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Keywords

lawsuitdefendantlitigationdiscoveryinjunctionmotiontrademarkcompliance
lawsuitdefendantlitigationdiscoveryinjunctiontrademarkcompliance

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Tiffany (NJ) LLC v. Forbse, Not Reported in F.Supp.2d, 2012 WL 1918866, 107 U.S.P.Q.2d 1304

Facts

On July 20, 2011, Tiffany filed a lawsuit alleging that defendants were selling counterfeit products online, infringing on Tiffany's trademarks. The court issued a temporary restraining order, later converted into a preliminary injunction, which required third-party banks to provide expedited discovery and restrain assets of the defendants. The banks claimed compliance with the injunction was hindered by Chinese bank-secrecy laws, leading to the current motions to modify the injunction and compel compliance.

On July 20, 2011, Tiffany filed a lawsuit alleging that defendants were selling counterfeit products online, infringing on Tiffany's trademarks. The court issued a temporary restraining order, later converted into a preliminary injunction, which required third-party banks to provide expedited discovery and restrain assets of the defendants.

Issue

The main legal issues are whether the banks can be compelled to produce records and restrain assets under the preliminary injunction, given the constraints of Chinese law and the applicability of the Hague Convention for discovery.

The main legal issues are whether the banks can be compelled to produce records and restrain assets under the preliminary injunction, given the constraints of Chinese law and the applicability of the Hague Convention for discovery.

Rule

The court applied the Restatement (Third) of Foreign Relations Law of the United States, considering factors such as the importance of the documents to the litigation, the specificity of the request, and the interests of the United States versus those of China.

The court applied the Restatement (Third) of Foreign Relations Law of the United States, considering factors such as the importance of the documents to the litigation, the specificity of the request, and the interests of the United States versus those of China.

Analysis

The court found that the information sought by Tiffany was crucial for the litigation, particularly regarding BOC's role as the acquiring bank for an infringing website. While the request was specific, the court acknowledged the complications posed by Chinese law and the potential for sanctions against the banks. Ultimately, the court determined that Tiffany should pursue discovery through the Hague Convention for ICBC and CMB, while BOC was ordered to comply due to its involvement with the infringing activities.

The court found that the information sought by Tiffany was crucial for the litigation, particularly regarding BOC's role as the acquiring bank for an infringing website. While the request was specific, the court acknowledged the complications posed by Chinese law and the potential for sanctions against the banks.

Conclusion

The court modified the preliminary injunction for ICBC and CMB, requiring Tiffany to seek discovery through the Hague Convention, but ordered BOC to comply with the injunction's discovery provisions. Tiffany's cross-motion to compel compliance with asset restraint provisions was granted for all three banks.

The court modified the preliminary injunction for ICBC and CMB, requiring Tiffany to seek discovery through the Hague Convention, but ordered BOC to comply with the injunction's discovery provisions.

Who won?

Tiffany prevailed in compelling compliance with the asset restraint provisions of the injunction against all three banks, as the court recognized the importance of the information for the ongoing litigation.

Tiffany prevailed in compelling compliance with the asset restraint provisions of the injunction against all three banks, as the court recognized the importance of the information for the ongoing litigation.

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