MPD Accessories B.V. v. Urban Outfitters, Inc. et al
| MPD Accessories B.V. |
| Urban Outfitters, Inc., GMA Accessories Inc. and ABC Corps 1-5 |
| 1:2012cv06501 |
| August 24, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Laura Taylor Swain |
| Copyrights |
| 17 U.S.C. ยง 101 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
201
MEMORANDUM ORDER. For the reasons in this Memorandum Order, the Court denies Defendants' motion for reconsideration. This Memorandum Order resolves docket entry no. 186. The Clerk of Court is hereby directed to issue a check from the registry of the Court payable to "Cozen O'Connor as attorneys for MPD Accessories B.V." in the amount of $86,926.95, which was paid by Defendants as security for the issuance of a stay of the Court's judgment against them pending the re solution of this motion. The Court denies Plaintiff's request for an award of its fees incurred in opposing this motion. Denying 186 Motion for Reconsideration. (Signed by Judge Laura Taylor Swain on 7/15/2014). Copy sent interoffice to Finance Office Rm. 120. (rjm)
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Filing
180
MEMORANDUM OPINION AND ORDER re: 137 MOTION for Summary Judgment filed by MPD Accessories B.V. Plaintiff's motion for summary judgment on its copyright infringement claims is granted in its entirety. Plaintiff's unfair competitio n claims are withdrawn. Defendant Urban Outfitters must pay $61,382.62 to Plaintiff as damages. Defendant GMA must pay Plaintiff $25,533 to Plaintiff as damages. Defendants, their officers, servants, agents, employees, attorneys and all p ersons who are in active concert or participation with any of them who receive actual notice of this Memorandum Opinion and Order are enjoined from: (i) using the MPD copyright protected Stripe Design and Star Design or any reproduction, counterfei t, copy or colorable imitation of the MPD copyright protected Stripe Design and Star Design in connection with the manufacturing, reproduction, distribution, offering for sale and/or sale of merchandise not the genuine products of MPD; and (ii) shi pping, delivering, distributing, returning, transferring orotherwise moving, or disposing of in any manner, including scarves, bearing the MPD Stripe Design or Star Design, or any reproduction, counterfeit, copy or colorable imitation of the same. Defendants must deliver all Stripe Design and Star Design scarves that are in their possession, custody or control to Plaintiff at its offices in the Netherlands within 30 days from the date of this Memorandum Opinion and Order. This Memorandum Opin ion and Order resolves docket entry number 137. The Clerk of the Court is hereby directed to enter judgment in Plaintiff's favor and close this case. Any motion for attorneys' fees must be brought in accordance with the timetable and procedures set forth in Federal Rule of Civil Procedure 54(d)(2). (Signed by Judge Laura Taylor Swain on 5/30/2014) (lmb)
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Filing
135
MEMORANDUM AND ORDER: Based on the reasonable number of hours and reasonable hourly rates, as explained above, the Court finds that the defendants are entitled to $9,039 in reasonable attorney's fees incurred in opposing the plaintiff's motion to compel, to be paid by the plaintiff, on or before October 31, 2013. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/23/2013) (tn)
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Filing
123
MEMORANDUM AND ORDER granting in part and denying in part 99 Motion for Sanctions. For the foregoing reasons, the defendants' motion, Docket Entry No. 99, is granted, in part, and denied, in part. The plaintiff is directed to produce Kamp fo r deposition in New York, on August 27, 2013, and the following conditions apply: (1) no request for another adjournment, change of date, or alternate method of deposition will be entertained; and (2) in light of the record history concerning Kamp� 39;s deposition and numerous opportunities to be heard in the past as well as the judicial and parties' resources already consumed unnecessarily, the plaintiff is cautioned that any failure to obey this order will be considered unjustified, prejudicial and in bad faith and will result in a report to the assigned district judge, recommending dismissal of the complaint. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/13/2013) (rsh)
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Filing
112
MEMORANDUM AND ORDER: The plaintiff failed to establish that its motion to compel was substantially justified. The plaintiff is liable to the defendants for reasonable attorneys fees and expenses, pursuant to Rule 37(a)(5)(B) of the Federal Rules of Civil Procedure. It is ORDERED that: on or before July 30, 2013, the defendants file evidence, via affidavit or other means, of the reasonable attorneys fees and expenses they incurred in responding to the plaintiffs motion to compel; on or before Au gust 13, 2013, the plaintiff file any challenge to the reasonableness of the attorney's fees and expenses sought by the defendants; and on or before August 20, 2013, the defendants may file any reply. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/22/2013) (rsh)
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