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In the Matter of Vuitton et Fils S.A.
United States Court of Appeals for the Second Circuit
606 F.2d 1 (1979)
Vuitton et Fils S.A. (plaintiff) sought a writ of mandamus directing the United States District Court for the Southern District of New York to issue an ex parte temporary restraining order. Vuitton complained that Dame Belt & Bag Co., Inc., was producing counterfeit Vuitton merchandise. Vuitton asked the district court for an ex parte temporary restraining order because in its experience in commencing 84 actions against counterfeiters, the moment a counterfeiter learned he or she was about to be enjoined, he or she simply transferred his or her inventory to another counterfeiter. At that point, Vuitton could not pursue its claim or protect its trademark. The district court refused to grant an ex parte order because Vuitton was capable of giving notice to Dame and courts frowned on giving temporary restraining orders without notice. Because the district court’s decision was not appealable, Vuitton brought suit in the United States Court of Appeals for the Second Circuit.
Rule of Law
Holding and Reasoning (Per curiam)
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