Ceremony of Roses Acquisition LLC v. Does 1-100 et al

Show Cause Hearing

PRELIMINARY INJUNCTION AND SEIZURE ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED, that the defendants, their agents, employees, representatives, and attorneys, 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 Artists 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 Artists Trademarks; or (C) Aiding, abetting, inducing, or encouraging another to perform any of the acts enjoined herein. IT IS FURTHER ORDERED, that the U.S. Marshal for this district or for any district in which Plaintiff seeks to enforce this Order in the United States, the state police, local police, local deputy sheriffs or off-duty officers of the same, and any person acting under their supervision (collectively "Process Servers") are hereby authorized to seize and impound any and all infringing merchandise bearing any or all of the Artists Trademarks, namely, the federally registered trademarks, service marks, likenesses, logos, or other indicia of the Artist (namely DUA LIPA), or any colorable imitations or variations thereof, or associated marks which defendants or their agents, employees or representatives attempt to sell or are holding for sale in the vicinity of any of the Artists concerts from four (4) hours before to four (4) hours after any performance of the Artist within a four (4) mile vicinity of the stadiums, arenas or other places at which the Artist shall be performing or elsewhere where such merchandise is being sold, held for sale or is otherwise found, including in any carton, bag, vehicle, or container in which the merchandise is transported or stored. All clothing, jewelry, photographs, posters and other merchandise bearing any or all of the Artists Trademarks, or any colorable imitations or variations thereof, being sold, offered for sale or held for sale in the vicinity of the stadiums, arenas or other places at which the Artist shall be performing shall be merchandise subject to the seizure provisions of this Order. IT IS FURTHER ORDERED, that service of a copy of this Order together with the Complaint be made upon defendants by the Process Servers at the time of the seizure provided for herein is effected and that such service shall be deemed good and sufficient.IT IS FURTHER ORDERED, that each and every defendant served with a copy of this order promptly, courteously and peaceably identify himself or herself to the aforementioned Process Server and that the Process Server or agents for Plaintiff be allowed to photograph, videotape or otherwise identify the defendant. IT IS FURTHER ORDERED, that the Process Server shall offer a receipt to each person from whom goods are seized. IT IS FURTHER ORDERED, that any Defendant who is hereafter served with a copy of this Order who objects to the provisions herein may submit his or her objections to this Court or otherwise move for relief from this Court within ten (10) days of the date of seizure according to the Federal Rules of Civil Procedure, but no such objection shall serve to suspend this Order or stay the terms hereof unless otherwise ordered by this Court. IT IS FURTHER ORDERED, that all infringing items heretofore or hereafter 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 of Five Thousand Dollars ($5,000.00) 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. (Signed by Judge Katherine Polk Failla on 9/29/2025) (jca) Transmission to Finance Unit (Cashiers) for processing.

DECLARATION of Alan Sitchon in Support re: [7] Proposed Order to Show Cause With Emergency Relief. Document filed by Ceremony of Roses Acquisition LLC.

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 hue identities being unknown (collectively "Defendants"), show cause before the Honorable Katherine Polk Failla United States District Court Judge, in the United States District Court for the Southern District of New York, located at 40 Centre Street, RM 618, New York, NT at 3 p.m. on 9/29/2025. 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. Ceremony of Roses Acquisition LLC, a preliminary injtmction to enjoin 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 Artist, "DUA LIPA" (collectively, the "Artist's Trademarks"). AND IT APPEARING TO THE COURT that Defendants are about to sell and distribute the Infringing Merchandise bearing any or all of the Artist's Trademarks as set forth in Plaintiffs complaint and declaration, and will continue to carry out such acts unless restrained by order of the Court; 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 $5,000 no later than 9/19/2025, 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 9/24/2025. Any reply shall be filed by the Plaintiff and served upon each appearing defendant or his/her counsel on or before 9/26/2025. Plaintiff is to provide copies of all other filed pleadings at the request of any identified defendant; AND IT IS FURTHER ORDERED that any defendant who is hereafter served with a copy of this order who objects to the provisions hereof may submit his or her objections to this Court or otherwise move for relief from this Cowt according to the Federal Rules of Civil Procedure. including that pursuant to F.R.C.P. Rule 65 (b)(4). any defendant can apply to this Court to modify or dissolve this Order on two (2) days' notice or shorter notice as this Court may allow, but no such application shall serve to suspend this Order or to stay its terms unless otherwiseordered by this Court. (Responses due by 9/24/2025, Replies due by 9/26/2025., Show Cause Hearing set for 9/29/2025 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/15/2025)

NOTICE OF APPEARANCE by Mark Dana Bradford on behalf of Ceremony of Roses Acquisition LLC.

Transmission to Finance Unit (Cashiers). Transmitted re: 16 Order to Show Cause to the Finance Unit (Cashiers) for case processing.

ORDER FOR ADMISSION PRO HAC VICE granting 12 Motion to Appear Pro Hac Vice. The motion of Cara Burns, for admission to practice Pro Hac Vice in the above entitled action is granted. As further set forth by this Order. The Clerk of Court is directed to terminate the pending motion at docket entry 12. (Signed by Judge Katherine Polk Failla on 9/12/2025)

ORDER: Plaintiff is hereby ORDERED to appear for a hearing on its Ex Parte Application for a Temporary Restraining Order, a Seizure Order, and an Order to Show Cause (Dkt. #7) on September 15, 2025, at 2:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Show Cause Hearing set for 9/15/2025 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/11/2025)

MOTION for Cara R. Burns to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-31698353. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ceremony of Roses Acquisition LLC.

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for Cara R. Burns to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-31698353. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies.

DECLARATION of Cara R. Burns (actually Certificate of Counsel Pursuant to FRCP 65, etc.) in Support re: 7 Proposed Order to Show Cause With Emergency Relief. Document filed by Ceremony of Roses Acquisition LLC.

DECLARATION of Alan Sitchon in Support re: 7 Proposed Order to Show Cause With Emergency Relief. Document filed by Ceremony of Roses Acquisition LLC.

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).

MEMORANDUM OF LAW in Support re: 7 Proposed Order to Show Cause With Emergency Relief. Document filed by Ceremony of Roses Acquisition LLC.

PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Ceremony of Roses Acquisition LLC. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.

NOTICE OF APPEARANCE by Mark Dana Bradford on behalf of Ceremony of Roses Acquisition LLC.

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ceremony of Roses Acquisition LLC.

AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.

CIVIL COVER SHEET filed.

STATEMENT OF RELATEDNESS re: that this action be filed as related to 25-cv-7151 (AT). Document filed by Ceremony of Roses Acquisition LLC.

COMPLAINT against Jane Does 1-100, John Does 1-100, XYZ Company. (Filing Fee $ 405.00, Receipt Number ANYSDC-31691223)Document filed by Ceremony of Roses Acquisition LLC.

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form.

Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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.

NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case.

CASE DECLINED AS NOT RELATED. Case referred as related to 1:25-cv-07151-AT and declined by Judge Analisa Torres and returned to wheel for assignment.

CASE REFERRED to Judge Analisa Torres as possibly related to 25-cv-7151.

Case Designated ECF.

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned.