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NFL Properties LLC v. John or Janes Does 1-200
1:20-cv-20265
S.D. Fla.
Mar 31, 2020
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Background

  • 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.
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Case Details

Case Name: NFL Properties LLC v. John or Janes Does 1-200
Court Name: District Court, S.D. Florida
Date Published: Mar 31, 2020
Docket Number: 1:20-cv-20265
Court Abbreviation: S.D. Fla.