Merch Traffic, LLC v. Does 1-100 et al
| Merch Traffic, LLC |
| John Does 1-100, Jane Does 1-100 and XYZ Company |
| 1:2023cv06794 |
| August 3, 2023 |
| US District Court for the Southern District of New York |
| Louis L Stanton |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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| Minute Entry for proceedings held before Judge Louis L. Stanton: Show Cause Hearing held on 8/16/2023. (Court Reporter Andrew Walker) (ml) |
Filing 15
PRELIMINARY INJUNCTION AND RESTRAINING ORDER: 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 from: (A) Using any or all of the Group's Trademarks, in connection with the sale, offering for sale, distribution, and/or advertising of any clothing or other merchandise; (B) Manufacturing, distributing, selling, and/or holding for sale any clothing or other merchandise which carries or otherwise uses any or all of the Group's Trademarks; or (c) Aiding, abetting, inducing, or encouraging another to perform any of the acts enjoined herein. IT IS FURTHER ORDERED, that all infringing items seized in this action be delivered up to the Plaintiff or the persons designated above, pending final disposition of this matter. 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. IT IS SO ORDERED. (Signed by Judge Louis L. Stanton on 8/16/2023) (ate) Transmission to Finance Unit (Cashiers) for processing.
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Filing 14
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Cara Rebecca Burns for Merch Traffic, LLC admitted Pro Hac Vice. (Signed by Judge Louis L. Stanton on 8/16/2023) (ate)
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| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MOTION for Cara R. Burns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28154407. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Merch Traffic, LLC. (Attachments: #1 Exhibit Certificate of Good Standg, #2 Proposed Order for PHV Admission, #3 Exhibit Affidavit of CB).(Burns, Cara) Modified on 8/16/2023 (dsh). |
| Filing 12 DECLARATION of Emily Holt re: #6 Proposed Order to Show Cause With Emergency Relief, #11 Order to Show Cause,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,, . Document filed by Merch Traffic, LLC. (Attachments: #1 Proposed Order A - for PI & Seizure Order, #2 Exhibit B -Bootlgrs, #3 Exhibit C - Infring Merch, #4 Exhibit D - Proofs of Service).(Burns, Cara) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for Cara R. Burns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28154407. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Missing Notarized Affidavit;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (dsh) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #11 Order to Show Cause, Set Deadlines/Hearings dated 8/3/2023, from Judge Louis L. Stanton, received $15,000 from Merch Traffic LLC Receipt Number 19551 on 8/8/2023..(jkr) |
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Filing 11
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 Louis L. Stanton United States District Court Judge, in the United States District Court for the Southern District of New York, located at 500 Pearl Street, New York, New York at 2:30 p.m. pm August 16, 2023 2023 or as soon thereafter as counsel can be heard, 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 Group, "JONAS BROTHERS" (collectively, the "Group's Trademarks"). AND IT IS FURTHER ORDERED that this order be and is hereby conditioned upon Plaintiffs filing with the Clerk of this Court an undertaking in the form of a bond, certified check, or cash in the amount of $15,000 no later than August 10, 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 15, 2023 at noon. Any reply shall be filed by the Plaintiff and served upon each appearing defendant or his/her counsel on or before August 16, 2023 at noon. Plaintiff is to provide copies of all other filed pleadings at the request of any identified defendant and further set forth in this Order. Replies due by 8/16/2023. Show Cause Hearing set for 8/16/2023 at 02:30 PM before Judge Louis L. Stanton. Show Cause Response due by 8/15/2023. (Signed by Judge Louis L. Stanton on 8/3/2023) (rro) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 10 DECLARATION of Cara Burns (Pursuant to FRCP Rule 65, etc.) re: #6 Proposed Order to Show Cause With Emergency Relief, . Document filed by Merch Traffic, LLC. (Attachments: #1 Exhibit A - Prior Orders for Group, #2 Exhibit B - Prior SDNY Orders, #3 Exhibit C - Prior NY Orders, #4 Exhibit D - Prior Other Orders).(Bradford, Mark) |
| Filing 9 DECLARATION of Emily Holt re: #6 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).(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 MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause With Emergency Relief, . Document filed by Merch Traffic, LLC..(Bradford, Mark) |
| Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Merch Traffic, LLC. (Attachments: #1 Proposed Order for a TRO & SO etc).(Bradford, Mark) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 5 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 4 NOTICE OF APPEARANCE by Mark Dana Bradford on behalf of Merch Traffic, LLC..(Bradford, Mark) |
| Filing 3 CIVIL COVER SHEET filed..(Bradford, Mark) |
| Filing 2 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 1 COMPLAINT against Jane Does 1-100, John Does 1-100, XYZ Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-28095546)Document filed by Merch Traffic, LLC..(Bradford, Mark) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Louis L. Stanton. 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. #6 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (nd) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
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