Merch Traffic, LLC v. John Does 1-100 et al
| Merch Traffic, LLC |
| XYZ Company |
| John Does 1-100, Jane Does 1-100 and 1-20 XYZ Company |
| 1:2021cv08283 |
| October 7, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
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Filing 20
PRELIMINARY INJUNCTION AND SEIZURE ORDER: IT IS HEREBY ORDERED, that the defendants, their agents, servants, employees, attorneys, successors, and assigns, and all persons, firms, and corporations acting in active concert or participation with said defendants, are enjoined and restrained from: (A) Using any or all of the Artists Trademarks, in connection with the sale, offering for sale, distribution, and/or advertising of any clothing or other merchandise; (B) Manufacturing, distributing, selling, and/or holding for sale any clothing or other merchandise which carries or otherwise uses any or all of the Artist's Trademarks; or (c) Aiding, abetting, inducing, or encouraging another to perform any of the acts enjoined herein. IT IS FURTHER ORDERED, that the U.S. Marshal for this district or for any district in which Plaintiff seeks to enforce this Order in the United States, the state police, local police, local deputy sheriffs or off-duty officers of the same, and any person acting under their supervision (collectively "Process Servers") are hereby similarly authorized to seize and impound any and all unauthorized merchandise bearing any or all of the Artist's Trademarks, namely, the federally registered trademarks, service marks, likenesses, logos, or other indicia of the Artist (namely "HARRY STYLES"), or any colorable imitations or variations thereof, or associated marks which defendants or their agents, employees or representatives attempt to sell or are holding for sale in the vicinity of any of the Artist's concerts from four (4) hours before to four (4) hours after any performance of the Artist within a four (4) mile vicinity of the stadiums, arenas or other places at which the Artist shall be performing or elsewhere where such merchandise is being sold, held for sale or is otherwise found, including in any carton, bag, vehicle, or container in which the merchandise is transported or stored. All clothing, jewelry, photographs, posters and other merchandise bearing any or all of the Artists Trademarks, or any colorable imitations or variations thereof, sold and held for sale in the vicinity of the stadiums, arenas or other places at which the Artist shall be performing, or elsewhere where such merchandise is being sold, held for sale or otherwise found, shall be deemed to be merchandise subject to the seizure provisions of this Order. (as further set forth herein). IT IS FURTHER ORDERED, that all unauthorized items heretofore or hereafter seized in this action be delivered up to the Plaintiff or the persons designated above, pending final disposition of this matter. IT IS FURTHER ORDERED, that the bond of Five Thousand Dollars ($5,000) previously deposited with the Clerk of this Com1 to secure payment of costs incuned in enforcing the provisions of the temporary restraining order and any damages sustained by any party who is found to have been wrongfully enjoined thereby is continued until final disposition of this matter. SO ORDERED. (Signed by Judge Analisa Torres on 10/22/2021) (kv) Transmission to Finance Unit (Cashiers) for processing.
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| Minute Entry for proceedings held before Judge Analisa Torres: Show Cause Hearing held on 10/22/2021. (JMS) |
| Filing 19 REPLY AFFIRMATION of John Carruthers in Support re: #9 Proposed Order to Show Cause With Emergency Relief,. Document filed by Merch Traffic, LLC. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Infinging Merchandise, #3 Exhibit C - Bootleggers, #4 Exhibit D - Proofs of Service).(Bradford, Mark) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Cara R. Burns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25195959. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
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Filing 18
ORDER: The show cause hearing set for October 21, 2021, is ADJOURNED to October 22, 2021, at 9:00 a.m. The hearing shall proceed via the court's teleconference system. The parties are directed to dial (888) 398-2342, access code 5598827, at the scheduled time. SO ORDERED. ( Telephone Conference set for 10/22/2021 at 09:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 10/14/2021) (vfr)
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| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Cara R. Burns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25195959. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Merch Traffic, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Cara R. Burns, #3 Exhibit Certificate of Good Standing).(Bradford, Mark) Modified on 10/15/2021 (wb). |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #16 Temporary Restraining Order, Set Hearings, Set Deadlines, dated 10/08/2021, from Judge Mary Kay Vyskocil, received $5,000.00 from Merch Traffic, Inc Receipt Number 465401287405 on 10/13/2021..(jkr) |
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Filing 16
TEMPORARY RESTRAINING ORDER; SEIZURE ORDER; AND AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION AND SEIZURE ORDER SHOULD NOT ISSUE: IT IS HEREBY ORDERED that defendants, John Does 1-100, Jane Does 1-100 and XYZ Company their true identities being unknown (collectively "Defendants), show cause before the Honorable Analisa Torres, United States District Court Judge, in Courtroom 15D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York at 2:00 p.m. on October 21, 2021 or as soon thereafter as counsel can be heard, why an order pursuant to the Lanham Act 15 U.S.C. 1051 et. seq., Fed. R. Civ. P. Rule 65, and the All Writs Act 28 U.S.C. 1651 should not be entered granting to Plaintiff, Merch Traffic, LLC, a preliminary injunction to enjoin the Defendants from manufacturing, distributing, selling or holding for sale, any clothing, jewelry, photographs, posters and other merchandise (collectively the "Infringing Merchandise") and to seize the same bearing the federally registered trademarks, service marks, likenesses, logos and other indicia of the Artist HARRY STYLES (collectively, the "Artists Trademarks"). AND IT APPEARING TO THE COURT that Defendants are about to sell and distribute the Infringing Merchandise bearing any or all of the Artists Trademarks as set forth in Plaintiff's complaint and declaration, and will continue to carry out such acts unless restrained by order of the Court; AND IT APPEARING TO THE COURT that immediate and irreparable injury, loss or damage will result to the Plaintiff before Defendants can be identified and given notice and their attorneys can be heard in opposition to the granting of the temporary restraining order, in that the Defendants are preparing to manufacture, distribute and sell Infringing Merchandise as set forth in the Plaintiff's complaint, and that, unless said Defendants are enjoined from said manufacture, distribution, and sale, the Plaintiff will suffer immediate and irreparable injury and harm in the form of a loss of income, lessening and dilution of the value of the Artists Trademarks, interference with Plaintiff's ability to exploit, market and license its merchandising rights, confusion in the marketplace as to the duly authorized source of merchandise depicting the Artists Trademarks, and impairment of the good will Plaintiff and its licensors have in the said Artists Trademarks; IT IS FURTHER ORDERED that pending hearing and determination of this application, or the expiration of fourteen (14) days from the date hereof whichever occurs first, the Defendants, their agents, servants, employees, attorneys, successors and assigns and all persons, firms and corporations acting in concert with them, and each of them, be and hereby are temporarily restrained from manufacturing, distributing and selling Infringing Merchandise bearing the any or all of the Artists Trademarks; AND IT IS FURTHER ORDERED that the United States Marshal for this District, the state police, local police or local deputy sheriffs, off duty officers of the same, and any person acting under their supervision, are hereby authorized to seize and impound any and all Infringing Merchandise bearing any or all of the Artists Trademarks (namely of HARRY STYLES ), which defendants attempt to sell or are holding for sale, including from any carton, container, vehicle, or other means of carriage in which the Infringing Merchandise is found from four (4) hours before to four (4) hours after any performance of the tour within a four (4) mile vicinity of the halls, stadiums or arenas at which the Artists tour shall be performing, including but not limited to in connection with the concerts to be held October 16, October 30, and October 31, 2021 at Madison Square Garden in New York, New York; AND IT IS FURTHER ORDERED that this order be and is hereby conditioned upon Plaintiff's filing with the Clerk of this Court an undertaking in the form of a bond, certified check, or cash in the amount of $5,000 no later than October 13, 2021, to secure the payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby; AND IT IS FURTHER ORDERED that this temporary restraining order is conditioned upon the Plaintiff's advancing to the law enforcement officers such sum as is required by the same to cover the fees for their said services, in the event Plaintiff seeks their services in this or any other district; AND IT IS FURTHER ORDERED that service of a copy of this order to show cause together with the complaint upon which it is based, 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 Plaintiff, at the time of the seizure provided herein is effected and that such service shall be deemed good and sufficient; AND IT IS FURTHER ORDERED that the process server shall offer a receipt to each person from whom Infringing Merchandise is seized and that the Plaintiff shall be deemed substitute custodian for all Infringing Merchandise seized; AND IT IS FURTHER ORDERED that each and every defendant served with a copy of this order promptly, courteously and peaceably identify himself or herself to the aforementioned process server and that the process server or agents for Plaintiff be allowed to photograph, video tape or otherwise identify the Defendant; AND IT IS FURTHER ORDERED that Defendants' responsive papers, if any, shall be filed with the Clerk of this Court and served upon the attorneys for Plaintiff by delivering copies to its counsel on or before October 19, 2021 at 5:00PM. Any reply shall be filed by the Plaintiff and served upon each appearing defendant or his/her counsel on or before October 20, 2021 at 5:00PM. Plaintiff is to provide copies of all other filed pleadings at the request of any identified defendant; AND IT IS FURTHER ORDERED that any defendant who is hereafter served with a copy of this order who objects to the provisions hereof may submit his or her objections to this Court or otherwise move for relief from this Court according to the Federal Rules of Civil Procedure, including that pursuant to F.R.C.P. Rule 65 (b)(4), any defendant can apply to this Court to modify or dissolve this Order on two (2) days notice or shorter notice as this Court may allow, but no such application shall serve to suspend this Order or to stay its terms unless otherwise ordered by this Court. IT IS SO ORDERED. ( Show Cause Hearing set for 10/21/2021 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil (PART 1) on 10/8/2021) (tg) Modified on 10/8/2021 (tg).
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Mark Dana Bradford to RE-FILE Document No. #14 Request for Issuance of Summons, #13 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. (pc) |
| Set/Reset Hearings: Show Cause Hearing set for 10/21/2021 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (tg) |
| Set/Reset Deadlines: Show Cause Response due by 10/19/2021. (tg) |
| Filing 15 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)..(jgo) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jane Doe, re: #1 Complaint,. Document filed by Merch Traffic, LLC..(Bradford, Mark) Modified on 10/8/2021 (pc). |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to John Doe, re: #1 Complaint,. Document filed by Merch Traffic, LLC..(Bradford, Mark) Modified on 10/8/2021 (pc). |
| Filing 12 DECLARATION of Cara R. Burns in Support re: #9 Proposed Order to Show Cause With Emergency Relief,. Document filed by Merch Traffic, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Bradford, Mark) |
| Filing 11 DECLARATION of Dar Jenkins in Support re: #9 Proposed Order to Show Cause With Emergency Relief,. Document filed by Merch Traffic, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Bradford, Mark) |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 Proposed Order to Show Cause With Emergency Relief, . Document filed by Merch Traffic, LLC..(Bradford, Mark) |
| Filing 9 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Merch Traffic, LLC. (Attachments: #1 Text of Proposed Order) Related Document Number: #1 ..(Bradford, Mark) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 8 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to XYZ Company, re: #1 Complaint. Document filed by Merch Traffic, LLC..(Bradford, Mark) Modified on 10/7/2021 (jgo). |
| Filing 7 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jane Doe, re: #1 Complaint. Document filed by Merch Traffic, LLC..(Bradford, Mark) Modified on 10/7/2021 (jgo). |
| Filing 6 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to John Doe, re: #1 Complaint. Document filed by Merch Traffic, LLC..(Bradford, Mark) Modified on 10/7/2021 (jgo). |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Live Nation Entertainment, Inc. (LYV) for Merch Traffic, LLC. Document filed by Merch Traffic, LLC..(Bradford, Mark) |
| Filing 4 NOTICE OF APPEARANCE by Mark Dana Bradford on behalf of Merch Traffic, LLC..(Bradford, Mark) |
| Filing 3 CIVIL COVER SHEET filed..(Bradford, Mark) |
| Filing 2 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Bradford, Mark) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Parties. (Filing Fee $ 402.00, Receipt Number ANYSDC-25165204)Document filed by Merch Traffic, LLC..(Bradford, Mark) Modified on 10/7/2021 (jgo). |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark Dana Bradford. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mark Dana Bradford to RE-FILE re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add parties John Does 1-100, Jane Does 1-100, and, XYZ Company; the wrong party/parties whom the pleading is against were selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(jgo) |
| Magistrate Judge Gabriel W. Gorenstein 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. (jgo) |
| ADD PARTY FOR PLEADING. Defendants/Respondents John Does 1-100, Jane Does 1-100, XYZ Company added. Party added pursuant to #1 Complaint,.Document filed by Merch Traffic, LLC. Related document: #1 Complaint,..(Bradford, Mark) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #9 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (dt) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Mark Dana Bradford to RE-FILE Document No. #7 Request for Issuance of Summons, #6 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. (jgo) |
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