BURBERRY LIMITED, et al. v. VARIOUS JOHN DOES, et al.
| PARFUMS CHRISTIAN DIOR, TIMBERLAND, LVMH FRAGRANCE BRANDS, BURBERRY LIMITED, GUERLAIN, SOCIETE PAR ACTIONS SIMPLIFIEE (SAS), KENZO, MICHAEL KORS, L.L.C., ABC, GUERLAIN, INC., PRL USA HOLDINGS, INC., HERMES INTERNATIONAL and TBL LICENSING LLC |
| XYZ COMPANIES, JANE DOES, DEF and VARIOUS JOHN DOES |
| 1:2019cv02242 |
| March 12, 2019 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
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This docket was last retrieved on September 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 43 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 9/12/2019 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). (km) |
| Filing 42 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) DEF, JANE DOES, VARIOUS JOHN DOES, XYZ COMPANIES. Document filed by BURBERRY LIMITED, KENZO, LVMH FRAGRANCE BRANDS, GUERLAIN, SOCIETE PAR ACTIONS SIMPLIFIEE (SAS), MICHAEL KORS, L.L.C., HERMES INTERNATIONAL, PARFUMS CHRISTIAN DIOR, TBL LICENSING LLC, GUERLAIN, INC., PRL USA HOLDINGS, INC., TIMBERLAND. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Wallace, Kevin) |
Filing 41
ORDER re: #40 Preliminary Injunction. On or before September 12, 2019, Plaintiffs are directed to file a letter with the Court concerning the status of this case. In that letter, Plaintiffs shall indicate whether they intend to move for default judgment, a permanent injunction, or any other form of relief, as well as whether they have received any communication from Defendants or their counsel regarding a response to the complaint. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/13/2019) (kv)
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Filing 40
PRELIMINARY INJUNCTION ORDER: Accordingly, the Court concludes as a matter of law: 1. This Court has jurisdiction over the subject matter of all counts of this action and over all the parties hereto; 2. Plaintiffs have established aprimafacie case of ownership of Plaintiffs' Federally Registered Trademarks; 3. Plaintiffs are likely to prevail on the merits of this action m showing that Defendants are counterfeiting and infringing Plaintiffs' Federally Registered Trademarks in violation of 15 U.S.C. 1114; 4. Defendants' actions have caused and will continue to cause immediate and irreparable harm, loss, and damage before a full trial on the merits can be held, in that monetary compensation will not afford adequate relief to Plaintiffs for Defendants' continuing acts of counterfeiting and trademark infringement; 5. The harm to Plaintiffs from the denial of this request for a Preliminary Injunction would outweigh the harm to the legitimate interests of Defendants against whom the Order would be issued and to any third parties; and 6. The public interest would best be served by granting this Preliminary Injunction prior to a full trial on the merits or a default judgment against Defendants. NOW THEREFORE, it is hereby ORDERED as follows that: 1. The Defendants and their respective principals, officers, agents, servants, employees, and attorneys, and all persons in concert and participation with them are hereby restrained and enjoined, pending termination of this action:(a) From using Plaintiffs' Federally Registered Trademarks, including but not limited to the following as further set forth in this Order. Service of this Order by first-class mail to the Defendants at 265 West 37th Street, Room 804, New York, New York 10018; and 35 West 31st Street, New York, New York 10018 shall constitute sufficient service of this Order on these Defendants. Service of this Order by affixing a copy of this Order to the door located at 265 West 37th Street, Floor 12A, Unmarked Door Near Freight Elevator, New York, New York 10018 shall constitute sufficient service of this Order on this Defendant. Service shall be deemed complete on the mailing or affixing of this Order as permitted above. 6. All papers under seal in this action to date are now unsealed. So Ordered. (Signed by Judge J. Paul Oetken on 5/6/2019) (js) Modified on 5/15/2019 (js).
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| Filing 39 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons, Complaint, & Seizure Order served on John Doe, Jane Doe, or XYZ Company on 5/4/2019. Remarks: 5/4/19 - left order in room. Document filed by BURBERRY LIMITED, GUERLAIN, INC., GUERLAIN, SOCIETE PAR ACTIONS SIMPLIFIEE (SAS), HERMES INTERNATIONAL, KENZO, LVMH FRAGRANCE BRANDS, MICHAEL KORS, L.L.C., PARFUMS CHRISTIAN DIOR, PRL USA HOLDINGS, INC., TBL LICENSING LLC, TIMBERLAND. (aea) |
| Filing 38 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons, Complaint, & Seizure Order served on John Doe, Jane Doe, or XYZ Company on 5/4/2019. Service : 5/4/2019 - Left order in room. Document filed by ABC, BURBERRY LIMITED, GUERLAIN, INC., GUERLAIN, SOCIETE PAR ACTIONS SIMPLIFIEE (SAS), HERMES INTERNATIONAL, KENZO, LVMH FRAGRANCE BRANDS, MICHAEL KORS, L.L.C., PARFUMS CHRISTIAN DIOR, PRL USA HOLDINGS, INC., TBL LICENSING LLC, TIMBERLAND. (aea) |
| Filing 37 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons, Complaint, & Seizure Order served on John Doe, Jane Doe, or XYZ Company on 5/4/2019. Service was accepted by 5/4/2019 - left order in store with owner. Document filed by ABC, BURBERRY LIMITED, GUERLAIN, INC., GUERLAIN, SOCIETE PAR ACTIONS SIMPLIFIEE (SAS), HERMES INTERNATIONAL, KENZO, LVMH FRAGRANCE BRANDS, MICHAEL KORS, L.L.C., PARFUMS CHRISTIAN DIOR, PRL USA HOLDINGS, INC., TBL LICENSING LLC, TIMBERLAND. (aea) |
| Minute Entry for proceedings held before Judge J. Paul Oetken: Show Cause Hearing held on 5/6/2019. (see transcript) (bh) |
| Filing 9 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons, Complaint & Seizer Order served on Various John Does, Jane Does and XYZ Companies - Blue Chrysler Minivan on 3/16/2019. Service was made by Left Order in Vehicle. Document filed by ABC. (vba) |
| Filing 8 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons, Complaint & Seizer Order served on Various John Does, Jane Does and XYZ Companies - Ground Floor on 3/16/2019. Service was made by Left Order in Room. Document filed by ABC. (vba) |
| Filing 7 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons, Complaint & Seizer Order served on Various John Does, Jane Does and XYZ Companies - Basement on 3/16/2019. Service was made by Left Order in Room. Document filed by ABC. (vba) |
| Filing 6 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons, Complaint & Seizer Order served on Various John Does, Jane Does and XYZ Companies on 3/13/2019. Service was made by Left Order in Room. Document filed by ABC. (vba) |
| Filing 5 AFFIDAVIT OF SERVICE of Preliminary Injunction Order served on John Doe Defendant at 270 West 38th Street, Suite 600A, New York on March 29, 2019. Service was made by First Class Mail. Document filed by ABC. (Wallace, Kevin) |
| Filing 4 AFFIDAVIT OF SERVICE of Preliminary Injunction Order served on John Doe Defendant at 35 West 31st Street, New York on March 29, 2019. Service was made by First Class Mail. Document filed by ABC. (Wallace, Kevin) |
| Minute Entry for proceedings held before Judge J. Paul Oetken: Show Cause Hearing held on 3/29/2019. (bh) |
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Filing 36
TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION. It is hereby: ORDERED that Defendants show cause before this Court at Courtroom 706, United States Courthouse, 40 Foley Square, New York, New York, on the 28th day of March, 2019 at 3:00 p.m., or as soon thereafter as counsel can be heard, why a preliminary injunction, pursuant to Fed. R. Civ. P. 65, should not be issued enjoining Defendants, their agents, servants, employees, officers, and all persons in active concert and participation with them, pending the final hearing and determination of this action: 1. From using Plaintiffs' federally registered trademarks, including but not limited to those trademark registrations listed on Exhibit A to the Complaint ("Plaintiffs' Federally Registered Trademarks"), and as further specified and set forth in this Order. It is further ORDERED that pending the hearing and determination of Plaintiffs' motion for preliminary injunction, Defendants, their agents, servants, employees, officers, and all other persons in active concert or participation with them, be and hereby are, without prior written or oral notice, temporarily restrained and enjoined from in any manner, either directly or indirectly, committing any of the acts set forth above which are sought to be enjoined by Plaintiffs; and it is further ORDERED, that the United States Marshal for the Southern District of New York, or a local law enforcement officer having jurisdiction (hereinafter jointly referred to as "Federal/Local Law Enforcement"), assisted by one or more attorneys or agents of Plaintiffs (jointly or severally referred to as "Plaintiffs' Representatives"), is directed to seize and sequester or impound the following in the possession, custody or control of Defendants: All merchandise bearing any copy or counterfeit of Plaintiffs' Registered Trademarks or any markings substantially indistinguishable therefrom, and as further specified and set forth in this Order. It is further ORDERED that a bond to be posted by Plaintiffs in the amount of $1000 is deemed sufficient as security for the payment of such costs and damages as may be incurred or suffered by any party who is subsequently found to be wrongfully enjoined or restrained hereby, or as a result of a wrongful seizure and/or impoundment or wrongfully attempted seizure and/or impoundment, and as further specified and set forth in this Temporary Restraining Order, Seizure Order, Substitute Custodian Order, Expedited Discovery Order, and Order to Show Cause Bringing on Motion for Preliminary Injunction. (Signed by Judge J. Paul Oetken on 3/12/2019) (Attachments: #1 Bond pdf). This document was previously filed under seal in envelope doc. no. 2. (rjm)
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| Filing 35 AFFIDAVIT OF RAYMOND DOWD. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 34 DECLARATION OF KRISTINE E. MARVIN. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 33 DECLARATION OF KRISTINE E. MARVIN. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 32 DECLARATION OF JENNIFER HALTER. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 31 DECLARATION OF GEORGES GEOFFROY. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 30 DECLARATION OF GEORGES GEOFFROY. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 29 DECLARATION OF GEORGES GEOFFROY. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 28 DECLARATION OF GEORGES GEOFFROY. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 27 DECLARATION OF JENNA CURTIS. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 26 DECLARATION OF ELLEN BROOKS. This document was previously filed under seal in env. doc. no. 2. (rjm). |
| Filing 25 DECLARATION OF ROBERTSON D. BECKERLEGGE. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 24 PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR AN EX PARTE TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, AND NOTICE SETTING PRELIMINARY INJUNCTION HEARING. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 23 SUMMONS IN A CIVIL ACTION. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Timberland Company for TBL LICENSING LLC, TIMBERLAND. Document filed by TBL LICENSING LLC, TIMBERLAND. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Polo Ralph Lauren Corporation for PRL USA HOLDINGS, INC. Document filed by PRL USA HOLDINGS, INC. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LVMH Moet Hennessy Louis Vuitton SE, Corporate Parent Christian Dior SE for PARFUMS CHRISTIAN DIOR. Document filed by PARFUMS CHRISTIAN DIOR. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 19 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. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LVMH Moet Hennessy Louis Vuitton SE, Corporate Parent Christian Dior SE for LVMH FRAGRANCE BRANDS. Document filed by LVMH FRAGRANCE BRANDS. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LVMH Moet Hennessy Louis Vuitton SE, Corporate Parent Christian Dior SE for KENZO. Document filed by KENZO. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HERMES INTERNATIONAL. This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LVMH Moet Hennessy Louis Vuitton SE, Corporate Parent Christian Dior SE for GUERLAIN, INC., GUERLAIN, SOCIETE PAR ACTIONS SIMPLIFIEE (SAS). Document filed by GUERLAIN, INC., GUERLAIN, SOCIETE PAR ACTIONS SIMPLIFIEE (SAS). This document was previously filed under seal in env. doc. no. 2. (rjm) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Burberry Group PLC (a U.K. Corporation) for BURBERRY LIMITED. Document filed by BURBERRY LIMITED. This document was previously filed under seal in envelope doc. no. 2. (rjm) |
| Filing 13 CIVIL COVER SHEET filed. This document was previously filed under seal in envelope doc. no. 2. (rjm) |
| Filing 12 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). This document was previously filed under seal in envelope doc. no. 2. (rjm) |
| Filing 11 COMPLAINT against JANE DOES, VARIOUS JOHN DOES, XYZ COMPANIES. Document filed by BURBERRY LIMITED, KENZO, LVMH FRAGRANCE BRANDS, GUERLAIN, SOCIETE PAR ACTIONS SIMPLIFIEE (SAS), MICHAEL KORS, L.L.C., HERMES INTERNATIONAL, PARFUMS CHRISTIAN DIOR, TBL LICENSING LLC, GUERLAIN, INC., PRL USA HOLDINGS, INC., TIMBERLAND. This document was previously filed under seal in envelope doc. no. 2. (rjm) |
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Filing 10
ORDER SEALING THE FILE. It is hereby ORDERED as follows that: Pursuant to 15 U.S.C. 1116(d)(8), pending the hearing of Plaintiffs' motion for preliminary injunction and subject to modification by the judge to whom the case is assigned, the Clerk of this Court is to keep and maintain under seal all papers filed herein, and that public scrutiny of such papers shall not be permitted, subject to defendants' rights to access such papers upon presenting the Clerk of this Court with proper identification. (Signed by Judge Deborah A. Batts on 3/12/2019). This document was previously filed under seal in envelope doc. no. 2. (rjm)
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Filing 3
ORDER All papers under seal this action to date are now unsealed.SO ORDERED. (Signed by Judge J. Paul Oetken on 3/28/19) (rz)
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| Filing 2 SEALED DOCUMENT placed in vault.(mhe) |
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Filing 1
ORDER, Case sealed. (Signed by Judge Deborah A. Batts on 3/12/19) (rz)
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| Magistrate Judge Debra C. Freeman 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. (rz) |
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