Michael Kors, L.L.C. v. G H R Fashion Inc.
Plaintiff: Michael Kors, L.L.C.
Defendant: G H R Fashion Inc.
Case Number: 1:2015cv07939
Filed: October 7, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Thomas P Griesa
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Defendant
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This docket was last retrieved on May 10, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 10, 2017 Filing 30 AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 5/10/2017 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (jwh)
May 10, 2017 Opinion or Order Filing 29 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT G H R FASHION INC. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2): Plaintiff Michael Kors, L.L.C., by and through its counsel, Baker & Hostetler LLP ("Plaintiff'), and Defendant G H R Fashion Inc., by and through its counsel, Addabbo & Greenberg ("Defendant") (collectively, the "Parties"), hereby stipulate pursuant to Federal Rule of Civil Procedure 41 (a)(2) to the following: 1. On October 7, 2015, Plaintiff filed a complaint against Defendant. 2. On November 5, 2015, Defendant answered the complaint. 3. Thereafter, the Parties entered into a settlement agreement satisfactory to both Plaintiff and Defendant. 4. In accordance with Federal Rule of Civil Procedure 41 (a)(2), the Parties hereby stipulate to a dismissal with prejudice of all of Plaintiffs claims against Defendant in the above-captioned matter. 5. The provisions of this Stipulation shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. (Signed by Judge Thomas P. Griesa on 5/10/2017) (jwh)
May 10, 2017 Opinion or Order Filing 28 PERMANENT INJUNCTION ORDER: NOW THEREFORE, it is hereby ORDERED as follows that: 1. The Defendant and its respective principals, officers, agents, servants, employees, and attorneys, and all persons in concert and participation with them are hereby permanently restrained and enjoined: (a) From using the MK trademarks as shown on U.S. Trademark Registrations; as set forth herein. (b) From possessing, receiving, manufacturing, distributing, advertising, promoting, returning, offering for sale or otherwise disposing of in any manner, holding for sale or selling any goods, labels, tags, logos, decals, emblems, signs, and other forms of markings, any packaging, wrappers, pouches, containers and receptacles, and any catalogs, price lists, promotional materials and the like bearing a copy or colorable imitation of the Plaintiff's Registered Trademarks; and as further set forth in this order. (Signed by Judge Thomas P. Griesa on 5/10/2017) (jwh)
April 18, 2017 Opinion or Order Filing 27 ORDER granting #26 Letter Motion to Adjourn Conference. The status conference scheduled for April 19, 2017 is adjourned. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/18/2017) (ama)
April 18, 2017 Filing 26 LETTER MOTION to Adjourn Conference addressed to Judge Thomas P. Griesa from Kevin M. Wallace dated April 18, 2017. Document filed by Michael Kors, L.L.C..(Wallace, Kevin)
February 8, 2017 Opinion or Order Filing 25 ORDER. The parties in the above-captioned case shall appear for a status conference on Wednesday, April 19, 2017 at 3:00 PM in Courtroom 26B at 500 Pearl Street, New York, New York. SO ORDERED. (Status Conference set for 4/19/2017 at 03:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 2/8/2017) (rjm)
February 8, 2017 Opinion or Order Filing 24 FOURTH AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Amended Civil Case Management Plan is jointly submitted by Plaintiff Michael Kors, L.L.C., and Defendant G HR Fashion Inc. (hereafter, collectively, the "Parties") in accordance with Rule 26(f) of the Federal Rules of Civil Procedure ("Fed. R. Civ. P."), and the parties propose that it be adopted as the Scheduling Order of this Court in accordance with Rule 16(b), Fed. R. Civ. P. (1) Depositions. All depositions (excluding expert depositions) must be completed by the Fact Discovery Cut-Off date provided below. The Parties agree to no more than fifteen total depositions for Plaintiffs, and fifteen total depositions for Defendant. (2) Fact Discovery Cut-Off. Other than as set forth in this Case Management Plan, fact discovery is to be completed on or before April 7, 2017. (3) Expert Discovery Cut-Off. The Parties reserve their respective rights to rely on testifying experts for any matters they deem appropriate. However, any expert discovery is to be completed on or before June 7, 2017. (4) Joinder of Additional Parties and Amendments to the Pleadings. The Parties agree that Plaintiff shall file any motion to join additional parties and/or motion to amend the pleadings on or before May 10, 2017. Defendant shall file any motion to join additional parties and/or motion to amend the pleadings no later than thirty days after the filing of Plaintiff's motion to join additional parties or motion to amend the pleadings. (5) Pre-Trial Motions. The Parties agree that any Motions for Judgment on the Pleadings must be filed on or before August 7, 2017. (6) Joint Pre-Trial Order. The Parties agree to file a joint pre-trial order, together with any motions in limine, no later than October 6, 2017. (7) Any Other Matters That May Add to the Just and Expeditious Disposition of This Matter. The Parties are not presently aware of any other matter that may add to the just and expeditious disposition of this matter. (8) Trial. The Parties agree that they will confer with each other and the Court to schedule a final pre-trial conference and trial date, which will not be earlier than May 12, 2017. (9) Other than as described above, discovery will not be conducted in phases or be limited to or focused on particular issues, and as further set forth in this Fourth amended Civil Case Management Plan and Scheduling Order. (Motions due by 10/6/2017. Deposition due by 4/7/2017. Fact Discovery due by 4/7/2017. Expert Discovery due by 6/7/2017. Pretrial Order due by 10/6/2017). (Signed by Judge Thomas P. Griesa on 2/8/2017) (rjm)
February 7, 2017 Filing 23 LETTER addressed to Judge Thomas P. Griesa from Kevin M. Wallace dated February 7, 2017 re: Requesting that the Third Amended Civil Case Management Plan and Scheduling Order be Amended. Document filed by Michael Kors, L.L.C.. (Attachments: #1 Fourth Amended Civil Case Management Plan and Scheduling Order)(Wallace, Kevin)
December 7, 2016 Opinion or Order Filing 22 THIRD AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Other than as set forth in this Case Management Plan, fact discovery is to be completed on or before February 7, 2017. The Parties reserve their respective rights to rely on testifying experts for any matters they deem appropriate. However, any expert discovery is to be completed on or before April 7, 2017. The Parties agree to file a joint pre-trial order, together with any motions in limine, no later than August 7, 2017. (As further set forth in this Order.) Motions due by 8/7/2017. Fact Discovery due by 2/7/2017. Expert Discovery due by 4/7/2017. Pretrial Order due by 8/7/2017. (Signed by Judge Thomas P. Griesa on 12/7/2016) (cf)
December 6, 2016 Filing 21 LETTER addressed to Judge Thomas P. Griesa from Kevin M. Wallace dated December 6, 2016 re: Requesting that the Second Amended Civil Case Management Plan and Scheduling Order be Amended. Document filed by Michael Kors, L.L.C.. (Attachments: #1 Proposed Third Amended Civil Case Management Plan and Scheduling Order)(Wallace, Kevin)
September 28, 2016 Opinion or Order Filing 20 SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: (1) Depositions. All depositions (excluding expert depositions) must be completed by the Fact Discovery Cut-Off date provided below. The Parties agree to no more than fifteen total depositions for Plaintiffs, and fifteen total depositions for Defendant. Trial. The Parties agree that they will confer with each other and the Court to schedule a final pre-trial conference and trial date, which will not be earlier than January 13, 2017. Motions due by 6/7/2017. Fact Discovery due by 12/7/2016. Expert Discovery due by 2/8/2017. Pretrial Order due by 6/7/2017. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 9/28/2016) (kl)
September 28, 2016 Filing 19 LETTER addressed to Judge Thomas P. Griesa from Kevin M. Wallace dated September 28, 2016 re: Requesting that the Amended Civil Case Management Plan and Scheduling Order be Amended. Document filed by Michael Kors, L.L.C.. (Attachments: #1 Second Amended Civil Case Management Plan and Scheduling Order)(Wallace, Kevin)
July 29, 2016 Opinion or Order Filing 18 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: (1) Depositions. All depositions (excluding expert depositions) must be completed by the Fact Discovery Cut-Off date provided below. The Parties agree to no more than fifteen total depositions for Plaintiffs, and fifteen total depositions for Defendant. (2) Fact Discovery Cut-Off. Other than as set forth in this Case Management Plan, fact discovery is to be completed on or before October 5, 2016. (3) Expert Discovery Cut-Off. The Parties reserve their respective rights to rely on testifying experts for any matters they deem appropriate. However, any expert discovery is to be completed on or before December 7, 2016. (4) Joinder of Additional Parties and Amendments to the Pleadings. The Parties agree that Plaintiff shall file any motion to join additional parties and/or motion to amend the pleadings on or before November 7, 2016. Defendant shall file any motion to join additional parties and/or motion to amend the pleadings no later than thirty days after the filing of Plaintiff's motion to join additional parties or motion to amend the pleadings. (5) Pre-Trial Motions. The Parties agree that any Motions for Judgment on the Pleadings must be filed on or before February 7, 2017. (6) Joint Pre-Trial Order. The Parties agree to file a joint pre-trial order, together with any motions in limine, no later than April 7, 2017. (8) Trial. The Parties agree that they will confer with each other and the Court to schedule a final pre-trial conference and trial date, which will not be earlier than January 13, 2017. (As further set forth in this Order) Motions due by 4/7/2017. Fact Discovery due by 10/5/2016. Expert Discovery due by 12/7/2016. Pretrial Order due by 4/7/2017. (Signed by Judge Thomas P. Griesa on 7/29/2016) (kl)
July 29, 2016 Filing 17 LETTER addressed to Judge Thomas P. Griesa from Kevin M. Wallace dated July 29, 2016 re: Requesting that the Civil Case Management Plan and Scheduling Order be Amended. Document filed by Michael Kors, L.L.C.. (Attachments: #1 Proposed Amended Civil Case Management Plan and Scheduling Order)(Wallace, Kevin)
June 14, 2016 Filing 16 NOTICE OF APPEARANCE by Todd D. Greenberg on behalf of G H R Fashion Inc.. (Greenberg, Todd)
June 14, 2016 Filing 15 NOTICE of Substitution of Attorney. Old Attorney: John S. Yong, New Attorney: Todd D. Greenberg, Address: ADDABBO & GREENBERG, 118-21 Queens Blvd. Suite 306, Forest Hills, NY, USA 11375, 718-268-0400. Document filed by G H R Fashion Inc.. (Greenberg, Todd)
January 21, 2016 NOTICE OF CASE REASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (wb)
January 21, 2016 Magistrate Judge Sarah Netburn is so designated. (wb)
January 21, 2016 CASE ACCEPTED AS RELATED. Create association to 1:07-cv-09438-TPG. Notice of Assignment to follow. (wb)
November 23, 2015 Minute Entry for proceedings held before Judge Thomas P. Griesa: Initial Pretrial Conference held on 11/23/2015. Plaintiff represented by Attorneys' Heather Jan McDonald and Robb Beckerlegge. Defendant represented by Attorney John Son Yong. See case management plan and scheduling order previously signed by the Court on 11/19/2015 for dates and deadlines. (No transcript taken.) (Zaepfel, Kenneth)
November 19, 2015 Opinion or Order Filing 14 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Motions due by 2/8/2017. Deposition due by 8/5/2016. Fact Discovery due by 8/5/2016. Expert Discovery due by 10/7/2016. Joinder of Additional Parties and Amendments to the Pleadings. The Parties agree that Plaintiff shall file any motion to join additional parties and/or motion to amend the pleadings on or before September 7, 2016. Defendant shall file any motion to join additional parties and/or motion to amend the pleadings no later than thirty days after the filing of Plaintiff's motion to join additional parties or motion to amend the pleadings. Pre-Trial Motions. The Parties agree that any Motions to Dismiss must be filed on or before December 9, 2015. The Parties also agree that any Motions for Judgment on the Pleadings must be filed on or before December 7, 2016. Pretrial Order due by 2/8/2017. Trial. The Parties agree that they will confer with each other and the Court to schedule a final pre-trial conference and trial date, which will not be earlier than January 13, 2016. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 11/19/2015) (kl)
November 17, 2015 Filing 13 LETTER addressed to Judge Thomas P. Griesa from Heather J. McDonald dated November 17, 2015 re: Enclosing Civil Case Management Plan and Scheduling Order. Document filed by Michael Kors, L.L.C.. (Attachments: #1 Civil Case Management Plan and Scheduling Order)(McDonald, Heather)
November 6, 2015 Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint served. G H R Fashion Inc. served on 10/14/2015, answer due 11/4/2015. Document filed by Michael Kors, L.L.C.. (McDonald, Heather)
November 5, 2015 Filing 11 ANSWER to #1 Complaint with JURY DEMAND. Document filed by G H R Fashion Inc..(Yong, John)
November 5, 2015 Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by G H R Fashion Inc..(Yong, John)
November 5, 2015 Filing 9 NOTICE OF APPEARANCE by John Son Yong on behalf of G H R Fashion Inc.. (Yong, John)
October 8, 2015 Filing 8 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(McDonald, Heather)
October 8, 2015 Filing 7 ELECTRONIC SUMMONS ISSUED as to G H R Fashion Inc.. (dgo)
October 8, 2015 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dgo)
October 8, 2015 Case Designated ECF. (dgo)
October 8, 2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Heather Jane McDonald Document No. #6 AO 120 Form Patent/Trademark - Notice of Submission by Attorney,. The filing is deficient for the following reason(s): CLERK section of the form was filled out, must be left blank... (dgo)
October 8, 2015 CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 07-cv-9438. (dgo)
October 7, 2015 Filing 6 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(McDonald, Heather) Modified on 10/8/2015 (dgo).
October 7, 2015 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Michael Kors Holdings Limited for Michael Kors, L.L.C.. Document filed by Michael Kors, L.L.C..(McDonald, Heather)
October 7, 2015 Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 07-cv-9438. Document filed by Michael Kors, L.L.C..(McDonald, Heather)
October 7, 2015 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to G H R Fashion Inc., re: #1 Complaint. Document filed by Michael Kors, L.L.C.. (McDonald, Heather)
October 7, 2015 Filing 2 CIVIL COVER SHEET filed. (McDonald, Heather)
October 7, 2015 Filing 1 COMPLAINT against G H R Fashion Inc.. (Filing Fee $ 400.00, Receipt Number 0208-11482392)Document filed by Michael Kors, L.L.C.. (Attachments: #1 Exhibit A-Trademarks)(McDonald, Heather)

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Defendant: G H R Fashion Inc.
Represented By: John Son Yong
Represented By: Todd D. Greenberg
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Plaintiff: Michael Kors, L.L.C.
Represented By: Heather Jane McDonald
Represented By: Kevin M Wallace
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