NFL Properties LLC v. John or Janes Does 1-200
1:20-cv-20265
S.D. Fla.Mar 31, 2020Background
- Plaintiffs: NFL Properties LLC, Forty Niners Football Company LLC, and Kansas City Chiefs Football Club, Inc. sued four individuals (Dominic, Dubon, Ross, Vailes) for selling counterfeit NFL-branded merchandise around Super Bowl LIV.
- Court entered an ex parte Temporary Restraining Order and Seizure Order on Jan 28, 2020; plaintiffs seized counterfeit items from each defendant between Jan 30 and Feb 2, 2020, and served summons and a verified complaint.
- Defendants were properly served but did not answer, appear, or contest the suit; the Clerk entered default on March 6, 2020.
- Plaintiffs asserted ownership/control of the registered NFL trademarks and alleged defendants sold counterfeit goods in violation of the Lanham Act and Florida law.
- The Court exercised subject-matter and personal jurisdiction, granted a preliminary injunction earlier, and, on March 30, 2020, granted plaintiffs’ motion for default final judgment.
- Relief awarded: default judgment for trademark counterfeiting; plaintiffs may donate or destroy seized counterfeit items; the $75,000 bond posted by plaintiffs is exonerated and released.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for trademark counterfeiting under the Lanham Act | Plaintiffs: defendants sold unauthorized counterfeit goods bearing NFL trademarks during Super Bowl events | Defendants: no response or contest (defaults) | Court entered default judgment for plaintiffs on Lanham Act and Florida trademark claims |
| Personal jurisdiction | Plaintiffs: defendants transacted business, moved goods in interstate commerce, committed torts in Florida, and caused injury in Miami-Dade County | Defendants: no contest | Court found personal jurisdiction under Florida long-arm statutes |
| Disposition of seized counterfeit items | Plaintiffs: seek authorization to donate or destroy seized items (and gave notice to U.S. Attorney) | Defendants: no contest | Court authorized plaintiffs to donate or, if necessary, destroy the seized counterfeit items |
| Default judgment and bond release | Plaintiffs: seek default final judgment and release/exoneration of their bond | Defendants: no contest | Court entered default final judgment and exonerated/released plaintiffs’ $75,000 bond |
Key Cases Cited
- No official-reporter cases cited in the opinion.
