Burberry Limited v. Various John Does

Filing 5

PRELIMINARY INJUNCTION ORDER: Accordingly, the Court concludes as a matter of law: 1. This Court has jurisdiction over the subject matter of all counts of this action 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 request 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 Injunction 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: (As further set forth herein.) 6. All papers under seal in this action are now unsealed. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/23/2021) (va)