Burberry Limited et al. v. Various John Does et al.
| PRL USA Holdings, Inc., Timberland, Gianni Versace, S.r.l., Burberry Limited, Michael Kors, L.L.C., ABC, Louis Vuitton Malletier, Hermes International and The North Face Apparel Corp. |
| XYZ Companies, Jane Does, DEF and Various John Does |
| 1:2019cv10739 |
| November 20, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Denise L Cote |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
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This docket was last retrieved on March 13, 2020. A more recent docket listing may be available from PACER.
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Filing 44
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Federal Rule of Civil Procedure 4l(a)(l)(A)(i), Plaintiffs, by and through their undersigned counsel, hereby dismiss without prejudice Defendants Various John Does, Jane Does, and XYZ Companies located at all of the addresses identified in Plaintiffs' Amended Complaint from the above-captioned action. This Notice resolves the above-captioned action in its entirety. SO ORDERED. (Signed by Judge Denise L. Cote on 3/13/2020) (jca)
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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 3/13/2020 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) Jane Does, Various John Does, XYZ Companies. Document filed by Timberland, The North Face Apparel Corp., Michael Kors, L.L.C., Burberry Limited, PRL USA Holdings, Inc., Hermes International, Gianni Versace, S.r.l., Louis Vuitton Malletier. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Wallace, Kevin) |
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Filing 41
ORDER: As set forth on the record at the January 3, 2020 preliminary injunction hearing, the following schedule shall govern the further conduct of pretrial proceedings in this case: (1) All fact discovery must be completed by March 27, 2020. (2) Counsel for the plaintiffs shall submit a status letter with a proposed schedule on April 17, 2020. (Signed by Judge Denise L. Cote on 1/3/2020) (gr)
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| Filing 40 AFFIDAVIT OF SERVICE of Preliminary Injunction Order dated December 6, 2019 served on Defendant John Doe at 265 West 37th Street, Room 7D, New York, NY, 10018 on December 10, 2019. Service was made by Mail. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., PRL USA Holdings, Inc., The North Face Apparel Corp., Timberland. (Wallace, Kevin) |
| Filing 39 AFFIDAVIT OF SERVICE of Preliminary Injunction Order dated December 6, 2019 served on Defendant John Doe at 265 West 37th Street, 8th Floor, Room 804, New York, NY, 10018 on December 10, 2019. Service was made by Mail. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., PRL USA Holdings, Inc., The North Face Apparel Corp., Timberland. (Wallace, Kevin) |
| Filing 38 CERTIFICATE OF SERVICE of Summons and Complaint, Temporary Restraining Order, Seizure Order, Substitute Custodian Order, Expedited Discovery Order, and Order to Show Cause Bringing on Motion for Preliminary Injunction and All Supporting Documents served on Various John Does, Jane Does, and XYZ Companies on December 13, 2019. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., PRL USA Holdings, Inc., The North Face Apparel Corp., Timberland. (Wallace, Kevin) |
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Filing 37
PRELIMINARY INJUNCTION ORDER (Signed by Judge Denise L. Cote on 1/3/2020) (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Preliminary Injunction and Show Cause Hearing held on 1/3/2020. (Court Reporter Eve Giniger) (gr) |
| Filing 36 CERTIFICATE OF SERVICE of Summons and Complaint, Temporary Restraining Order, Seizure Order, Substitute Custodian Order, Expedited Discovery Order, and Order to Show Cause Bringing on Motion for Preliminary Injunction, and All Supporting Documents served on Various John Does, Jane Does, and XYZ Companies on November 22, 2019. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., PRL USA Holdings, Inc., The North Face Apparel Corp., Timberland. (Wallace, Kevin) |
| Filing 35 CERTIFICATE OF SERVICE of Summons and Complaint, Temporary Restraining Order, Seizure Order, Substitute Custodian Order, Expedited Discovery Order, and Order to Show Cause Bringing on Motion for Preliminary Injunction, and All Supporting Documents served on Various John Does, Jane Does, and XYZ Companies on November 22, 2019. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., PRL USA Holdings, Inc., The North Face Apparel Corp., Timberland. (Wallace, Kevin) |
| Filing 34 CERTIFICATE OF SERVICE of Summons and Complaint, Temporary Restraining Order, Seizure Order, Substitute Custodian Order, Expedited Discovery Order, and Order to Show Cause Bringing on Motion for Preliminary Injunction, and All Supporting Documents served on Various John Does, Jane Does, and XYZ Companies on November 22, 2019. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., PRL USA Holdings, Inc., The North Face Apparel Corp., Timberland. (Wallace, Kevin) |
| Filing 31 SEALED DOCUMENT placed in vault.(mhe) |
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Filing 33
TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION: ORDERED that Defendants show cause before this Court at Courtroom 1813 United States District Courthouse, 40 Foley Square, New York, New York, on the 6th day of December at 11:00 a.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: 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 further set forth in this Order. 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 conceit 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 fo1th 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, theCity ofNew York, Office of the Sheriff, 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 ORDERED that a bond to be posted by Plaintiffs in the amount of $5,000.00 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 it is further ORDERED that personal service of the Summons and Complaint, of this Order, and Plaintiffs counsel's declaration in suppo1i of this Order may be made on Defendants by leaving copies of the same at the locations specified above or by hand-delivering a copy of the same to individuals at the locations specified above, and that such service shall be deemed sufficient service; Defendants are hereby put on notice that failure to attend the show cause hearing scheduled herein may result in the confirmation of the seizure authorized herein and the immediate issuance of the preliminary injunction, which may be deemed to take effect immediately upon the expiration or dissolution of the order herein, and shall extend during the pendency of this suit the same injunctive relief previously granted by the order. Defendants are hereby further notified that they may be deemed to have actual notice of the issuance and terms of such preliminary injunction, and that any act by them in violation of any of its terms may be considered and prosecuted as contempt of this Court and further set forth in this Order. (Signed by Judge Denise L. Cote on 11/20/2019) ***This document was filed under seal in envelope #4, and unsealed by docket entry 5*** (rro)
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| Filing 32 TEMPORARY RESTRAINING ORDER & SEIZURE BOND: NOW, THEREFORE, U.S. SPECIALTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Texas and authorized to transact the business of Surety, as Surety, in consideration of the premises and issuance of said Temporary Restraining Order and Seizure does hereby undertake to pay all costs and disbursements that may be decreed to the Defendants and such damages not exceeding the amount of Five Thousand and No/100-($5,000.00) Dollars as the Defendants may sustain by reason of said Temporary Restraining Order and Seizure if the same be wrongfully obtained and without sufficient cause. IN WITNESS WHEREOF, we have set our hand and seal the 20th day of November, 2019. ***This document was filed under seal in envelope #3, and unsealed by docket entry 5*** (rro) |
| Filing 30 AFFIDAVIT of RAYMOND DOWD. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., PRL USA Holdings, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 29 DECLARATION of ROBERTSON D. BECKERLEGGE re: #20 Memorandum of Law in Support. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., PRL USA Holdings, Inc., The North Face Apparel Corp., Timberland. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 28 DECLARATION of JENNIFER HALTER re: #20 Memorandum of Law in Support. Document filed by Burberry Limited. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 27 DECLARATION of FRANCESCA BOSIO re: #20 Memorandum of Law in Support. Document filed by Gianni Versace, S.r.l. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 26 DECLARATION of JEAN-CLAUDE MASSON re: #20 Memorandum of Law in Support,. Document filed by Hermes International. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 25 DECLARATION of JENNA CURTIS re: #20 Memorandum of Law in Support,. Document filed by Michael Kors, L.L.C. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 24 DECLARATION of ELLEN BROOKS in Support re: #20 Memorandum of Law in Support, Document filed by PRL USA Holdings, Inc. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 23 DECLARATION of LISA O'HAL re: #20 Memorandum of Law in Support. Document filed by The North Face Apparel Corp. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 22 DECLARATION OF KRISTINE SCHOLTZ re: #20 Memorandum of Law in Support,. Document filed by Timberland. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 21 DECLARATION OF ERIC LACOMA in Support re: #20 Memorandum of Law in Support,. Document filed by Louis Vuitton Malletier. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 20 PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR AN EX PARTE TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, AND NOTICE SETTING PRELIMINARY INJUNCTION HEARING. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., PRL USA Holdings, Inc., The North Face Apparel Corp., Timberland. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 19 TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BIUNGING ON MOTION FOR PRELIMINARY INJUNCTION. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Jane Does, Louis Vuitton Malletier, Michael Kors, L.L.C., PRL USA Holdings, Inc., The North Face Apparel Corp., Timberland. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 18 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 filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Timberland Company for Timberland. Document filed by Timberland. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 16 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 filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent VF Corporation for The North Face Apparel Corp.. Document filed by The North Face Apparel Corp. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capri Holdings Limited for Michael Kors, L.L.C. Document filed by Michael Kors, L.L.C.. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LVMH Moet Hennessey Louis Vuitton SE for Louis Vuitton Malletier. Document filed by Louis Vuitton Malletier. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hermes International. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 11 CIVIL COVER SHEET filed. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Filing 10 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 filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
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Filing 9
ORDER SEALING THE FILE: NOW, THEREFORE, 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. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (Signed by Judge Paul G. Gardephe, Part 1 on 11/19/2019) (rro)
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| SUMMONS ISSUED as to Jane Does, Various John Does, XYZ Companies. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5*** (rro) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Hearing on Application for Temporary Restraining Order held on 12/6/2019. (Court Reporter Lisa Smith) (gr) |
| Filing 8 COMPLAINT against Jane Does, Various John Does, XYZ Companies. Document filed by Timberland, The North Face Apparel Corp., Michael Kors, L.L.C., Burberry Limited, PRL USA Holdings, Inc., Hermes International, Gianni Versace, S.r.l., Louis Vuitton Malletier. ***This document was filed under seal in envelope #2, and unsealed by docket entry 5***(rro) |
| Filing 7 SEALED DOCUMENT placed in vault.(rz) |
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Filing 6
ORDER: As set forth on the record at the December 6, 2019 conference for a preliminary injunction, the following schedule shall govern the further conduct of pretrial proceedings in this case: (1) No additional parties may be joined or pleadings amended after January 10, 2020. (2) All fact discovery must be completed by March 27, 2020. (3) Counsel for the plaintiffs shall submit a status letter on April 3, 2020. (Signed by Judge Denise L. Cote on 12/6/2019) (gr)
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Filing 5
PRELIMINARY INJUNCTION ORDER......NOW THEREFORE, it is hereby ORDERED as follows that: 1. The Defendants and their respective principals, officers, agents, servants, employees, and attorneys, all all persons in concert and participation with them are hereby restrained and enjoined, pending termination of this action.....(Read Preliminary Injunction Order)..... This order and all papers under seal in this action bearing a date on or before December 5, 2019 are now unsealed.SO ORDERED: (Signed by Judge Denise L. Cote on 12/6/19) (rz) Modified on 12/6/2019 (gr).
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| Filing 4 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 3 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 2 SEALED DOCUMENT placed in vault.(rz) |
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Filing 1
ORDER, Case sealed. (Signed by Judge Paul G. Gardephe on 11/20/19) (rz)
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| Magistrate Judge Ona T. Wang 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: #https://nysd.uscourts.gov/forms.php. (rz) |
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