Merch Traffic, LLC v. Does 1-100 et al

Notice of Report on the filing of an action regarding a Patent or Trademark.

Civil Case Closed.

ORDER: Motion for Release of Bond Obligation 16 is granted and the Proposed Order for Release of Cash Bond and Disposition of Seized Merchandise is so ordered. So Ordered by Judge Orelia E. Merchant on 1/13/2025.

MOTION for Release of Bond Obligation and Disposition of Seized Merchandise by Merch Traffic, LLC.

NOTICE of Voluntary Dismissal by Merch Traffic, LLC

PRELIMINARY INJUNCTION AND SEIZURE ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED, that the defendants, their agents, servants, employees, attorneys, successors, and assigns, and all persons, firms, and corporations acting in active concert or participation with said defendants, are enjoined and restrained from activities as set forth in this order. IT IS FURTHER ORDERED, that the bond of Five Thousand Dollars ($5,000) 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. Ordered by Judge Orelia E. Merchant on 9/19/2024.

Minute Entry for proceedings held before Judge Orelia E. Merchant: Preliminary Injunction hearing held on September 19, 2024. Cara R. Burns appeared on behalf of the plaintiff. Defendants were not present and no appearances were made on their behalf. Case called. Hearing held. Plaintiff's request for a Preliminary Injunction and Order of Seizure were discussed. The Court informed Plaintiff that for the reasons stated on the record, a Preliminary Injunction and Order of Seizure would be granted and entered on the docket after Plaintiff sends the Court a proposed order regarding same. (Court Reporter Jamie Stanton.)

SCHEDULING ORDER: A Preliminary Injunction Hearing is set for September 19, 2024 at 2:00 PM in Courtroom 6C South before Judge Orelia E. Merchant. Ordered by Judge Orelia E. Merchant on 9/17/2024.

NOTICE of Appearance by Cara R. Burns on behalf of Merch Traffic, LLC (aty to be noticed)

DECLARATION of Emily Holt in Support of Preliminary Injunction and Seizure Order to Issue by Merch Traffic, LLC

The Motion of for Cara R. Burns Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Lara K. Eshkenazi on 9/11/2024.

MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18259212 by Merch Traffic, LLC.

Treasury Registry: $5,000.00, receipt number 100016600.

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 Orelia E. Merchant, U.S. District Judge, in the U.S. District Court for the Eastern District of New York, on September 19, 2024 at 2:00 P.M., or as soon thereafter as counsel can be heard, why an order pursuant to Fed. R. Civ. P. Rule 65, the Lanham Act, 15 U.S.C. § 1051 et. seq., and the All Writs Act, 28 U.S.C. § 1651, should not be entered granting to Plaintiff, Merch, 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, and likenesses, logos and other indicia of the Artist, "USHER"; 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 $5,000 no later than September 6, 2024 at 5 P.M., 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 September 12, 2024 at 11 A.M. Any reply shall be filed by the Plaintiff and served upon each appearing defendant or his/her counsel on or before September 12, 2024 at 5 P.M. Plaintiff is to provide copies of all other filed pleadings at the request of any identified defendant; As further set forth by this Order. SO ORDERED by Judge Orelia E. Merchant on 9/5/2024.

Case Reassigned to Judge Orelia E. Merchant and Magistrate Judge Lara K. Eshkenazi. Magistrate Judge Lara K. Eshkenazi no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.

NOTICE by Merch Traffic, LLC re 6 Emergency MOTION for Temporary Restraining Order, Seizure Order and Order to Show Cause Why A Preliminary Injunction and Seizure Order Should Not Issue (Correcting ECF No. 6-6 Ex C)

Notice of Report on the filing of an action regarding a Patent or Trademark.

Emergency MOTION for Temporary Restraining Order, Seizure Order and Order to Show Cause Why A Preliminary Injunction and Seizure Order Should Not Issue by Merch Traffic, LLC.

Letter Requesting Reassignment to District Judge by Merch Traffic, LLC

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any.

Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet.

Case Assigned to Magistrate Judge Lara K. Eshkenazi. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.

NOTICE by Merch Traffic, LLC of Filing of Report on the Filing or Determination of Action Regarding a Patent or Trademark

COMPLAINT against Jane Does 1-100, John Does 1-100, XYZ Company filing fee $ 405, receipt number ANYEDC-18233201 Was the Disclosure Statement on Civil Cover Sheet completed -YES, filed by Merch Traffic, LLC.