Burberry Limited et al. v. Various John Does et al.
| ABC, Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier and Michael Kors, L.L.C. |
| DEF, Various John Does, Jane Does and XYZ Companies |
| 1:2021cv10574 |
| December 10, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine Polk Failla |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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| Filing 26 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Jane Does, Various John Does, XYZ Companies. Document filed by Louis Vuitton Malletier, Michael Kors, L.L.C., Burberry Limited, Hermes International, Gianni Versace, S.r.l.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Wallace, Kevin) |
| Filing 24 TEMPORARY RESTRAINING ORDER & SEIZURE BOND: BOND # 1001121386 in the amount of $ 10,000.00 posted by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C. This document was previously filed under seal in envelope # 3 and unsealed by docket entry #4 .*** (ate) |
| Filing 23 AFFIDAVIT OF RAYMOND DOWD re: #19 Proposed Temporary Restraining Order. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) |
Filing 22
***SELECTED PARTIES*** ORDER TO FILE CIVIL CASE UNDER SEAL: Plaintiffs Burberry Limited; Gianni Versace, S.r.l.; Herms International; Louis Vuitton Malletier; and Michael Kors, L.L.C., having moved to file a new civil case under seal in the traditional manner, in paper form, and the Court having reviewed the application and having found sufficient cause under Federal Rule of Civil Procedure 5.2(d) to order this case to be filed under seal, it is hereby ORDERED as follows that: This case may temporarily be filed under seal (the "Sealed Case"). The parties are directed to proceed in accordance with the instructions for filing under seal found in the court's ECF Rules & Instructions, Rule 6.14, and present the case initiating documents to the Clerk of Court in the traditional manner, in paper form. The Clerk is directed to restrict access to this order to the selected party viewing level and close this case. The Clerk of this Court is further directed, pending the hearing of Plaintiffs' motion for preliminary injunction and subject to modification by the judge to whom the case is assigned, to keep and maintain under seal all papers filed in the Sealed Case, and that public scrutiny of such papers shall not be permitted, subject to defendants' rights to access such papers upon presenting the Clerk of this Court with proper identification. When a district judge is assigned to Plaintiff's case, Plaintiff shall renew its motion to keep the case under seal. In the absence of such a motion by December 22, 2021, the case will be unsealed. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (Signed by Judge Jesse M. Furman on 12/8/2021) (ate)
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| Filing 21 PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR AN EX PARTE TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, AND NOTICE SETTING PRELIMINARY INJUNCTION HEARING re: #19 Proposed Temporary Restraining Order. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) |
| Filing 20 DECLARATION OF KEVIN M. WALLACE re: #19 Proposed Temporary Restraining Order. Document filed by Burberry Limited, Gianni Versace, S.r.l., Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) |
| Filing 19 TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION: Upon the Complaint herein and the exhibit annexed thereto, upon the moving affidavit, declarations, and the Memorandum submitted in support of this Motion, it is hereby: ORDERED that Defendants show cause before this Court why a preliminary injunction, pursuant to Fed. R. Civ. P. 65, should not be issued enjoining Defendants, their agents, servants, employees, officers, and all persons in active concert and participation with them, pending the final hearing and determination of this action: 1. From using Plaintiffs' federally registered trademarks, including but not limited to those trademark registrations listed on Exhibit A to the Complaint ("Plaintiffs' Federally Registered Trademarks"). 2. From possessing, receiving, manufacturing, distributing, advertising, promoting, returning, offering for sale or otherwise disposing of in any manner, holding for sale or selling any goods including, but not limited to, clothing, labels, tags, handbags, logos, decals, emblems, signs, and other forms of markings, any packaging, wrappers, pouches, containers and receptacles, and any catalogs, price lists, promotional materials and the like bearing a copy or colorable imitation of Plaintiffs' Federally Registered Trademarks; 3. From using any logo, trade name, or trademark which may be calculated to falsely represent or which has the effect of falsely representing that the services or products of Defendants are sponsored by, authorized by, or in any way associated with Plaintiffs; 4. From infringing Plaintiffs' Federally Registered Trademarks; 5. From otherwise unfairly competing with Plaintiffs; 6. From falsely representing themselves as being connected with Plaintiffs or sponsored by or associated with Plaintiffs; 7. From using any reproduction, counterfeit, copy, or colorable imitation of Plaintiffs' Federally Registered Trademarks in connection with the publicity, promotion, sale, or advertising of goods sold by Defendants including, but not limited to, clothing, labels, tags, handbags, logos, decals, emblems, signs, and other forms of markings, any packaging, wrappers, pouches, containers and receptacles, and any catalogs, price lists, promotional materials and the like bearing a copy or colorable imitation of Plaintiffs' Federally Registered Trademarks; 8. From affixing, applying, annexing, or using in connection with the sale of any goods, a false description or representation, including words or other symbols tending to falsely describe or represent such goods as being those of Plaintiffs and from offering such goods in commerce; 9. From using any trademark or trade name in connection with the sale of any goods which may be calculated to falsely represent such goods as being connected with, approved by or sponsored by Plaintiffs; and 10. From destroying, altering, disposing of, concealing, tampering with or in any manner secreting any and all business records, invoices, correspondence, books of account, receipts or other documentation relating or referring in any manner to the manufacture, advertising, receiving, acquisition, importation, purchase, sale or offer for sale, or distribution of any merchandise bearing Plaintiffs' Federally Registered Trademarks; and it is further ORDERED that pending the hearing and determination of Plaintiffs' motion for preliminary injunction, Defendants, their agents, servants, employees, officers, and all other persons in active concert or participation with them, be and hereby are, without prior written or oral notice, temporarily restrained and enjoined from in any manner, either directly or indirectly, committing any of the acts set forth above which are sought to be enjoined by Plaintiffs; and it is further ORDERED, that the United States Marshal for the Southern District of New York, the City of New York, Office of the Sheriff, or a local law enforcement officer having jurisdiction (hereinafter jointly referred to as "Federal/Local Law Enforcement"), assisted by one or more attorneys or agents of Plaintiffs (jointly or severally referred to as "Plaintiffs' Representatives"), is directed to seize and sequester or impound the following in the possession, custody or control of Defendants: 1. All merchandise bearing any copy or counterfeit of Plaintiffs' Registered Trademarks or any markings substantially indistinguishable therefrom; 2. All labels, tags, logos, emblems, signs, and other forms of markings, all packaging, wrappers, pouches, containers and receptacles, and all advertisements, catalogs, price lists, guarantees, promotional materials and the like bearing any copy or counterfeit of Plaintiffs' Federally Registered Trademarks or any markings substantially indistinguishable therefrom, and all plates, molds, dies, tooling, machinery, assembly equipment and other means of making the same; and 3. All books and records showing: a. Defendants' manufacture, receipt and sale of merchandise bearing the aforesaid trademarks either by reference to such trademarks or by style or code number or otherwise; and, b. Defendants' manufacture, receipt and sale of any labels, tags, logos, decals, emblems, signs, and other forms of markings, any packaging, wrappers, pouches, containers and receptacles, and any catalogs, price lists, guarantees, promotional materials and the like bearing the aforesaid trademarks, either by reference to such trademarks or by style or code number or otherwise; at the following locations: 1. 49 Mott Street, New York, NY 10013; 2. Broadway from Lispenard to Grand Streets, New York, NY 10013; 3. Manhattan Mini Storage, 260 Spring Street, Room 03-02-01, New York, NY 10013; and 4. 252 West 38th Street, Room 306, New York, NY 10018. (including but not limited to any area within reasonable proximity to the locations identified above where there is reasonable cause to believe that counterfeits of Plaintiffs' merchandise are sold, offered for sale, distributed, assembled, manufactured or stored, including any vehicles in the possession, custody, or control of Defendants); and it is further ORDERED, that upon receipt of this Order, Federal/Local Law Enforcement is authorized and directed to take any and all necessary actions, including but not limited to, the use of reasonable force, and the right to enter and remain on the premises, which includes, but is not limited to, the land, the buildings, vehicles and any structures located thereon, for the purpose of executing this Order. Federal/Local Law Enforcement is further authorized and directed to arrest from the premises any and all persons who obstruct, attempt to obstruct, or interfere or attempt to interfere, in anyway with the execution of this Order; and it is further ORDERED that Plaintiffs provide in advance of each and every execution of this Order an advance deposit to Federal/Local Law Enforcement of any and all estimated fees and costs, as determined by Federal/Local Law Enforcement; and it is further ORDERED that Plaintiffs shall provide a person or persons capable of determining whether or not an item is covered by the preceding paragraphs, and Federal/Local Law Enforcement shall follow such person or persons' determination in the seizure; and it is further ORDERED that Federal/Local Law Enforcement shall transfer possession of all such seized merchandise and materials to Plaintiffs' Representatives at a secure facility as substitute custodians for the Court, upon their authorized signature on behalf of Plaintiffs on all proper receipts, pending further order of this Court; and it is further ORDERED that Plaintiffs' Representatives shall promptly inspect the items seized, and if any items are found to be genuine products, such items are to be returned to Defendants within seven (7) business days of the date this Order is executed; and it is further ORDERED that Defendants show cause before this Court on the date and place set forth above, or as soon thereafter as counsel can be heard, why an order should not be entered, pursuant to 15 U.S.C. 1116(d)(l)(A), Fed. R. Civ. P. 65(b) and the common law of trademark, confirming the seizure authorized herein; and it is further ORDERED that while Plaintiffs' counsel or its agents may photocopy and review any books and records seized pursuant to this Order, they may not disclose any trade secrets or other confidential information contained in such books and records to Plaintiffs or any other person pending the hearing of Plaintiffs' motion to confirm the seizure authorized herein; and it is further ORDERED that the search, seizure and sequestration ordered hereinabove may be photographed and/or videotaped for the purpose of authenticating and assisting in the obtaining of evidence and to prevent subsequent controversy concerning the events occurring during such search, seizure and sequestration and/or impoundment; and it is further ORDERED that pursuant to 15 U.S.C. 1116(d)(l)(B) and Rules 30 and 34 of the Federal Rules of Civil Procedure, Plaintiffs be given expedited discovery of Defendants with respect to the manufacture, receipt and sale of merchandise, containers, handbags, sunglasses, or other products and labels bearing Plaintiffs' Federally Registered Trademarks including discovery of the source thereof, the creation of such trademarks, the quantity of goods bearing such trademarks ordered, in inventory and sold by Defendants, and other matters relevant to this action and that such discovery shall take place no later than one (1) day prior to the show cause hearings scheduled herein; and it is further ORDERED that a bond to be posted by Plaintiffs in the amount of $________ is deemed sufficient as security for the payment of 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/or impoundment or wrongfully attempted seizure and/or impoundment; and it is further ORDERED that personal service of the Summons and Complaint, of this Order, and Plaintiffs' Counsel's Declaration in support of this Order may b |
| Filing 18 DECLARATION OF ERIC LACOMA: re: #19 Document filed by Louis Vuitton Malletier. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) Modified on 12/27/2021 (ate). |
| Filing 17 DECLARATION OF JEAN-CLAUDE MASSON: re: #19 Document filed by Hermes International. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) Modified on 12/27/2021 (ate). Modified on 12/27/2021 (ate). |
| Filing 16 DECLARATION OF JENNIFER HALTER: re #19 Document filed by Burberry Limited. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) Modified on 12/27/2021 (ate). |
| Filing 15 DECLARATION OF LAURA FELSTEAD: re: #19 Document filed by Michael Kors, L.L.C. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) Modified on 12/27/2021 (ate). Modified on 12/27/2021 (ate). |
| Filing 14 DECLARATION of LAURA FELSTEAD: re: #19 Document filed by Gianni Versace, S.r.l. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) Modified on 12/27/2021 (ate). |
| Filing 13 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). This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hermes International. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) Modified on 1/3/2022 (lb). |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capri Holdings Limited for Gianni Versace, S.r.l.. Document filed by Gianni Versace, S.r.l. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LVMH Moet Hennessy Louis Vuitton SE for Louis Vuitton Malletier. Document filed by Louis Vuitton Malletier. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Burberry Group PLC (a U.K. Corporation) for Burberry Limited. Document filed by Burberry Limited. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) Modified on 12/27/2021 (ate). |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capri Holdings Limited for Michael Kors, L.L.C.. Document filed by Michael Kors, L.L.C. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) |
| Filing 7 CIVIL COVER SHEET filed. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) |
| Filing 6 CIVIL COVER SHEET filed. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) |
| Filing 5 COMPLAINT against Jane Does, Various John Does, XYZ Companies. Document filed by Louis Vuitton Malletier, Michael Kors, L.L.C., Burberry Limited, Hermes International, Gianni Versace, S.r.l.. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .***(ate) |
| SUMMONS ISSUED as to Jane Does, Various John Does, XYZ Companies. This document was previously filed under seal in envelope # 2 and unsealed by docket entry #4 .*** (ate) |
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Filing 4
PRELIMINARY INJUNCTION ORDER NOW THEREFORE, it is hereby ORDERED as follows that: 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:(a) From using Plaintiffs Federally Registered Trademarks, including but not limited to:(hereinafter collectively referred to as Plaintiffs Federally Registered Trademarks); (b) From receiving, manufacturing, distributing, advertising, promoting, returning, offering for sale or otherwise disposing of in any manner, holding for sale or selling any goods, labels, tags, logos, decals, emblems, signs, and other forms of markings, any packaging, wrappers, pouches, containers and receptacles, and any catalogs, price lists, promotional materials and the like bearing a copy or colorable imitation of Plaintiffs Federally Registered Trademarks; (c) From using any logo, trade name or trademark which may be calculated to falsely represent or which has the effect of falsely representing that the services or products of Defendants are Sponsored by, authorized by, or in any way associated with Plaintiffs; (d) From infringing Plaintiffs Federally Registered Trademarks; (e) From falsely representing themselves as being connected with Plaintiffs or sponsored by or associated with Plaintiffs; (f) From using any reproduction, counterfeit, copy, or colorable imitation of Plaintiffs Federally Registered Trademarks in connection with the publicity, promotion, sale, or advertising of goods sold by Defendants including, without limitation, apparel, belts, cosmetics, eyewear, footwear, handbags, jackets, jewelry, perfumes, wallets, watches, and other products bearing a copy or colorable imitation of Plaintiffs Federally Registered Trademarks; (g) From affixing, applying, annexing, or using in connection with the sale of any goods, a false description or representation, including words or other symbols tending to falsely describe or represent such goods as being those of Plaintiffs and from offering such goods in commerce;(h) From using any trademark or trade name in connection with the sale of any goods which may be calculated to falsely represent such goods as being connected with, approved by or sponsored by Plaintiffs; and (i) From destroying, altering, disposing of, concealing, tampering with or in any manner secreting any and all business records, invoices, correspondence, books of account, receipts or other documentation relating or referring in any manner to the manufacture, advertising, receiving, acquisition, importation, purchase, sale or offer for sale, or distribution of any merchandise bearing Plaintiffs Federally Registered Trademarks. Defendants, their principals, officers, agents, servants, employees and attorneys and all persons in active concert or participation with them are hereby enjoined, from transferring, discarding, destroying or otherwise disposing of the following currently in the possession, custody or control of Defendants:(a) All merchandise bearing any copy or counterfeit of Plaintiffs Federally Registered Trademarks or any markings substantially indistinguishable therefrom; (b) All labels, tags, logos, emblems, watch faces, signs, and other forms of markings, all packaging, wrappers, pouches, containers, receptacles, and all advertisements, catalogs, price lists, guarantees, promotional materials and the like bearing any copy or counterfeit of Plaintiffs Federally Registered Trademarks or any markings substantially indistinguishable therefrom, and all plates molds, dies, tooling, machinery, assembly equipment and other means of making the same; and (c) All books and records showing: (i) Defendants manufacture, receipt and sale of merchandise bearing Plaintiffs Federally Registered Trademarks; and (ii) Defendants manufacture, receipt and sale of any labels, tags, logos, decals, emblems, signs, and other forms of markings, any packaging, wrappers, pouches, containers and receptacles, and any catalogs, price lists, guarantees, promotional materials and the like bearing Plaintiffs Federally Registered Trademarks, either by reference to such trademarks or by style or code number or otherwise. The parties may take immediate and expedited discovery, limited to document requests and interrogatories, without regard to the time limitations set forth in Rules 30, 33, 34 and 36 of the Federal Rules of Civil Procedure. The seizures outlined in the opening paragraph are hereby confirmed, and the counterfeit goods seized pursuant to the Courts Seizure Order may be destroyed after the appropriate 10 days notice is given to the United States Attorney for the Southern District of New York, as provided for in 15 U.S.C. 1118. 5. Service of this Order by first-class mail to the Defendants or by leaving a copy of this Order at each of Defendants business addresses identified in the opening paragraph shall constitute sufficient service of this Order. Service shall be deemed complete on the mailing or delivery of this Order as permitted above. 6. All papers under seal in this action shall now be unsealed. Accordingly, the Clerk of Court is directed to unseal the case and file all documents previously submitted in this matter on the public docket. (Signed by Judge Katherine Polk Failla on 12/22/2021) (nmo)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Show Cause Hearing held on 12/22/2021. Attorneys Kevin Wallace and Megan Corrigan representing Plaintiffs present. The Court GRANTS Plaintiff's motion for a Preliminary Injunction. See Order. (See transcript.) (Court Reporter Khris Sellin) (tn) |
| Filing 3 SEALED DOCUMENT placed in vault..(jus) |
| Filing 2 SEALED DOCUMENT placed in vault..(jus) |
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Filing 1
***Sealed*** ORDER, Case sealed. (Signed by Judge Jesse M. Furman on 12/08/2021) (jus)
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| Magistrate Judge Debra C. Freeman 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. (jus) |
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