Advance Magazine Publishers Inc. v. Graham et al
| Advance Magazine Publishers Inc. doing business as Conde Nast |
| Aubrey Drake Graham, Sheyaa Bin Abraham-Joseph and Hiltzik Strategies, LLC |
| 1:2022cv09517 |
| November 7, 2022 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on February 2, 2023. A more recent docket listing may be available from PACER.
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Filing 46
STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED, by and between the parties through their respective undersigned counsel, as follows: 1. The deadline for joinder of additional parties shall be extended up through and including February 14, 2023. 2. All other deadlines set forth in the CMP shall remain in place. 3. This Stipulation may be signed in counterparts, each of which shall be deemed an original and, when combined with the other(s), shall constitute one and the same instrument. Scanned and electronic copies of signatures shall have the same effect as ink signed originals. SO ORDERED. (Joinder of Parties due by 2/14/2023.) (Signed by Judge Jed S. Rakoff on 2/1/2023) (kv)
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Filing 45
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/30/2023) (kv)
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Filing 44
ENDORSED LETTER addressed to Judge Jed S. Rakoff from Frank D. D'Angelo dated 12/20/2022 re: In view of the foregoing circumstances, we respectfully request that Your Honor order, by letter endorsement, that the Complaint and accompanying exhibits filed at DE 2 be designated as the operative pleading, replacing in full the Complaint filed at DE 1. ENDORSEMENT: SO ORDERED.. (Signed by Judge Jed S. Rakoff on 12/20/2022) (kv)
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| Filing 43 PROPOSED STIPULATION AND ORDER. Document filed by Aubrey Drake Graham..(Charron, William) |
| Filing 42 NOTICE OF APPEARANCE by Andrew Louis Lee on behalf of Hiltzik Strategies, LLC..(Lee, Andrew) |
| Filing 41 NOTICE OF APPEARANCE by Lazar William Sterling-Jackson on behalf of Aubrey Drake Graham..(Sterling-Jackson, Lazar) |
| Filing 40 NOTICE OF APPEARANCE by William Laurence Charron on behalf of Aubrey Drake Graham..(Charron, William) |
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Filing 39
ORDER granting #37 Motion for Ashley Rose Yeargan to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 12/6/2022) (ate)
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Filing 38
ORDER granting #36 Motion for Stanton Stein to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 12/6/2022) (ate)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Stanton Stein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27036316. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for ASHLEY ROSE YEARGAN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27036359. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 37 MOTION for ASHLEY ROSE YEARGAN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27036359. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aubrey Drake Graham..(Meloni, Robert) Modified on 12/5/2022 (aea). Modified on 12/5/2022 (aea). |
| Filing 36 MOTION for Stanton Stein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27036316. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aubrey Drake Graham..(Meloni, Robert) |
| Filing 35 NOTICE of Substitution of Attorney. Old Attorney: Robert S. Meloni, New Attorney: J. Douglas Baldridge, Address: VENABLE LLP, 600 Massachusetts Avenue, NW, Washington, DC, USA 20001, (310) 344-4000. Document filed by Sheyaa Bin Abraham-Joseph..(Meloni, Robert) |
| Filing 34 ACKNOWLEDGMENT OF SERVICE. All Defendants. Service was accepted by Counsel of Record. Document filed by Aubrey Drake Graham..(Meloni, Robert) |
| Filing 33 CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Amended Pleadings due by 11/30/2022. Joinder of Parties due by 1/31/2023. Motions due by 6/15/2023. Responses due by 6/29/2023 Replies due by 7/6/2023. Deposition due by 5/5/2023. Discovery due by 5/5/2023. Final Pretrial Conference set for 7/13/2023 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 10/10/2023. (Signed by Judge Jed S. Rakoff on 11/22/2022) (kv) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 11/22/2022, ( Final Pretrial Conference set for 7/13/2023 at 04:00 PM before Judge Jed S. Rakoff., Jury Trial set for 10/23/2023 at 09:30 AM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
| Filing 32 NOTICE OF APPEARANCE by Maria Rose Sinatra on behalf of Sheyaa Bin Abraham-Joseph..(Sinatra, Maria) |
| Filing 31 NOTICE OF APPEARANCE by James Douglas Baldridge on behalf of Sheyaa Bin Abraham-Joseph..(Baldridge, James) |
| Filing 30 NOTICE OF COURT CONFERENCE: Initial Conference set for 12/22/2022 at 03:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 11/17/2022) (kv) |
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Filing 29
PRELIMINARY INJUNCTION ON CONSENT: IT IS HEREBY STIPULATED AND AGREED: 1. This Court has jurisdiction over the subject matter herein and has personal jurisdiction over Defendants. 2. Conde Nast owns valid U.S. registrations for trademarks comprised of the word "Vogue" and/or its well-known logo, including Reg. Nos. 0,069,530, 0,125,542, 0,504,006, 1,336,659, 2,592,452, 3,069,976, 4,138,408, 4,964,883, 4,964,884, 5,915,018, and 6,324,126 (collectively, the "VOGUE Mark"), certain of which are incontestable. 3. Without Conde Nast's authorization, Defendants Drake and 21 Savage and those acting in concert with them have created, distributed and disseminated the Cover and Magazine to the general public, including by posting the images of the Cover to social media, posting physical posters of the Cover, and by distributing copies of the Magazine in New York and other metropolitan areas across North America. WHEREFORE, THE COURT ADJUDGES AND ORDERS THAT: 1. IT IS HEREBY ORDERED THAT pending the resolution of this action, Defendants and all other Retrained Parties are hereby: a. Enjoined and restrained from using, displaying, disseminating, or distributing copies or images of the Cover and Magazine; b. Enjoined and restrained from using, displaying, disseminating, or distributing the VOGUE Mark, or any mark that is confusingly similar to, or a derivation or colorable imitation of, the VOGUE Mark (collectively, the "Prohibited Marks"), for commercial purposes, including, without limitation, to advertise, market, or promote the album Her Loss; c. Enjoined and restrained from using, displaying, disseminating, or distributing the name, image or likeness of Anna Wintour, Vogue's Editor-in Chief, for commercial purposes, including, without limitation, to advertise, market, or promote the album Her Loss; d. Enjoined and restrained from making, using, displaying, disseminating, or distributing the false or misleading statements or misrepresentations concerning the Magazine, the Cover and/or Drake and 21 Savage's participation or appearance in Vogue magazine; e. Enjoined and restrained from instructing, assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in the above subparagraphs and/or taking any action that contributes to any of the activities referred to the above subparagraphs; as further set forth herein. For the avoidance of doubt, the foregoing injunction shall not apply to anyone other than Defendants and the Restrained Parties. The undertaking in the amount of $10,000 dated November 9, 2022 and entered on November 14, 2022 (DE 25) shall be deemed sufficient to secure the TRO and this preliminary injunction. IT IS SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/17/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 28 CERTIFICATE OF SERVICE of Subpoenas to Testify and Subpoena for Production of Documents served on Matthew Hiltzik (CEO of Hiltzik Strategies, LLC); Hiltzik Strategies, LLC; and Melissa Nathan (Executive VP of Hiltzik Strategies, LLC); on 11/11/2022, 11/14/2022. Service was accepted by Attorney for Defendant Hiltzik Strategies, LLC, and its Officers: Andy Lee. Service was made by electronic mail. Document filed by Advance Magazine Publishers Inc...(Hwang, Wook) |
| Filing 27 NOTICE OF APPEARANCE by Robert Stephen Meloni on behalf of Sheyaa Bin Abraham-Joseph, Aubrey Drake Graham..(Meloni, Robert) |
| Filing 26 PROPOSED CONSENT ORDER. Document filed by Advance Magazine Publishers Inc...(Hwang, Wook) |
| Filing 25 Undertaking on Preliminary Injunction/Temporary Restraining Order BOND # 810013934 in the amount of $ 10,000 posted by Advance Magazine Publishers Inc..(nd) |
| Filing 24 CERTIFICATE OF SERVICE of Subpoenas to Testify and Subpoenas for the Production of Documents served on Aubrey Drake Graham p/k/a Drake and Sheyaa Bin Abraham-Joseph p/k/a 21 Savage on 11/10/2022. Service was accepted by Attorneys for Defendants: Stanton "Larry" Stein, Robert S. Meloni, Irene Lee, and Nathan D. Meyer. Service was made by electronic mail. Document filed by Advance Magazine Publishers Inc...(D'Angelo, Frank) |
| Filing 23 AFFIDAVIT OF SERVICE of Complaint, with initiating papers, and Temporary Restraining Order and Order to Show Cause for Prelminary Injunction, with supporting papers served on Hiltzik Strategies, LLC on 11/09/2022. Service was accepted by Michael Lawrence. Service was made by personal delivery. Document filed by Advance Magazine Publishers Inc...(Hwang, Wook) |
| Filing 22 AFFIDAVIT OF SERVICE of Complaint, with initiating papers, and Temporary Restraining Order and Order to Show Cause for Prelminary Injunction, with supporting papers served on Aubrey Drake Graham p/k/a Drake and Sheyaa Bin Abraham-Joseph p/k/a 21 Savage on 11/09/2022. Service was accepted by Attorneys for Defendants: Stanton "Larry" Stein, Robert S. Meloni, Irene Lee, and Nathan D. Meyer. Service was made by electronic mail. Document filed by Advance Magazine Publishers Inc...(Hwang, Wook) |
| Filing 21 NOTICE of of Undertaking on Preliminary Injunction/Temporary Restraining Order (Bond) - Original to be lodged with the Clerk of Court re: #18 Order to Show Cause, Set Deadlines,,,,,,,,,,,,,,,,. Document filed by Advance Magazine Publishers Inc...(Hwang, Wook) |
| Filing 20 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)..(sj) |
| Filing 19 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Hwang, Wook) |
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Filing 18
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: filed by Advance Magazine Publishers Inc. IT IS HEREBY ORDERED THAT pending the hearing and determination of Conde Nast's application for a preliminary injunction, Defendants, Defendants' officers, agents, servants, employees, and attorneys, and all other persons who are in active concert or participation with Defendants or any of the foregoing individuals, who receive notice directly or otherwise (collectively, the "Restrained Parties") are hereby: Enjoined and restrained from using displaying, disseminating, or distributing copies or images of the Counterfeit Magazine or Counterfeit Cover; as further set forth herein. Defendants shall show cause as to why, pursuant to F.R.C.P. 65, Conde Nast should not be granted a preliminary injunction extending the terms of the temporary restraining order granted herein and set forth above during the pendency of this action. Show Cause Hearing set for 11/22/2022 at 03:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. Show Cause Response due by 11/3/2022. Replies due by 11/21/2022. Meanwhile, Plaintiff must file a bond with the Clerk of the Court in the amount of $10,000 by no later than 11/14/22. Defendants are hereby put on notice that failure to attend the show cause hearing scheduled herein shall result in the immediate issuance of a preliminary injunction, which shall be deemed to take effect immediately upon the expiration or dissolution of the temporary restraining order herein, and shall extend during the pendency of this suit the injunctive relief provided in this Order. Defendants are hereby further notified that Defendants shall be deemed to have actual notice of the terms and issuance of such preliminary injunction, and that any act by Defendants in violation of any of its terms may be considered and prosecuted as contempt of the Court. (Signed by Judge Jed S. Rakoff on 11/9/2022) (tro) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 17 ELECTRONIC SUMMONS ISSUED as to Sheyaa Bin Abraham-Joseph..(jgo) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Hiltzik Strategies, LLC..(jgo) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Aubrey Drake Graham..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Jennifer Willis 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff:. Show Cause Hearing set for 11/22/2022 at 03:00 PM before Judge Jed S. Rakoff in courtroom 14B of 500 Pearl Street.. (Kotowski, Linda) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Wook J Hwang 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. (jgo) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #10 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (tp) |
| Filing 14 DECLARATION of Christiane Mack in Support re: #10 Proposed Order to Show Cause With Emergency Relief,. Document filed by Advance Magazine Publishers Inc.. (Attachments: #1 Exhibit 1-A - Sample Vogue Cover, #2 Exhibit 1-B - Sample Vogue Cover, #3 Exhibit 1-C - Sample Vogue Cover, #4 Exhibit 1-D - Sample Vogue Cover, #5 Exhibit 1-E - Sample Vogue Cover, #6 Exhibit 1-F - Sample Vogue Cover, #7 Exhibit 1-G - Sample Vogue Cover, #8 Exhibit 1-H -Sample Vogue Cover, #9 Exhibit 1-I - Sample Vogue Cover, #10 Exhibit 1-J - Sample Vogue Cover, #11 Exhibit 1-K - Sample Vogue Cover, #12 Exhibit 1-L - Sample Vogue Cover, #13 Exhibit 1-M - Sample Vogue Cover, #14 Exhibit 1-N -Sample Vogue Cover, #15 Exhibit 1-O - Sample Vogue Cover, #16 Exhibit 1-P - Sample Vogue Cover, #17 Exhibit 1-Q - Sample Vogue Cover, #18 Exhibit 2 - Nov. 2022 Cover Photo).(Hwang, Wook) |
| Filing 13 DECLARATION of Christopher P. Donnellan in Support re: #10 Proposed Order to Show Cause With Emergency Relief,. Document filed by Advance Magazine Publishers Inc.. (Attachments: #1 Exhibit 1 - Trademark registrations, #2 Exhibit 2 - Hiltzik Email, #3 Exhibit 3 - Correspondence with Larry Stein, #4 Exhibit 4 - Posters with Counterfeit Cover, #5 Exhibit 5-A - Scanned Copy of Counterfeit Magazine (Part 1), #6 Exhibit 5-B - Scanned Copy of Counterfeit Magazine (Part 2), #7 Exhibit 6 - Hard Copy of Counterfeit Magazine (to be submitted)).(Hwang, Wook) |
| Filing 12 DECLARATION of Wook Hwang in Support re: #10 Proposed Order to Show Cause With Emergency Relief,. Document filed by Advance Magazine Publishers Inc.. (Attachments: #1 Exhibit A - Initial Twitter Post, #2 Exhibit B - Instagram Announcement, #3 Exhibit C - Tweet with Posters, #4 Exhibit D - Tweet with Newsstand Photo, #5 Exhibit E - Tweets with Locations of Magazine Distribution, #6 Exhibit F - Tweet with Purchase of Counterfeit Magazine, #7 Exhibit G - Press Coverage of Counterfeit Cover and Magazine, #8 Exhibit H - Wikipedia Page for Vogue Cover Models, #9 Exhibit I - KTT2 Conversation Thread, #10 Exhibit J - Collected Twitter Comments, #11 Exhibit K - Post-Demand Instagram Stories).(Hwang, Wook) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 Proposed Order to Show Cause With Emergency Relief, for a Temporary Restraining Order and Prelminary Injunction. Document filed by Advance Magazine Publishers Inc...(Hwang, Wook) |
| Filing 10 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Advance Magazine Publishers Inc.. Related Document Number: #2 ..(Hwang, Wook) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Hiltzik Strategies, LLC, re: #2 Complaint,,. Document filed by Advance Magazine Publishers Inc...(Hwang, Wook) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Sheyaa Bin Abraham-Joseph p/k/a 21 Savage, re: #2 Complaint,,. Document filed by Advance Magazine Publishers Inc...(Hwang, Wook) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Aubrey Drake Graham p/k/a Drake, re: #2 Complaint,,. Document filed by Advance Magazine Publishers Inc...(Hwang, Wook) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Advance Publications, Inc. for Advance Magazine Publishers Inc.. Document filed by Advance Magazine Publishers Inc...(Hwang, Wook) |
| Filing 5 NOTICE OF APPEARANCE by Mary Jean Kim on behalf of Advance Magazine Publishers Inc...(Kim, Mary Jean) |
| Filing 4 NOTICE OF APPEARANCE by Frank David D'Angelo on behalf of Advance Magazine Publishers Inc...(D'Angelo, Frank) |
| Filing 3 CIVIL COVER SHEET filed..(Hwang, Wook) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE COMPLAINT against Sheyaa Bin Abraham-Joseph, Aubrey Drake Graham, Hiltzik Strategies, LLC. Document filed by Advance Magazine Publishers Inc.. (Attachments: #1 Exhibit A - Trademark registrations, #2 Exhibit B - Instagram Post, #3 Exhibit C - Instagram Announcements, #4 Exhibit D - Tweet with Newsstand Photo, #5 Exhibit E - Hiltzik Email, #6 Exhibit F - Tweets with Locations of Magazine Distribution, #7 Exhibit G - Press Coverage of Counterfeit Cover and Magazine, #8 Exhibit H - Post-Demand Instagram Stories).(Hwang, Wook) Modified on 11/9/2022 (jgo). |
| Filing 1 COMPLAINT against Sheyaa Bin Abraham-Joseph, Aubrey Drake Graham, Hiltzik Strategies, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26931342)Document filed by Advance Magazine Publishers Inc...(Hwang, Wook) |
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