Christian Dior Couture SA v. Lin et al
Filing 8
PRELIMINARY INJUNCTION ORDER. IT IS HEREBY ORDERED THAT, based upon the findings of fact and conclusions of law in Christian Dior's Motion for a Preliminary Injunction, issuance of a Preliminary Injunction is warranted under 15 U.S.C. § 1116, 15 U.S.C. § J 125(c)(J), 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. Huang, Xiaowei Gao, Xingyun Hu, Ming Li, Fei Y. Lu, Yongchan Zhang, Yu Hou Qu, C ai Qin Xie, Mei Lee, their agents, servants, employees, officers, and all other persons and entities in active concert or participation with them, including Xiuqian Chi and Xiaoliu Wang a/k/a Li Li Wang, pending the final hearing and determination of this action, are hereby immediately PRELIMINARILY ENJOINED from: Using any of the following trademarks and/or any other marks comprised of or incorporating the following marks (collectively, the "Marks") or any other Christian Dior 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 as further set forth in this Order. Com mitting any acts calculated to cause the public to believe that any Christian Dior-branded products are sold under the control or supervision of Christian Dior, when they are not; Selling, passing off, inducing, or enabling others to sell or pass off any products as Christian Dior products or as produced by or for Christian Dior, which are not genuine Christian Dior's goods, or are not sold under the control or supervision of Christian Dior; Trafficking, manufacturing, importing, dis tributing, advertising, marketing, promoting, offering for sale, and/or selling counterfeit or infringing versions of Christian Dior branded products ("Counterfeit Products"), or any labels, stickers, tags, signs, prints, wappers, packa ging, literature, and all other materials bearing the Marks or any other Christian Dior trademarks, and all plates, molds or other means for marking the same, directly or indirectly and as further set forth in this Order. IT IS FURTHER ORDERED THA T, during the pendency of this Order, Christian Dior shall be authorized 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 infringing, and thus to confirm whether Defendants are complying with this Order. IT IS FURTHER ORDERED THAT, within thirty days after service of this Order on Defendants by Christ ian Dior, Defendants shall file with the Court and serve on counsel for Christian Dior 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, upon written notice to the Court and Christian Dior's counsel, any Defendant or affected third party may, upon proper showing, appear and move for dissolution or modification of the provisions of this Order. IT IS FURTHER ORDERED THAT, pending the final disposition of all claims 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, this action or any of the claims asserted herein, and maintain them in an accessible form and place. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/1/23) (yv)
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