OFF-WHITE LLC v. 2019CHEAPJORDAN.COM, et al.
| ABC and OFF-WHITE LLC |
| DEF, HAPPINESSOUTLET.STORE, THETOPSNEAKER.COM, UKNASHOP.COM, SNEAKERSDISTRICT.NET, WHITEYEEZYS.RU, NBSNEAKERS.RU, BUYFEEZYS.COM, MAXSHOESSHOP.COM, YEEZYGO.COM, CHEAPSHOXCLEARANCE.COM, AMFREESHOP.COM, BUYPOPSNEAKER.COM, AIRFORCE1WOMENS.COM, OFFWHITE.US.ORG, NEWJORDANS2015.0RG, SPIRIT95STATION.COM, WHOLESALESHOESSHOP.COM, JORDANMASTER.COM, HOOPJORDAN.NET, OFFWHITESHOES.US, SNEAKERSHOEBOX.RU, NIKECRAZE.COM, KICKSCRAZE.COM, 2019CHEAPJORDAN.COM, OW-FACTORY.RU and ANPKICK.COM |
| 1:2019cv08531 |
| September 13, 2019 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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Filing 19
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 amfreeshop.com in, the above-captioned action, without prejudice, and with each party to bear its own attorneys,' fees, costs and expenses. So Ordered. *** Party AMFREESHOP.COM terminated. (Signed by Judge Victor Marrero on 10/8/2019) (js) Modified on 10/9/2019 (js).
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| Filing 18 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 and without costs against the defendant(s) AMFREESHOP.COM. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Scully, Brieanne) |
| Filing 17 CERTIFICATE OF SERVICE. Document filed by OFF-WHITE LLC. (Scully, Brieanne) |
| Filing 16 CERTIFICATE OF SERVICE. 2019CHEAPJORDAN.COM served on 9/24/2019, answer due 10/15/2019; AIRFORCE1WOMENS.COM served on 9/24/2019, answer due 10/15/2019; ANPKICK.COM served on 9/24/2019, answer due 10/15/2019; BUYFEEZYS.COM served on 9/24/2019, answer due 10/15/2019; BUYPOPSNEAKER.COM served on 9/24/2019, answer due 10/15/2019; CHEAPSHOXCLEARANCE.COM served on 9/24/2019, answer due 10/15/2019; HAPPINESSOUTLET.STORE served on 9/24/2019, answer due 10/15/2019; HOOPJORDAN.NET served on 9/24/2019, answer due 10/15/2019; JORDANMASTER.COM served on 9/24/2019, answer due 10/15/2019; KICKSCRAZE.COM served on 9/24/2019, answer due 10/15/2019; MAXSHOESSHOP.COM served on 9/24/2019, answer due 10/15/2019; NBSNEAKERS.RU served on 9/24/2019, answer due 10/15/2019; NEWJORDANS2015.0RG served on 9/24/2019, answer due 10/15/2019; NIKECRAZE.COM served on 9/24/2019, answer due 10/15/2019; OFFWHITE.US.ORG served on 9/24/2019, answer due 10/15/2019; OFFWHITESHOES.US served on 9/24/2019, answer due 10/15/2019; OW-FACTORY.RU served on 9/24/2019, answer due 10/15/2019; SNEAKERSDISTRICT.NET served on 9/24/2019, answer due 10/15/2019; SNEAKERSHOEBOX.RU served on 9/24/2019, answer due 10/15/2019; SPIRIT95STATION.COM served on 9/24/2019, answer due 10/15/2019; THETOPSNEAKER.COM served on 9/24/2019, answer due 10/15/2019; UKNASHOP.COM served on 9/24/2019, answer due 10/15/2019; WHITEYEEZYS.RU served on 9/24/2019, answer due 10/15/2019; WHOLESALESHOESSHOP.COM served on 9/24/2019, answer due 10/15/2019; YEEZYGO.COM served on 9/24/2019, answer due 10/15/2019. Document filed by OFF-WHITE LLC. (Scully, Brieanne) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #18 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. (ad) |
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Filing 15
1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS AND DEFENDANTS' INFRINGING WEBSITES; 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 (the "Order"): 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) using the Off-White Marks, or spurious designations that are identical to, substantially indistinguishable from, or confusingly similar to, the Off-White Marks, on or in connection with Defendants' Infringing Websites, Defendants' Services and the manufacture, importation, exportation, advertisement, marketing, promotion, offering for sale, and/or sale of products not authorized by Plaintiff, including Counterfeit Products, 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 4:30 p.m. or at such other time that this Court deems appropriate, why a preliminary injunction, pursuant to FRCP 65(a), should not issue, and as further specified herein regarding Order to Show Cause Why A Preliminary Injunction Should Not Issue And Order Of Notice. IT IS FURTHER ORDERED pursuant to FRCP 64 and 65, CPLR 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, the Financial Institutions shall locate and attach Defendants' Financial Accounts and shall provide written confirmation of such attachment to Plaintiff's counsel. IT IS FURTHER ORDERED pursuant to FRCP 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: delivery of: (i) PDF copies of this Order together with the Summons and Complaint, and as further specified herein regarding Order Authorizing 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. its true name and physical address, and as further specified 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 Abloh Dec. and Yamali Dec. in support thereof, and the exhibits attached thereto, and this Order shall remain sealed until the Financial Institutions and Third Party Service Providers comply with Paragraphs I(B)-(C) and III(A) 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 doc. no. 3.
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| Filing 14 DECLARATION OF VIRGIL ABLOH AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR: 1) A TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS AND DEFENDANTS' INFRINGING WEBSITES; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY. This document was previously filed under seal in envelope doc. no. 2. (rjm) |
| Filing 13 DECLARATION OF DANIELLE S. YAMALI AND ACCOMPANYING EXHIBITS IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) A TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS AND DEFENDANTS' INFRINGING WEBSITES; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY. This document was previously filed under seal in envelope doc. no. 2. (rjm) |
| Filing 12 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR: 1) A TEMPORARY RESTRAINING ORDER; 2) AN ORDER RESTRAINING DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS AND DEFENDANTS' INFRINGING WEBSITES; 3) AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) AN ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND 5) AN ORDER AUTHORIZING EXPEDITED DISCOVERY. This document was previously filed under seal in envelope doc. no. 2. (rjm) |
| Filing 11 [PROPOSED] 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS AND DEFENDANTS' INFRINGING WEBSITES; 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 doc. no. 2. (rjm) |
| Filing 10 SUMMONS IN A CIVIL ACTION. This document was previously filed under seal in envelope doc. 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 doc. no. 2. (rjm) |
| Filing 8 CIVIL COVER SHEET filed. This document was previously filed under seal in envelope doc. 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 doc. no. 2. (rjm) |
| Filing 6 COMPLAINT against 2019CHEAPJORDAN.COM, AIRFORCE1WOMENS.COM, AMFREESHOP.COM, ANPKICK.COM, BUYFEEZYS.COM, BUYPOPSNEAKER.COM, CHEAPSHOXCLEARANCE.COM, HAPPINESSOUTLET.STORE, HOOPJORDAN.NET, JORDANMASTER.COM, KICKSCRAZE.COM, MAXSHOESSHOP.COM, NBSNEAKERS.RU, NEWJORDANS2015.0RG, NIKECRAZE.COM, OFFWHITE.US.ORG, OFFWHITESHOES.US, OW-FACTORY.RU, SNEAKERSDISTRICT.NET, SNEAKERSHOEBOX.RU, SPIRIT95STATION.COM, THETOPSNEAKER.COM, UKNASHOP.COM, WHITEYEEZYS.RU, WHOLESALESHOESSHOP.COM, YEEZYGO.COM. Document filed by OFF-WHITE LLC. (Attachments: #1 C1, #2 C2). This document was previously filed under seal in envelope doc. 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)
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| Transmission to Finance Unit (Cashiers). Transmitted re: #5 Preliminary Injunction, to the Finance Unit (Cashiers) for case processing. (mro) |
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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 Kevin Nathaniel Fox 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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