Nike, Inc. et al v. Reebok International Ltd.

Filing 31

PRELIMINARY INJUNCTION ORDER: ORDERED that Defendant, and all persons acting in concert with it, be, and hereby are, preliminarily restrained and enjoined by the Court as follows: 1. As used in this Order, the term "Unauthorized Tebow Product(s)" means any athletic and casual apparel product sold or distributed by, manufactured by or for, or in the possession or control of Reebok with the name "Tebow" printed on it. "Unauthorized Tebow Product" includes the New York Jets-related apparel with the Tebow name on it that has been, or is being, manufactured by or for Reebok, and that is currently being distributed and sold by or for the benefit of Reebok. "Unauthorized Tebow Product" does not include any Denver Broncos related apparel marked with the Tebow name that was manufactured by or for Reebok on or before March 1, 2012 so long as (i) the use of Tebow's name for that purpose was and is authorized under the terms of a valid license from the NFL Players, and (ii) Reebok is licensed to distribute and sell Broncos-related merchandise that was marked with Tebow's name prior to March 1, 2012. IT IS FURTHER ORDERED that pursuant to Fed. R. Civ. P. 65(c), Plaintiffs shall post an additional undertaking or bond in the amount of $40,000, for a total bond of $120,000, on or before April 9, 2012; and IT IS FURTHER ORDERED that this injunction shall continue until judgment is entered in this Action unless modified by further Order of this Court. (Signed by Judge P. Kevin Castel on 4/5/2012) (djc)

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2123196655

USDSSDNY
DOCUM.E-lT
ELECTRO~~:

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

DOC #:

_~

FILED

______----,-____

DATE FILED:

..y'- (, -/d-­

NIKE, INC. and NIKE USA, INC.,
I

Plaintiffs,
-against-

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12 Civ 2275 (PKC) (RLE)

I ~'~P6SEDipRELIMINARY
i

INJUNCTION ORnER

REEBOK INTERNATIONAL LTD.,
Defendant.

I

This matter having been brought to the Court by Tannenbaum Helpem Syracuse &
Hirschtritt LLP, and Stoe1 Rives, LLP, attorneys for Plaintiffs' NIKE, Inc. and NIKE USA, Inc.
(collectively "NIKE" or "Plaintiffs"), against defendant Reebok International Ltd. ("Reebok" or
"Defendant"); and this Court having previously issued a Temporary Restraining Order against
Defendant; and having considered the facts alleged in the Complaint, the memoranda filed by the
parties, and the evidence submitted and relied upon by both parties in connection with the
application for a TRO and a Preliminary Injunction, including the Declarations of Paul D.
Sarkozi, Randall Todd Burdette, Keith Gordon, Wendy M. Kirk, Nathan C. Brunette and
Randolph C. Foster, and Affidavits of Blake Lundberg, Kenneth P. Gamble, Sol Werdiger, and
Julian Friedman, all other evidence filed or entered in the above captioned case, and the
testimony, evidence and argwnent presented at the Preliminary Injunction Hearing held before
the Honorable P. Kevin Castel on April 4, 2012; and this Court, having detennined on the basis
ofthjs record that NlKE has established (1) a likelihood of success on the merits, (2) immediate
and irreparable hann in the absence of injunctive relief, (3) the balance of hardships tips in favor
ofNIKE and (4) an injunction is consistent with the public interests; and based upon the findings

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of this Court as set forth on the record at the April 4, 2012 preliminary injunction hearing it is
hereby

ORDERED that Defendant, and all persons acting in concert with it, be, and hereby are,
preliminarily restrained and enjoined by the Court as follows:
1.

As used in this Order, the term "Unauthorized Tebow Product(s)" means any

athletic and casual apparel product sold or distributed by, manufactured by or for, or in the
possession or control of Reebok with the name "Tebow" printed on it. "Unauthorized Tebow
Product" includes the New York Jets-related apparel with the Tebow name on it that has been, or
is being, manufactured by or for Reebok, and that is currently being distributed and sold by or for
the benefit of Reebok. "Unauthorized Tebow Product" does not include any Denver Broncos­
related apparel marked with the Tebow name that was manufactured by or for Reebok on or
before March 1,2012 so long as (i) the use ofTebow's name for that purpose was and is
authorized under the terms of a valid license from the NFL Players, and (ii) Reebok is licensed to
distribute and sell Broncos-related merchandise that was marked with Tebow's name prior to
March 1,2012.

2.

Reebok, together with its agents, officers, employees, and its afTiliated businesses,

and those acting in active concert with them, are restrained and enjoined from:
(a)

Manufacturing, causing to be manufactured, selling, attempting to sell,

causing to be sold, permitting any other individual or entity to sell, distributing, promoting,
marketing, and advertising an Unauthorized Tebow Product;
(b)

Taking or accepting orders for any Unauthorized Tebow Product; and

(c)

Causing or authorizing Unauthorized Tebow Product to be shipped or

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delivered to anyone other than for the destruction or withdrawal of such goods from distribution;
3.

Reebok, together with its agents, officers, employees, and its affiliated businesses,

and those acting in active concert with them, are ordered to:
(a)

Advise all retailers and distributors carrying Unauthorized Tebow

Products that this injunction has issued and infonn them that distributing and selling
Unauthorized Tebow Products may expose them to liability;
(b)

Offer to repurchase all Unauthorized Tebow Products from rescUers,

vendors and distributors at not less than the price paid for the Unauthorized Tebow Products; and
(c)

Recall all Unauthorized Tebow Product currently in distribution channels

controlled by Reebok; and
IT IS FURTHER ORDERED that pursuant to Fed. R. eiv. P. 65(c), Plaintiffs shall post

an additional undertaking or bond in the amount of $40,000, for a total bond of $120,000, on or
before April 9, 2012; and
IT IS FURTHER ORDERED that this injunction shall continue until judgment is

entered in this Action unless modified by further Order of this Court.

IT IS SO ORDERED this _'_ day of April, 2012.

JUDGE P. KEVIN CASTEL
UNITED STATES DISTRICT COURT JUDGE

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