Burberry Limited v. Various John Does
Case Number: 1:2021cv09294
Filed: November 23, 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
November 29, 2021 Opinion or Order Filing 27 TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION: It is further ORDERED that the bond already posted by Plaintiffs in the amoun t of $10,000 in this action is deemed sufficient as security for the payment of such costs and such costs and damages as may be incurred or suffered by any party who is subsequently found to be wrongfully enjoined or restrained hereby, or as a result of a wrongful seizure and and/or impoundment or wrongfully attempted seizure and/or impoundment; and it is further ORDERED (As further set forth herein.) (Signed by Judge Paul A. Engelmayer on 11/15/2021) (va) Transmission to Finance Unit (Cashiers) for processing.
November 23, 2021 Opinion or Order Filing 5 PRELIMINARY INJUNCTION ORDER: Accordingly, the Court concludes as a matter of law: 1. This Court has jurisdiction over the subject matter of all counts of this action and over all the parties hereto; 2. Plaintiffs have established a prima facie c ase of ownership of Plaintiffs' Federally Registered Trademarks; 3. Plaintiffs are likely to prevail on the merits of this action in showing that Defendants are counterfeiting and infringing Plaintiffs' Federally Registered Trademarks in violation of 15 U.S.C. § 1114; 4. Defendants' actions have caused and will continue to cause immediate and irreparable harm, loss, and damage before a full trial on the merits can be held, in that monetary compensation will not afford ade quate relief to Plaintiffs for Defendants' continuing acts of counterfeiting and trademark infringement; 5. The harm to Plaintiffs from the denial of this request for a Preliminary Injunction would outweigh the harm to the legitimate interests of Defendants against whom the Order would be issued and to any third parties; and 6. The public interest would best be served by granting this Preliminary Injunction prior to a full trial on the merits or a default judgment against Defendants. NOW THEREFORE, it is hereby ORDERED as follows that: 1. The Defendants and their respective principals, officers, agents, servants, employees, and attorneys, and all persons in concert and participation with them are hereby restrained and enjoined, pending termination of this action: (As further set forth herein.) 6. All papers under seal in this action are now unsealed. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/23/2021) (va)
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