OFF-WHITE LLC v. AIR_JORDAN2, et al.
| ABC and OFF-WHITE LLC |
| DEF, CHAMPION_GGSTORE, WOOFSHOP, XIAONIAOYIREN2017, MARRIED1688, FAFA01, FAFA04, SHASHA04, HUANGQIFEN, FORTUNATELY56, DHJC123, WW1012, HERONPRESTON, MAOYEYE, CAIYUNLAI168, YONGSHENG369, Z2206279669, CZ524272, JINZHONGYU, LOVEP, KUANZHAIZIRU, LIJIE12345, MOOSEKNUCKLES, NASA220, BLUEBERRY88, HXY1010, GOODSERVICE0325, SELLERHH, BRAND666, TEBRUN, ALEOBONWAY, FOGBANK2012, NIANNIANRUYI, MEILIHEN, HUABUWAN, FASHION_CLOTHES8, BESTSELLER698, CLOWN02, CHUMENJIANXI, WHATSAPP13633995052, QIUQIU456, YAOLEI006, WESTBROOK00, NAVER, WOBUGUANWOZUIS, MOMO2, QINZHIXUAN02, GUCCI01FENDI, ALIBOER005, FOGBANK, FOZHEWO, GT5201314, CECHEN, LIUSHANG004, QJNMOXUAN1, JACK998, ZHANGSHUANG03, DHSUP, QINMOXUAN2, ZHANGMENG2016, THRASHER188, BOUTIQUE6688, DHGATE_FACTORYOUTLET, HIVE_ZCM, KEXIN276, CLOTHINGTONY, LIFACAI1987, CLOTHESWORLD_86, LGH13268261777, ITWORLD, SHASHA03, GRACE_CLOTHING, XIANGYANHE, DUNHANG07, HUIJIAZHENHAO888, ZHANGSHUANG01, ZHUOSHAOQIU, AIR_JORDAN2, GUCCICLOTHING20000, TOUFALUANLE, WENTONGQIAN, NIUMOWANG5, JORGE007, ANING881, PEISI, GOYOUROWNWAY, FIONAYI, TOPROK, QIANQIAN09168, PARADISES, LH666888999, DH_TOPMALL, DJZHENGMUZHI, AXKAWAS, FUTURE330, WEL51COME, WUXINGLIUHE, DH_WHOLESALEMARKET, HELLOPINK, DUDUPIPI, MIN65739663, POWER_SELLER2018, TIANYAMINGYUE, LIAN522, MINXIAOPO1380007, LONG721, OLINE_SELLER, MUYES, LINXIGU5, SIJIFADACAI, LIFANGGEN, SUPERSTAR_STORES, COMFORTABLE2019, DDSDV8899, LIANGPD89, GRACE_CLOTHING1, BRANDSHIRTS2019, SIHOUZHANG2019, MINGYUE33, NEWPORT22, SNEAKERSTORE201920, YANXIAOCONG01, ZWFS5555, BLUEMOON66, SHASHA012, M1193503412, TOPS_STORES, NIUMOWANG3, GUANGZHOUHONGFU3, SHASHA011, SIHOUZHANGWZUIS and PALMANGELS |
| 1:2019cv08530 |
| September 13, 2019 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| CASHIERS OFFICE REGISTRY DISBURSEMENT as per #35 Default Judgment,,,,,,, dated 9/3/2020, from Judge Victor Marrero, on 10/9/2020 disbursed to pay Epstein Drangel LLP $5,000.00 Check No. 18201114 dated 10/9/2020.(cla) |
Filing 35
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: Judgment is granted in favor of Plaintiff on all claims properly plead against Defaulting Defendants in the Complaint; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve both the compensatory and punitive purposes of the Lanham Acts prohibitions on willful infringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages award requested in its Motion for Default Judgment, the Court finds such an award to be reasonable and Plaintiff is awarded One Hundred Thousand U.S. Dollars ($100,000.00). (Defaulting Defendants Individual Damages Award) in statutory damages against each of the Defaulting Defendants (One Hundred Seventeen (117) Defaulting Defendants), pursuant to Section 15 U.S.C. 1117(c) of the Langham Act for a total of Eleven Million Seven Hundred Thousand U.S. Dollars ($11,700,000.00), plus post-judgment interest.IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendant, its respective officers, agents, servants, employees, successors and assigns and all persons acting in concert with or under the direction of Defaulting Defendants (regardless of whether located in the United States or abroad), who receive actual notice of this Order are permanently enjoined and restrained as set forth in this Judgment. 6) The Court releases the Five Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff submitted in connection with this action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, Suite 2520, New York, NY 10165; and This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order. So Ordered (Signed by Judge Victor Marrero on 9/3/2020) (js) Modified on 9/3/2020 (js).
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| Filing 34 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by OFF-WHITE LLC..(Scully, Brieanne) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 33 MEMORANDUM OF LAW in Support re: #31 MOTION for Default Judgment as to Defaulting Defendants. . Document filed by OFF-WHITE LLC..(Scully, Brieanne) |
| Filing 32 AFFIDAVIT of Brieanne Scully in Support re: #31 MOTION for Default Judgment as to Defaulting Defendants.. Document filed by OFF-WHITE LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Scully, Brieanne) |
| Filing 31 MOTION for Default Judgment as to Defaulting Defendants. Document filed by OFF-WHITE LLC..(Scully, Brieanne) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #34 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Filing 30 CLERK'S CERTIFICATE OF DEFAULT as to Air jordan2, aleobonway, aliboer005, Aning88 l, axkawas, Bestseller698, blueberry88, Bluemoon66, boutique6688, brandshirts2019, caiyunlai 168, cechen, champion_ggstore, chumenjianxi, clothesworld_86, clown02, Comfortable2019, Cz524272, ddsdv8899, dhgate factoryoutlet, dh jc 123, Dhsup, dh topmall, dh who lesalemarket, Dj zhengmuzhi, dudupipi, dunhang07, fafa0I, fafa04, fashion_clothes8, ftonayi, fortunately56, future330, goodservice0325, goyourownway, grace_clothing, grace_clothingl, gt5201314, gucci0 1 fendi, Gucciclothing20000, hellopink, heronpreston, Hive_ zcm, huabuwan, huangqi fen, itworld, j inzhongyu, j orge007, kexin2 7 6, kuanzhaiziru, Lgh 13268261 777, lh666888999, lian522, liangpd89, lifanggen, linxigu5, liushang004, long72l, lovep, m 1193503412, maoyeye, married 1688, meilihen, min65739663, mingyue33, minxiaopo 1380007, momo2, muyes, nasa220, naver, newport22, niannianruyi, niumowang3, niumowang5, oline_seller, paradises, peisi, power_seller2018, qianqian09168, qinmoxuanl, qinmoxuan2, qinzhixuan02, Qiuqiu456, sellerhh, shasha01l, shasha012,shasha03, shasha04, sihouzhang2019, sihouzhangwzuis, sijifadacai, sneakerstore201920, superstar _stores, tebrun, thrasher 188, tianyamingyue, toprok, tops stores, toufaluanle, wel5 lcome, wentongqian, westbrook00, whatsapp 13633995052, wobuguanwozuis, Woof shop, wuxingliuhe, ww 1012, xiangyanhe, xiaoniaoyiren2017, yanxiaocong0 1, yaolei006, yongsheng369, z2206279669, zhangmeng20 I 6, zhangshuang0 1, zhangshuang03 and Zhuoshaoqiu..(km) |
| Filing 29 DECLARATION of Brieanne Scully in Support re: #28 Proposed Clerk's Certificate of Default. Document filed by OFF-WHITE LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Scully, Brieanne) |
| Filing 28 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by OFF-WHITE LLC..(Scully, Brieanne) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
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Filing 27
NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Off-White, LLC ("Off-White" or "Plaintiff"), by their undersigned attorneys, hereby give notice of dismissal of all claims against Defendants fozhewo and Zwfs5555 in the above captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. So Ordered. *** Party FOZHEWO and ZWFS5555 terminated. (Signed by Judge Victor Marrero on 3/31/2020) (js) Modified on 3/31/2020 (js).
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| Filing 26 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, with prejudice and without costs against the defendant(s) FOZHEWO, ZWFS5555. Document filed by OFF-WHITE LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Scully, Brieanne) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #26 Notice of Voluntary Dismissal was reviewed and referred to Judge Victor Marrero for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
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Filing 25
NOTICE OF VOLUNTARY DISMISSAL. PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Off-White, LLC ("Off-White or Plaintiff"), by their undersigned attorneys, hereby give notice of dismissal of all claims against Defendants brand666, guangzhouhongfu3, jack998 and lijie12345 in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED. JACK998, LIJIE12345, BRAND666 and GUANGZHOUHONGFU3 terminated. (Signed by Judge Victor Marrero on 3/20/2020) (rjm)
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| Filing 24 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, with prejudice and without costs against the defendant(s) BRAND666, GUANGZHOUHONGFU3, JACK998, LIJIE12345. Document filed by OFF-WHITE LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Scully, Brieanne) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #24 Notice of Voluntary Dismissal was reviewed and referred to Judge Victor Marrero for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
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Filing 23
NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Off-White, LLC ("Off-White" or "Plaintiff"), by their undersigned attorneys, hereby give notice of dismissal of all claims against Defendants clothingtony and fogbank and fogbank2012 and hxy 1010 and lifacai 1987 and mooseknuckles and palmangels in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. It is so ORDERED. FOGBANK2012, HXY1010, LIFACAI1987, MOOSEKNUCKLES, PALMANGELS, CLOTHINGTONY and FOGBANK terminated. (Signed by Judge Victor Marrero on 3/12/2020) (jca)
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| Filing 22 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, with prejudice and without costs against the defendant(s) CLOTHINGTONY, FOGBANK, FOGBANK2012, HXY1010, LIFACAI1987, MOOSEKNUCKLES, PALMANGELS. Document filed by OFF-WHITE LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Scully, Brieanne) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #22 Notice of Voluntary Dismissal was reviewed and referred to Judge Victor Marrero for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| ***DELETED DOCUMENT. Deleted document number 21 NOTICE OF VOLUNTARY DISMISSAL. The document was incorrectly filed in this case. (ldi) |
| Filing 20 NOTICE OF VOLUNTARY DISMISSAL: PURSUANT TO Rule 4l(a)(l)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Off-White, LLC ("Off-White" or "Plaintiff"), by their undersigned attorneys, hereby give notice of dismissal of all claims against Defendant huijiazhenhao888 in the above-captioned action, with prejudice, and with each party to bear its own attorneys' fees, costs and expenses. *** Party HUIJIAZHENHAO888 terminated. (Signed by Judge Victor Marrero on 12/4/2019) (js) Modified on 12/4/2019 (js). |
| Filing 19 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, with prejudice and without costs against the defendant(s) HUIJIAZHENHAO888. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #19 Notice of Voluntary Dismissal was reviewed and referred to Judge Victor Marrero for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
| Filing 18 CERTIFICATE OF SERVICE. Document filed by OFF-WHITE LLC. (Scully, Brieanne) |
| Filing 17 CERTIFICATE OF SERVICE. AIR_JORDAN2 served on 9/23/2019, answer due 10/15/2019; ALEOBONWAY served on 9/23/2019, answer due 10/15/2019; ALIBOER005 served on 9/23/2019, answer due 10/15/2019; ANING881 served on 9/23/2019, answer due 10/15/2019; AXKAWAS served on 9/23/2019, answer due 10/15/2019; BESTSELLER698 served on 9/23/2019, answer due 10/15/2019; BLUEBERRY88 served on 9/23/2019, answer due 10/15/2019; BLUEMOON66 served on 9/23/2019, answer due 10/15/2019; BOUTIQUE6688 served on 9/23/2019, answer due 10/15/2019; BRAND666 served on 9/23/2019, answer due 10/15/2019; BRANDSHIRTS2019 served on 9/23/2019, answer due 10/15/2019; CAIYUNLAI168 served on 9/23/2019, answer due 10/15/2019; CECHEN served on 9/23/2019, answer due 10/15/2019; CHAMPION_GGSTORE served on 9/23/2019, answer due 10/15/2019; CHUMENJIANXI served on 9/23/2019, answer due 10/15/2019; CLOTHESWORLD_86 served on 9/23/2019, answer due 10/15/2019; CLOTHINGTONY served on 9/23/2019, answer due 10/15/2019; CLOWN02 served on 9/23/2019, answer due 10/15/2019; COMFORTABLE2019 served on 9/23/2019, answer due 10/15/2019; CZ524272 served on 9/23/2019, answer due 10/15/2019; DDSDV8899 served on 9/23/2019, answer due 10/15/2019; DHGATE_FACTORYOUTLET served on 9/23/2019, answer due 10/15/2019; DHJC123 served on 9/23/2019, answer due 10/15/2019; DHSUP served on 9/23/2019, answer due 10/15/2019; DH_TOPMALL served on 9/23/2019, answer due 10/15/2019; DH_WHOLESALEMARKET served on 9/23/2019, answer due 10/15/2019; DJZHENGMUZHI served on 9/23/2019, answer due 10/15/2019; DUDUPIPI served on 9/23/2019, answer due 10/15/2019; DUNHANG07 served on 9/24/2019, answer due 10/15/2019; FAFA01 served on 9/23/2019, answer due 10/15/2019; FAFA04 served on 9/23/2019, answer due 10/15/2019; FASHION_CLOTHES8 served on 9/23/2019, answer due 10/15/2019; FIONAYI served on 9/23/2019, answer due 10/15/2019; FOGBANK served on 9/23/2019, answer due 10/15/2019; FOGBANK2012 served on 9/23/2019, answer due 10/15/2019; FORTUNATELY56 served on 9/23/2019, answer due 10/15/2019; FOZHEWO served on 9/23/2019, answer due 10/15/2019; FUTURE330 served on 9/23/2019, answer due 10/15/2019; GOODSERVICE0325 served on 9/24/2019, answer due 10/15/2019; GOYOUROWNWAY served on 9/23/2019, answer due 10/15/2019; GRACE_CLOTHING served on 9/23/2019, answer due 10/15/2019; GRACE_CLOTHING1 served on 9/23/2019, answer due 10/15/2019; GT5201314 served on 9/23/2019, answer due 10/15/2019; GUANGZHOUHONGFU3 served on 9/23/2019, answer due 10/15/2019; GUCCI01FENDI served on 9/23/2019, answer due 10/15/2019; GUCCICLOTHING20000 served on 9/23/2019, answer due 10/15/2019; HELLOPINK served on 9/23/2019, answer due 10/15/2019; HERONPRESTON served on 9/23/2019, answer due 10/15/2019; HIVE_ZCM served on 9/23/2019, answer due 10/15/2019; HUABUWAN served on 9/23/2019, answer due 10/15/2019; HUANGQIFEN served on 9/23/2019, answer due 10/15/2019; HUIJIAZHENHAO888 served on 9/23/2019, answer due 10/15/2019; HXY1010 served on 9/23/2019, answer due 10/15/2019; ITWORLD served on 9/23/2019, answer due 10/15/2019; JACK998 served on 9/23/2019, answer due 10/15/2019; JINZHONGYU served on 9/23/2019, answer due 10/15/2019; JORGE007 served on 9/23/2019, answer due 10/15/2019; KEXIN276 served on 9/23/2019, answer due 10/15/2019; KUANZHAIZIRU served on 9/24/2019, answer due 10/15/2019; LGH13268261777 served on 9/23/2019, answer due 10/15/2019; LH666888999 served on 9/23/2019, answer due 10/15/2019; LIAN522 served on 9/23/2019, answer due 10/15/2019; LIANGPD89 served on 9/23/2019, answer due 10/15/2019; LIFACAI1987 served on 9/23/2019, answer due 10/15/2019; LIFANGGEN served on 9/23/2019, answer due 10/15/2019; LIJIE12345 served on 9/23/2019, answer due 10/15/2019; LINXIGU5 served on 9/23/2019, answer due 10/15/2019; LIUSHANG004 served on 9/23/2019, answer due 10/15/2019; LONG721 served on 9/23/2019, answer due 10/15/2019; LOVEP served on 9/23/2019, answer due 10/15/2019; M1193503412 served on 9/23/2019, answer due 10/15/2019; MAOYEYE served on 9/23/2019, answer due 10/15/2019; MARRIED1688 served on 9/23/2019, answer due 10/15/2019; MEILIHEN served on 9/23/2019, answer due 10/15/2019; MIN65739663 served on 9/23/2019, answer due 10/15/2019; MINGYUE33 served on 9/23/2019, answer due 10/15/2019; MINXIAOPO1380007 served on 9/23/2019, answer due 10/15/2019; MOMO2 served on 9/23/2019, answer due 10/15/2019; MOOSEKNUCKLES served on 9/23/2019, answer due 10/15/2019; MUYES served on 9/23/2019, answer due 10/15/2019; NASA220 served on 9/23/2019, answer due 10/15/2019; NAVER served on 9/23/2019, answer due 10/15/2019; NEWPORT22 served on 9/23/2019, answer due 10/15/2019; NIANNIANRUYI served on 9/24/2019, answer due 10/15/2019; NIUMOWANG3 served on 9/23/2019, answer due 10/15/2019; NIUMOWANG5 served on 9/23/2019, answer due 10/15/2019; OLINE_SELLER served on 9/23/2019, answer due 10/15/2019; PALMANGELS served on 9/23/2019, answer due 10/15/2019; PARADISES served on 9/23/2019, answer due 10/15/2019; PEISI served on 9/23/2019, answer due 10/15/2019; POWER_SELLER2018 served on 9/23/2019, answer due 10/15/2019; QIANQIAN09168 served on 9/23/2019, answer due 10/15/2019; QINMOXUAN2 served on 9/23/2019, answer due 10/15/2019; QINZHIXUAN02 served on 9/23/2019, answer due 10/15/2019; QIUQIU456 served on 9/23/2019, answer due 10/15/2019; QJNMOXUAN1 served on 9/23/2019, answer due 10/15/2019; SELLERHH served on 9/23/2019, answer due 10/15/2019; SHASHA011 served on 9/24/2019, answer due 10/15/2019; SHASHA012 served on 9/23/2019, answer due 10/15/2019; SHASHA03 served on 9/23/2019, answer due 10/15/2019; SHASHA04 served on 9/23/2019, answer due 10/15/2019; SIHOUZHANG2019 served on 9/23/2019, answer due 10/15/2019; SIHOUZHANGWZUIS served on 9/23/2019, answer due 10/15/2019; SIJIFADACAI served on 9/23/2019, answer due 10/15/2019; SNEAKERSTORE201920 served on 9/23/2019, answer due 10/15/2019; SUPERSTAR_STORES served on 9/23/2019, answer due 10/15/2019; TEBRUN served on 9/23/2019, answer due 10/15/2019; THRASHER188 served on 9/23/2019, answer due 10/15/2019; TIANYAMINGYUE served on 9/23/2019, answer due 10/15/2019; TOPROK served on 9/23/2019, answer due 10/15/2019; TOPS_STORES served on 9/23/2019, answer due 10/15/2019; TOUFALUANLE served on 9/23/2019, answer due 10/15/2019; WEL51COME served on 9/23/2019, answer due 10/15/2019; WENTONGQIAN served on 9/23/2019, answer due 10/15/2019; WESTBROOK00 served on 9/24/2019, answer due 10/15/2019; WHATSAPP13633995052 served on 9/23/2019, answer due 10/15/2019; WOBUGUANWOZUIS served on 9/23/2019, answer due 10/15/2019; WOOFSHOP served on 9/23/2019, answer due 10/15/2019; WUXINGLIUHE served on 9/23/2019, answer due 10/15/2019; WW1012 served on 9/23/2019, answer due 10/15/2019; XIANGYANHE served on 9/24/2019, answer due 10/15/2019; XIAONIAOYIREN2017 served on 9/23/2019, answer due 10/15/2019; YANXIAOCONG01 served on 9/23/2019, answer due 10/15/2019; YAOLEI006 served on 9/23/2019, answer due 10/15/2019; YONGSHENG369 served on 9/23/2019, answer due 10/15/2019; Z2206279669 served on 9/23/2019, answer due 10/15/2019; ZHANGMENG2016 served on 9/23/2019, answer due 10/15/2019; ZHANGSHUANG01 served on 9/23/2019, answer due 10/15/2019; ZHANGSHUANG03 served on 9/23/2019, answer due 10/15/2019; ZHUOSHAOQIU served on 9/23/2019, answer due 10/15/2019; ZWFS5555 served on 9/23/2019, answer due 10/15/2019. Document filed by OFF-WHITE LLC. (Scully, Brieanne) |
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Filing 16
1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 3) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED as follows: IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the hearing and determination of Plaintiff's Application for a preliminary injunction as referenced in Paragraph (II)(A) below: 1) manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products, or any other products bearing the Off-White Marks, and as further specified herein regarding Temporary Restraining Order. Defendants are hereby ORDERED to show cause before this Court in Courtroom 15B of the United States District Court for the Southern District of New York at 500 Pearl Street/40 Foley Square, New York, New York on September 27, 2019 at 4:15 p.m. or at such other time that this Court deems appropriate, why a preliminary injunction, pursuant to Fed. R. Civ. P. 65(a), should not issue, and as further set forth herein regarding Order to Show Cause Why A Preliminary InjunctionShould Not Issue And Order Of Notice. IT IS FURTHER ORDERED pursuant to Fed. R. Civ. P. 64 and 65 and N.Y. C.P.L.R. 6201 and this Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, as sufficient cause has been shown, that within five (5) days of receipt of service of this Order, and as further specified herein regarding Asset Restraining Order. IT IS FURTHER ORDERED pursuant to Fed. R. Civ. P. 4(f)(3), as sufficient cause has been shown, that service may be made on, and shall be deemed effective as to Defendants if it is completed by the following means: 1) delivery of: (i) PDF copies of this Order together with the Summons and Complaint, and as further specified herein regarding Order Authorizing Bifurcated and Alternative Service by Electronic Means. IT IS FURTHER ORDERED, as sufficient cause has been shown, that: Within fourteen (14) days after receiving service of this Order, each Defendant shall serve upon Plaintiff's counsel a written report under oath providing: a. their true name and physical address, and as further set forth herein regarding Order Authorizing Expedited Discovery. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of Five Thousand Dollars ($5,000.00) with the Court which amount is determined adequate for the payment of any damages any person may be entitled to recover as a result of an improper or wrongful restraint ordered hereunder. IT IS FURTHER ORDERED that Plaintiff's Complaint and exhibits attached thereto, and Plaintiff's ex parte Application and the Declarations of Jessica Arnaiz, Virgil Abloh and Brieanne Scully in support thereof and exhibits attached thereto and this Order shall remain sealed until the Financial Institutions and Third Party Service Providers comply with Paragraphs I(B)-(C), III(A) and V(C) of this Order. So ordered. (Signed by Judge Victor Marrero on 9/13/2019). (rjm) Transmission to Finance Unit (Cashiers) for processing. This document was previously filed under seal in envelope document no. 3
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| Filing 15 [PROPOSED] 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 3) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. This document was previously filed under seal in envelope document no. 2. (rjm) |
| Filing 14 DECLARATION OF VIRGIL ABLOH AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. This document was previously filed under seal in envelope document no. 2. (rjm) |
| Filing 13 DECLARATION OF BRIEANNE SCULLY AND ACCOMPANYING EXHIBIT IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. This document was previously filed under seal in envelope document no. 2. (rjm) |
| Filing 12 DECLARATION OF JESSICA ARNAIZ AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. This document was previously filed under seal in envelope document no. 2. (rjm) |
| Filing 11 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR 1) A TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY. This document was previously filed under seal in envelope document no. 2. (rjm) |
| Filing 10 SUMMONS IN A CIVIL ACTION. This document was previously filed under seal in envelope document no. 2. (rjm) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by OFF-WHITE LLC. This document was previously filed under seal in envelope document no. 2. (rjm) |
| Filing 8 CIVIL COVER SHEET filed. This document was previously filed under seal in envelope document no. 2. (rjm) |
| Filing 7 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 document no. 2. (rjm) |
| Filing 6 COMPLAINT against AIR_JORDAN2, ALEOBONWAY, ALIBOER005, ANING881, AXKAWAS, BESTSELLER698, BLUEBERRY88, BLUEMOON66, BOUTIQUE6688, BRAND666, BRANDSHIRTS2019, CAIYUNLAI168, CECHEN, CHAMPION_GGSTORE, CHUMENJIANXI, CLOTHESWORLD_86, CLOTHINGTONY, CLOWN02, COMFORTABLE2019, CZ524272, DDSDV8899, DHGATE_FACTORYOUTLET, DHJC123, DHSUP, DH_TOPMALL, DH_WHOLESALEMARKET, DJZHENGMUZHI, DUDUPIPI, DUNHANG07, FAFA01, FAFA04, FASHION_CLOTHES8, FIONAYI, FOGBANK, FOGBANK2012, FORTUNATELY56, FOZHEWO, FUTURE330, GOODSERVICE0325, GOYOUROWNWAY, GRACE_CLOTHING, GRACE_CLOTHING1, GT5201314, GUANGZHOUHONGFU3, GUCCI01FENDI, GUCCICLOTHING20000, HELLOPINK, HERONPRESTON, HIVE_ZCM, HUABUWAN, HUANGQIFEN, HUIJIAZHENHAO888, HXY1010, ITWORLD, JACK998, JINZHONGYU, JORGE007, KEXIN276, KUANZHAIZIRU, LGH13268261777, LH666888999, LIAN522, LIANGPD89, LIFACAI1987, LIFANGGEN, LIJIE12345, LINXIGU5, LIUSHANG004, LONG721, LOVEP, M1193503412, MAOYEYE, MARRIED1688, MEILIHEN, MIN65739663, MINGYUE33, MINXIAOPO1380007, MOMO2, MOOSEKNUCKLES, MUYES, NASA220, NAVER, NEWPORT22, NIANNIANRUYI, NIUMOWANG3, NIUMOWANG5, OLINE_SELLER, PALMANGELS, PARADISES, PEISI, POWER_SELLER2018, QIANQIAN09168, QINMOXUAN2, QINZHIXUAN02, QIUQIU456, QJNMOXUAN1, SELLERHH, SHASHA011, SHASHA012, SHASHA03, SHASHA04, SIHOUZHANG2019, SIHOUZHANGWZUIS, SIJIFADACAI, SNEAKERSTORE201920, SUPERSTAR_STORES, TEBRUN, THRASHER188, TIANYAMINGYUE, TOPROK, TOPS_STORES, TOUFALUANLE, WEL51COME, WENTONGQIAN, WESTBROOK00, WHATSAPP13633995052, WOBUGUANWOZUIS, WOOFSHOP, WUXINGLIUHE, WW1012, XIANGYANHE, XIAONIAOYIREN2017, YANXIAOCONG01, YAOLEI006, YONGSHENG369, Z2206279669, ZHANGMENG2016, ZHANGSHUANG01, ZHANGSHUANG03, ZHUOSHAOQIU, ZWFS5555. Document filed by OFF-WHITE LLC. (Attachments: #1 C1, #2 C2, #3 C3, #4 C4, #5 C5, #6 C6, #7 C7, #8 C8, #9 C9, #10 C10, #11 C11). This document was previously filed under seal in envelope document no. 2. (rjm) |
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Filing 5
PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. a) Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court; as further set forth herein. Defendants are hereby given notice that they may be deemed to have actual notice of the terms of this Order and any act by them or anyone of them in violation of this Order may be considered and prosecuted as in contempt of this Court. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. This Order shall remain in effect during the pendency of this action, or until further order of the Court. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by the Court. (Signed by Judge Victor Marrero on 9/27/2019) (mro) Transmission to Finance Unit (Cashiers) for processing.
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Filing 4
ORDER WHEREAS the Court orders that this Action be unsealed and Records Management upload all documents filed to date on the Electronic Case Filing system.SO ORDERED. (Signed by Judge Victor Marrero on 9/27/19) (rz)
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| Minute Entry for proceedings held before Judge Victor Marrero: Show Cause Hearing held on 9/27/2019. Attorneys Danielle Yamali and Brieanne Scully present on behalf of plaintiff Off-White LLC. No appearances by any defendants. Court Reporter present. (ab) |
| Filing 3 SEALED DOCUMENT placed in vault.(rz) |
| Filing 2 SEALED DOCUMENT placed in vault.(rz) |
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Filing 1
ORDER, Case sealed. (Signed by Judge Paul A. Crotty on 9/13/19) (rz)
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| Magistrate Judge Robert W. Lehrburger 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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