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Schaeffer Venaglia
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Order | Filed: May 08, 2024 JLM Couture, Inc. v. Gutman
Trademark | New York Southern
Order
POST-REMAND MEMORANDUM OPINION AND ORDER MODIFYING THE PRELIMINARY INJUNCTION: For the foregoing reasons, and those set forth in the Court's earlier decisions and the Second Circuit Opinion regarding the Preliminary Injunction in this acti on, effective immediately, JLM is directed to provide the current username and password for each of the Disputed Accounts, as well as any other assistance necessary to access and gain sole control over the Disputed Accounts, to Ms. Gutman, through her counsel, by 5:00 p.m. Eastern Standard Time, on May 15, 2024, and the Court issues the following modified Preliminary Injunction Order, which supersedes the order issued on March 1, 2024 (docket entry no. 474): During the pendency of this action, Ms. Gutman, along with her officers, agents, servants, employees, and attorneys and all other persons who are in active concert or participation with her and them, are enjoined pursuant to Federal Rule of Civil Procedure 65 from taking any of the following actions: 1. Breaching the employment Contract, dated July 13, 2011, together with the amendments and extensions thereto, by: a. using, or authorizing others to use, "Hayley", "Paige", "Hayley Paige Gutman ", "Hayley Gutman", "Hayley Paige" or any derivative thereof, including misshayleypaige (collectively the "Designer's Name"), trademarks in the Designer's Name, including but not limited to the trademarks identified at Addendum 1 hereto (collectively, the "Trademarks"), or any confusingly similar marks or names in trade or commerce, without the express written permission of Plaintiff's chief executive officer; b. using or authorizing ot hers to use any Designs, or any of the Trademarks or any variations, versions, representations or confusingly similar facsimiles thereof, in trade or commerce without the express written permission of Plaintiff's chief executive officer; and c . through December 17, 2025, (i) being identified to the trade or consuming public as the designer of any goods in competition with goods manufactured and sold by JLM; or (ii) using, or authorizing others to use, Gutman's role as designer, to pr omote the sale, or any goods in competition with goods manufactured and sold by JLM; 2. Using, or authorizing others to use, any of the Designer's Names, Trademarks or any confusingly similar term, name, symbol or device, or any combination ther eof, in commerce in connection with any goods or services, including to endorse, advertise or promote the products and/or services of herself or others directly or indirectly, including but not limited to on socialmedia or in television or media app earances, without the express written permission of Plaintiff's chief executive officer. This case remains referred to Magistrate Judge Cave for general pretrial management. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/8/2024) (vfr)
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Response | Filed: April 19, 2024 | Entered: April 19, 2024 JLM Couture, Inc. v. Gutman
Trademark | New York Southern
Reply Memorandum of Law in Support (non-motion)
REPLY MEMORANDUM OF LAW in Support re: 474 Order, Set Deadlines/Hearings,,,,,,,, of JLM's Arguments on Remand. Document filed by JLM Couture, Inc...(Marcus, David)
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Misc | Filed: April 19, 2024 | Entered: April 19, 2024 JLM Couture, Inc. v. Gutman
Trademark | New York Southern
Brief
THIRD BRIEF IN RESPONSE TO THE COURTS MARCH 1, 2024, REQUEST FOR ADDITIONAL BRIEFING ON SPECIFIC QUESTIONS. Document filed by Hayley Paige Gutman..(Lawlor, Joseph)
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