Global Merchandising Services, Ltd. v. Does 1-100 et al

Filing 9

ORDER signed by District Judge Troy L. Nunley on 6/6/2017 GRANTING 5 Motion for Temporary Restraining Order and Seizure Order. (Zignago, K.)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GLOBAL MERCHANDISING SERVICES, )
LTD.,
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Plaintiff,
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v.
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JOHN DOES 1-100, JANE DOES 1-100
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AND XYZ COMPANY,
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Defendants.
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_____________________________________ )

No. 2:17-cv-01169-TLN-EFB
ORDER GRANTING TEMPORARY
RESTRAINING ORDER AND
SEIZURE ORDER

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Based upon the complaint, memorandum of points and authorities, Declaration of Bradford

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James Andersen and the Certificate of Counsel and all other pleadings and proceedings and good

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cause being shown:

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IT IS HEREBY ORDERED, that defendants, their agents, servants, employees,

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attorneys, successors, and assigns, and all persons, firms, and corporations acting in active concert

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or participation with said defendants, are hereby enjoined and restrained from:

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(A)

Using any or all of the Artist (“ROGER WATERS”) Trademarks, in connection

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with the sale, offering for sale, distribution, and/or advertising of any clothing or other

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merchandise;

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(B)

Manufacturing, distributing, selling, and/or holding for sale any clothing or other
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merchandise which carries or otherwise uses any or all of the Artist’s Trademarks; or
(C)

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Aiding, abetting, inducing, or encouraging another to perform any of the acts

enjoined herein.

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IT IS FURTHER ORDERED, that the United States Marshal, for this district or any

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district in which Plaintiff seeks to enforce this Order in the United States, the state police, local

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police, local deputy sheriffs, off duty officers of the same, and any person acting under their

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supervision (collectively “Process Servers”), are hereby authorized to seize and impound any and

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all unauthorized merchandise bearing any or all of the Artist’s Trademarks (namely of ROGER

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WATERS) or any colorable imitations or variations thereof, or associated marks which

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Defendants or their agents, employees or representatives attempt to sell or are holding for sale in

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the vicinity of any of the Artist’s concerts from six (6) hours before to six (6) hours after any

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performance of the Artist’s tour within a five (5) mile vicinity of the halls, stadiums or arenas at

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which said tour shall be performing or elsewhere where such merchandise is being sold, held for

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sale or is otherwise found, including any carton, bag, vehicle or container in which such

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merchandise is transported or stored. All clothing, jewelry, photographs, posters and other

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merchandise bearing any or all of the Artist’s Trademarks, or any colorable imitations or

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variations thereof, sold and held for sale in the vicinity of the arenas or other venues at which the

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Artist shall be performing, or elsewhere where such merchandise is being sold, held for sale or

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otherwise found, shall be deemed to be merchandise subject to the seizure provisions of this

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Order.

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IT IS FURTHER ORDERED, that service of a copy of this Order together with the

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Summons and Complaint be made upon Defendants by the Process Servers at the time the seizure

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is effected and that such service shall be deemed good and sufficient.

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IT IS FURTHER ORDERED, that each and every Defendant be served with a copy of this

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order promptly, courteously and peaceably identify himself or herself to the aforementioned

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Process Server and that the Process Server or agents for Plaintiff be allowed to photograph,

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videotape or otherwise identify the defendant.

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IT IS FURTHER ORDERED, that the Process Server shall offer a receipt to each person
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from whom goods are seized.

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IT IS FURTHER ORDERED, that any Defendant who is hereafter served with a copy of

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this Order who objects to the provisions herein may submit his or her objections to this Court or

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otherwise move for relief from this Court within ten (10) days of the date of seizure according to

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the Federal Rules of Civil Procedure, but no such objection shall serve to suspend this Order or

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stay the terms hereof unless otherwise ordered by this Court.

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IT IS FURTHER ORDERED, that all unauthorized items heretofore or hereafter seized in

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this action be delivered up to Plaintiff or the persons designated above, pending final disposition

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of this matter.

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Dated: June 6, 2017

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Troy L. Nunley
United States District Judge

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