Case number 1:18-cv-08124
Burberry Limited et al. v. Various John Does et al. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Dec 17, 2018 | 30 | Notice of Voluntary Dismissal (1) Docket Text: 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 Michael Kors, L.L.C., Hermes International, River Light V, L.P., Tory Burch, LLC, Burberry Limited. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Wallace, Kevin) |
| Nov 2, 2018 | 29 | Order for Initial Pretrial Conference (1) Docket Text: ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/8/2019 at 10:45 AM in Courtroom 11D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel, and as further set forth in this Order. So ordered. (Signed by Judge P. Kevin Castel on 11/2/2018) (rjm) |
| Oct 25, 2018 | N/A | Notice of Case Assignment/Reassignment (0) Docket Text: NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Richard J. Sullivan is no longer assigned to the case. (sjo) |
| Oct 17, 2018 | 16 | Memorandum of Law (30) Docket Text: PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR AN EX PARTE TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, AND NOTICE SETTING PRELIMINARY INJUNCTION HEARING. Document filed by Burberry Limited, Tory Burch, LLC, Hermes International, Michael Kors, L.L.C., River Light V, L.P. **Filed under seal in envelope #2, and unsealed on 10/17/2018. (anc) Modified on 10/19/2018 (anc). |
| Oct 17, 2018 | 6 | Order (1) Docket Text: ORDER Accordingly, IT IS HEREBY ORDERED THAT the seal shall be lifted as to any document filed in this action. The Clerk of Court is respectfully requested to unseal this case. (Signed by Judge Richard J. Sullivan on 10/15/2018) (mhe) |
| Oct 17, 2018 | 7 | Preliminary Injunction (22) Docket Text: PRELIMINARY INJUNCTION ORDER. Plaintiffs' motion is GRANTED. IT IS HEREBY ORDERED THAT: The Defendants and their respective principals, officers, agents, servants, employees, and attorneys, and all persons in concert and participation with them are hereby restrained and enjoined, pending termination of this action: (a) From using Plaintiffs' Federally Registered Trademarks, including but not limited to as further set forth in this Order. (b) From receiving, manufacturing, distributing, advertising, promoting, returning, offering for sale or otherwise disposing of in any manner, holding for sale or selling any goods, labels, tags, logos, decals, emblems, signs, and other forms of markings, any packaging, wrappers, pouches, containers and receptacles, and any catalogs, price lists, promotional materials and the like bearing a copy or colorable imitation of Plaintiffs' Federally Registered Trademarks; (c) From using any logo, trade name or trademark which may be calculated to falsely represent or which has the effect of falsely representing that the services or products of Defendants are sponsored by, authorized by, or in any way associated with Plaintiffs; (d) From infringing Plaintiffs' Federally Registered Trademarks; (e) From otherwise unfairly competing with Plaintiffs; (f) From falsely representing themselves as being connected with Plaintiffs or sponsored by or associated with Plaintiffs; (g) From using any reproduction, counterfeit, copy, or colorable imitation of Plaintiffs' Federally Registered Trademarks in connection with the publicity, promotion, sale, or advertising of goods sold by Defendants including, without limitation, apparel, belts, cosmetics, eyewear, footwear, handbags, jackets, jewelry, perfumes, wallets, watches, and other products bearing a copy or colorable imitation of Plaintiffs' Federally Registered Trademarks; (h) From affixing, applying, annexing, or using in connection with the sale of any goods, a false description or representation, including words or other symbols tending to falsely describe or represent such goods as being those of Plaintiffs and from offering such goods in commerce; (i) From using any trademark or trade name in connection with the sale of any goods which may be calculated to falsely represent such goods as being connected with, approved by or sponsored by Plaintiffs; and (j) From destroying, altering, disposing of, concealing, tampering with or in any manner secreting any and all business records, invoices, correspondence, books of account, receipts or other documentation relating or referring in any manner to the manufacture, advertising, receiving, acquisition, importation, purchase, sale or offer for sale, or distribution of any merchandise bearing Plaintiffs' Federally Registered Trademarks. Defendants, their principals, officers, agents, servants, employees and attorneys and all persons in active concert or participation with them are hereby enjoined, from transferring, discarding, destroying or otherwise disposing of the following currently in the possession, custody or control of Defendants as further set forth in this Order. The parties may take immediate and expedited discovery, limited to document requests and interrogatories, without regard to the time limitations set forth in Rules 30, 33, 34 and 36 of the Federal Rules of Civil Procedure. The seizures carried out pursuant to the Court's September 13, 2018 Order are hereby confirmed, and the counterfeit goods seized pursuant to the Court's Seizure Order may be destroyed after the appropriate 10 days' notice is given to the United States Attorney for the Southern District of New York, as provided for in 15 U.S.C. § 1118. Service of this Order by first-class mail to Defendants at 270 West 38th Street, Suite 600A, New York, NY 10018 and 155 West 29th Street, New York, NY 10001, Basement, First Door to the Right of the Elevator at the End of the Hallway to the Left and Bearing a New York State Police Chiefs Association Plaque shall constitute sufficient service of this Order, and service shall be deemed complete on the mailing of this Order. SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/15/18) (yv) |
| Oct 17, 2018 | 8 | Order (2) Docket Text: ORDER SEALING THE FILE: It is hereby ORDERED as follows that: Pursuant to 15 U.S.C. §1116(d)(8), pending the hearing of Plaintiffs' motion for preliminary injunction, the Clerk of this Court is to keep and maintain under seal all papers filed herein, and that public scrutiny of such papers shall not be permitted, subject to defendants' rights to access such papers upon presenting the Clerk of this Court with proper identification. This Order is subject to modification by the Judge to whom the case is assigned. (Signed by Judge P. Kevin Castel, Part I on 9/10/2018) **Filed under seal in envelope #2, and unsealed on 10/17/2018.(anc) |
| Oct 17, 2018 | 9 | Complaint (30) Docket Text: COMPLAINT against Jane Does, Various John Does, XYZ Companies. Document filed by Michael Kors, L.L.C., Hermes International, River Light V, L.P., Tory Burch, LLC, Burberry Limited. ***Filed under seal in envelope #2, and unsealed on 10/17/2018.(anc) |
| Oct 17, 2018 | 10 | Civil Cover Sheet (3) Docket Text: CIVIL COVER SHEET filed.**Filed under seal in envelope #2, and unsealed on 10/17/2018. (anc) Modified on 10/18/2018 (anc). |
| Oct 17, 2018 | 11 | Rule 7.1 Corporate Disclosure Statement (2) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Burberry Group PLC (a U.K. Corporation) for Burberry Limited. Document filed by Burberry Limited. **Filed under seal in envelope #2, and unsealed on 10/17/2018.(anc) |
| Oct 17, 2018 | 12 | Rule 7.1 Corporate Disclosure Statement (2) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hermes International for Hermes International. Document filed by Hermes International. **Filed under seal in envelope #2, and unsealed on 10/17/2018.(anc) |
| Oct 17, 2018 | 13 | Rule 7.1 Corporate Disclosure Statement (2) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Michael Kors Holdings Limited for Michael Kors, L.L.C. Document filed by Michael Kors, L.L.C. **Filed under seal in envelope #2, and unsealed on 10/17/2018.(anc) |
| Oct 17, 2018 | 14 | Rule 7.1 Corporate Disclosure Statement (2) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tory Burch, LLC, River Light V, L.P. **Filed under seal in envelope #2, and unsealed on 10/17/2018. (anc) |
| Oct 17, 2018 | 15 | Order to Show Cause - Unsigned (10) Docket Text: UNSIGNED TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE BRINGING ON MOTION FOR PRELIMINARY INJUNCTION filed by Burberry Limited, Tory Burch, LLC, Hermes International, Michael Kors, L.L.C., River Light V, L.P. ***Filed under seal in envelope #2, and unsealed on 10/17/2018.(anc) |
| Oct 17, 2018 | 17 | Summons Issued (3) Docket Text: SUMMONS ISSUED as to Jane Does, Various John Does, XYZ Companies. ***Filed under seal in envelope #2, and unsealed on 10/17/2018. (anc) |
| Oct 17, 2018 | 18 | Declaration (30) Docket Text: DECLARATION OF ROBERTSON D. BECKERLEGGE. Document filed by Burberry Limited, Tory Burch, LLC, Hermes International, Michael Kors, L.L.C., River Light V, L.P. **Filed under seal in envelope #2, and unsealed on 10/17/2018. (anc) |
| Oct 17, 2018 | 19 | Declaration (12) Docket Text: DECLARATION OF JENNIFER HALTER. Document filed by Burberry Limited. **Filed under seal in envelope #2, and unsealed on 10/17/2018. (anc) |
| Oct 17, 2018 | 20 | Declaration (6) Docket Text: DECLARATION OF WENDY KAPLOWITZ. Document filed by Tory Burch, LLC, River Light V, L.P.**Filed under seal in envelope #2, and unsealed on 10/17/2018. (anc) |
| Oct 17, 2018 | 21 | Declaration (7) Docket Text: DECLARATION OF JEAN-CLAUDE MASSON. Document filed by Hermes International.**Filed under seal in envelope #2, and unsealed on 10/17/2018. (anc) |
| Oct 17, 2018 | 22 | Affidavit (4) Docket Text: AFFIDAVIT OF RAYMOND DOWD. **Filed under seal in envelope #2, and unsealed on 10/17/2018. (anc) |
| Oct 17, 2018 | 23 | Declaration (5) Docket Text: DECLARATION OF STEPHANIE GALLO. Document filed by Michael Kors, L.L.C. **Filed under seal in envelope #2, and unsealed on 10/17/2018. (anc) |
| Oct 17, 2018 | 24 | AO 120 Form Trademark - Case Opening - Submitted (29) Docket Text: 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). (anc) |
| Oct 17, 2018 | 25 | Order to Show Cause (13) Docket Text: TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, SUBSTITUTE CUSTODIAN ORDER, EXPEDITED DISCOVERY ORDER, AND ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: IT IS HEREBY ORDERED THAT Defendants shall appear before this Court on October 11, 2018 at 2:00 p.m. at Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, and show cause why a preliminary injunction, pursuant to Fed. R. Civ. P. 65, should not be issued enjoining Defendants, their agents, servants, employees, officers, and all persons in active concert and participation with them, pending the final hearing and determination of this action, from: Using Plaintiffs federally registered trademarks, including but not limited to those trademark registrations listed on Exhibit A to the Complaint ("Plaintiffs' Federally Registered Trademarks"); and as further set forth herein. IT IS FURTHER ORDERED THAT pending the hearing and determination of Plaintiffs' motion for preliminary injunction, Defendants, their agents, servants, employees, officers, and all other persons in active concert or participation with them, shall be and hereby are, without prior written or oral notice, temporarily restrained and enjoined from in any manner, either directly or indirectly, committing any of the acts set forth above which are sought to be enjoined by Plaintiffs. IT IS FURTHER ORDERED that the United States Marshal for the Southern District of New York, or a local law enforcement officer having jurisdiction (hereinafter jointly referred to as "Federal/Local Law Enforcement"), assisted by one or more attorneys or agents of Plaintiffs (jointly or severally referred to as "Plaintiffs' Representatives"), shall seize and sequester or impound the following materials in the possession, custody or control of Defendants located at 270 West 38th Street, New York, NY 10018, Unmarked Door on the 6th Floor (see map attached as Court Exhibit 1), and 155 West 29th Street, New York, NY 10001, Basement, First Door to the Right of the Elevator at the End of the Hallway to the Left and Bearing a New York State Police Chiefs Association Plaque (see photo attached as Court Exhibit 2): All merchandise bearing any copy or counterfeit of Plaintiffs' Registered Trademarks or any markings substantially indistinguishable therefrom; and as further set forth herein. IT IS FURTHER ORDERED THAT Defendants shall show cause before this Court on the date and place set forth above, or as soon thereafter as counsel can be heard, why an order should not be entered, pursuant to 15 U.S.C. § 1116(d)(1)(A), Fed. R. Civ. P. 65(b) and the common law of trademark, confirming the seizure authorized herein. IT IS FURTHER ORDERED THAT Plaintiffs shall post a bond in the amount of $5,000, which the Court deems sufficient as security for the payment of such costs and damages as may be incurred or suffered by any party who is subsequently found to have been wrongfully enjoined or restrained hereby, or as a result of a wrongful seizure and/or impoundment or wrongfully attempted seizure and/or impoundment. IT IS FURTHER ORDERED THAT personal service of the Summons and Complaint, of this Order, and the supporting Declaration of Plaintiffs' counsel may be made on Defendants on or before October 10, 2018, and that such service be deemed sufficient service; and as further set forth herein. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/13/2018)**Filed under seal in envelope #3, and unsealed on 10/17/2018. (anc) Modified on 10/18/2018 (anc). |
| Oct 17, 2018 | 26 | Bond (5) Docket Text: TEMPORARY RESTRAINING ORDER & SEIZURE BOND # 1001053367 in the amount of $5,000.00 posted by Burberry Limited, Tory Burch, LLC, Hermes International, Michael Kors, L.L.C., River Light V, L.P. **Filed under seal in envelope #4, and unsealed on 10/17/2018. (anc) |
| Oct 17, 2018 | 27 | Marshal's Process Receipt and Return of Service Executed Other (3) Docket Text: MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons, Complaint & Seizure served on 155 West 29th Street, Basement, First Door at Bottom of Stairs, New York, New York 10001 on 9/15/2018. Service was accepted by Left order in room. Document filed by Burberry Limited, Tory Burch, LLC, Hermes International, Michael Kors, L.L.C., River Light V, L.P. **Filed under seal in envelope #5, and unsealed on 10/17/2018. (anc) Modified on 10/22/2018 (anc). |
| Oct 17, 2018 | 28 | Marshal's Process Receipt and Return of Service Executed Other (4) Docket Text: MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons, Complaint & Seizure served on 270 West 38th Street, Unmarked Door on the 6th Floor, New York, New York 10018 on 9/15/2018. Service was accepted by Left order in room. Document filed by Burberry Limited, Tory Burch, LLC, Hermes International, Michael Kors, L.L.C., River Light V, L.P.**Filed under seal in envelope #5, and unsealed on 10/17/2018. (anc) |
| Oct 11, 2018 | N/A | Show Cause Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Richard J. Sullivan: Show Cause Hearing held on 10/11/2018. Kevin M. Wallace present for Plaintiffs. Defendants not present. Court reporter present. As stated on the record, the Court directed that the temporary restraining order in this case be converted into a preliminary injunction. (Brody, Peter) |
| Oct 2, 2018 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(mhe) |
| Sep 14, 2018 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(rz) |
| Sep 13, 2018 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(rz) |
| Sep 11, 2018 | N/A | Sealed Document (0) Docket Text: SEALED DOCUMENT placed in vault.(mhe) |
| Sep 11, 2018 | N/A | Order (0) Docket Text: ORDER, Case sealed. (Signed by Judge P. Kevin Castel on 09/10/2018) (mhe) |
