Christian Dior Couture SA v. Lin et al
Filing 71
PRELIMINARY INJUNCTION ORDER; ORDER CONTINUING THE RETENTION OF THE ITEMS SEIZED; AND ORDER AUTHORIZING EXPEDITED DISCOVERY, IT IS HEREBY ORDERED THAT, based upon the foregoing and for the reasons recorded on the record during the proceedings her ein, issuance of a Preliminary Injunction is warranted under 15 U.S.C. § 1116, 15 U.S.C. § 1125(c)(l), N.Y. Gen. Bus. Law§ 360-1, and Fed. R. Civ. P. 65(a), and Defendants Xiaole Lin, Timi Gift Shop, Inc., Shun Miao Ding, Guo L. Huan g, Xiaowei Gao, Xingyun Hu, Ming Li, Fei Y. Lu, Yongchan Zhang, Yu Hou Qu, Cai Qin Xie, Xiaoliu Wang a/Ida Li Li Wang, their agents, servants, employees, officers, and all other persons and entities in active concert or participation with them, i ncluding Defendant Xiuqian Chi, pending the final hearing and determination of this action, are hereby immediately PRELIMINARILY ENJOINED from: Using any of the Marks or any other Louis Vuitton trademarks, names, or designations in connection with the trafficking, manufacture, importation, exportation, advertising, marketing, promotion, distributing, offering for sale, and/or sales of any products: Committing any acts calculated to cause the public to believe that any Louis Vuitton-branded products are sold under the control or supervision of Louis Vuitton, when they are not; Selling, passing off, inducing, or enabling others to sell or pass off any products as Louis Vuitton products or as products produced by or for Louis Vuitton , which are not genuine Louis Vuitton goods, or are not sold under the control or supervision of Louis Vuitton and as further set forth in this Order. IT IS FURTHER ORDERED THAT, during the pendency of this Order, Louis Vuitton shall be authorize d to inspect any products trafficked, manufactured, imported, exported, distributed, advertised, marketed, promoted, offered, or sold by Defendants that bear the Marks for the purpose of determining whether they are genuine or counterfeit or infri nging, and thus to confirm whether Defendants are complying with this Order. IT IS FURTHER ORDERED THAT, during the pendency of this Order, Christian Dior's and Louis Vuitton's attorneys, private investigators, or agents, as substitute custodians for the Court, are authorized to retain all seized products and items identified in the Inventory Report. IT IS FURTHER ORDERED THAT, within thirty days after service of this Order on Defendants by Louis Vuitton, Defendants shall file w ith the Court and serve on counsel for Louis Vuitton a report in writing under oath setting forth in detail the manner and form in which the Defendant has complied with this Order. IT IS FURTHER ORDERED THAT, pending the final disposition of all c laims in this action, Defendants shall preserve all documents, electronically-stored information, and/or tangible things that may be relevant to the subject matter of, or reasonably calculated to lead to the discovery of admissible evidence in, thi s action or any of the claims asserted herein, and maintain them in an accessible form and place. IT IS FURTHER ORDERED THAT the bond or undertaking in the amount of $50,000 posted with the Clerk of Court by Louis Vuitton on February 3, 2023 remains sufficient to provide security for the payment of such costs and damages as may be incurred or suffered by any Defendant, if any, as a result of wrongful implementation of this Order, or any part thereof. IT IS FURTHER ORDERED THAT, pursua nt to Rules 26, 30, 33, and 34 of the Federal Rules of Civil Procedure, Plaintiffs may continue to conduct expedited discovery in this action as further set forth in this Order. IT IS FURTHER ORDERED THAT the Court will hold a conference, pursuant to Fed. R. Civ. P. 16(a), on April 7, 2023 at 10:00 a.m. in Courtroom 14D of the United States District Court for the Southern Dist1ict of New York, located at 500 Pearl Street, New York, NY, to discuss the status of discovery. The parties are dir ected to prepare and bling a proposed Civil Case Management Plan, using the form attached to Judge Hellerstein's Individual Rules. SO ORDERED. ( Status Conference set for 4/7/2023 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/14/23) (yv) Transmission to Finance Unit (Cashiers) for processing.
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