Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Burberry Ltd. v. Does

United States District Court, S.D. New York

January 3, 2020

BURBERRY LIMITED; GIANNI VERSACE, S.R.L.; HERMES INTERNATIONAL; LOUIS VUITTON MALLETIER; MICHAEL KORS, L.L.C.; THE NORTH FACE APPAREL CORP.; PRL USA HOLDINGS, INC.; TIMBERLAND, a division of VF OUTDOOR, LLC, and TBL LICENSING LLC, Plaintiffs,
v.
VARIOUS JOHN DOES, JANE DOES, and XYZ COMPANIES, Defendants.

          PRELIMINARY INJUNCTION ORDER

          DENISE L. COTE, UNITES STATES DISTRICT JUDGE.

         This action having been commenced by Burberry Limited; Gianni Versace, S.r.l.; Hermes International; Louis Vuitton Malletier; Michael Kors, L.L.C.; The North Face Apparel Corp.; PRL USA Holdings, Inc.; and Timberland, a division of VF Outdoor, LLC, and TBL Licensing LLC (collectively "Plaintiffs") on December 6, 2019 against Defendants Various John Does, Jane Does, and XYZ Companies, at 262 West 38th Street, Room 706, New York, New York 10018; 252 West 31st Street, 3rd Floor, New York, New York 10018; 252 West 31st Street, 5th Floor, New York, New York 10018; and along 5th Avenue between 51st & 54th Street, 6th Avenue between 48th & 51st Street, and 7th Avenue Between 49th & 53rd Streets, New York, New York 10020, alleging trademark counterfeiting and infringement of Plaintiffs' Federally Registered Trademarks (defined below) and charging defendants with, inter alia, trademark counterfeiting, infringement, dilution and false advertising, and a copy of the Summons, Amended Complaint, Seizure Order, and supporting papers having been served upon the defendants during civil seizures at the following locations on December 13, 2019: 262 West 38th Street, Room 706, New York, New York 10018; 252 West 31st Street, 3rd Floor, New York, New York 10018; and 252 West 31st Street, 5th Floor, New York, New York 10018 (collectively referred to as "Defendants");

         It appearing to the Court that it has jurisdiction over the subject matter of this action, over Plaintiffs and over Defendants;

         The Court having considered the Amended Complaint and the exhibit thereto, Plaintiffs' Order To Show Cause and accompanying papers and Defendants failing to appear at the hearing on January 3, 2020 after receiving notice of the same on December 13, 2019; and

         It further appears that Defendants are, inter alia, counterfeiting and infringing Plaintiffs' Federally Registered Trademarks, in violation of 15 U.S.C. §1114 and will continue to counterfeit and infringe Plaintiffs' Federally Registered Trademarks unless restrained by Order of this Court.

         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 Defendants are counterfeiting and infringing Plaintiffs' Federally Registered Trademarks in violation of 15 U.S.C. §1114;
4. Defendants' actions have caused and will continue to cause immediate and irreparable harm, loss, and damage before a full trial on the merits can be held, in that monetary compensation will not afford adequate relief to Plaintiffs for Defendants' continuing acts of counterfeiting and trademark infringement;
5. The harm to Plaintiffs from the denial of this request for a Preliminary Injunction would outweigh the harm to the legitimate interests of Defendants against whom the Order would be issued and to any third parties; and
6. The public interest would best be served by granting this Preliminary Injunction prior to a full trial on the merits or a default judgment against Defendants.

         NOW THEREFORE, it is hereby ORDERED as follows that:

         1. Defendants and their respective principals, officers, agents, servants, employees, and attorneys, and all persons in concert and participation with them are hereby ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.