World Wrestling Entertainment, Inc. v. Unidentified Parties
United States Court of Appeals for the Fifth Circuit
770 F.3d 1143 (2014)
- Written by Jenny Perry, JD
Facts
World Wrestling Entertainment, Inc. (WWE) (plaintiff) owned numerous trademarks and sold merchandise bearing the marks at WWE events across the country. WWE sold its own merchandise directly and did not license third-party sales. WWE sued multiple unidentified parties (defendants) under the Trademark Counterfeiting Act (the act), alleging that they sold counterfeit merchandise bearing WWE trademarks at fly-by-night shops set up near WWE events. Upon detection, the unidentified parties would disappear and hide or destroy evidence of the unlicensed merchandise, only to reappear at the next WWE event. The act provided for the entry of an ex parte seizure order if, among other things, it appeared that the plaintiff was likely to succeed in showing that the person against whom seizure would be ordered used a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services. The district court denied WWE’s motion for an ex parte seizure order, finding that WWE’s likelihood of success could not be evaluated unless the parties against whom seizure would be ordered were identified. WWE appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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