Burberry Limited et al. v. Various John Does et al.
| ABC, Burberry Limited, Gianni Versace, S.r.l., Louis Vuitton Malletier and Hermes International |
| DEF, Various John Does, Various Janes Does and Various XYZ Companies |
| 1:2021cv06104 |
| July 16, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jed S Rakoff |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.
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Filing 29
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(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' Complaint from the above-captioned action ("Defendants"). Plaintiffs have not been able to determine the identity of Defendants but are working with their landlords to ensure the conduct complained of in this action ceases. This Notice resolves the above-captioned action in its entirety. Clerk to close case. SO ORDERED. Various XYZ Companies, Various Janes Does and Various John Does terminated. (Signed by Judge Jed S. Rakoff on 8/23/2021) (kv)
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| Filing 28 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 8/23/2021 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 27 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) Various Janes Does, Various John Does, Various XYZ Companies. Document filed by Hermes International, Burberry Limited, Louis Vuitton Malletier, Gianni Versace, S.r.l.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Wallace, Kevin) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/20/2021. Plaintiffs counsel provided the Court a status update and received leave to file a voluntary dismissal of the action on August 23, 2021. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff:. Show Cause Hearing set for 8/24/2021 at 04:00 PM before Judge Jed S. Rakoff in courtroom 14B of the Moynihan Courthouse. (Kotowski, Linda) |
| Filing 26 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, 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 John Does, Jane Does and XYZ Companies at 265 W. 37th St., Floor 12A, NY, NY on July 21, 2021. Service was accepted by John Does, Jane Does and XYZ Companies. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier..(Wallace, Kevin) |
| Filing 25 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, 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 John Does, Jane Does and XYZ Companies at 1220 Broadway, Room 700, NY, NY on July 21, 2021. Service was accepted by John Does, Jane Does and XYZ Companies. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier..(Wallace, Kevin) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Show Cause Hearing held on 7/26/2021, ( Show Cause Hearing set for 8/24/2021 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
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Filing 24
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 14-B United States District Courthouse, 500 Pearl Street, New York, New York, on the 26th day of July, 2021 at 4:30 p.m. or as soon thereafter as counsel can be heard, why apreliminary injunction, pursuant to Fed. R. Civ. P. 65, should not be issued enjoiningDefendants, their agents, servants, employees, officers, and all persons in active concert andparticipation with them, pending the final hearing and determination of this action: From using Plaintiffs' federally registered trademarks, including but not limited tothose trademark registrations listed on Exhibit A to the Complaint ("Plaintiffs' Federally Registered Trademarks"). From possessing, receiving, manufacturing, distributing, advertising, promoting,returning, offering for sale or otherwise disposing of in any manner, holding for sale or selling any goods including, but not limited to, clothing, labels, tags, handbags, logos, decals, emblems,signs, and other forms of markings, any packaging, wrappers, pouches, containers andreceptacles, and any catalogs, price lists, promotional materials and the like bearing a copy orcolorable imitation of Plaintiffs' Federally Registered Trademarks. ORDERED that pending the hearing and determination of Plaintiffs' motion for prelintlnary 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 a bond to be posted by Plaintiffs in the amount of $10,000 is deemed sufficient as security for the payment of such costs and damages as may be incurred or sufferedby 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/orimpoundment; and it is further ordered Defendants, or persons acting in concert with them, would likely destroy, move,hide or otherwise make inaccessible to the Court the matters which are subject to the proposedseizure orders if Plaintiffs are required to proceed on notice and further set forth in this Order. *** This document was previously filed under seal in envelope #4 and unsealed by docket entry 5 (the unsealing Order) *** (Signed by Judge Jed S. Rakoff on 7/16/2021) (rro) Transmission to Finance Unit (Cashiers) for processing. Modified on 7/27/2021 (rro).
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| Filing 23 TEMPORARY RESTRAINING ORDER AND SEIZURE BOND posted by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier. *** This document was previously filed under seal in envelope #3 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 22 DECLARATION of CHLOE LONG. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 21 DECLARATION of ERIC LACOMA. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 20 DECLARATION of JEAN-CLAUDE MASSON. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 19 DECLARATION of JENNIFER HALTER. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 18 AFFIDAVIT of RAYMOND DOWD. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 17 DECLARATION of KEVIN M. WALLACE. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 16 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. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 15 TEMPORARY RESTRAINING ORDER, SEIZURE ORDER,SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERYORDER, AND ORDER TO SHOW CAUSE BRINGING ONMOTION FOR PRELIMINARY INJUNCTION: Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) *** (rro) |
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Filing 14
ORDER TO FILE CIVIL CASE UNDER SEAL in 21mc514: This case may be filed under seal (the "Sealed Case"). The parties are directed to proceed in accordance with the instructions for filing under seal found in the court's ECF Rules & Instructions, Rule 6.14, and present the case initiating documents to the Clerk of Court in the traditional manner, in paper form. The Clerk is directed to restrict access to this order to the selected party viewing level and close this case. The Clerk of this Court is further directed, pending the hearing of Plaintiffs' motion for preliminary injunction and subject to modification by the judge to whom the case is assigned, to keep and maintain under seal all papers filed in the Sealed Case, 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 previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) *** (Signed by Judge Gregory H. Woods, Part 1 on 7/13/2021) (rro)
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| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capri Holdings Limited for Gianni Versace, S.r.l.. Document filed by Gianni Versace, S.r.l.. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LVMH Moet Hennessy Louis Vuitton SE for Louis Vuitton Malletier. Document filed by Louis Vuitton Malletier. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hermes International. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 10 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 #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 9 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 #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 8 CIVIL COVER SHEET filed. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 7 SUMMONS ISSUED as to Various Janes Does, Various John Does, Various XYZ Companies. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
| Filing 6 COMPLAINT against Various Janes Does, Various John Does, Various XYZ Companies. Document filed by Hermes International, Burberry Limited, Louis Vuitton Malletier, Gianni Versace, S.r.l.. *** This document was previously filed under seal in envelope #2 and unsealed by docket entry 5 (the unsealing Order) ***.(rro) |
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Filing 5
PRELIMINARY INJUNCTION ORDER All papers under seal in this action are now unsealed. SO ORDERED. (Signed by Judge Jed S. Rakoff on 07/26/2021) (nmo) (Main Document 5 replaced on 7/29/2021) (laq). PRELIMINARY INJUNCTION ORDER All papers under seal in this action are now unsealed. SO ORDERED. (Signed by Judge Jed S. Rakoff on 07/26/2021) (nmo) (Main Document 5 replaced on 7/29/2021) (laq).
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| Filing 4 SEALED DOCUMENT placed in vault.(nmo) |
| Filing 3 SEALED DOCUMENT placed in vault..(jus) |
| Filing 2 SEALED DOCUMENT placed in vault..(jus) |
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Filing 1
***Sealed*** ORDER, Case sealed. (Signed by Judge Gregory H. Woods on 07/13/2021) (jus)
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jus) |
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