Salvatore Ferragamo S.p.A. v. Does
| New York Southern District Court | |
| Judge: | Richard J Sullivan |
| Case #: | 1:17-cv-01612 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1114 Trademark Infringement (Lanham Act) |
| Case Filed: | Mar 03, 2017 |
| Terminated: | Feb 28, 2018 |
| Last checked: Wednesday Aug 30, 2017 5:16 AM EDT |
|
Defendant
1-60 John Does
|
|
|
Plaintiff
Salvatore Ferragamo S.p.A.
|
Represented By
|
| Docket last updated: 04/02/2025 11:59 PM EDT |
| Wednesday, February 28, 2018 | ||
| 21 | 21
misc
AO 120 Form Trademark - Case Terminated - Submitted
Wed 02/28 4:55 PM
AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 2/28/2018 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (ras) |
|
|
Att: 1
Default Judgment and Permanent Injunction
|
||
| 20 | 20
order
Judgment - Default
Wed 02/28 4:47 PM
DEFAULT JUDGMENT AND PERMANENT INJUNCTION: IT IS HEREBY ORDERED that Plaintiff's application for a Default Judgment and Permanent Injunction is granted and that this Final Judgment is entered against Defendants...IT IS FURTHER ORDERED THAT pursuant to 15 U.S.C. § 1117(c)(2), Plaintiff is awarded statutory damages in the amount of sixty million dollars ($60,000,000) for Defendants willful use of Plaintiff's Trademarks in connection with the Counterfeit Products offered for sale on the Defendants' Websites and through the Infringing Domain Names...IT IS FURTHER ORDERED THAT in the event Plaintiff identifies any additional domain names or accounts owned by Defendants, Plaintiff may send notice of any supplemental proceeding to Defendants by email at the email addresses identified in the Proofs of Service. The Court shall retain jurisdiction over the parties and subject matter of this litigation for the purpose of interpretation and enforcement of this Order, and as further set forth herein. (Signed by Judge Richard J. Sullivan on 2/28/2018) (ras) |
|
| Friday, July 14, 2017 | ||
| 19 | 19
service
Affidavit of Service Other
Fri 07/14 12:03 PM
AFFIDAVIT OF SERVICE of ORDER TO SHOW CAUSE WHY A DEFAULT JUDGMENT AND PERMANENT INJUNCTION SHOULD NOT BE ENTERED; AFFIDAVIT IN SUPPORT; MEMORANDUM OF LAW IN SUPPORT; PRELIMINARY INJUNCTION served on ALL DEFENDANT JOHN DOES 1 to 60 on July 14, 2017. Service was made by E-MAIL. Document filed by Salvatore Ferragamo S.p.A..(Gioconda, Joseph) |
|
|
Att: 1
Exhibit A
|
||
| Tuesday, June 20, 2017 | ||
| 14 | 14
order
Memo Endorsement ~Util - Set Deadlines/Hearings
Tue 06/20 1:54 PM
MEMO ENDORSEMENT: on re:13 Letter filed by Salvatore Ferragamo S.p.A. (It is the Plaintiff's intention to move for a default judgment pursuant to Rule 55 and Rule 6 of the Court's Individual Rules and Practices. Plaintiff respectfully intends to so move by no later than July 13, 2017). ENDORSEMENT: SO ORDERED., ( Motions due by 7/13/2017.) (Signed by Judge Richard J. Sullivan on 6/20/2017) (ama) |
|
| 13 | 13
misc
Letter
Tue 06/20 11:04 AM
LETTER addressed to Judge Richard J. Sullivan from JOSEPH C. GIOCONDA, ESQ. dated June 20, 2017 re: STATUS UPDATE. Document filed by Salvatore Ferragamo S.p.A..(Gioconda, Joseph) |
|
| Friday, March 17, 2017 | ||
| 11 | 11
order
Preliminary Injunction
Fri 03/17 12:48 PM
PRELIMINARY INJUNCTION ORDER: IT IS HEREBY ORDERED that the Defendants, and their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with them, are PRELIMINARILY ENJOINED from infringing the Ferragamo Trademarks or Plaintiff's rights therein, or using or exploiting the Ferragamo Trademarks, by: a. Using any reproduction, counterfeit, copy, or colorable imitation of the Ferragamo Trademarks for and in connection with any goods or their packaging not authorized by the Plaintiff; b. Engaging in any course of conduct likely to cause confusion, deception, or mistake, or to injure Plaintiff's business reputation, or to dilute the distinctive quality of the Ferragamo Trademarks; c. Using any false description or representation, including words or other symbols tending falsely to describe or represent the Defendants' unauthorized goods or their packaging as Plaintiff's, or sponsored by or associated with Plaintiff, and from offering such goods into commerce; d. Manufacturing, producing, distributing, circulating, selling, marketing, offering for sale, advertising, promoting, renting, displaying, or otherwise disposing of any products or packaging not authorized by Plaintiff that bear any simulation, reproduction, counterfeit, copy, or colorable imitation of the Ferragamo Trademarks; as further set forth herein. IT IS FURTHER ORDERED THAT the Plaintiff may complete service of process on the Defendants by electronic mail to the email addresses enumerated in Exhibit B. Plaintiff has demonstrated that completing service of process on these email addresses will provide adequate notice to the Defendants pursuant to FED. R. Civ. P. 4. The Defendants are hereby given further notice that they shall be deemed to have actual notice of the issuance and terms of such Preliminary Injunction and any act by them or any one of them in violation of any of the terms thereof may be considered and prosecuted as contempt of this Court. IT IS FURTHER ORDERED that Plaintiff's complaint, which is currently under seal at docket number one, shall be unsealed. (Signed by Judge Richard J. Sullivan on 3/16/2017) (mro) |
|
|
misc
Transmission to Sealed Records Clerk
Fri 03/17 12:48 PM
Transmission to Sealed Records Clerk. Transmitted re:11 Preliminary Injunction, to the Sealed Records Clerk for the sealing or unsealing of document or case. (mro) |
||
| Thursday, March 16, 2017 | ||
|
minutes
Show Cause Hearing
Thu 03/16 5:15 PM
Minute entry for show-cause hearing held before Judge Richard J. Sullivan on March 16, 2017 at approximately 4:30 p.m. Joseph Christopher Gioconda was present for Plaintiff. Defendants did not appear. Court reporter was present.(Ruben, Ari) |
||
| Tuesday, March 14, 2017 | ||
| 10 | 10
notice
Notice (Other)
Tue 03/14 9:09 PM
NOTICE of POSTING UNDERTAKING (BOND) ON TEMPORARY RESTRAINING ORDER re:6 Order to Show Cause, Set Deadlines,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by Salvatore Ferragamo S.p.A..(Gioconda, Joseph) |
|
|
Att: 1
Exhibit A
|
||
| Monday, March 13, 2017 | ||
| 9 | 9
respoth
Memorandum of Law in Support (non-motion)
Mon 03/13 10:54 AM
MEMORANDUM OF LAW in Support re:6 Order to Show Cause, Set Deadlines,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, . Document filed by Salvatore Ferragamo S.p.A.. (Gioconda, Joseph) |
|
| 8 | 8
respoth
Declaration in Support (non-motion)
Mon 03/13 10:53 AM
DECLARATION of Ilaria Pecchioli in Support re:6 Order to Show Cause, Set Deadlines,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by Salvatore Ferragamo S.p.A.. (Gioconda, Joseph) |
|
| 7 | 7
respoth
Affidavit in Support (non-motion)
Mon 03/13 10:51 AM
AFFIDAVIT of Joseph C. Gioconda, Esq. in Support re:6 Order to Show Cause, Set Deadlines,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by Salvatore Ferragamo S.p.A.. (Gioconda, Joseph) |
|
| Friday, March 10, 2017 | ||
| 6 | 6
order
Order to Show Cause ~Util - Set Deadlines
Mon 03/13 9:14 AM
EX PARTE ORDER: IT IS HEREBY ORDERED THAT Defendants, and their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with them, are TEMPORARILY RESTRAINED from infringing the Ferragamo Trademarks or Plaintiff's rights therein, or using or exploiting the Ferragamo Trademarks, as further set forth herein. IT IS FURTHER ORDERED THAT this Temporary Restraining Order shall remain in effect until March 16, 2017, the date of the show cause hearing. IT IS FURTHER ORDERED THAT Plaintiff shall post a corporate surety bond, cash, or certified or attorney's check in the amount of $10,000 as security, which the Court deems adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful seizure or restraint hereunder. IT IS FURTHER ORDERED THAT the Plaintiff may complete service of process on the Defendants by electronic mail to the email addresses enumerated in Exhibit B of this Order by March 9, 2017. Plaintiff has demonstrated that completing service of process on these email addresses will provide adequate notice to the Defendants pursuant to FED. R. CIV. P. 4. IT IS FURTHER ORDERED THAT, no later than March 9, 2017, Plaintiff shall file on ECF an affidavit or declaration stating the date on which the Order was executed, the means of serving Defendants, whether any assets were restrained, and a description thereof. IT IS FURTHER ORDERED THAT, no later than March 9, 2017, Plaintiff shall also file on ECF copies of its Complaint and all papers submitted in connection with this motion. Pursuant to Rules 1.A and 2.D of the Court's Individual Rules and Practices, courtesy copies of all motion papers and letters submitted to the Court shall also be emailed to sullivannysdchambers@nysd.uscourts.gov IT IS FURTHER ORDERED THAT Defendants shall appear on March 16, 2017 at 4:30 P.M., or as soon thereafter as counsel can be heard, in Courtroom 905 of the Thurgood Marshall United States District Court for the Southern District of New York, 40 Foley Square, New York, New York 10007, to show cause why an order pursuant to Rules 64 and 65 of the Federal Rules of Civil Procedure and Section 34 of the Lanham Act should not be entered granting Plaintiff a Preliminary Injunction to continue the asset restraint and registry hold of the Infringing Websites' domain names; and IT IS FURTHER ORDERED THAT the Defendants' answering papers, if any, shall be filed with the Clerk of this Court and served upon the attorneys for Plaintiff by delivering copies thereof to the offices of The Gioconda Law Group PLLC, 100 Park Avenue, 16th Floor, New York NY 10017, Attn: Joseph C. Gioconda, Esq., no later than March 13, 2017. Copies of any opposition submissions shall also be emailed to sullivannysdchambers@nysd.uscourts.gov. Any reply shall be filed and served by Plaintiff on ECF, with a courtesy copy emailed to sullivannysdchambers@nysd.uscourts.gov, no later than March 16, 2017. Defendants are hereby given notice that failure to attend the hearing scheduled by this Order may result in confirmation of the restraints authorized herein, immediate issuance of the prayed-for Preliminary Injunction to take effect immediately upon expiration or dissolution of the within Temporary Restraining Order, and shall otherwise extend for the pendency of this litigation relief upon the same or similar terms and conditions as comprise this Temporary Restraining Order. ( Show Cause Hearing set for 3/16/2017 at 04:30 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) Show Cause Response due by 3/16/2017. (Signed by Judge Richard J. Sullivan on 3/6/2017) (mro) |
|
| Thursday, March 09, 2017 | ||
| 5 | 5
service
Affidavit of Service Complaints
Thu 03/09 11:34 PM
AFFIDAVIT OF SERVICE of Summons and Complaint. All Defendants. Service was made by E-MAIL. Document filed by Salvatore Ferragamo S.p.A..(Gioconda, Joseph) |
|
|
Att: 1
Exhibit A
|
||
| 4 | 4
respoth
Affidavit (non-motion)
Thu 03/09 2:05 PM
AFFIDAVIT of Joseph C. Gioconda, Esq. in Compliance with TRO . Document filed by Salvatore Ferragamo S.p.A.. (Gioconda, Joseph) |
|
| Monday, March 06, 2017 | ||
| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Mon 03/06 11:39 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ferragamo Finanzieri S.p.A. for Salvatore Ferragamo S.p.A.. Document filed by Salvatore Ferragamo S.p.A..(Gioconda, Joseph) |
|
| Friday, March 03, 2017 | ||
| 2 | 2
misc
Civil Cover Sheet
Fri 03/03 5:15 PM
CIVIL COVER SHEET filed. (laq) |
|
| 1 | 1
cmp
Complaint
Fri 03/03 5:13 PM
COMPLAINT against John Does. (Filing Fee $ 400.00, Receipt Number 1175929)Document filed by Salvatore Ferragamo S.p.A..(laq) |
|
|
service
Summons Issued
Fri 03/03 5:14 PM
SUMMONS ISSUED as to John Does. (laq) |
||
|
utility
Case Designation
Fri 03/03 5:14 PM
Magistrate Judge Henry B. Pitman is so designated. (laq) |
||
|
utility
Case Designated ECF
Fri 03/03 5:15 PM
Case Designated ECF. (laq) |
||