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Gucci America, Inc. v. Amptdress

United States District Court, S.D. Florida

October 7, 2019

GUCCI AMERICA, INC., Plaintiff,
v.
AMPTDRESS, et al., Defendants. Trademark Registration Number Registration Date Class(es) / Good(s) Def. No. Defendant / Seller ID Financial Account Information Store URL / Customer Service E-mail

          ORDER GRANTING MOTION FOR ENTRY OF PRELIMINARY INJUNCTION

          RODNEY SMITH, UNITED STATES DISTRICT JUDGE.

         THIS CAUSE came before the Court upon Plaintiff's Motion for Entry of Preliminary Injunction (the “Motion”) [DE 6]. The Court has carefully reviewed the Motion and the record and is otherwise fully advised in the premises.

         By the instant Motion, Plaintiff, Gucci America, Inc. (“Plaintiff”) moves for entry of a preliminary injunction against Defendants, the Individuals, Partnerships, and Unincorporated Associations Identified on Schedule “A” hereto (collectively “Defendants”) pursuant to 15 U.S.C. § 1116 and Fed.R.Civ.P. 65, and The All Writs Act, 28 U.S.C. § 1651(a).

         The Court convened a hearing on October 7, 2019, at which only counsel for Plaintiff was present and available to present evidence supporting the Motion. Because Plaintiff has satisfied the requirements for the issuance of a preliminary injunction, the Court will now grant Plaintiff's Motion for Preliminary Injunction.

         I. Factual Background[1]

         Plaintiff 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 and shoe bags.

IC 018 - umbrellas.

IC 021 - vacuum bottles, compacts sold empty and vanity cases sold empty.

IC 025 - shoes and boots.

(Image Omitted)

1, 097, 555

July 25, 1978

IC 025 - neckties, scarves, footwear, shirts, sweaters, and coats.

(Image Omitted)

1, 106, 722

November 21, 1978

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

(Image Omitted)

1, 107, 311

November 28, 1978

IC 018 - wallets, purses, handbags, shoulder bags, clutch bags, tote bags, card cases, partly and wholly of leather, key cases, passport cases, cosmetic cases, attache cases, valises, suitcases, duffles.

(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, attache cases, valises, suitcases, duffles, and key cases.

(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.

(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, and tote bags.

(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, 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, 378, 755

February 5, 2008

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)

4, 220, 947

October 9, 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, attaché cases, valises, suitcases and duffel bags.

IC 025 - neckties, scarves, belts, footwear 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, 555, 556

June 24, 2014

IC 009 - bicycle helmets; eyewear.

IC 012 - bicycles.

IC 018 - backpacks, cosmetic cases sold empty partly and wholly of leather.

IC 025 - scarves, belts, footwear, t-shirts, shirts, pants, blazers, sweatshirts, sweat pants, hats, and dresses.

(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)

(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.

BLIND FOR LOVE

5, 183, 371

April 11, 2017

IC 018 - handbags, tote bags, shoulder bags, pouches of leather, travelling cases of leather and leather credit card cases and holders.

(Image Omitted)

5, 279, 452

September 5, 2017

IC 014 - watches.

IC 018 - handbags, shoulder bags, tote bag and wallets.

IC 025 - clothing, namely, scarves, neckties and footwear.

         (See Declaration of Jessica Haugen in Support of Plaintiff's Motion for Preliminary Injunction (“Haugen Decl.”) ¶¶ 4-5; see also United States Trademark Registrations of the Gucci Marks at issue attached as Composite Exhibit 1 to the Amended Complaint.) The Gucci Marks are used in connection with the manufacture and distribution of high quality goods in the categories identified above. (See Id. ¶ 5.)

         Defendants, by operating e-commerce stores via Internet marketplace platforms under their seller identification names or commercial Internet websites under their domain names identified on Schedule “A” hereto (the “Seller IDs and Subject Domain Names”), have advertised, promoted, offered for sale, or sold goods bearing and/or using what Plaintiff has determined to be counterfeits, infringements, reproductions, and/or colorable imitations of the Gucci Marks. (See Haugen Decl. ¶¶ 10-14; Declaration of T. Raquel Wiborg-Rodriguez in Support of Plaintiff's Motion for Preliminary Injunction (“Wiborg-Rodriguez Decl.”) ¶ 2; Declaration of Kathleen Burns in Support of Plaintiff's Motion for Preliminary Injunction (“Burns Decl.”) ¶ 4; Declaration of Eric Rosaler in Support of Plaintiff's Motion for Preliminary Injunction (“Rosaler Decl.”) ¶ 4.)

         Although each Defendant may not copy and infringe each Gucci Mark for each category of goods protected, Plaintiff has submitted sufficient evidence showing that each Defendant has infringed, at least, one or more of the Gucci Marks. (See Haugen Decl. ¶¶ 10-14.) 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. at ¶¶ 10, 13-14.)

         Plaintiff's counsel retained Invisible Inc and AED Investigations, Inc. (“AED”), both licensed private investigative firms, to investigate the promotion and sale of counterfeit and infringing versions of Plaintiff's branded products by Defendants and to obtain the available payment account data for receipt of funds paid to Defendants for the sale of counterfeit versions of Plaintiff's branded merchandise through the Seller IDs and Subject Domain Names. (Haugen Decl. ¶ 11; Burns Decl. ¶ 3; Rosaler Decl. ¶ 3; Wiborg-Rodriguez Decl. ¶ 2.) Invisible Inc and AED collectively accessed each[2] of the e-commerce stores and commercial Internet websites operating under Defendants' Seller IDs and Subject Domain Names, placed an order for the purchase of a product bearing counterfeits of, at least, one of the Gucci Marks at issue in this action, and requested each product to be shipped to one of their addresses in the Southern District of Florida. (See Burns Decl. ¶ 4; Rosaler Decl. ¶ 4.) Following submission of the orders, Invisible Inc and AED finalized payment for the Gucci branded items purchased from Defendants to Defendants' respective payment accounts and/or payee[3] as identified on Schedule “A” hereto.[4] (Id.) At the conclusion of the process, the detailed web page captures and images of the Gucci branded items Invisible Inc and AED purchased via Defendants' Seller IDs and Subject Domain Names, together with photographs of the some of the items Invisible Inc received, were sent to Plaintiff's representative for review. (See Haugen Decl. ¶ 12; Burns Decl. ¶ 4; Rosaler Decl. ¶ 4; Wiborg-Rodriguez Decl. ¶ 2.) Plaintiff's representative conducted a review and visually inspected the Gucci branded items Invisible Inc and AED purchased via the Seller IDs and Subject Domain Names and determined the products were non-genuine, unauthorized versions of Plaintiff's products. (See Haugen Decl. ¶¶ 13-14.)

         On September 12, 2019, Plaintiff filed its Complaint [DE 1] and thereafter its Amended Complaint on October 4, 2019 [DE 18] against Defendants for federal trademark counterfeiting and infringement, false designation of origin, common law unfair competition, and common law trademark infringement. On September 12, 2019, Plaintiff filed its Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets [DE 6]. On September 17, 2019, this Court entered an Order Granting Ex Parte Application for Entry of Temporary Restraining Order (the “TRO”) [DE 8] and temporarily restrained Defendants from infringing the Gucci Marks at issue and restrained funds in the payment accounts associated with the Defendants. Pursuant to the Court's September 17, 2019 TRO, Plaintiff properly served Defendants with a copy of the Complaint, the Court's September 17, 2019 TRO, and all filings in this matter [see DE Nos. 20 and 21]. On October 7, 2019, the Court conducted a hearing on Plaintiff's Motion, at which only counsel for Plaintiff was in attendance.

         II. Legal Standard

         In order to obtain a preliminary injunction, a party must demonstrate “(1) [there is] 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); see also Levi Strauss & Co. v. Sunrise Int'l. Trading Inc., 51 F.3d 982, 985 (11th Cir. 1995) (applying the test to a preliminary injunction in a Lanham Act case).

         III. Conclusions of Law

         The declarations Plaintiff submitted in support of its Motion support ...


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