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Gucci America, Inc. v. 532Buy.Com

United States District Court, S.D. Florida

November 8, 2017

GUCCI AMERICA, INC., Plaintiff,
v.
532BUY.COM, et al., Defendants. Trademark Registration Number Registration Date Class(es) / Good(s) Def. No. Defendant / Subject Domain Name

          ORDER GRANTING PRELIMINARY INJUNCTION

          DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE

         THIS CAUSE comes before the Court on Plaintiff Gucci America, Inc.'s Application for Preliminary Injunction [ECF No. 6]. The Court has carefully reviewed the Application and the record and is otherwise fully advised in the premises. By the instant Application, Plaintiff moves for entry of a preliminary injunction against Defendants, the Individuals, Partnerships and Unincorporated Associations identified on Schedule “A” hereto, for alleged violations of the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a) & (d).

         The Court convened a hearing on November 8, 2017, which was attended by counsel for Plaintiff only. During the hearing, Plaintiff directed the Court to evidence supporting the Application for Preliminary Injunction. Defendants have not responded to the Application for Preliminary Injunction, nor have Defendants made any filing in this case, nor have Defendants appeared in this matter either individually or through counsel. Because Plaintiff has satisfied the requirements for the issuance of a preliminary injunction, the Court grants Plaintiff's Application for Preliminary Injunction.

         I. FACTUAL BACKGROUND[1]

         1. Plaintiff Gucci America, Inc., is the owner of the following trademarks which are valid and registered on the Principal Register of the United States Patent and Trademark Office (the “Gucci Marks”):

Trademark
Registration Number
Registration Date
Class(es) / Good(s)
GUCCI
0, 876, 292
September 9, 1969

IC 018 - pocketbooks, wallets, travel and duffel bags, attache cases, toilet cases sold empty, shoe bags, and umbrellas.

IC 025 - shoes and boots.

GUCCI
0, 959, 338
May 22, 1973

IC 014 - watches.

(Image Omitted)
1, 106, 722
November 21, 1978

IC 025 - Neckties, scarves, belts, footwear, shirts, sweaters, coats, suits, [ dressing gowns, hats, socks, dresses, ] and bathing suits

(Image Omitted)
(Green Red Green Stripe Design)
1, 122, 780
July 24, 1979

IC 018 - wallets, purses, handbags, shoulder bags, clutch bags, tote bags, card cases, attaché cases, valises, suitcases, duffles, and key cases.

(Image Omitted)
(Green Red Green Stripe Design)
1, 123, 224
July 31, 1979

IC 014 - goods made or coated with precious metal-namely, watches.

(Image Omitted)
1, 158, 170
June 23, 1981

IC 025 - clothing-namely, neckties, scarves, belts, footwear, shirts, coats, hats, dresses, and bathing suits.

GUCCI
1, 168, 477
September 8, 1981

IC 025 - neckties, scarves, belts, footwear, shirts, sweaters, coats, suits, dressing gowns, hats, socks, dresses, and bathing suits.

GUCCI
1, 200, 991
July 13, 1982

IC 014 - Bracelets, rings, necklaces, cufflinks, pendants, money clips, keyrings, and pill boxes, all made wholly or in part of precious metal

(Image Omitted)
(Green Red Green Stripe Design)
1, 483, 526
April 5, 1988

IC 025 - footwear.

(Image Omitted)
(Blue/Red/Blue Stripe Design)
1, 511, 774
November 8, 1988

IC 018 - Purses, handbags, shoulder bags, clutch bags, tote bags

(Image Omitted)
2, 234, 272
March 23, 199

IC 014 - Watches and clocks

(Image Omitted)
3, 039, 629
January 10, 2006

IC 025 - footwear and belts.

(Image Omitted)
3, 039, 630
January 10, 2006

IC 018 - wallets, purses, handbags, tote bags, business card cases, credit card cases and key cases, partly or wholly of leather.

(Image Omitted)
3, 039, 631
January 10, 2006

IC 009 - Eyeglass frames and sunglasses

(Image Omitted)
3, 061, 918
February 28, 2006

IC 018 - wallets, purses, handbags, shoulder bags, clutch bags, tote bags, duffel bags, business card cases, calling card cases, credit card cases, name card cases, key cases and attache cases.

(Image Omitted)
3, 072, 547
March 28, 2006

IC 025 - neckties, scarves, belts, footwear and gloves.

(Image Omitted)
3, 072, 549
March 28, 2006

IC 018 - wallets, purses, handbags, shoulder bags, clutch bags, tote bags, business card cases, credit card cases, partly and wholly of leather, key cases, cosmetic cases sold empty, briefcases, attaché cases, valises, suitcases, and duffles.

(Image Omitted)
3, 376, 129
January 29, 2008

IC 018 - wallets, purses, handbags, shoulder bags, tote bags, business card cases, credit card cases, partly and wholly of leather, cosmetic cases sold empty, briefcases, attaché cases, valises, suitcases and duffles.

(Image Omitted)

IC 009 - eyeglass frames and sunglasses.

IC 014 - jewelry and watches.

IC 016 - agendas and notebooks. IC 018 - wallets, purses, handbags, shoulder bags, clutch bags, tote bags, business card cases, credit card cases, partly and wholly of leather, key cases, cosmetic cases sold empty, briefcases, attaché cases, valises, suitcases and duffles.

IC 025 - scarves, belts, footwear, shirts, sweaters, coats, suits.

(Image Omitted)
3, 378, 755
February 5, 2008
(Image Omitted)
3, 391, 739
March 4, 2008

IC 009 - eyeglass frames and sunglasses.

(Image Omitted)
3, 470, 140
July 22, 2008

IC 006 - metal key rings.

IC 014 - jewelry, namely, earrings, pendants, rings, necklaces and watches; key rings of precious metal.

IC 025 - apparel, namely, neckties, scarves, shirts, sweaters, coats, hats, socks, dresses, bathing suits, and gloves.

(Image Omitted)
4, 229, 081
October 23, 2012

IC 014 - jewelry.

IC 018 - wallets, purses, handbags, shoulder bags, clutch bags, tote bags, business card cases, credit card cases partly and wholly of leather, key cases, cosmetic cases sold empty, briefcases, attache cases, valises, suitcases and duffel bags.

IC 025 - neckties, scarves, belts, footwear and gloves.

(Image Omitted)
(Green Red Green Stripe Design)
4, 379, 039
August 6, 2013

IC 025 - shorts, pants, jeans, leggings, t-shirts, polo shirts, shirts, sweaters, sweatshirts, dresses, skirts, swimwear, one piece garments for infants and toddlers, cloth bibs, scarves, ties, hats, gloves, suspenders, belts.

(Image Omitted)
4, 407, 020
September 24, 2013

IC 006 - Metal Key rings

IC 009 - Sunglasses

IC 014 - Jewelry

IC 018 - Wallets, handbags, cosmetic cases; pet accessories, namely, collars for pets

IC 025 - Footwear, t-shirts, shirts, dresses, leggings, hats, shawls, scarves, belts, pants, cardigans, body suits, cloth bibs, skirts, sweatshirts, jackets

GUCCI
4, 407, 149
September 24, 2013

IC 009 - sunglasses and cases for sunglasses.

(Image Omitted)
4, 563, 071
July 8, 2014

IC 009 - protective covers and cases for mobile electronic devices and computers.

IC 014 - watches.

GUCCI
4, 563, 098
July 8, 2014

IC 009 - protective covers and cases for mobile electronic communication devices and computers; computer application software for all mobile devices, namely, software for providing information in the field of fashion, the arts and lifestyle.

GUCCI
4, 563, 132
July 8, 2014

IC 018 - handbags, shoulder bags, clutch bags, tote bags, briefcases, business card cases, credit card cases, backpacks, key cases, passport cases, cosmetic cases sold empty, valises, suitcases, luggage, all the foregoing being made in whole or in part of leather; pet accessories, namely, carriers, collars and leashes; pet collar accessories, namely, charms.

(Image Omitted)
4, 567, 107
July 15, 2014

IC 009 - protective covers and cases for mobile electronic communications devices and computers; cell phone straps.

IC 018 - shoulder bags, clutch bags, backpacks, document cases, cosmetic cases sold empty, briefcases, suitcases, general purpose trolley bags, laptop carrying cases, luggage, duffle bags, tote bags, all of the foregoing being made in whole or in part of leather.

(Image Omitted)
(Green Red Green Stripe Design)
4, 567, 112
July 15, 2014

IC 014 - jewelry and key rings of precious metal.

IC 009 - eyeglasses and sunglasses and cases therefor; protective covers and cases for mobile electronic communication devices and computers; cell phone straps; computer carrying cases.

IC 018 - cosmetic cases sold empty, suitcases, luggage, duffle bags, diaper bags partly and wholly of leather; pet accessories, namely, carriers, collars and leashes.

(Image Omitted)
4, 583, 258
August 12, 2014

IC 009 - protective covers and cases for mobile electronic communications devices and computers; computer cases made of leather.

IC 014 - watches.

IC 018 - backpacks, trollies, baby bags, computer cases made of leather, garment bags, pet accessories, namely, carriers, collars and leashes; pet collar accessories, namely, charms.

IC 025 - clothing, namely, shirts and jackets.

(Image Omitted)
5, 073, 022
November 1, 2016

IC 018 - handbags and wallets. IC 025 - belts and footwear.

See Declaration of Vanni Volpi in Support of Application for Preliminary Injunction (“Volpi Decl.”) ¶¶ 4-5. The Gucci Marks are used in connection with the manufacture and distribution of high quality goods in the categories identified above. Id.

         2. Defendants, through the fully interactive commercial Internet websites and supporting domains operating under their individual, partnership and/or business association names identified on Schedule “A” hereto (the “Subject Domain Names”), [2] have advertised, promoted, offered for sale, or sold goods bearing what Plaintiff has determined to be counterfeits, infringements, reproductions, and/or colorable imitations of Plaintiff's trademarks. See Volpi Decl. ¶¶ 9-12; Declaration of T. Raquel Wiborg-Rodriguez in Support of Application for Preliminary Injunction (“Wiborg-Rodriguez Decl.”) ¶ 2; see also Compl. Composite Ex. 2 [ECF Nos. 1-2 through 1-7].

         3. Although each Defendant may not copy and infringe each Gucci Mark for each category of goods protected, Plaintiff has submitted sufficient evidence showing each Defendant has infringed, at least, one or more of the trademarks at issue. See Volpi Decl. ¶¶ 9-12. Defendants are not now, nor have they ever been, authorized or licensed to use, reproduce, or make counterfeits, reproductions, or colorable imitations of the Gucci Marks. See Id. ¶¶ 9-10, 12.

         4. Plaintiff's representative reviewed and visually inspected Defendants' Websites, including web page captures reflecting various products offered for sale bearing the Gucci Marks via the Subject Domain Names, and determined the products offered for sale were non-genuine, unauthorized versions of Plaintiff's products. See Id. ¶¶ 10-12.

         5. On October 23, 2017, Plaintiff filed its Complaint [ECF No. 1] against Defendants for federal trademark counterfeiting and infringement, false designation of origin, cybersquatting, common law unfair competition, and common law trademark infringement. On October 24, 2017, Plaintiff filed its Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction [ECF No. 6]. On October 24, 2017, the Court entered an Order Granting Ex Parte Temporary Restraining Order [ECF No. 7] and temporarily restrained Defendants from infringing Plaintiff's Marks at issue. Pursuant to the Court's Order on October 24, 2017, Plaintiff properly served Defendants with a copy of the Complaint, together with a copy of the October 24, 2017 Order. Thereafter, Certificates of Service were filed confirming service on Defendants. [ECF Nos. 10, 11, & 12].

         II. LEGAL STANDARD

         In order to obtain a preliminary injunction, a party must demonstrate “(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that the entry of the relief would serve the public interest.” Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005) (per curiam); see also Levi Strauss & Co. v. Sunrise Int'l. Trading Inc., 51 F.3d 982, 985 (11th Cir. 1995).

         III. ...


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