ABC v. DEF
Case Number: 1:2021cv06419
Filed: August 9, 2021
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement (Lanham Act)

Available Case Documents

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Date Filed Document Text
May 6, 2022 Opinion or Order Filing 53 ORDER MODIFYING PRELIMINARY INJUNCTION granting 46 Motion for Preliminary Injunction.Playboy's motion to modify the November P.I. Order (Dkt. No. 46) is GRANTED. IT IS HEREBY ORDERED, that Defendants, their officers, agents, servants, employ ees, and attorneys, and all others in active concert or participation with them, including Xiaotusky (Shenzhen) Biological Technology Co., Ltd., and the Xiaotusky Associates who receive actual notice of this Order by personal service or otherwise (&q uot;Restrained Parties"), are restrained and enjoined, pending final hearing and determination of this action, from anywhere in the world: As further set forth by this Order. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedu re 65, the bond posted on behalf of Playboy in connection with the November P.I. Order shall be converted to/used as security for this preliminary injunction order. SO ORDERED.. (Signed by Judge Victor Marrero on 5/6/2022) (tg) Transmission to Finance Unit (Cashiers) for processing.
May 5, 2022 Opinion or Order Filing 52 ORDER with respect to 46 Motion for Preliminary Injunction. In light of the ongoing public health emergency, the hearing to address the motion from plaintiff Playboy Enterprises International, Inc. to modify the Court's preliminary injunction will proceed by teleconference on May 6, 2022. The parties are directed to use the dial-in number 888-363-4749, with access code 8392198. SO ORDERED. (Signed by Judge Victor Marrero on 5/5/2022) (va)
April 29, 2022 Opinion or Order Filing 50 ORDER: A hearing is hereby scheduled for Friday, May 6, 2022, at 10:00 a.m., to address the motion from plaintiff Playboy Enterprises International, Inc. ("Playboy") to modify the Court's preliminary injunction, dated Novem ber 13, 2021 ("November PI Order"). Playboy is directed to serve this Order on the Defendants, who have not appeared in this case. On notice to the Defendants, Playboy shall present the new material that forms the basis for its motion to modify the November PI Order. SO ORDERED. ( Status Conference set for 5/6/2022 at 10:00 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 4/29/2022) (vfr)
November 5, 2021 Opinion or Order Filing 40 EX PARTE TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY ORDER, ORDER GRANTING ALTERNATIVE SERVICE, AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION: IT IS HEREBY ORDERED, that Defendants, including the New Defendants, their officers, agents, se rvants, employees, and attorneys, and all others in active concert or participation with them, who receive actual notice of this Order by personal service or otherwise ("Restrained Parties"), are temporarily restrained and enjoined from, anywhere in the world: Using or counterfeiting the Playboy Marks, the PLAYBOY Copyrights, and/or associated common law rights, or any confusingly similar marks, reproduction, counterfeit copies, or spurious imitations thereof, on or in connection with the offering of any goods and/or services, licensing services, websites, or social media, including but not limited to, owning or operating the Counterfeit Websites, Additional Domain and/or Counterfeit Domains. IT IS FURTHER ORDERED th at, pursuant to Federal Rule of Civil Procedure 65, Playboy shall, within three (3) days of entry of this Order, post a bond in the amount of $15,000 as payment of damages to which Defendants may be entitled for wrongful injunction or re straint. IT IS FURTHER ORDERED that, on November 12, 2021, at 9:30 a.m., or at such other date and time as may be fixed by the Court pursuant to Fed. R. Civ. P. 6510, the Defendants shall appear and show cause hearing before the Honorable Victor Marrero, United States District Judge of the United States District Court for the Southern District of New York, via teleconference, why a preliminary injunction pursuant to Federal Rule of Civil Procedure 65 should not be granted, IT IS FURTHER ORDERED that, upon completion of service upon Defendants, the parties shall meet and confer and submit a joint proposed briefing schedule within two (2) days of the date of service. In accordance with the schedule, as approved by the Court, oppos ition papers, if any, be filed by Defendants with this Court and served by personal service, notice of electronic filing, facsimile, or email upon Playboy's legal counsel, Venable LLP, at their offices at 1270 Avenue of the Americas, 24th Floo r, New York, NY 10020, and reply papers shall be filed and served in the equivalent manner. (And as further set forth herein.) SO ORDERED. (Telephone Conference set for 11/12/2021 at 09:30 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 11/5/2021) (jca)
August 13, 2021 Opinion or Order Filing 24 ORDER GRANTING PRELIMINARY INJUNCTION: Upon Playboy's Complaint and its accompanying exhibits, the Declarations of Jennifer McCarthy, John Hood, and Marcella Ballard and their accompanying exhibits, the hearing held on August 12, 2021, and al l other documents submitted in this action, the Court hereby GRANTS Playboy's request for a preliminary injunction and confirms the seizure order as follows: This Court has subject matter jurisdiction over Playboy's claims under 28 U.S. C. §§ 1331 & 1338, and 15 U.S.C. § 1121. This Court has personal jurisdiction over Defendants as set forth in this order. IT IS HEREBY ORDERED, that Defendants, their officers, agents, servants, employees, and attorneys, and al l others in active concert or participation with them, who receive actual notice of this Order by personal service or otherwise ("Restrained Parties"), are restrained and enjoined, pending the final hearing and determination of this acti on, from anywhere in the world: as further set forth in this order. IT IS FURTHER ORDERED that as the findings of fact and conclusions of law supporting the January 29, 2021 Ex Parte Order entered by the Court are still in effect and are confirm ed for the reasons set forth in the Court'[s January 29, 2021 order and are incorporated into this Order. The Court herby releases the security posted by Playboy in connection with the Court's Seizure Order in the amount of $15,0 00 [Dkt. 19]. The access of each Defendant and any Restrained Party to any of the Fraudulent Entities, Counterfeit Websites, Additional Domain, or Counterfeit Domains, shall remain frozen, making them inaccessible and non-transferrable pending further order of this Court. All other provisions as further set forth in this order. So Ordered (Signed by Judge Victor Marrero on 8/13/2021) (js)
August 9, 2021 Opinion or Order Filing 6 ORDER Defendants having been served, and upon request from Plaintiff to unseal the matter, the Court determines that the matter need not remain under seal. Accordingly, the Court respectfully requests that the Clerk of Court unseal thiscase in its entirety and place all filed documents on to the public docket. SO ORDERED. (Signed by Judge Victor Marrero on 08/09/2021) (nmo)
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