Burberry Limited et al v. Various John Does et al
| ABC, Burberry Limited, Gianni Versace S.R.L., Hermes International and Louis Vutton Malletier |
| DEF, Various John Does, Jane Does and XYZ Companies |
| 1:2022cv05286 |
| June 23, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Denise L Cote |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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Filing 57
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiffs, by and through their undersigned counsel, hereby dismiss without prejudice Defendants Various John Does, Jane Does, and XYZ Companies located at all of the addresses identified in Plaintiffs' Amended Complaint from the above-captioned action. This Notice resolves the above-captioned action in its entirety. So Ordered. XYZ Companies, Jane Does and Various John Does terminated. (Signed by Judge Denise L. Cote on 11/7/2022) (mml)
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| Filing 56 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 Burberry Limited, Gianni Versace S.R.L., Louis Vutton Malletier, Hermes International. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Wallace, Kevin) |
| Filing 55 LETTER addressed to Judge Denise L. Cote from Kevin M. Wallace dated November 4, 2022 re: Status of Defendants. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 54 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 265 WEST 37TH STREET - 7TH FLOOR (GREY DOOR LEFT OF "DESIGN IN MOTION") on 8/3/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 53 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 126 MULBERRY STREET NEW YORK, NY 10013 on 8/3/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 52 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 124 MULBERRY STREET NEW YORK, NY 10013 on 8/3/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 51 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 49 MOTT STREET NEW YORK, NY 10013 on 6/27/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 50 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 265 WEST 37TH STREET - 7TH FLOOR (First) on 6/27/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 49 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 265 WEST 37TH STREET - 7fH FLOOR on 6/27/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 48 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 265 WEST 37TH STREET - 12TH FLOOR on 6/27/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 47 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 265 WEST 37TH STREET - 2N FLOOR on 6/27/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 46 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 234 CANAL STREET on 6/27/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 45 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 230B CANAL STREET on 6/27/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 44 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 230A CANAL STREET on 6/27/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
| Filing 43 CERTIFICATE OF SERVICE of SUMMONS AND COMPLAINT, DECLARATION OF KEVIN M. WALLACE, TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION,AND ALL SUPPORTING DOCUMENTS served on 224D CANAL STREET on 6/27/22. Service was accepted by VARIOUS JOHN DOES, JANE DOES, AND XYZ COMPANIES. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier..(Wallace, Kevin) |
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Filing 42
ORDER: A preliminary injunction hearing was held on August 11, 2022 regarding four of the defendants in this case. The four defendants who were ordered to show cause why a preliminary injunction should not issue did not appear. As set forth on the record, it is hereby ORDERED that the plaintiffs shall file a status letter by November 11 regarding the four defendants that were served and failed to appear at the August 11 hearing. So Ordered. ***This document was previously filed under seal in envelope 9 and unsealed by docket entry 10*** (Signed by Judge Denise L. Cote on 8/11/2022) (js)
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Filing 41
PRELIMINARY INJUNCTION ORDER: Accordingly, the Court concludes as a matter of law: This Court has jurisdiction over the subject matter of all counts of this action and over all the parties hereto; Plaintiffs have established a prima facie case of ownership of Plaintiffs' Federally Registered Trademarks; 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; 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 adequate relief to Plaintiffs for Defendants' continuing acts of counterfeiting and trademark infringement; 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 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: 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: From using Plaintiffs' Federally Registered Trademarks, including but not limited to: as further set forth in this order. 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 Court's 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. 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. All papers under seal in this action are now unsealed. 7. The Clerk of Court shall unseal this case and file all documents in the public record. So Ordered. ***This document was previously filed under seal in envelope 9 and unsealed by docket entry 10*** (Signed by Judge Denise L. Cote on 8/11/2022) (js)
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Filing 40
CORRECTED 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: From using Plaintiffs' Federally Registered Trademarks, including but not limited to: as further set forth in this order. 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 Court's 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. 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. So Ordered. ***This document was previously filed under seal in envelope 9 and unsealed by docket entry 10*** (Signed by Judge Denise L. Cote on 8/11/2022) (js)
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| Filing 39 PROPOSED PRELIMINARY INJUNCTION ORDER: Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 8 and unsealed by docket entry 10***.(js) |
| Filing 38 LETTER addressed to Judge Denise L. Cote from Kevin M. Wallace dated 8/10/2022 re: Counsel for Plaintiffs Burberry Limited et al. write in advance of the August 11, 2022 hearing to report on the successful civil seizure of counterfeit merchandise on August 3, 2022 and to submit a proposed Preliminary Injunction Order for Your Honor's consideration. On August 3, 2022, Plaintiffs successfully seized counterfeit merchandise at the four locations identified in the August 2, 2022 Seizure Order. In total, Plaintiffs seized almost 4,500 counterfeit items bearing Plaintiffs federally registered trademarks. Copies of the Summons, Amended Complaint, August 2 Seizure Order, and Declaration of Counsel were left at each of the four locations. Based on the August 3 civil seizure and the prior purchases and observations of counterfeit merchandise, Plaintiffs will request the Court enter the enclosed Preliminary Injunction Order against the defendants at these locations at the August 11 hearing. Please let us know if Your Honor requires anything further prior to the August 11 hearing. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 8 and unsealed by docket entry 10***.(js) Modified on 8/15/2022 (js). |
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Filing 37
TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION: It is hereby: ORDERED that the defendants doing business at 49 Mott Street, New York, NY 10013; 124 Mulberry Street, New York, NY 10013; 126 Mulberry Street, New York, NY 10013; and the Unmarked 7th Floor Room, Grey Door Left of "Design in Motion" Door, 265 West 37th Street, New York, New York 10018 (collectively, "Defendants") show cause before this Court at Courtroom 18B, United States District Courthouse, 500 Pearl Street, New York, New York, on the 11th day of August, 2022 at 1:30 p.m., or as soon thereafter as counsel can be heard, 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: Provisions as further set forth in this order. 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; as further set forth in this order. The Court has granted the foregoing Orders without prior written or oral notice to Defendants for the reasons set forth below: As further set forth in this order. So Ordered. ***This document was previously filed under seal in envelope 7 and unsealed by docket entry 10*** (Signed by Judge Denise L. Cote on 8/2/2022) (js)
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Filing 36
PRELIMINARY INJUNCTION ORDER: Accordingly, the Court concludes as a matter of law: This Court has jurisdiction over the subject matter of all counts of this action and over all the parties hereto; Plaintiffs have established a prima facie case of ownership of Plaintiffs' Federally Registered Trademarks; 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; 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 adequate relief to Plaintiffs for Defendants' continuing acts of counterfeiting and trademark infringement; 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 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: 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: All other provisions as further set forth in this order. So Ordered. ***This document was previously filed under seal in envelope 5 and unsealed by docket entry 10***. (Signed by Judge Denise L. Cote on 7/15/2022) (js)
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Filing 35
SEALED ORDER: A preliminary injunction hearing was held on July 15, 2022. The defendants in the above captioned action did not appear. As set forth on the record, it is hereby ORDERED that the plaintiffs shall file a status letter by November 11 regarding the seven defendants that have been served and failed to appear. IT IS FURTHER ORDERED that the transcript of the July 15 preliminary injunction hearing shall remain sealed until August 5. So Ordered. ***This document was previously filed under seal in envelope 5 and unsealed by docket entry 10***. (Signed by Judge Denise L. Cote on 7/15/2022) (js)
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| Filing 34 DECLARATION OF KEVIN M. WALLACE. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 4 and unsealed by docket entry 10***.(js) |
| Filing 33 AFFIDAVIT OF RAYMOND P. DOWD. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) |
| Filing 32 PROPOSED TEMPORARY RESTRAINING ORDER SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION: Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 4 and unsealed by docket entry 10***..(js) |
| Filing 31 SUMMONS ISSUED as to Jane Does, Various John Does, XYZ Companies. ***This document was previously filed under seal in envelope 4 and unsealed by docket entry 10***. (js) |
| Filing 30 AMENDED COMPLAINT amending #12 Complaint, against Jane Does, Various John Does, XYZ Companies.Document filed by Burberry Limited, Gianni Versace S.R.L., Louis Vutton Malletier, Hermes International. Related document: #12 Complaint. ***This document was previously filed under seal in envelope 4 and unsealed by docket entry 10***..(js) |
| Filing 29 LETTER addressed to Judge Denise L. Cote from Kevin M. Wallace dated 7/14/2022 re: We represent Plaintiffs Burberry Limited et al. in the above-referenced action. We write in advance of the July 15, 2022 hearing to report on the successful civil seizure of counterfeit merchandise on June 27, 2022 and request this action remain sealed for three additional weeks to allow Plaintiffs additional time to seize counterfeit merchandise at three locations Plaintiffs were unable to seize at under the June 23, 2022 Seizure Order. On June 27, 2022, Plaintiffs successfully seized counterfeit merchandise at seven of the ten locations identified in the June 23 Seizure Order. In total, Plaintiffs seized over 10,000 counterfeit items bearing Plaintiffs federally registered trademarks. Plaintiffs were unable, however, to conduct seizures at three locations: 49 Mott Street, 124 Mulberry Street, and 126 Mulberry Street. At the post-seizure hearing, given these three outstanding locations, Plaintiffs would typically request a renewed seizure order limited to these three locations. However, law enforcement is unavailable to assist with another civil seizure until early August. Further, recent police activity at one of these locations requires us to confirm that counterfeiting activity is ongoing at these locations before Plaintiffs can make a good faith request for a renewed seizure order. Plaintiffs therefore request this action remain sealed for the next three weeks allowing Plaintiffs time to re-investigate the three remaining locations to confirm ongoing counterfeiting activity and submit a request for a renewed seizure order. Plaintiffs already, separately, submitted a proposed Preliminary Injunction Order via email for Your Honor's consideration as to the seven locations from which Plaintiffs successfully seized counterfeit merchandise. Please let us know if Your Honor requires anything further prior to the July 15 hearing. Document filed by Burberry Limited. ***This document was previously filed under seal in envelope 4 and unsealed by docket entry 10***..(js) |
| Filing 28 TEMPORARY RESTRAINING ORDER & SEIZURE BOND Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 3 and unsealed by docket entry 10***. (js) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 27 DECLARATION OF KEVIN M. WALLACE. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) |
| Filing 26 DECLARATION OF LAURA FELSTEAD. Document filed by Gianni Versace S.R.L. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) |
| Filing 25 DECLARATION OF ERIC LACOMA. Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) |
| Filing 24 DECLARATION of JEAN-CLAUDE MASSON. Document filed by Hermes International, ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) Modified on 8/15/2022 (js). |
| Filing 23 DECLARATION OF JENNIFER HALTER Document filed by Burberry Limited, ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) |
| Filing 22 AFFIDAVIT OF ELIZABETH SCHULMAN: Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) |
| Filing 21 AFFIDAVIT of RAYMOND DOWD Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) |
| Filing 20 PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR AN EX PARTE TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, AND NOTICE SETTING PRELIMINARY INJUNCTION HEARING Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) |
| Filing 19 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 10***.(js) |
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Filing 18
TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION: it is hereby ordered that Defendants show cause before this Court at Courtroom 18B, United States District Courthouse, 500 Pearl Street, New York, New York, on the 15th day of July, 2022 at 10:00 a.m. or as soon thereafter as counsel can be heard, why a preliminary injunction, pursuant to Fed. R. C1v. 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: as further set forth in this order. It is further ordered ORDERED that a bond to be posted by Plaintiffs in the amount of $ 5,000.00 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 Accordingly, Plaintiffs are not responsible for any acts performed by Federal/Local Law Enforcement without its knowledge, direction, consent or control that exceed the scope and/or intent of this Order; and it is further ORDERED that, pursuant to 15 U.S.C. l116(d)(5)(C), any seizures authorized under this Order shall be made within seven (7) days of the date of entry, and pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure, all other relief authorized under this Order shall expire within fourteen (14) days of the date of the entry, unless before that time, the Court, for good cause, extends this period for an additional fourteen (14) days. Defendants are hereby put on notice that failure to attend the show cause hearing scheduled herein may result in the confirmation of the seizure authorized herein and the immediate issuance of the preliminary injunction, which may be deemed to take effect immediately upon the expiration or dissolution of the order herein, and shall extend during the pendency of this suit the same injunctive relief previously granted by the order. Defendants are hereby further notified that they may be deemed to have actual notice of the issuance and terms of such preliminary injunction, and that any act by them in violation of any of its terms may be considered and prosecuted as contempt of this Court. The Court has granted the foregoing Orders without prior written or oral notice to Defendants for the reasons set forth below: as further set forth in this order. So Ordered. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10*** (Signed by Judge Denise L. Cote on 6/23/2022) (js) Modified on 8/15/2022 (js).
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| Filing 17 [PROPOSED] TEMPORARY RESTRAINING ORDER; ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS ASSETS WITH THE FINANCIAL INSTITUTIONS; ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; ORDER AUTHORIZING BIFURCATED AND ALTERNATIVE SERVICE; AND ORDER AUTHORIZING EXPEDITED DISCOVERY: Document filed by Burberry Limited, Gianni Versace S.R.L., Hermes International, Louis Vutton Malletier. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10*** (js) |
| Filing 16 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 10***.(js) |
| Filing 15 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 10***.(js) (Main Document 15 replaced on 8/12/2022) (js). |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent LVMH Moet Hennessy Louis Vuitton SE for Louis Vutton Malletier. Document filed by Louis Vutton Malletier. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) (Main Document 14 replaced on 8/12/2022) (js). |
| Filing 13 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 10***.(js) |
| Filing 12 COMPLAINT against Jane Does, Various John Does, XYZ Companies. Document filed by Burberry Limited, Gianni Versace S.R.L., Louis Vutton Malletier, Hermes International. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) |
| Filing 11 CIVIL COVER SHEET filed.. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 10***.(js) |
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Filing 10
ORDER. As set forth in the August 11, 2022 Preliminary InjunctionOrder, all papers under seal in this action are now unsealed.Accordingly, it is herebyORDERED that the Clerk of Court shall unseal this case andfile all documents in the public record.SO ORDERED (Signed by Judge Denise L. Cote on 08/11/2022) (jus)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Show Cause Hearing held on 8/11/2022. (Court Reporter Kelly Surina) (jwh) |
| Filing 9 SEALED DOCUMENT placed in vault. (nmo) |
| Filing 8 SEALED DOCUMENT placed in vault. (nmo) |
| Filing 7 SEALED DOCUMENT placed in vault. (nmo) |
| Filing 6 SEALED DOCUMENT placed in vault..(jus) |
| Filing 5 SEALED DOCUMENT placed in vault..(jus) |
| Filing 4 SEALED DOCUMENT placed in vault..(jus) |
| 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 Andrew L. Carter, Jr on 06/22/2022) (jus)
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| Magistrate Judge Barbara C. Moses 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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