ABG EPE IP, LLC v. 1GiftShopForYou
1:24-cv-03977
| N.D. Ga. | Nov 12, 2024Background
- ABG EPE IP, LLC, the plaintiff, owns several federal trademarks related to Elvis Presley and related marks, and alleges that defendants are selling counterfeit goods using these marks.
- Most defendants are non-U.S. entities, primarily based in China or elsewhere in Asia, operating through major online marketplaces such as Amazon, eBay, Walmart, and others.
- Plaintiff moved for a preliminary injunction following the issuance of a Temporary Restraining Order (TRO) and asset freeze; most defendants did not appear at the hearing.
- Plaintiff demonstrated that none of the defendants were authorized to use its marks and that the goods sold were counterfeit, likely causing consumer confusion and irreparable harm to plaintiff’s goodwill.
- The court finds that plaintiff has a substantial likelihood of success on the merits, is at risk of irreparable injury, and that the balance of harms and public interest support the requested injunction.
- The court grants a preliminary injunction and maintains an asset freeze and related restraints against all defaulting defendants listed in Exhibit A.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Likelihood of Success on Merits | Plaintiff owns valid marks; defendants are using spurious marks causing likely confusion | No appearance or argument | Likelihood satisfied; plaintiff will likely succeed |
| Irreparable Harm | Counterfeiting erodes marks' distinctiveness and goodwill, cannot control quality, harms reputation | No appearance or argument | Presumption and facts support irreparable harm |
| Balance of Hardships | Harm to Plaintiff is non-monetary and ongoing; harm to defendants is monetary and compensable | No appearance or argument | Balance favors plaintiff |
| Public Interest | Injunction will prevent consumer confusion and sale of inferior goods | No appearance or argument | Injunction serves the public interest |
Key Cases Cited
- Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223 (11th Cir. 2005) (sets the four-factor test for preliminary injunctions)
- Louis Vuitton Malletier, S.A. v. Mosseri, 736 F.3d 1339 (11th Cir. 2013) (supports personal jurisdiction over foreign defendants selling counterfeit goods online)
- Levi Strauss & Co. v. Sunrise Int’l Trading Inc., 51 F.3d 982 (11th Cir. 1995) (affirms courts’ equitable authority to freeze assets in trademark cases)