Merch Traffic, LLC v. Does 1-100 et al
| Merch Traffic, LLC |
| John Does 1-100, Jane Does 1-100 and XYZ Company |
| 1:2023cv06021 |
| July 13, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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Filing 21
PRELIMINARY INJUNCTION AND RESTRAINING ORDER: Plaintiff has established a likelihood of success on the merits. Plaintiff has established that it is likely to suffer irreparable injury in the absence of an injunction. Plaintiff has also shown the balance of hardships favors it, due to the hardship caused by the Defendants' infringement and the lack of any hardship to Defendants in having to comply with copyright law. Finally, issuance of the injunction would serve the public interest, because it would dispel public confusion and because respect for intellectual property rights is in the public interest. NOW, THEREFORE, IT IS HEREBY ORDERED, that the defendants, their agents, employees, representatives, attorneys, successors, and assigns, and all persons, firms, and corporations acting in active concert or participation with said defendants, are enjoined and restrained as further set forth. IT IS FURTHER ORDERED, that the bond previously deposited with the Clerk of this Court to secure payment of costs incurred in enforcing the provisions of the temporary restraining order and any damages sustained by any party who is found to have been wrongfully enjoined thereby is continued until final disposition of this matter. So Ordered. (Signed by Judge Lorna G. Schofield on 8/4/2023) (mml) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 20 LETTER addressed to Judge Lorna G. Schofield from Cara R. Burns dated August 3, 2023 re: OSC re PI & SO. Document filed by Merch Traffic, LLC. (Attachments: #1 Proposed Order for a further TRO & SO).(Burns, Cara) |
| Filing 19 DECLARATION of Emily Holt in Support of a Preliminary Injunction and Seizure Order to Issue . Document filed by Merch Traffic, LLC. (Attachments: #1 Proposed Order for Preliminary Injunction and Seizure Order, #2 Exhibit B - Photos of Defendant Bootleggers, #3 Exhibit C - Photos of Infringing Merchandise, #4 Exhibit D - Proofs of Service on Defendant Bootleggers).(Burns, Cara) |
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Filing 18
FURTHER TEMPORARY RESTRAINING ORDER; SEIZURE ORDER; AND AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION AND SEIZURE ORDER SHOULD NOT ISSUE IT IS HEREBY ORDERED that defendants, John Does 1-100, Jane Does 1-100 and XYZ Company their true identities being unknown (collectively "Defendants"), show cause before the Honorable Lorna G. Schofield, United States District Court Judge, on August 3, 2023, at 3:00 P.M., by dialing the conference call line at 888-363-4749 and using access code 558-3333, whyan order pursuant to the Lanham Act 15 U.S.C. 1051 et. seq., Fed. R. Civ. P. Rule 65, and the All Writs Act 28 U.S.C. 1651 should not be entered granting to Plaintiff, Merch Traffic, LLC, a preliminary injunction to enjoin the Defendants from manufacturing, distributing, selling or holding for sale, any clothing, jewelry, photographs, posters and other merchandise (collectively the "Infringing Merchandise") and to seize the same bearing the federally registered trademarks, service marks, likenesses, logos and other indicia of the Artist, "DRAKE" (collectively, the "Artists Trademarks"). AND IT IS FURTHER ORDERED that this order be and is hereby conditioned upon Plaintiff's filing with the Clerk of this Court an undertaking in the form of a bond, certified check, or cash in the amount of $ 25,000 no later than July 21, 2023, to secure the payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby; AND IT IS FURTHER ORDERED that Defendants' responsive papers, if any, shall be filed with the Clerk of this Court and served upon the attorneys for Plaintiff by delivering copies to its counsel on or before August 2, 2023 by 3 p.m., or as may be set by this Court if a request for a different hearing date is requested by Defendant as set forth on page 1 of this Order. Any reply shall be filed by the Plaintiff and served upon each appearing defendant or his/her counsel on or before August 3, 2023 by 10:00 a.m. Plaintiff is to provide copies of all other filed pleadings at the request of any identified defendant; AND IT IS FURTHER ORDERED that this Order is in addition to the July 17, and July 24, 2023 orders, which shall remain in full force and effect as set forth in said orders. IT IS SO ORDERED. (Replies due by 8/3/2023., Telephone Conference set for 8/3/2023 at 03:00 PM before Judge Lorna G. Schofield.) Show Cause Response due by 8/2/2023. (Signed by Judge Lorna G. Schofield on 7/31/2023) (jca)
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| Transmission to Finance Unit (Cashiers). Transmitted re: #18 Order to Show Cause, to the Finance Unit (Cashiers) for case processing..(jca) |
| Filing 17 LETTER addressed to Judge Lorna G. Schofield from Cara Burns & Mark Bradford dated 7/27/2023 re: TRO & SO. Document filed by Merch Traffic, LLC. (Attachments: #1 Proposed Order per ECF #16).(Burns, Cara) |
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Filing 16
FURTHER TEMPORARY RESTRAINING ORDER; SEIZURE ORDER; AND AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION AND SEIZURE ORDER SHOULD NOT ISSUE: IT IS HEREBY ORDERED that defendants, John Does 1-100, Jane Does 1-100 and XYZ Company their true identities being unknown (collectively "Defendants"), show cause before the Honorable Lorna G. Schofield, United States District Court Judge, on August 3, 2023, at 3:00 P.M., by dialing the conference call line at 888-363-4749 and using access code 558-3333 why an order pursuant to the Lanham Act 15 U.S.C. 1051 et. seq., Fed. R. Civ. P. Rule 65, and the All Writs Act 28 U.S.C. 1651 should not be entered granting to Plaintiff, Merch Traffic, LLC, a preliminary injunction to enjoin the Defendants from manufacturing, distributing, selling or holding for sale, any clothing, jewelry, photographs, posters and other merchandise (collectively the "Infringing Merchandise") and to seize the same bearing the federally registered trademarks, service marks, likenesses, logos and other indicia of the Artist, "DRAKE" (collectively, the "Artist's Trademarks"), as further set forth. AND IT IS FURTHER ORDERED that this order be and is hereby conditioned upon Plaintiff's filing with the Clerk of this Court an undertaking in the form of a bond, certified check, or cash in the amount of $ 25,000 no later than July 21, 2023, to secure the payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby, as further set forth. AND IT IS FURTHER ORDERED that this Order will expire 14 days after entry unless extended by the Court for good cause; and AND IT IS FURTHER ORDERED that this Order is in addition to the July 17, 2023 order, which shall remain in full force and effect as set forth in said order. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 7/24/2023) (mml)
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Filing 15
ORDER granting #14 Motion for Cara R. Burns to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Filing 14 MOTION for Cara R. Burns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28034268. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Merch Traffic, LLC. (Attachments: #1 Exhibit Cert of Good Stdg, #2 Text of Proposed Order for PHV Admission, #3 Affidavit of CRB in Support of PHV Motion).(Burns, Cara) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Cara R. Burns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28034268. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 13 LETTER addressed to Judge Lorna G. Schofield from Mark Bradford & Cara Burns dated July 20, 2023 re: Per ECF #12. Document filed by Merch Traffic, LLC. (Attachments: #1 Text of Proposed Order As Per ECF #12).(Burns, Cara) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #12 Order to Show Cause dated 7/17/2023, from Judge Lorna G. Schofield, received $25,000.00 from Merch Traffic LLC Receipt Number 18915 on 7/20/2023..(jkr) |
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Filing 12
TEMPORARY RESTRAINING ORDER; SEIZURE ORDER; AND AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION AND SEIZURE ORDER SHOULD NOT ISSUE: IT IS HEREBY ORDERED that defendants, John Does 1-100, Jane Does 1-100 and XYZ Company their true identities being unknown (collectively "Defendants"), show cause why an order pursuant to the Lanham Act 15 U.S.C. 1051 et. seq., Fed. R. Civ. P. Rule 65, and the All Writs Act 28 U.S.C. 1651 should not be entered granting to Plaintiff, Merch Traffic, LLC, a preliminary injunction to enjoin the Defendants from manufacturing, distributing, selling or holding for sale, any clothing, jewelry, photographs, posters and other merchandise (collectively the "Infringing Merchandise") and to seize the same bearing the federally registered trademarks, service marks, likenesses, logos and other indicia of the Artist, "DRAKE" (collectively, the "Artists Trademarks"), as further set forth. AND IT IS FURTHER ORDERED that the United States Marshal for this District, the state police, local police or local deputy sheriffs are hereby authorized to seize and impound any and all Infringing Merchandise bearing any or all of the Artist's Trademarks (namely of "DRAKE"), which defendants attempt to sell or are holding for sale, including from any carton, container, vehicle, or other means of carriage in which the Infringing Merchandise is found from four (4) hours before to four (4) hours after any performance of the tour within a four (4) mile vicinity of the halls, stadiums or arenas at which the Artist's tour shall be performing, including and limited to in connection with the concerts to be held on July 23, July 25, and July 26, 2023 at Madison Square Garden in New York, New York; and the other Drake concerts listed in Exhibit A of the Holt Declaration. Pursuant to 15 U.S.C. 1116(d), this seizure provision will expire seven days from the issuance of this Order. Plaintiffs may file a letter seeking to renew the seizure provision no later than two (2) days prior to its expiration. AND IT IS FURTHER ORDERED that this order be and is hereby conditioned upon Plaintiff's filing with the Clerk of this Court an undertaking in the form of a bond, certified check, or cash in the amount of $25,000 no later than July 21, 2023, to secure the payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby, as further set forth. AND IT IS FURTHER ORDERED that Defendants' responsive papers, if any, shall be filed with the Clerk of this Court and served upon the attorneys for Plaintiff by delivering copies to its counsel on or before 7/28/2023. Any reply shall be filed by the Plaintiff and served upon each appearing defendant or his/her counsel on or before 8/1/2023. Plaintiff is to provide copies of all other filed pleadings at the request of any identified defendant; AND IT IS FURTHER ORDERED that any defendant who is hereafter served with a copy of this order who objects to the provisions hereof may submit his or her objections to this Court or otherwise move for relief from this Court according to the Federal Rules of Civil Procedure, including that pursuant to F.R.C.P. Rule 65 (b)(4), any defendant can apply to this Court to modify or dissolve this Order on two (2) days' notice or shorter notice as this Court may allow, but no such application shall serve to suspend this Order or to stay its terms unless otherwise ordered by this Court. This Order will expire 14 days after entry unless extended by the Court for good cause. (Show Cause Response due by 7/28/2023. Replies due by 8/1/2023. Telephone Conference set for 8/3/2023 at 03:00 PM before Judge Lorna G. Schofield, by dialing the conference call line at 888-363-4749 and using access code 558-3333.) (Signed by Judge Lorna G. Schofield on 7/17/2023) (mml) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 11 DECLARATION of Cara Burns (Pursuant to FRCP Rule 65, etc.) in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Merch Traffic, LLC. (Attachments: #1 Exhibit A - Prior Artist Seizure Orders (incl SD NY), #2 Exhibit B - Prior SD NY Seizure Orders, #3 Exhibit C - Prior NY Seizure Orders, #4 Exhibit D - Prior Other Seizure Orders).(Bradford, Mark) |
| Filing 10 DECLARATION of Emily Holt in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Merch Traffic, LLC. (Attachments: #1 Exhibit A - Tour Dates, #2 Exhibit B - Autho Merch, #3 Exhibit C- Bootleggers, #4 Exhibit D - Examples of Infringing Shirts, #5 Exhibit E - Bootleggers Observed).(Bradford, Mark) |
| Filing 9 MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief, . Document filed by Merch Traffic, LLC..(Bradford, Mark) |
| Filing 8 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)..(jgo) |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Merch Traffic, LLC. (Attachments: #1 Text of Proposed Order for a TRO & SO etc).(Bradford, Mark) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 6 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Bradford, Mark) |
| Filing 5 NOTICE OF APPEARANCE by Mark Dana Bradford on behalf of Merch Traffic, LLC..(Bradford, Mark) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Live Nation Entertainment, Inc. (LYV) for Merch Traffic, LLC. Document filed by Merch Traffic, LLC..(Bradford, Mark) |
| Filing 3 CIVIL COVER SHEET filed..(Bradford, Mark) |
| Filing 2 FILING ERROR - PDF ERROR - AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Bradford, Mark) Modified on 7/13/2023 (jgo). |
| Filing 1 COMPLAINT against Jane Does 1-100, John Does 1-100, XYZ Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-27994398)Document filed by Merch Traffic, LLC..(Bradford, Mark) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (tp) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Ona T. Wang 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark Dana Bradford. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
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