Tiffany (NJ) LLC v. Forbse
United States District Court for the Southern District of New York
2012 WL 1918866 (2012)
- Written by Meagan Messina, JD
Facts
Tiffany (NJ) LLC and Tiffany and Company (collectively, Tiffany) (plaintiffs) sued several defendants who had not yet filed appearances in the case, alleging that the defendants willfully used, reproduced, and copied Tiffany’s trademarks when the defendants sold counterfeit products on various websites. The court entered a preliminary injunction ordering expedited discovery from third-party financial institutions, including China Merchants Bank, Bank of China (BOC), and Industrial and Commercial Bank of China (collectively, the banks), and enjoining the banks from transferring, disposing of, or secreting any of the defendants’ assets. The banks notified Tiffany that the banks did not hold assets for the defendants, did not have access to or control over accounts not in the United States, and were prohibited by Chinese law from disclosing or freezing accounts in China without prior authorization. The banks moved to modify the preliminary injunction, arguing that the court cannot restrain assets under these circumstances for banks outside the United States. Tiffany filed a cross-motion to compel compliance by the banks with the preliminary injunction.
Rule of Law
Issue
Holding and Reasoning (Buchwald, J.)
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