Off-White LLC v. Abbyfashion Store et al

Filing 55

ORDER re: 54 Affidavit in Support, filed by Off-White LLC. The Court has reviewed the affidavit of Jason M. Drangel. ECF No. 54. Plaintiff shall submit an affidavit or declaration of an individual with personal knowledge in accordance with Attachment A to the Courts Individual Practices in Civil Cases. Although Mr. Abloh may have had the most knowledge of Off-White LLC's interest in the marks and, therefore, the damages suffered, if Off-White LLC still has an interest in the mark , an individual with knowledge of that interest who is not the attorney in this action must submit an affidavit or declaration. Absent such an affidavit or declaration, the Court will not be able to determine the damage cause by the allege infringement in this action, and will not award statutory damages above the minimum, if at all. Accordingly, by May 13, 2022, Plaintiff shall file such an affidavit or declaration. SO ORDERED. (Signed by Judge Analisa Torres on 5/5/2022) (kv)

Case 1:21-cv-01785-AT Document 55 Filed 05/05/22 Page 1 of 2

Case 1:21-cv-01785-AT Document 55 Filed 05/05/22 Page 2 of 2

SHOP911115068 STORE, SHOP911167001 STORE,
SHOP911188155 STORE, SHOP911192222 STORE,
SHOP911195003 STORE, SHOP911234034 STORE,
SHOP911258359 STORE, SHOP911259388 STORE,
SHOP911264193 STORE, SHOP911267085 STORE,
SHOP911300207 STORE, SHOP911342022 STORE,
SHOP911375214 STORE, SHOP911422093 STORE,
SHOP911425145 STORE, TAOTAOKU STORE,
TOLLER BAG STORE, WOZIK STORE, XT02
STORE, YANG R STORE, YIWU CUDA IMPORT
AND EXPORT CO., LTD., YIWU MAY STAR
INTERNATIONAL TRADING CO., LTD., YIWU
MIANYU E-COMMERCE FIRM, YIWU WU TAI
BELT CO., LTD., YIWU YINGYU IMPORT &
EXPORT CO., LTD., YUNFOOK OFFICIAL,
YUYAO NICO ELECTRONICS FACTORY AND
ZHENGZHOU YMEI PET PRODUCTS CO., LTD.,
Defendants.
ANALISA TORRES, District Judge:
The Court has reviewed the affidavit of Jason M. Drangel. ECF No. 54. Plaintiff shall
submit an affidavit or declaration of an individual with personal knowledge in accordance with
Attachment A to the Court’s Individual Practices in Civil Cases. Although Mr. Abloh may have
had the most knowledge of Off-White LLC’s interest in the marks and, therefore, the damages
suffered, if Off-White LLC still has an interest in the mark, an individual with knowledge of that
interest who is not the attorney in this action must submit an affidavit or declaration. Absent such
an affidavit or declaration, the Court will not be able to determine the damage cause by the allege
infringement in this action, and will not award statutory damages above the minimum, if at all.
Accordingly, by May 13, 2022, Plaintiff shall file such an affidavit or declaration.
SO ORDERED.
Dated: May 5, 2022
New York, New York

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