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 |
| 1:2018cv07551 |
| August 20, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Loretta A Preska |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
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Filing 13
PRELIMINARY INJUNCTION AND SEIZURE ORDER: 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 Artist'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 any or all of the Artist's Trademarks; or (C) Aiding, abetting, inducing, or encouraging another to perform any of the acts enjoined herein, and as further set forth in this order. IT IS FURTHER ORDERED, that the bond of Five Thousand Dollars ($5,000) 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. (Signed by Judge Loretta A. Preska on 9/26/2018) (jwh)
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| Filing 12 DECLARATION of Peter Weber in Support re: #6 Order to Show Cause,,,,,,,,, #5 Order,,,,,,, Set Deadlines/Hearings,,,,,,. Document filed by Live Nation Merchandise, Inc.. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Services of Process)(Bradford, Mark) |
| Filing 11 DECLARATION of Peter Weber in Support re: #5 Order,,,,,,, Set Deadlines/Hearings,,,,,,. Document filed by Live Nation Merchandise, Inc.. (Attachments: #1 Exhibit A - Text of Proposed Order, #2 Exhibit B - Proofs of Service Examples)(Bradford, Mark) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Live Nation Entertainment, Inc. for Live Nation Merchandise, Inc.. Document filed by Live Nation Merchandise, Inc..(Bradford, Mark) |
| Filing 9 AFFIRMATION of Counsel Cara R. Burns in Support re: #6 Order to Show Cause,,,,,,,,,. Document filed by Live Nation Merchandise, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bradford, Mark) |
| Filing 8 DECLARATION of Peter Weber in Support re: #6 Order to Show Cause,,,,,,,,,. Document filed by Live Nation Merchandise, Inc.. (Attachments: #1 Exhibit A - Tour Schedule, #2 Exhibit B - photo documentation)(Bradford, Mark) |
| Filing 7 MEMORANDUM OF LAW re: #6 Order to Show Cause,,,,,,,,, . Document filed by Live Nation Merchandise, Inc.. (Bradford, Mark) |
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Filing 6
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 P. Kevin Castel, United States District Court Judge, in the United States District Court for the Southern District of New York, located at 500 Pearl Street, New York, New York at 4:00 p.m. on Sept. 4, 2018 or as soon thereafter as counsel can be heard, why an order pursuant to the Lanham Act 15 U.S.C. 1051 et. seq., Fed. R. Civ. P. Rule 65, and the All Writs Act 28 U.S.C. 1651 should not be entered granting to Plaintiff, Live Nation Merchandise, Inc., 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 Artist "DRAKE" (collectively, the "Artist's Trademarks"); as further set forth herein. 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 $5000.00 no later than Sept. 4, 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 noon on Sept 3, 2018. Any reply shall be filed by the Plaintiff and served upon each appearing defendant or his/her counsel on or before noon on Sept 4, 2018. Plaintiff is to provide copies of all other filed pleadings at the request of any identified defendant. (Signed by Judge Loretta A. Preska on 8/20/2018) (mro)
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| ***DELETED DOCUMENT. Deleted document number #7 TEMPORARY RESTRAINING ORDER; SEIZURE ORDER; AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION AND SEIZURE ORDER SHOULD NOT ISSUE. The document was incorrectly filed in this case. (anc) |
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Filing 5
ORDER: At the preliminary injunction hearing held today, counsel for the plaintiff appeared and no defendant appeared. After reviewing the submissions of the plaintiff and hearing counsel, the following is ORDERED: The motion for a preliminary injunction is GRANTED as to all John Does who have been served with the Temporary Restraining Order of August 20, 2018. All such John Does are preliminarily enjoined from manufacturing, distributing and selling Infringing Merchandise bearing any or all of the Artist's Trademarks pending a trial on the merits. The Temporary Restraining Order of August 20, 2018 is extended for 14 days from the date of this Order as to any and all persons falling within its scope who are subsequently served with the Temporary Restraining Order and a copy of this Order. The scope of the second decretal paragraph on page 2 of the Temporary Restraining Order shall include the 4 mile radius for the period 4 hours before and 4 hours after the performances on September 7, 8 and 9, 2018 at the TD Garden in Boston, MA, on September 12-13, 2018 at the Capital One Arena in Washington, D.C., on September 15, 2018 at the Wells Fargo Center, in Philadelphia, PA and on September 18, 2018 at the Bridgestone Arena, Nashville, TN. There shall be a hearing on the motion for a preliminary injunction against any person served pursuant to paragraph 2 of this Order before Hon. Loretta A. Preska on September 26, 2018 at 11 a.m. in Courtroom 12A, 500 Pearl Street, New York, N.Y. The bond in the third decretal paragraph of the August 20, 2018 Order shall be continued. SO ORDERED. (Signed by Judge P. Kevin Castel Part I on 9/04/2018) (ama) Modified on 9/5/2018 (ama).
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| Set/Reset Deadlines as to Motion Hearing set for 9/26/2018 at 11:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (ama) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing held on 9/4/2018. Motion for preliminary injunction granted as to all served defendants. TRO continued for 14 days. See transcript. Preliminary injunction hearing continued to September 26, 2018 at 11 a.m. before the Hon. Loretta A. Preska in Courtroom 12A. (Court Reporter Raquel Robles) (Nacanther, Florence) |
| Filing 4 AO 120 FORM TRADEMARK - CASE OPENING - 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 court action has been 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). (dnh) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Mark Dana Bradford for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint, #2 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (pne) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #6 Order to Show Cause, dated 8/20/2018, from Judge Loretta A. Preska, received $5,000.00 from Live Nation Merchandise, Inc. Receipt Number 465401216896 on 8/27/2018. (nm) |
| Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Bradford, Mark) |
| Filing 2 CIVIL COVER SHEET filed. (pc) (jgo). |
| Filing 1 COMPLAINT against Jane Does 1-100, John Does 1-100, XYZ Company. (Filing Fee $ 400.00, Receipt Number 465401216426)Document filed by Live Nation Merchandise, Inc..(pc) (jgo). |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Case Designated ECF. (pc) |
| SUMMONS ISSUED as to XYZ Company. (pc) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Mark Dana Bradford to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (pc) |
| SUMMONS ISSUED as to John Does 1-100. (pc) |
| SUMMONS ISSUED as to Jane Does 1-100. (pc) |
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