Manhead, LLC et al v. John Does 1-100 et al
| Manhead, LLC and Lace Up, LLC |
| John Does 1-100, Jane Does 1-100 and XYZ Companies 1-100 |
| 1:2021cv07617 |
| September 13, 2021 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
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Filing 26
ORDER OF PRELIMINARY INJUNCTION AND ORDER OF SEIZURE: NOW, THEREFORE, IT IS HEREBY ORDERED that Defendants, their agents, servants, employees, attorneys, successors, assigns, and all persons, firms, and corporations acting in concert or participation with said defendants, are enjoined and restrained from: (i) Using the Artist's Intellectual Property in connection with the sale, offering for sale, distribution, or advertising of any clothing or other merchandise; or (ii) Manufacturing, distributing, selling, or holding for sale any clothing or other merchandise which carries or otherwise uses the Artist's Intellectual Property; or (iii) Aiding, abetting, inducing, or encouraging another to perform any of the acts enjoined herein. IT IS FURTHER ORDERED that the United States Marshal for this district and the United States Marshal for any district in which Plaintiffs seek to enforce this order, upon Plaintiffs' advancing such sum as is required to cover their fees and expenses, or local law enforcement officials, Plaintiffs' counsel, representatives, or individuals acting under their respective authorization or supervision, are authorized, and the appropriate local or state police and other law enforcement authorities are hereby similarly authorized, to seize and impound any and all Bootleg Merchandise bearing the Artist's Intellectual Property which Defendants, or their agents, servants, employees, successors and assigns, and all those acting in concert or participation with them, attempt to sell or are holding for sale outside the venues of the Artist's concert performances on the Tour, including any carton, bag, container, or other means of carriage in which the Bootleg Merchandise is transported or stored, from twenty-four (24) hours before to eight (8) hours after any concert performance of the Artist, and within a two (2) mile radius of any concert performance of the Artist on the Tour. IT IS FURTHER ORDERED that such confiscated Bootleg Merchandise shall be delivered to Plaintiffs' counsel or representatives, or their designees, pending final disposition of this action. All merchandise bearing the Artist's Intellectual Property which is sold, or held for sale, outside the venues of the Artist's performance locations on the Tour shall be deemed to be merchandise subject to the seizure provisions of this order. IT IS FURTHER ORDERED that this preliminary injunction is conditioned upon personal service of a copy of this Order and the Summons and Complaint being made upon the Defendants or other persons enjoined hereby contemporaneously with the seizure authorized herein. IT IS FURTHER ORDERED that any Defendant or other person enjoined hereby contemporaneously with the seizure authorized herein who is hereafter served with a copy of this Order and objects to its provisions may submit their objections to this Court or otherwise move for relief from this Court within ten (10) days of the date of seizure according to the Federal Rules of Civil Procedure, but no such objection shall serve to suspend this Order or stay the terms hereof unless otherwise ordered by this Court. IT IS FURTHER ORDERED that all unauthorized items heretofore or hereafter seized in this action be delivered up to the Plaintiffs, or to Plaintiffs' authorized representative, pending final disposition of this matter. IT IS FURTHER ORDERED that the injunctive and seizure provisions of this Order shall expire upon conclusion of the Artist's concert performance tour on December 18, 2021, unless otherwise extended by further order of this Court. IT IS FURTHER ORDERED that the undertaking in the amount of $20,000.00 heretofore deposited with the Clerk of this Court to secure payment of costs incurred in enforcing the provisions of the temporary restraining order is hereby continued until final disposition of this matter or further order of this Court. (Signed by Judge Ronnie Abrams on 9/28/2021) (ate) Transmission to Finance Unit (Cashiers) for processing.
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Show Cause Hearing held on 9/27/2021. (Court Reporter Paula Speer) (arc) |
| Filing 25 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by John Doe. Document filed by Manhead, LLC, Lace Up, LLC..(Salimbene, Melissa) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by John Doe. Document filed by Manhead, LLC, Lace Up, LLC..(Salimbene, Melissa) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by John Doe. Document filed by Manhead, LLC, Lace Up, LLC..(Salimbene, Melissa) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by John Doe. Document filed by Manhead, LLC, Lace Up, LLC..(Salimbene, Melissa) |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by John Doe. Document filed by Manhead, LLC, Lace Up, LLC..(Salimbene, Melissa) |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by John Doe. Document filed by Manhead, LLC, Lace Up, LLC..(Salimbene, Melissa) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by John Doe. Document filed by Manhead, LLC, Lace Up, LLC..(Salimbene, Melissa) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by John Doe. Document filed by Manhead, LLC, Lace Up, LLC..(Salimbene, Melissa) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by John Doe. Document filed by Manhead, LLC, Lace Up, LLC..(Salimbene, Melissa) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint. John Does 1-100 served on 9/13/2021, answer due 10/4/2021. Service was accepted by John Doe. Document filed by Manhead, LLC; Lace Up, LLC..(Salimbene, Melissa) |
| Filing 15 DECLARATION of Raymond Orta in Support re: #13 Proposed Order,. Document filed by Lace Up, LLC, Manhead, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Salimbene, Melissa) |
| Filing 14 DECLARATION of Raymond Orta in Support re: Notice to Attorney to Re-File Document - Deficient Docket Entry Error,,. Document filed by Lace Up, LLC, Manhead, LLC..(Salimbene, Melissa) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Lace Up, LLC, Manhead, LLC. (Attachments: #1 Declaration of Raymond Orta, #2 Exhibit A) Related Document Number: #12 ..(Salimbene, Melissa) Proposed Order to be reviewed by Clerk's Office staff. Modified on 9/23/2021 (dt). |
| Filing 12 PROPOSED ORDER. Document filed by Lace Up, LLC, Manhead, LLC. Related Document Number: #11 ..(Salimbene, Melissa) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #12 Proposed Order was reviewed and approved as to form. (dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Salimbene, Melissa to RE-FILE Document #13 Proposed Order,. ERROR(S): Documents have to be filed separately. Do Not Re-File the Order. Separately file the Supplemental Declaration using the event type Declaration in Support of a Non-Motion found under the event list Other Answers, then separately file the Declarations of Service of the Summons and Complaint, individually using the event type Affidavit Service of Complaints found under the event list Service of Process. (dt) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #11 Order to Show Cause, dated 09/13/2021, from Judge Ronnie Abrams, received $20,000.00 from MANHEAD, LLC Receipt Number NYSCCA-00368 on 9/14/2021..(jkr) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Melissa Anne Salimbene to RE-FILE Document No. #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B): a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Melissa Anne Salimbene to RE-FILE re: Document No. #9 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 120 Patent/Trademark form is not correct; the Patent or Trademark Number field on the AO 120 Patent/Trademark form was not completed by the attorney. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form Do not re-file the form. The Court has corrected the deficiency/deficiencies.. (sj) |
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Filing 11
ORDER TO SHOW CAUSE ON MOTION FOR PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER AND ORDER OF SEIZURE: IT IS HEREBY ORDERED that defendants, various John Does, Jane Does, and XYZ Companies, their true identities being unknown, show cause before a motion term of this Court, at Room 1506, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 11201, on September 27, 2021, at 3 o'clock in the afternoon, or as soon thereafter as counsel can be heard, why an order should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure, granting to plaintiffs a preliminary injunction enjoining the defendants various John Does, Jane Does, and XYZ Companies, their true identities being unknown, and all those acting in concert with defendants, from the unauthorized manufacture, distribution, sale or holding for sale, of clothing, T-shirts, jerseys, sweatshirts, shorts, hats, accessories, posters and other merchandise (collectively the "Infringing Merchandise") bearing the names, logos, images, likenesses or trademarks (collectively the "Intellectual Property") of the performing artist publicly known as MACHINE GUN KELLY or MGK (the "Artist") in this district. as further set forth in this order. IT IS HEREBY ORDERED that, sufficient reason having been shown therefor, pending a hearing and determination of plaintiffs' application for a preliminary injunction pursuant to Fed. R. Civ. Pro. 65, or the expiration of fourteen (14) days from the date hereof. as further set forth in this order. IT IS FURTHER ORDERED that the United States Marshal for this district, the state and the local police, local deputy sheriffs, counsel for plaintiffs, plaintiffs' representatives, and persons acting under their supervision, are hereby authorized to seize and impound any and all Infringing Merchandise found in this district bearing the Artist's Intellectual Property which defendants, or those acting in concert with defendants, attempt to sell or are holding for sale in connection with any of the Artist's concert performances (including any carton, container, or other means of carriage in which the Infringing Merchandise is found) from twenty- four (24) hours before to either (8) hours after and within a two (2) mile radius of the Artist's concerts at Rumsey Playfield Central Park in New York, New York on September 13, 2021 and at Pier 17 in New York, New York on September 14, 2021; and IT IS FURTHER ORDERED that this temporary restraining order be and is hereby conditioned upon plaintiffs' filing with the Clerk of this Court an undertaking in the form of a bond, check, cash or credit card payment in the amount of $20,000, to secure the payment of costs and damages, not to exceed such sum, as may be suffered or sustained by any party who is wrongfully restrained hereby; and IT IS FURTHER ORDERED that this temporary restraining order is conditioned upon the plaintiffs advancing to the United States Marshal such sum as is required to cover the fees for their said services, in the event plaintiffs seek the services of the United States Marshal in this district; and IT IS FURTHER ORDERED that service of copies of this Order to Show Cause, together with the summons and complaint, be made upon the defendants by the United States Marshal, state or local police, local deputy sheriffs, or by any person over the age of eighteen (18) years not a party to this action selected for that purpose by the plaintiffs, at the time any seizure provided herein is effected. Any defendants who are served with this Order and who wish to contest this action are to advise the Court and Plaintiffs' counsel in writing within five business days of service. In that event, the Court will schedule a hearing. So Ordered. Show Cause Hearing set for 9/27/2021 at 03:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 9/13/2021) (js) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 10 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to John Does 1-100, Jane Does 1-100 and XYZ Companies 1-100, re: #1 Complaint. Document filed by Lace Up, LLC, Manhead, LLC..(Salimbene, Melissa) Modified on 9/14/2021 (sj). |
| Filing 9 FILING ERROR - DEFICIENT AO 120 FORM TRADEMARK - PDF ERROR AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Salimbene, Melissa) Modified on 9/14/2021 (sj). |
| Filing 8 DECLARATION of Melissa A. Salimbene in Support re: #4 Proposed Order to Show Cause With Emergency Relief,. Document filed by Lace Up, LLC, Manhead, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q).(Salimbene, Melissa) |
| Filing 7 DECLARATION of Raymond Orta in Support re: #4 Proposed Order to Show Cause With Emergency Relief,. Document filed by Lace Up, LLC, Manhead, LLC..(Salimbene, Melissa) |
| Filing 6 DECLARATION of Christopher Cornell in Support re: #4 Proposed Order to Show Cause With Emergency Relief,. Document filed by Lace Up, LLC, Manhead, LLC..(Salimbene, Melissa) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause With Emergency Relief, . Document filed by Lace Up, LLC, Manhead, LLC..(Salimbene, Melissa) |
| Filing 4 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Lace Up, LLC, Manhead, LLC. Related Document Number: #1 ..(Salimbene, Melissa) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lace Up, LLC, Manhead, LLC..(Salimbene, Melissa) |
| Filing 2 CIVIL COVER SHEET filed..(Salimbene, Melissa) |
| Filing 1 COMPLAINT against Jane Does 1-100, John Does 1-100, XYZ Companies 1-100. (Filing Fee $ 402.00, Receipt Number ANYSDC-25048960)Document filed by Manhead, LLC, Lace Up, LLC..(Salimbene, Melissa) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (dt) |
| Case Designated ECF. (vf) |
| Magistrate Judge Katharine H. Parker 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. (vf) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Melissa Anne Salimbene to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Melissa Anne Salimbene. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (vf) |
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