Kaws, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint

Filing 33

ORDER, Having denied the motion for preliminary injunction, the Temporary Restraining Order issued on August 19, 2022, and extended on August 30, 2022, is dissolved, and the bond of $5,000 placed as security shall be returned. And in the light of the dismissal, Plaintiff shall file an amended complaint removing the dismissed Defendants from Schedule A by November 27, 2022. SO ORDERED. ( Amended Pleadings due by 11/27/2022.) (Signed by Judge Alvin K. Hellerstein on 9/16/22) (yv) Transmission to Finance Unit (Cashiers) for processing.

Case 1:22-cv-06721-AKH Document 33 Filed 09/16/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
KAWS, INC.,
:
:
Plaintiffs,
:
v.
:
:
THE INDIVIDUALS, CORPORATIONS,
:
LIMITED LIABILITY COMPANIES,
:
PARTNERSHIPS, AND UNINCORPORATED
:
ASSOCIATIONS IDENTIFIED ON SCHEDULE :
A TO THE COMPLAINT,
:
:
Defendants.
:
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ORDER
22 Civ. 6721 (AKH)

ALVIN K. HELLERSTEIN, U.S.D.J.:
For the reasons stated on the record on September 15, 2022, I held that Plaintiff
failed to meet its burden of establishing a likelihood of success on the merits of its copyright and
trademark infringement claims against each of the 160 named Defendants, named and identified
on Schedule A to the Complaint. I denied the motion for preliminary injunction.
In addition, a representation was made that settlement had been reached with
Defendants #73 (bears2636), #146 (Joybuy), #147 (Joybuy America), #148 (Joybuy Express),
#149 (Joybuy Fashion), and #150 (Joybuy Selection) as identified on Schedule A to the
complaint. Pursuant to Plaintiff’s motion and under Rule 41(a), the case against those
Defendants is dismissed without prejudice.
Having denied the motion for preliminary injunction, the Temporary Restraining
Order issued on August 19, 2022, and extended on August 30, 2022, is dissolved, and the bond
of $5,000 placed as security shall be returned. And in the light of the dismissal, Plaintiff shall
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Case 1:22-cv-06721-AKH Document 33 Filed 09/16/22 Page 2 of 2

file an amended complaint removing the dismissed Defendants from Schedule A by November
27, 2022.
SO ORDERED.
Dated:

September 16, 2022
New York, New York

/s/ Alvin K. Hellerstein
ALVIN K. HELLERSTEIN
United States District Judge

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