Goyard St-Honore v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A

CourtDistrict Court, S.D. Florida
DecidedSeptember 24, 2019
Docket0:19-cv-60168
StatusUnknown

This text of Goyard St-Honore v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A (Goyard St-Honore v. The Individuals, Partnerships, 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
Goyard St-Honore v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A, (S.D. Fla. 2019).

Opinion

United States District Court for the Southern District of Florida

Goyard St-Honore, Plaintiff, ) ) ) v. ) ) Civil Action No. 19-60168-Civ-Scola Goyy and others, Defendants. ) ) ) )

Order on Application for Preliminary Injunction This matter is before the Court on the Plaintiff’s Application for Entry of Preliminary Injunction (the “Application for Preliminary Injunction”) (ECF No. 6) and upon the Preliminary Injunction hearing held on September 23, 2019. Plaintiff Goyard St-Honore moves for entry of a preliminary injunction against the Defendants, the Individuals, Partnerships, or Unincorporated Associations identified on Schedule “A,” pursuant to 15 U.S.C. § 1116 and Fed. R. Civ. P. 65, and The All Writs Act, 28 U.S.C. § 1651(a), for alleged violations of the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a), and Florida law. The Court has carefully reviewed the application, the pertinent portions of the Record, and is otherwise fully advised in the premises. The Court convened a hearing on September 23, 2019, at which only counsel for the Plaintiff was present and available to present evidence supporting the Application for Preliminary Injunction. The Defendants have not responded to the Application for Preliminary Injunction, nor made any filing in this case, nor has the Defendants appeared in this matter either individually or through counsel. Because the Plaintiff has satisfied the requirements for the issuance of a preliminary injunction, the Court grants Plaintiff’s Application for Preliminary Injunction (ECF No. 6). 1. Factual Background The Plaintiff is the registered owner of the following trademarks on the Principal Register of the United States Patent and Trademark Office (collectively, the “Goyard Marks”). Number Date IC 016 - Office requisites; namely, agendas and spare sheets therefor, repertories, desk pads, pen holders, stamp boxes for the storage of postage stamps, writing pads, address pads, pencil jars for desk use, ink wells, mail trays for desk use, note books, check cases and pen cases. IC 018 - Articles of fancy leather, leather, cloth and skin articles; \ August 25, |namely, valises, travel trunks, 1,709,953 1992 cosmetic cases, travelling bags, handbags, brief cases, attache cases, brief case type document cases, toilet cases sold empty, makeup cases sold empty, sewing cases, wallets, hat boxes for travel, business card cases, key cases, drawstring pouches, garment bags for travel, necktie cases, jewel cases, umbrellas, saddle covers, cloth carriers, articles for dogs; namely, dog collars, dog leashes, dog clothes and carrying bags.

Number Date IC 016 - Office requisites; namely, agendas, repertories, note books, check cases and pen cases. IC 018 - Articles of fancy leather, leather, cloth and skin articles; namely, valises, travel trunks, cosmetic cases sold empty, traveling bags, handbags, February 15, |briefcases, attache cases, GOYARD 1,821,224 1994 briefcase type document cases, toilet cases sold empty, make-up cases sold empty, wallets, hat boxes for travel, business card cases, key cases, draw string pouches, garment bags for travel, necktie cases, umbrellas, saddlebags, saddle covers, and articles for dogs; namely, dog collars, dog leashes, dog clothes and carrying bags. IC 018 - Bags and traveling sets, □ namely, traveling bags; garment PS ee bags for travel; luggage trunks; re valises, vanity cases sold empty, fa April 29, rucksacks, handbags, beach es 3,418,288 bags, school bags; suitcases, Sa ee briefcases, pocket wallets, ‘Goyard Honore purses, not of precious metal, Paris) leather key cases; business card cases; umbrellas, parasols, walking sticks. a IC 003 - Toilet soap; perfumes; Dek Bek eau de toilette and eau de ag ia cologne; cosmetic preparations; ne ie October 11, |essential oils for personal use; ES 4 □□ = 4,036,898 2011 cosmetic milks; lotions for face eee and body care; cosmetic creams; eae ea emulsions for cosmetic use; □ shampoos; gels to be used on the

Registration Registration Trademark Class / Goods Number Date

face and body for aesthetic purposes; deodorants for personal use. IC 009 – Spectacles; spectacle frames; sunglasses; spectacle cases; photographic apparatus, namely, cameras. IC 014 – Precious metals and their alloys, other than for dental use; goods made of precious metals and their alloys, other than for dental use, in the nature of jewelry, namely, rings, earrings, bracelets, charms, chains, watch chains, necklaces, pins, ornaments, fashion pins, ring bands; goods made of precious metals and their alloys, other than for dental use, namely, buckles of precious metal, hat ornaments of precious metal, jewellery cases of precious metal, jewellery caskets of precious metal; jewellery, precious stones, semi-precious stones, jewelry in the nature of pearls, horological and chronometric instruments; watches, watch straps, wristwatches; boxes for watches, jewelry boxes; cuff links. IC 018 – Goods of leather and imitations of leather, namely, travelling bags, travelling sets comprised of luggage, and garment bags for travel; trunks; suitcases; unfitted vanity cases; rucksacks; handbags; sports bags; beach bags; school bags; Registration Registration Trademark Class / Goods Number Date

attaché cases; document cases; briefcases; school satchels; under-arm bags, namely, handbags; leather goods, namely, wallets, purses not of precious metal, leather key cases, card holders for wallets; umbrellas; parasols; sunshade parasols; walking sticks. IC 024 – Fabrics for textile use; textile goods, namely, bath linen not for clothing, household linen, bed linen, textile table linen, bathroom linen of textile, handkerchiefs of textile. IC 025 – Clothing for men, women and children, namely, dresses, skirts, petticoats, culottes, ladies' suits, trousers, shorts, Bermuda shorts, swimming drawers, shirts, ladies' shirts, blouses, tee-shirts, sweatshirts, waistcoats, jackets, cardigans, pullovers, sweaters, parkas, anoraks, coats, gaberdines, raincoats, furs, sashes for wear, shawls, scarf, gloves, neckties, belts, socks, stockings, tights, underwear, pajamas, dressing gowns, swimsuits, bath robes; footwear, except orthopedic footwear, namely, shoes, sandals, boots, half-boots, boot liners, slippers; hats, berets, caps. IC 028 – Games, namely, chess games; gymnastic and sporting articles not included in other classes, namely, baseball gloves, bats for games, boxing gloves, golf gloves, golf clubs, golf bags; decorations for Christmas trees. IC 009 - Spectacles, sunglasses, spectacle cases, spectacle frames, spectacle cords; protective cases for portable telephones, tablet computers, electronic diaries and computers; portable telephones shell cases, portable telephone straps; cases especially made for photographic apparatus and instruments; binoculars being optics; cases for binoculars; magnifying glasses being optics; cases for magnifying glasses; digital photo frames; blank USB flash drives; mouse pads; barometers; dog whistles, cases Bitty ate for dog whistles.

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Goyard St-Honore v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goyard-st-honore-v-the-individuals-partnerships-and-unincorporated-flsd-2019.