ABC v. DEF
| 1:2021cv06419 |
| August 9, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement (Lanham Act) |
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The following documents for this case are available for you to view or download:
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Filing
73
JUDGMENT AND ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND RELATED RELIEF: IT IS HEREBY ORDERED that: 1. Playboy's Motion for Default Judgment and Related Relief is GRANTED; 2. Under Federal Rule of Civil Procedure 55(b)( 2), default judgment is hereby entered against each Defendant for each and all of the Counts alleged in Playboy's Amended Complaint, namely, as further set forth herein. Under the Lanham Act, 15 U.S.C. § 1117(c), Playboy is entitled t o statutory damages of $100,000 per registered trademark, for a total trademark damages award of $2,500,000 jointly and severally against the Defendants. 5. Under the Copyright Act, 17 U.S.C. § 504, Playboy is entitled to statutory d amages of $30,000 per registered copyright, for a total copyright damages award of $60,000 jointly and severally against the Defendants, as further set forth herein. Upon service of this Order, the Defendants, and other Restrained Parties s hall be deemed to have actual notice of the issuance and terms of the permanent injunction, and any act by any of the Restrained Parties in violation of any of the terms of the permanent injunction may be considered and prosecuted as contempt of Co urt, and such other, further relief this Court deemsjust and proper. Within 14 days of entry of this Order, the Defendants shall file for dissolution of the Fraudulent Entities (as depicted within Exhibit A) with each of the entities' respective states of formation and provide evidence of the same to the Court and to the Plaintiff. Should the Defendants fail to file for dissolution and provide evidence thereof, the Plaintiff may move the Court for specific performance under Federal Rule of Civil Procedure 70, and any further relief the Court deems just and proper. In the event Playboy identifies additional counterfeit websites, domains, or fraudulent entities in connection with Defendants' counterfeiting scheme, Playboy may move the Court for an order modifying this injunction as appropriate. To the extent the Defendants attempt to use confusingly similar variations of the Counterfeit Websites, Counterfeit Domains, or Additional Domain with URLs that incorporate the Playboy Marks, Playboy may serve this Order on the website registrars and/or other third parties responsible for services involved with keeping the websites online, in order to freeze and/or make the websites and any confusingly similar variations of the Co unterfeit Websites, Counterfeit Domains, and/or Additional Domain frozen and inaccessible to the Defendants. IT IS FURTHER ORDERED that Court hereby releases the security posted by Playboy in the amount of $15,000 that was posted in connectio n with the temporary restraining order and preliminarily injunction order. See ECF 41. IT IS FURTHER ORDERED THAT, as good cause for alternative service continues to exist in this case, Playboy may serve the filings in this case upon all Defendan ts by email and/or other electronic means, and/or by overnight courier, using the identifying information emails set forth in Exhibit B, and/or Defendants' purported physical addresses to the degree necessary to ensure and effectuate service. SO ORDERED. Bunny Girl Union, Bunny Hunter, LLC, BunnyGirl Certification Institute, Ming Cai, E-Mode Limited, Fancy Space (Fujian) Brand Management Co. Ltd, Flower Color Space (Fujian) Brand Management Company Ltd, John Fu, Haihan Fashion (Shang hai) Enterprises Development Co., LTD., Huahua Rabbit (Xiamen) Health Science and Technology Co., LTD, Junhan Huang, Huase Space (Fujian) Brand Management Co., Ltd, International Model Certification Association, Kai Ming Lai, King Wong, Fu Manhua, Mo untain Crest Acquisition Corp., PLBY Group Inc., Playboy (China) Brand Management Center, Playboy Enterprises (Asia) Limited, Playboy Enterprises International, Inc., Playboy Enterprises, Inc., Playboy Tobacco Group Limited, Pleasure International, C orp., Wong's Bank Group, Wong's Capital Holding Group Limited, Wong's Foundation, Wong's International Bank, Wong's Syndicate, World Future Leader University, World Industrial Capital Organization, LingLing Zhang, Bunnies Own er Group and Bunny Girl Foundation terminated., Motions terminated: 63 MOTION for Default Judgment as to Defendants Playboy Enterprises, Inc.; PLBY Group, Inc.; Junhan Huang, aka John Huang; Mountain Crest Acquisition Corp., Playboy Enterprises (Asia) Limited; Wongs Capital Holding Group Limited; Playboy (China) Br filed by Playboy Enterprises International, Inc. (Signed by Judge Arun Subramanian on 9/29/2023) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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Filing
71
ORDER As discussed at the September 26 conference, Plaintiff is hereby ORDERED to file and serve on defendants a letter, not to exceed five (5) pages, by October 3, 2023, at 5:00 p.m., addressing the legal basis for the particular injunctive relief requested in its motion for default judgment. See Dkt. 69. SO ORDERED. (Signed by Judge Arun Subramanian on 9/26/2023) (jca)
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Filing
60
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Practices, which are available at https://nysd.uscourts.gov /hon-arun-subramanian. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Additionally, by August 29, 2023, at 5:00 p.m., Plaintiff is hereby ORDERED to file on ECF a letter updating the Court on the status of the case. The letter shall address, as further set forth herein. SO ORDERED. (Signed by Judge Arun Subramanian on 8/15/2023) (vfr)
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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.
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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)
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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)
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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)
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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)
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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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