TRO Case
1:2026-cv-03384 Ceremony of Roses Acquisition LLC v. Does 1-100 et al
商标侵权
案件编号
1:2026-cv-03384
立案日期
4/24/2026
原告
Ceremony of Roses Acquisition LLC
法院
Southern District of New York
5/13/2026
PRELIMINARY INJUNCTION AND SEIZURE ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED, that the defendants, their agents, employees, representatives, and attorneys, and all persons, firms, and corporations acting in active concert or participation with said defendants, are enjoined and restrained from: (A) Using any or all of the Group's Trademarks, in connection with the sale, offering for sale, distribution, and/or advertising of any clothing or other merchandise; (B) Manufacturing, distributing, selling, and/or holding for sale any clothing or other merchandise which carries or otherwise uses any or all of the Groups Trademarks; or (c) Aiding, abetting, inducing, or encouraging another to perform any of the acts enjoined herein. IT IS FURTHER ORDERED, that the U.S. Marshal for this district or for any district in which Plaintiff seeks to enforce this Order in the United States, the state police, local police, local deputy sheriffs or off-duty officers of the same, and any person acting under their supervision (collectively "Process Servers") are hereby authorized to seize and impound any and all infringing merchandise bearing any or all of the Groups Trademarks, namely, the federally registered trademarks, service marks, likenesses, logos, or other indicia of the Group (namely "BRING ME THE HORIZON"), or any colorable imitations or variations thereof, or associated marks which defendants or their agents, employees or representatives attempt to sell or are holding for sale in the vicinity of any of the Groups concerts from four (4) hours before to four (4) hours after any performance of the Group within a four (4) mile vicinity of the stadiums, arenas or other places at which the Group shall be performing or elsewhere where such merchandise is being sold, held for sale or is otherwise found, including in any carton, bag, vehicle, or container in which the merchandise is transported or stored. All clothing, jewelry, photographs, posters and other merchandise bearing any or all of the Groups Trademarks, or any colorable imitations or variations thereof, being sold, offered for sale or held for sale in the vicinity of the stadiums, arenas or other places at which the Group shall be performing shall be merchandise subject to the seizure provisions of this Order. See e.g., World Wrestling v. Unidentified Parties, 770 F. 3d 1143 (5th Cir. 2014); Waffenschmidt v. MacKay, 763 F.2d 711 (5th Cir. 1985); see also Ceremony of Roses Acquisition LLC v. Does, No. 25 Civ. 7512 (KPF) at ECF No. 16 (S.D.N.Y. Sept 15, 2025). IT IS FURTHER ORDERED, that any Defendant who is hereafter served with a copy of this Order who objects to the provisions herein may submit his or her objections to this Court or otherwise move for relief from this Court within ten (10) days of the date of seizure according to the Federal Rules of Civil Procedure, but no such objection shall serve to suspend this Order or stay the terms hereof unless otherwise ordered by this Court. IT IS FURTHER ORDERED, that all infringing items heretofore or hereafter seized in this action be delivered up to the Plaintiff or the persons designated above, pending final disposition of this matter. IT IS FURTHER ORDERED, that the bond of Five Thousand Dollars ($5,000.00) previously deposited with the Clerk of this Court to secure payment of costs incurred in enforcing the provisions of the temporary restraining order and any damages sustained by any party who is found to have been wrongfully enjoined thereby is continued until final disposition of this matter. (And as further set forth herein.) (Signed by Judge Jennifer H. Rearden on 5/13/2026) (jca) Transmission to Finance Unit (Cashiers) for processing.
5/12/2026
ORDER granting [11] Motion for Cara Burns to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order)
5/12/2026
DECLARATION of Alan Sitchon in Support re: [5] Proposed Order to Show Cause With Emergency Relief. Document filed by Ceremony of Roses Acquisition LLC.
5/4/2026
CASHIERS OFFICE REGISTRY DEPOSIT as per [12] Order to Show Cause, Set Deadlines/Hearings, Terminate Motions, dated 05/01/2026, from Judge Jennifer H. Rearden, received $5,000.00 check from CEREMONY OF ROSES ACQUISITION LLC Receipt Number 48743 on 05/04/2026.
5/1/2026
TEMPORARY RESTRAINING ORDER; SEIZURE ORDER; AND AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION AND SEIZURE ORDER SHOULD NOT ISSUE: IT IS HEREBY ORDERED that defendants, John Does 1-100, Jane Does 1-100 and XYZCompany their true identities being unknown (collectively "Defendants), show cause before theHonorable Jennifer H. Rearden, United States District Court Judge, in the United States District Court for the Southern District of New York, via teleconference at 2:30 p.m. on May 13, 2026 why an order pursuant to the Lanham Act 15 U.S.C. � 1051 et. seq., Fed. R. Civ. P. Rule 65, and the All Writs Act 28 U.S.C. � 1651 should not be entered granting to Plaintiff, Ceremony of Roses Acquisition LLC "the exclusive licensee of [BRING ME THE HORIZON], and the sole merchandiser for[its] authorized merchandise," see ECF No. 7 at 7; ECF No. 8, Sitchon Decl. paragraphs 3, 7-8, a preliminary injunction to enjoin Defendants from manufacturing, distributing, selling or holding for sale, any clothing, jewelry, photographs, posters and other merchandise (collectively the "Infringing Merchandise") and to seize the same bearing the federally registered trademarks, service marks, likenesses, logos and other indicia of the Group, BRING ME THE HORIZON (collectively, the "Groups Trademarks"). Counsel should join the conference by dialing 646-453-4442 and entering Conference ID: 421 297 62 #. Members of the public may call the same number but are to keep their phones muted during the proceeding. AND IT IS FURTHER ORDERED that this order be and is hereby conditioned uponPlaintiff's filing with the Clerk of this Court an undertaking in the form of a bond, certified check, or cash in the amount of $5,000 no later than May 4, 2026, to secure the payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby; The Clerk of Court is directed to terminate ECF No. 10. (And as further set forth herein.) It IS SO ORDERED. (Replies due by 5/12/2026., Show Cause Response due by 5/11/2026., Telephone Conference set for 5/13/2026 at 02:30 PM before Judge Jennifer H. Rearden.), Motions terminated: [10] LETTER MOTION to Expedite Ruling on Ex Parte Application for TRO, Seizure Order, etc. addressed to Judge Jennifer H. Rearden from Cara Burns & Mark Bradford dated 4/24/26. filed by Ceremony of Roses Acquisition LLC. (Signed by Judge Jennifer H. Rearden on 5/1/2026) (jca) Transmission to Finance Unit (Cashiers) for processing.
4/28/2026
MOTION for Cara Burns to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-32767072. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ceremony of Roses Acquisition LLC.
4/28/2026
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [11] MOTION for Cara Burns to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-32767072. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies.
4/24/2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions.
4/24/2026
COMPLAINT against Jane Does 1-100, John Does 1-100, XYZ Company. (Filing Fee $ 405.00, Receipt Number ANYSDC-32748895)Document filed by Ceremony of Roses Acquisition LLC.
4/24/2026
Case Designated ECF.
4/24/2026
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.
4/24/2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions.
4/24/2026
CIVIL COVER SHEET filed.
4/24/2026
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ceremony of Roses Acquisition LLC.
4/24/2026
Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf.
4/24/2026
MEMORANDUM OF LAW in Support re: 5 Proposed Order to Show Cause With Emergency Relief. Document filed by Ceremony of Roses Acquisition LLC.
4/24/2026
LETTER MOTION to Expedite Ruling on Ex Parte Application for TRO, Seizure Order, etc. addressed to Judge Jennifer H. Rearden from Cara Burns & Mark Bradford dated 4/24/26. Document filed by Ceremony of Roses Acquisition LLC.
4/24/2026
AO 120 FORM TRADEMARK - CASE OPENING - 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 court action has been 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).
4/24/2026
DECLARATION of Alan Sitchon in Support re: 5 Proposed Order to Show Cause With Emergency Relief. Document filed by Ceremony of Roses Acquisition LLC.
4/24/2026
CERTIFICATE of Counsel by Mark Dana Bradford on behalf of Ceremony of Roses Acquisition LLC. Re: 5 Proposed Order to Show Cause With Emergency Relief. Pursuant to Rule 65 etc. of Cara R Burns.
4/24/2026
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Ceremony of Roses Acquisition LLC. Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
4/24/2026