Taylor Swift v. Malcolm Matthews, et al

Filing 17

ORDER: 16 MOTION To Extend Temporary Restraining Order and Order of Seizure of Counterfeit Goods is granted, and the Temporary Restraining Order and Order of Seizure of Counterfeit Goods is extended. This matter is set for Preliminary Injunction hearing on 6/17/09, at 10:00 a.m. Signed by Senior Judge Thomas Wiseman on 5/28/09. (km) (cc: Counsel for plaintiff) (km).

Taylor Swift v. Malcolm Matthews, et al

Doc. 17

GRANTED, and the Temporary Restraining Order and Order of Seizure of Counterfeit Goods is extended. This matter is set for a Preliminary Injunction hearing on WEDNESDAY, JUNE 17, 2009, at 10:00 a.m. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE IN NASHVILLE

TAYLOR SWIFT, Plaintiff v. MALCOLM MATTHEWS, et al., Defendants

Civil Action No. 3:09-0442 Judge Wiseman Magistrate Judge Griffin FILED UNDER SEAL

MOTION TO EXTEND TEMPORARY RESTRAINING ORDER AND ORDER OF SEIZURE OF COUNTERFEIT GOODS

r equests that the Temporary Restraining Order and Order of Seizure of Counterfeit Goods entered by this Court on May 19, 2009 (Document 12) be extended until such time as the Court o f seizure of counterfeit goods. The present action came before this Court on May 18, 2009, when Plaintiff filed a Verified Complaint, seeking relief for trademark infringement and trademark dilution, in violation of the Trademark (Lanham) Act, 15 U.S.C. § 1051 et seq., use of counterfeit marks, in violation of the Trademark Counterfeiting Act of 1984, 15 U.S.C. § 1116(d), common law unfair competition, violation of Tennessee Consumer Protection Act, Tenn. Code Ann. § 47-18-101 et seq., and violation of the Tennessee Personal Rights Protection Act of 1984, Tenn. Code Ann. § 47-25-1101 et seq. Plaintiff also applied to the Court for a Temporary Restraining Order and

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t o ademarks TAYLOR SWIFT, TAYLOR SWIFT (Styl r

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rder of seizure of goods beari On May 19, 2009, the Court entered a Temporary Restraining Order and Order of Seizure of Counterfeit Goods (Document 12) ( Order ), enjoining and restraining Defendants from: (a) manufacturing, distributing, offering to distribute, offering for sale, or selling any merchandise and products that bear marks, words and/or names identical or confusingly similar to, or are t hat Counterfeit Goods are sponsored, manufactured or licensed by Plaintiff; and (c) otherwise taking any action likely to cause confusion, mistake or deception as to the origin of Counterfeit Preliminary Injunction a

s may be incurred or suffered by any party who is found to have been wrongfully restrained, r equired bond with the Court on May 19, 2009. Accordingly, Plaintiff respectfully requests that this Court extend the Order until the time S eizure of Counterfeit Goods. In support of this Motion, and as required by 15 U.S.C. § 1116(d)(10)(A), Plaintiff submits First Declaration of Frank Travato, as Exhibit A to this Motion. Section 1116(d)(10)(A) of Title 15 of the United States Code requires Plaintiff to

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s uch order are still i a t and near ning order and order of seizure of Counterfeit Goods, Plaintiff is unable to effectively combat such activities and enforce her trademark and personal rights, and will not receive adequate cooperation from the local law enforcement officers for her anti-counterfeiting enforcement efforts. M emorandum in Support of Ex Parte Motion for Temporary Injunction, Motion for Preliminary Injunction and Application for Order of Seizure of Counterfeit Goods (Document 4). WHEREFORE, Plaintiff moves this Court to extend the Temporary Restraining Order p reliminary injunction and continued order of seizure in this matter.

Respectfully submitted,

/s/ Natalya L. Rose W. Michael Milom (No. 002803) David S. Crow (No. 020699) Natalya L. Rose (No. 021701) MILOM JOYCE HORSNELL CROW PLC 3310 West End Avenue, Suite 610 Nashville, Tennessee 37203 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff Taylor Swift

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