Burberry Limited et al v. Various John Does et al
| ABC, Hermes International, Louis Vuitton Malletier, Burberry Limited, Gianni Versace, S.r.l. and Michael Kors, L.L.C. |
| DEF, Bara Thiam individually and doing business as Bara Thiam LLC, Various John Does, Jane Does and XYZ Companies |
| 1:2023cv07780 |
| September 1, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Mary Kay Vyskocil |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 17 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, Bara Thiam, Various John Does, XYZ Companies. Document filed by Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., Gianni Versace, S.r.l., Burberry Limited. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Park, Sydney) |
Filing 16
MEMO ENDORSEMENT on re: #15 Notice of Voluntary Dismissal,, filed by Hermes International, Michael Kors, L.L.C., Louis Vuitton Malletier, Burberry Limited, Gianni Versace, S.r.l. ENDORSEMENT On September 28, 2023, Plaintiffs filed a complaint naming Defendant Bara Thiam (individually and d/b/a Bara Thiam LLC), in addition to the above-referenced Defendants. [ECF No. 14]. Although this Notice of Voluntary Dismissal purports to resolve this action "in its entirety," Defendant Thiam is not referenced. Accordingly, Plaintiffs are ORDERED to file a revised notice of voluntary dismissal. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/30/2023) (jca)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #15 Notice of Voluntary Dismissal, was reviewed and referred to Judge Mary Kay Vyskocil for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 15 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 Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., Gianni Versace, S.r.l., Burberry Limited. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Park, Sydney) |
| Filing 14 COMPLAINT against Jane Does, Bara Thiam, Various John Does, XYZ Companies. Document filed by Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., Gianni Versace, S.r.l., Burberry Limited. (Attachments: #1 Exhibit A-Plaintiffs' Federally Registered Trademarks).(Park, Sydney) |
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Filing 13
PRELIMINARY INJUNCTION: Accordingly, the Court concludes as a matter of law: 1. This Court has jurisdiction over the subject matter of all counts of this action and over all the parties hereto; 2. Plaintiffs have established a prima facie case of ownership of Plaintiffs' Federally Registered Trademarks; 3. Plaintiffs are likely to prevail on the merits of this action in showing that Defendant is counterfeiting and infringing Plaintiffs' Federally Registered Trademarks in violation of 15 U.S.C. 1114; As further set forth by this Order. NOW THEREFORE, it is hereby ORDERED as follows that:1. The Defendant and its respective principals, officers, agents, servants, employees, and attorneys, and all persons in concert and participation with them are hereby restrained andenjoined, pending termination of this action: As further set forth by this Order. All papers under seal in this action are now unsealed. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/27/2023) (tg) Modified on 9/27/2023 (tg).
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sydney Park to RE-FILE Document No. #12 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF must be titled to correspond with the appropriate event type; the wrong event type was used to file the pleading pursuant to Doc. 7; the pleading must be linked to a corresponding pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| Filing 12 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED COMPLAINT amending #10 Amended Complaint, against Jane Does, Bara Thiam, Various John Does, XYZ Companies.Document filed by Hermes International, Louis Vuitton Malletier, Michael Kors, L.L.C., Gianni Versace, S.r.l., Burberry Limited. Related document: #10 Amended Complaint,. (Attachments: #1 Exhibit A-Plaintiffs Federally Registered Trademarks).(Park, Sydney) Modified on 9/27/2023 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sydney Park to RE-FILE re: Document No. #10 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading; the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Hermes International, Louis Vuitton Malletier, Burberry Limited, Gianni Versace, S.r.l., Michael Kors, L.L.C. added. Party added pursuant to #10 Amended Complaint,.Document filed by Hermes International, Louis Vuitton Malletier, Burberry Limited, Gianni Versace, S.r.l., Michael Kors, L.L.C.. Related document: #10 Amended Complaint,..(Park, Sydney) |
| Filing 11 LETTER addressed to Judge Mary Kay Vyskocil from Sydney W. Park dated September 25, 2023 re: Status Update. Document filed by ABC. (Attachments: #1 Proposed Order for Preliminary Injunction, #2 Exhibit Amended Complaint, #3 Exhibit Redline of the Amended Complaint).(Park, Sydney) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT against DEF, Bara Thiam.Document filed by ABC. (Attachments: #1 Exhibit A-Plaintiffs Federally Registered Trademarks).(Park, Sydney) Modified on 9/26/2023 (vf). |
| Filing 9 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/14/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 8 TRANSCRIPT of Proceedings re: HEARING held on 9/14/2023 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/13/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/21/2023..(McGuirk, Kelly) |
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Filing 7
ORDER: IT IS HEREBY ORDERED: Plaintiffs shall submit to the Court a revised proposed Temporary Restraining Order, extending the Temporary Restraining Order presently in place for a period of 14 days, as to the 213 West 35th Street location at which a seizure was executed on September 7, 2023. See Fed. R. Civ. P. 65(b)(2). The Temporary Restraining Order presently in place as to the three remaining locations specified in the Complaint and authorized in the Seizure Order shall not be extended. Plaintiffs may renew their application for a Temporary Restraining Order as to the three remaining locations at an appropriate time. Within 13 days of the issuance of the extended Temporary Restraining Order, Plaintiffs shall submit a status letter updating the Court as to their efforts to identify the Defendants associated with the 213 West 35th Street location. The docket shall be unsealed as to all future filings, and Plaintiffs shall move for leave to file future documents under seal. Plaintiffs shall file on the public docket a version of the Complaint that is redacted only as to the addresses of the three locations at which a seizure was not executed. Plaintiffs shall continue efforts to serve the Defendants at the three remaining locations with a Summons and the Complaint. Plaintiffs motion for a preliminary injunction is DENIED without prejudice. Plaintiffs may renew their motion for a preliminary injunction following the expiration of the extended Temporary Restraining Order. So Ordered. (Signed by Judge Mary Kay Vyskocil on 9/14/2023) (js)
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| Filing 6 SEALED DOCUMENT placed in vault. (nmo) |
| Filing 5 SEALED DOCUMENT placed in vault..(jus) |
| Filing 4 SEALED DOCUMENT placed in vault..(jus) |
| Filing 3 SEALED DOCUMENT placed in vault. (nmo) |
| Filing 2 SEALED DOCUMENT placed in vault..(jus) |
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Filing 1
***Sealed*** ORDER, Case sealed. (Signed by Judge Jennifer H. Rearden on 08/30/2023) (jus)
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| Magistrate Judge Robert W. Lehrburger 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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