Christian Dior Couture SA v. Lin et al
| 1:2022cv10716 |
| February 1, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Trademark |
| 15 U.S.C. ยง 1051 Trademark Infringement |
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The following documents for this case are available for you to view or download:
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Filing
187
MEMO ENDORSEMENT denying as moot 179 Motion to Strike document from the record. ENDORSEMENT This motion is denied as moot, the Clerk of Court shall terminate ECF No. 179. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/16/2024) (jca)
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Filing
167
CONSENT JUDGMENT REGARDING GUO L. HUANG: Plaintiffs and Defendant have consented to the entry of this Consent Judgment and waive any and all tights of appeal. The Clerk of this Court is directed to enter this Consent Judgment forthwith, withou t further notice, but this action shall remain pending until further notice from the Court. The Court shall issue an award of statuto1y damages against Defendant and other relief to Plaintiffs as it deems just in due course. Guo L Huang terminated. (Signed by Judge Alvin K. Hellerstein on 11/13/2023) (ate)
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Filing
141
ORDER denying 127 Motion for Sanctions. For the reasons discussed during the status conference held on July 26, 2023, Plaintiffs' motion for sanctions is denied. The Clerk of Court shall terminate the open motion at ECF No. 127. (Signed by Judge Alvin K. Hellerstein on 8/24/2023) (ate)
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Filing
136
ORDER SCHEDULING DEPOSITIONS, IT IS HEREBY ORDERED, as follows: 1.Defendant Fei Y. Lu shall appear for her deposition at Dentons' New York Midtown office (1221 Avenue of the Americas, Floor 25, New York, NY 10020) on July 31, 2023 at 10:00 a.m.; 2.Defendant Guo L. Huang shall appear for his deposition at Dentons' New York Midtown office (1221 Avenue of the Americas, Floor 25, New York, NY 10020) on July 31, 2023 at 2:00 p.m.; 3.Defendant Xingyun Hu shall appear for his depositi on at Dentons' New York Midtown office (1221 Avenue of the Americas, Floor 25, New York, NY 10020) on August 1, 2023 at 10:00 a.m.; 4.Defendant Yu Hou Qu shall appear for his deposition at Dentons' New York Midtown office (1221 Avenue of the Americas, Floor 25, New York, NY 10020) on August 1, 2023 at 2:00 p.m.; 5.Defendant Cai Qin Xie shall appear for her deposition at Dentons' New York Midtown office (1221 Avenue of the Americas, Floor 25, New York, NY 10020) on August 4, 2 023 at 10:00 a.m.; 6. Defendant Xiaoliu Wang shall appear for her deposition at Dentons' New York Midtown office (1221 Avenue of the Americas, Floor 25, New York, NY 10020) on August 4, 2023 at 2:00 p.m.; 7. Defendant Xiaole Lin shall appear f or her deposition at her counsel's office (38-08 Union Street, Suite 9A, Flushing, NY 11354) on August 7, 2023 at 10:00 a.m.; 8. Defendant Xiaowei Gao shall appear for her deposition at her counsels office (38-08 Union Street, Suite 9A, Flushi ng, NY 11354) on August 7, 2023 at 2:00 p.m.; 9. Defendant Ming Li shall appear for his deposition at Dentons' New York Midtown office (1221 Avenue of the Americas, Floor 25, New York, NY 10020) on August 8, 2023 at 10:00 a.m.; 10. Defendant Yongchan Zhang shall appear for his deposition at Dentons' New York Midtown office (1221 Avenue of the Americas, Floor 25, New York, NY 10020) on August 8, 2023 at 2:00 p.m.; 11. Defendant Shun Miao Ding shall appear for his deposition at Dentons' New York Midtown office (1221 Avenue of the Americas, Floor 25, New York, NY 10020) on August 9, 2023 at 10:00 a.m. SO ORDERED. ( Deposition due by 8/9/2023.) (Signed by Judge Alvin K. Hellerstein on 7/27/23) (yv)
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Filing
134
SCHEDULING ORDER: In light of the pending motions, the status conference scheduled for July 21, 2023 is adjourned indefinitely. A new date for the status conference will be set in the Court's decisions on the pending motions. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/20/2023) (ks)
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Filing
126
SCHEDULING ORDER, The hearing on the Order to Show Cause scheduled for July 18, 2023, is adjourned to July 26, 2023 at 10:30 a.m. in Courtroom 14D, 500 Pearl Street, New York, NY 10007. The parties are ordered to appear for a status conference on J uly 21, 2023, at 10:00 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. Finally, no later than June 19, 2023, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Show Cause Hearing set for 7/26/2023 at 10:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/17/23) (yv)
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Filing
99
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material..., Motions terminated: 98 MOTION for Protective Order . filed by Louis Vuitton Malletier, Christian Dior Couture SA. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/3/23) (yv)
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Filing
71
PRELIMINARY INJUNCTION ORDER; ORDER CONTINUING THE RETENTION OF THE ITEMS SEIZED; AND ORDER AUTHORIZING EXPEDITED DISCOVERY, IT IS HEREBY ORDERED THAT, based upon the foregoing and for the reasons recorded on the record during the proceedings her ein, issuance of a Preliminary Injunction is warranted under 15 U.S.C. § 1116, 15 U.S.C. § 1125(c)(l), N.Y. Gen. Bus. Law§ 360-1, and Fed. R. Civ. P. 65(a), and Defendants Xiaole Lin, Timi Gift Shop, Inc., Shun Miao Ding, Guo L. Huan g, Xiaowei Gao, Xingyun Hu, Ming Li, Fei Y. Lu, Yongchan Zhang, Yu Hou Qu, Cai Qin Xie, Xiaoliu Wang a/Ida Li Li Wang, their agents, servants, employees, officers, and all other persons and entities in active concert or participation with them, i ncluding Defendant Xiuqian Chi, pending the final hearing and determination of this action, are hereby immediately PRELIMINARILY ENJOINED from: Using any of the Marks or any other Louis Vuitton trademarks, names, or designations in connection with the trafficking, manufacture, importation, exportation, advertising, marketing, promotion, distributing, offering for sale, and/or sales of any products: Committing any acts calculated to cause the public to believe that any Louis Vuitton-branded products are sold under the control or supervision of Louis Vuitton, when they are not; Selling, passing off, inducing, or enabling others to sell or pass off any products as Louis Vuitton products or as products produced by or for Louis Vuitton , which are not genuine Louis Vuitton goods, or are not sold under the control or supervision of Louis Vuitton and as further set forth in this Order. IT IS FURTHER ORDERED THAT, during the pendency of this Order, Louis Vuitton shall be authorize d to inspect any products trafficked, manufactured, imported, exported, distributed, advertised, marketed, promoted, offered, or sold by Defendants that bear the Marks for the purpose of determining whether they are genuine or counterfeit or infri nging, and thus to confirm whether Defendants are complying with this Order. IT IS FURTHER ORDERED THAT, during the pendency of this Order, Christian Dior's and Louis Vuitton's attorneys, private investigators, or agents, as substitute custodians for the Court, are authorized to retain all seized products and items identified in the Inventory Report. IT IS FURTHER ORDERED THAT, within thirty days after service of this Order on Defendants by Louis Vuitton, Defendants shall file w ith the Court and serve on counsel for Louis Vuitton a report in writing under oath setting forth in detail the manner and form in which the Defendant has complied with this Order. IT IS FURTHER ORDERED THAT, pending the final disposition of all c laims in this action, Defendants shall preserve all documents, electronically-stored information, and/or tangible things that may be relevant to the subject matter of, or reasonably calculated to lead to the discovery of admissible evidence in, thi s action or any of the claims asserted herein, and maintain them in an accessible form and place. IT IS FURTHER ORDERED THAT the bond or undertaking in the amount of $50,000 posted with the Clerk of Court by Louis Vuitton on February 3, 2023 remains sufficient to provide security for the payment of such costs and damages as may be incurred or suffered by any Defendant, if any, as a result of wrongful implementation of this Order, or any part thereof. IT IS FURTHER ORDERED THAT, pursua nt to Rules 26, 30, 33, and 34 of the Federal Rules of Civil Procedure, Plaintiffs may continue to conduct expedited discovery in this action as further set forth in this Order. IT IS FURTHER ORDERED THAT the Court will hold a conference, pursuant to Fed. R. Civ. P. 16(a), on April 7, 2023 at 10:00 a.m. in Courtroom 14D of the United States District Court for the Southern Dist1ict of New York, located at 500 Pearl Street, New York, NY, to discuss the status of discovery. The parties are dir ected to prepare and bling a proposed Civil Case Management Plan, using the form attached to Judge Hellerstein's Individual Rules. SO ORDERED. ( Status Conference set for 4/7/2023 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/14/23) (yv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
26
ORDER AUTHORIZING RETENTION OF PRODUCTS AND ITEMS SEIZED ON JANUARY 12, 2023. IT IS HEREBY ORDERED THAT, in accordance with 15 U.S.C. § 1116(d)(7), the Court's inherent equitable power to issue provisional remedies ancillary to its auth ority to provide final equitable relief, and for purposes of preventing consumer confusion in the marketplace, Christian Diors and Louis Vuitton's attorneys, private investigators, or agents, as substitute custodians for the Court, are authorized to retain all seized products and items identified in the Inventory Report during the pendency of this action, until further order of the Court. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/2/23) (yv)
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Filing
8
PRELIMINARY INJUNCTION ORDER. IT IS HEREBY ORDERED THAT, based upon the findings of fact and conclusions of law in Christian Dior's Motion for a Preliminary Injunction, issuance of a Preliminary Injunction is warranted under 15 U.S.C. § 1116, 15 U.S.C. § J 125(c)(J), N.Y. Gen. Bus. Law§ 360-1, and Fed. R. Civ. P. 65(a), and Defendants Xiaole Lin, Timi Gift Shop, Inc., Shun Miao Ding, Guo L. Huang, Xiaowei Gao, Xingyun Hu, Ming Li, Fei Y. Lu, Yongchan Zhang, Yu Hou Qu, C ai Qin Xie, Mei Lee, their agents, servants, employees, officers, and all other persons and entities in active concert or participation with them, including Xiuqian Chi and Xiaoliu Wang a/k/a Li Li Wang, pending the final hearing and determination of this action, are hereby immediately PRELIMINARILY ENJOINED from: Using any of the following trademarks and/or any other marks comprised of or incorporating the following marks (collectively, the "Marks") or any other Christian Dior trademarks, names, or designations in connection with the trafficking, manufacture, importation, exportation, advertising, marketing, promotion, distributing, offering for sale, and/or sales of any products as further set forth in this Order. Com mitting any acts calculated to cause the public to believe that any Christian Dior-branded products are sold under the control or supervision of Christian Dior, when they are not; Selling, passing off, inducing, or enabling others to sell or pass off any products as Christian Dior products or as produced by or for Christian Dior, which are not genuine Christian Dior's goods, or are not sold under the control or supervision of Christian Dior; Trafficking, manufacturing, importing, dis tributing, advertising, marketing, promoting, offering for sale, and/or selling counterfeit or infringing versions of Christian Dior branded products ("Counterfeit Products"), or any labels, stickers, tags, signs, prints, wappers, packa ging, literature, and all other materials bearing the Marks or any other Christian Dior trademarks, and all plates, molds or other means for marking the same, directly or indirectly and as further set forth in this Order. IT IS FURTHER ORDERED THA T, during the pendency of this Order, Christian Dior shall be authorized to inspect any products trafficked, manufactured, imported, exported, distributed, advertised, marketed, promoted, offered, or sold by Defendants that bear the Marks for the purpose of determining whether they are genuine or counterfeit or infringing, and thus to confirm whether Defendants are complying with this Order. IT IS FURTHER ORDERED THAT, within thirty days after service of this Order on Defendants by Christ ian Dior, Defendants shall file with the Court and serve on counsel for Christian Dior a report in writing under oath setting forth in detail the manner and form in which the Defendant has complied with this Order. IT IS FURTHER ORDERED THAT, upon written notice to the Court and Christian Dior's counsel, any Defendant or affected third party may, upon proper showing, appear and move for dissolution or modification of the provisions of this Order. IT IS FURTHER ORDERED THAT, pending the final disposition of all claims in this action, Defendants shall preserve all documents, electronically-stored information, and/or tangible things that may be relevant to the subject matter of, or reasonably calculated to lead to the discovery of admissible evidence in, this action or any of the claims asserted herein, and maintain them in an accessible form and place. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/1/23) (yv)
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