Inc., Nike, Inc.. (Sarkozi, Paul) |
| Filing 20 DECLARATION of Paul D. Sarkozi in Support re: 2 Order to Show Cause,,. Document filed by Nike USA, Inc., Nike, Inc.. (Attachments: # 1 Exhibit A - Declaration of Wendy Kirk, # 2 Exhibit B Part 1 - Declaration of Nathan C. Burnette, # 3 Exhibit B Part 2 - Declaration of Nathan C. Burnette, # 4 Exhibit C - Declaration of Keith Gordon, # 5 Exhibit D - F, # 6 FRCP 65 Certification)(Sarkozi, Paul) |
| Filing 19 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 2 Order to Show Cause,,. Document filed by Nike USA, Inc., Nike, Inc.. (Sarkozi, Paul) |
| Filing 18 DECLARATION of Randolph C. Foster in Support re: 2 Order to Show Cause,,. Document filed by Nike USA, Inc., Nike, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B-F)(Sarkozi, Paul) |
| Filing 17 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Opposition re: 5 MOTION for Temporary Restraining Order [re:2]. MOTION for Temporary Restraining Order [re:2]. and in Opposition to Plaintiffs' Motion for a Preliminary Injunction. Document filed by Reebok International Ltd. (Friedman, Julian) Modified on 4/4/2012 (ldi). |
| Filing 16 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Sol Werdiger in Opposition re: 5 MOTION for Temporary Restraining Order [re:2]. MOTION for Temporary Restraining Order [re:2].. Document filed by Reebok International Ltd.. (Attachments: # 1 Exhibit A)(Friedman, Julian) Modified on 4/4/2012 (ldi). |
| Filing 15 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Blake Lundberg in Opposition re: 5 MOTION for Temporary Restraining Order [re:2]. MOTION for Temporary Restraining Order [re:2].. Document filed by Reebok International Ltd.. (Friedman, Julian) Modified on 4/4/2012 (ldi). |
| Filing 14 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Kenneth P. Gamble in Opposition re: 5 MOTION for Temporary Restraining Order [re:2]. MOTION for Temporary Restraining Order [re:2].. Document filed by Reebok International Ltd.. (Friedman, Julian) Modified on 4/4/2012 (ldi). |
| Filing 13 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Julian W. Friedman in Opposition re: 5 MOTION for Temporary Restraining Order [re:2]. MOTION for Temporary Restraining Order [re:2].. Document filed by Reebok International Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Friedman, Julian) Modified on 4/4/2012 (ldi). |
| Filing 6 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Paul D. Sarkozi in Support re: 5 MOTION for Temporary Restraining Order [re:2].. Document filed by Nike USA, Inc., Nike, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Part 1), # 3 Exhibit B (Part 2), # 4 Exhibit C, # 5 Exhibit D-F)(Sarkozi, Paul) Modified on 4/3/2012 (ldi). |
| Filing 5 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Temporary Restraining Order [re:2]. Document filed by Nike USA, Inc., Nike, Inc.. (Attachments: # 1 FRCP 65 Certification)(Sarkozi, Paul) Modified on 4/3/2012 (ldi). |
| Filing 9 MOTION for Randolph C. Foster to Appear Pro Hac Vice. Document filed by Nike USA, Inc., Nike, Inc..(bwa) |
| Filing 4 SUMMONS RETURNED EXECUTED. Reebok International Ltd. served on 3/28/2012, answer due 4/18/2012. Service was accepted by Cathy Kreiger-Jewell, Process Specialist of Corporation Service Company registered agent for Defendant Reebok Int. Ltd. authorized to accept service for Defendant Reebok Int. Ltd.. Document filed by Nike, Inc.; Nike USA, Inc.. (Sarkozi, Paul) |
| Filing 3 TEMPORARY RESTRAINING ORDER BOND # ASB-530072 in the amount of $ 80,000.00 posted by Nike USA, Inc., and Nike, Inc.. (ml) |
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Filing 2
ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER filed by Nike USA, Inc. Defendant shall show cause as to why an Order should not be issued against the Defendant pursuant to FRCP 65 re "Unauthorized Tebow Products" and as further set forth in this document. Show Cause Hearing set for 4/4/2012 at 10:30 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Show Cause Response due by 4/3/2012, on or before 2 pm. (Signed by Judge P. Kevin Castel on 3/28/2012) (cd)
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| Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing held on 3/28/2012. Ruling: Court grants TRO with modification - striking paragraph 3(d). TRO Bond set at $80,000. Preliminary Injunction Hearing set for April 4, 2012 at 10:30 a.m. (rjm) |
| Filing 1 COMPLAINT against Reebok International Ltd. (Filing Fee $ 350.00, Receipt Number 3702)Document filed by Nike, Inc., Nike USA, Inc.(ama) |
| SUMMONS ISSUED as to Reebok International Ltd. (ama) |
| Magistrate Judge Ronald L. Ellis is so designated. (ama) |
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