Sports Apparel Company – SpA v. abci et al., Civil Action No. 1:22-cv-02119-JPB (ND Ga. Jun 24, 2022)
Plaintiff Sportswear Company – SpA sued defendants abci et al.On May 26, 2022 in the Northern District of Georgia (Atlanta Division), cause of action alleging violation of 15 USC 1051 et seq of federal trademark infringement and passing off and false designation of origin.Except for common law trademark infringement and unfair competition causes of action.The complaint generally states that the plaintiff is a manufacturer and distributor of high-end men’s and youth sportswear and accessories, and owns the federally registered trademarks of STONE ISLAND and the STONE ISLAND COMPASS LOGO.The defendants are foreign entities and/or individuals who allegedly knowingly market and sell various counterfeit goods bearing the plaintiff’s registered trademark through online marketplaces such as Amazon and eBay without the plaintiff’s authorization and knowledge of the plaintiff’s trademark rights.Plaintiff filed concurrently for an ex parte interim restraining order, an asset freezing order, and an order showing reasons.The case was assigned to Judge Jean-Paul Bouly.
On May 27, 2022, the court granted Plaintiff’s Temporary Restraining Order, Asset Freeze Order and Reasons Request.In its order, the court found that (1) the plaintiff owned the federally registered trademark it used in relation to the sale of its clothing and accessories, (2) the defendant used without the plaintiff’s authorization or carried a counterfeit copy of the plaintiff’s trademark by online marketplaces advertise and sell merchandise, (3) defendants ship their counterfeit products in the United States, (4) plaintiffs will suffer irreparable harm if they do not enter the injunction, (5) the temporary restraining order is in the public interest, and (6) The balance of damages favors the plaintiff.The court ordered the defendants to stop making and/or selling any item bearing the plaintiff’s counterfeit trademark or any confusingly similar trademark.The court further orders all financial institutions, payment processors, banks and/or money transfer agencies to immediately attach and freeze all assets in any accounts associated with the defendants.
The court held a hearing to demonstrate why a preliminary injunction should not have been issued on June 23, 2022 without the defendant appearing in court.Accordingly, the court granted a preliminary injunction in favor of the plaintiffs on the same terms as the court’s previous Temporary Restraining Orders, Asset Freezing Orders, and Show Cause Orders.On June 24, 2022, plaintiffs voluntarily dismissed their lawsuit against the three named defendants without prejudice.
If you would like to learn how Lexology can move your content marketing strategy forward, please email [email protected].
Post time: Jul-05-2022