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Trademark | New York Southern
Order
PRELIMINARY INJUNCTION: The Court having considered the Complaint and the exhibit annexed thereto, Plaintiffs' Order To Show Cause and accompanying papers, and the Defendants failing to appear at the hearing on June 4, 2026 after receiving notice of the same on May 27, 2026; and It further appears that Defendants are, inter alia, counterfeiting and infringing Plaintiffs'Federally Registered Trademarks (defined below), in violation of 15 U.S.C. § 1114 and will continue to c ounterfeit 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 ac tion 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 req uest 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 Injun ction prior to a full trial on the merits or a default judgment against Defendants. NOW THEREFORE, it is hereby ORDERED as follows that: 1. 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 herein. 3. 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. 4. The seizures outli ned in the opening paragraph are hereby confirmed, and the counterfeit goods seized pursuant to the Court's May 21, 2026 Seizure Order may be destroyed after the appropriate 10 days' notice is given to the United States Attorney for the S outhern District of New York, as provided for in 15 U.S.C. § 1118. 5. Service of this Order by hand delivery or first-class mail to the Defendants at their business addresses shall constitute sufficient service of this Order. Service shall be deemed complete on either hand delivery or mailing of this Order as permitted above. 6. All papers under seal in this action are now unsealed. SO ORDERED. (Signed by Judge Denise L. Cote on 6/4/2026) (vfr) Transmission to Sealed Records Clerk for processing.
Memorandum of Law in Opposition (non-motion)
FIRST MEMORANDUM OF LAW in Opposition to Plaintiff's Order to Show Cause. Document filed by DEF. (Attachments: # 1 Affidavit Declaration of Alan Lin, # 2 Exhibit Exhibits to Alan Lin Declaration).(Zhou, Joe)
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