ADIDAS AG v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A

CourtDistrict Court, S.D. Florida
DecidedDecember 6, 2023
Docket0:23-cv-62188
StatusUnknown

This text of ADIDAS AG v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A (ADIDAS AG v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ADIDAS AG v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, (S.D. Fla. 2023).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 23-cv-62188-BLOOM/Hunt

ADIDAS AG, et al.,

Plaintiffs, v.

THE INDIVIDUALS, BUSINESS ENTITIES, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE “A,” Defendants. /

ORDER GRANTING PLAINTIFFS’ MOTION FOR ENTRY OF PRELIMINARY INJUNCTION

THIS CAUSE is before the Court upon Plaintiffs’ Motion for Entry of Preliminary Injunction(“Motion”), ECF No. [8]. The Court has carefully considered the Motion, the record in this case, and the applicable law, and is otherwise fully advised. Plaintiffs, adidas AG, adidas International Marketing B.V., and adidas America, Inc. (“Plaintiffs”), move for entry of a preliminary injunction against Defendants,1 for alleged violations of the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), and 1125(d). The Court held a hearing by video conference on December 6, 2023, which was attended by counsel for Plaintiffs only. During the hearing, Plaintiffs directed the Court to evidence supporting the Motion. None of the Defendants formally responded to the Motion, nor have they made any appearance or filing in this

1 Defendants are the Individuals, Business Entities, and Unincorporated Associations identified on Schedule “A”. Plaintiffs filed a version of Schedule “A” at docket entry 10-1, which appears substantially to be a copy of the version attached hereto. ECF No. [10-1]. To the extent there is any conflict between the versions, the version attached to this Order controls. Case No. 23-cv-62188-BLOOM/Hunt

case, either individually or through counsel. Because Plaintiffs have satisfied the requirements for the issuance of a preliminary injunction, the Court grants the Motion. I. BACKGROUND? Plaintiffs are the owners of the following trademarks (the “adidas Marks”), which are valid and registered on the Principal Register of the United States Patent and Trademark Office (USPTO):

Trademark Registration | Registration Class / Goods Number Date IC25. sport shoes namely, track and field shoes, baseball, boxing, football, skating, golf, and soccer shoes; sportswear ADIDAS 0,891,222 May 19, 1970 |namely, suits, shorts, pants, tights, shirts, gloves, and the like; jerseys; socks; sport shoes namely, track and field training shoes, basketball shoes, and tennis shoes. IC 018. tote bags. November 20, IC 25. specific purpose athletic shoes; 0,973,161 1973 general purpose sport shoes, sportswear- namely, suits, shorts, pants, tights, shirts, jerseys, socks, and gloves. IC 025. Sportswear-Namely, Suits, Shorts, Pants, Tights, Shirts, Jerseys, adidas 1,300,627 oe 16, Socks, Gloves, Jackets, Coats, Swimwear, Sweaters, Caps, Pullovers, Warm-Up Suits, Boots, Shoes, Slippers. IC 025. Sportswear-Namely, Suits, Shorts, Pants, Tights, Shirts, Jerseys, 1.310.140 December 18, |Socks, Gloves, Jackets, Coats, ~~ 1984 Swimwear, Sweaters, Caps, Pullovers, Warm-Up Suits, Rain Suits, Ski Suits, Jump Suits, Boots, Shoes, Slippers.

? The factual background is taken from Plaintiffs’ Complaint, ECF No. [1], Plaintiffs’ Motion, ECF No. [8], and supporting evidentiary submissions. Plaintiffs filed declarations and exhibits annexed thereto in support of their Motion. The declarations are available in the docket at the following entries: Gutierrez Decl., ECF No. [8-2], Gigante Decl., ECF No. [8-3], and Burns Decl. ECF No. [8-4].

QO) fF sis9se | NT 1c 25. athletic footwear. Ka oo 1994

1,833,868 May 3, 1994 [IC 25. athletic footwear. IC 025. sports and leisure wear, namely shorts, pants, shirts, T-shirts, jerseys, tights, socks, gloves, jackets, swimwear, < August 11, |sweaters, caps and hats, pullovers, warm- AY 2,179,796 1998 up suits, rain-suits, ski suits, jump suits, boots, slippers, sandals, specific purpose athletic shoes, and general purpose sport shoes. 2,278,589 Septet 21, IC 025. athletic and leisure footwear. IC 018. All purpose sport bags, athletic bags, traveling bags, backpacks, knapsacks. IC 025. Sports and leisure wear, namely, shorts, pants, shirts, T-shirts, jerseys, socks, gloves, jackets, swimwear, caps “A 2,411,802 December 12, and hats, pullovers, sweat-shirts, sweat a 2000 . : suits, track suits, warm-up suits; boots, sandals, specific purpose athletic shoes and general all purpose sports shoes. IC 028. Sports balls and playground balls; guards for athletic use, namely, shin guards, knee guards and leg guards. ») 3.029.127 December 13, | IC 025. Clothing, namely, T-Shirts, _— 2005 sweatshirts, jackets and coats.

3,029,129 | Pecember 13, | 16 995, Footwear. 2005

eee 3,029,135 | Pecember 13, | 10 995, Footwear. [oe 2005

IC 009. Optical apparatus and instruments, namely, eyeglasses and sunglasses. IC 014. Horological and chronometric instruments, namely, watches IC 018. Leather and imitations of leather, and goods made from these materials in the nature of bags for general and sport use, namely, handbags, tote bags, waist packs, overnight bags, backpacks, knapsacks and beach bags; trunks; traveling bags for general and sport use; leather and imitations of leather and 3,104,117 Tune 13, 2006 goods made from these materials, namely, wallets, briefcases. IC 025. Sports and leisure wear, namely suits, shorts, pants, sweatpants, skirts, skorts, dresses, blouses, shirts, T-shirts, sleeveless tops, polo shirts, vests, jerseys, sweaters, sweatshirts, pullovers, coats, jackets, track suits, traming suits, warm- up suits, swimwear, underwear, socks, gloves, scarves, wristbands and belts; headgear, namely caps, hats, visors, headbands; athletic footwear and leisure foot wear, namely boots, sandals, specific purpose athletic shoes and general purpose sports shoes. February 24, |IC 025. Clothing, namely, shirts; BOOST 3,580,958 2009 footwear.

sPLy-350 | 5,413,495 | PENAtY27 | 10 095, Footwear.

See Decl. of Mia Nidia Gutierrez (Gutierrez Decl.), ECF No. [8-2] 4-5; ECF No. [1-2] (containing Certificates of Registrations for the adidas Marks at issue). The adidas Marks are used in connection with the manufacture and distribution of high-quality goods in the categories identified above. See Gutierrez Decl., ECF No. [8-2] 4-5. Defendants, by operating the Internet based e-commerce stores under the seller names (the “E-commerce Store Names”) identified on Schedule “A” have advertised, promoted, offered for

sale, or sold goods bearing and/or using what Plaintiffs have determined to be counterfeits, infringements, reproductions, and/or colorable imitations of the adidas Marks. See id. ¶¶ 13–17; Decl. of Virgilio Gigante (Gigante Decl.), ECF No. [8-3] ¶ 2; Decl. of Kathleen Burns (Burns Decl.), ECF No. [8-4] ¶ 4.

Although each Defendant may not copy and infringe each adidas Mark for each category of goods protected, Plaintiffs have submitted sufficient evidence showing that each Defendant has infringed, at least, one or more of the adidas Marks. See Gutierrez Decl., ECF No. [8-2] ¶¶ 13–17. Defendants are not now, nor have they ever been, authorized or licensed to use, reproduce, or make counterfeits, reproductions, or colorable imitations of the adidas Marks. See Gutierrez Decl., ECF No. [8-2] ¶¶ 13, 16. Plaintiffs’ counsel retained Invisible Inc., a licensed private investigative firm, to investigate the promotion and sale of counterfeit and infringing versions of Plaintiffs’ products by Defendants and to document the available payment account data for receipt of funds paid to Defendants for the sale of counterfeit versions of Plaintiffs’ branded products. See Gutierrez Decl.,

ECF No. [8-2] ¶ 14; Gigante Decl., ECF No. [8-3] ¶ 2; Burns Decl., ECF No. [8-4] ¶ 3.

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ADIDAS AG v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adidas-ag-v-the-individuals-business-entities-and-unincorporated-flsd-2023.