Ceremony Of Roses Acquisition Llc V Various John Does Various Jane Does

Key Facts

Issues

• The court determined whether Ceremony of Roses satisfied the requirements under 15 U.S.C. § 1116(d) for an ex parte seizure order, including whether an order other than seizure was inadequate, the applicant had not publicized the request, likelihood of success on trademark claims, irreparable injury from unauthorized sales, location of goods to be seized, and whether harm to applicant outweighs harm to defendants.
• The court found that unidentified bootleggers used counterfeit marks on unauthorized merchandise that would create consumer confusion with authorized Zach Bryan tour merchandise, given Ceremony of Roses holds exclusive rights to use the registered trademarks for the tour.
• The court evaluated whether to issue a temporary restraining order without notice to defendants who cannot be identified, considering the likelihood of success on trademark infringement claims, irreparable harm from unauthorized sales, balance of equities, and public interest in preventing consumer confusion.

Holdings

Remedies

• The Court grants Ceremony of Roses' request for an emergency temporary restraining order, preliminary injunction, and ex parte seizure order. Defendants are temporarily restrained from manufacturing, distributing, or selling merchandise that infringes upon Zach Bryan's trademarks. Law enforcement officers may seize infringing merchandise within 3 hours of the concert and within 3 miles of the venue. Ceremony of Roses must file a $5,000 bond. The TRO remains in effect for 14 days unless dissolved or extended. Defendants may submit objections on 2 days' notice.
• Court grants temporary restraining order and preliminary injunction barring defendants from selling bootleg merchandise during Zach Bryan's tour. Law enforcement may seize infringing goods at specified locations and times. Bond of $5,000 required from plaintiff. Order effective for 14 days.
• Ex parte seizure order granted allowing law enforcement to seize infringing merchandise within 3 miles of The Dome at America's Center in St. Louis, Missouri, within 3 hours of the concert start or end on March 7, 2026.

Legal Principles

• The court applies Federal Rule of Civil Procedure 65 standards for preliminary relief, including the Winter factors: (1) likelihood of success on the merits, (2) likelihood of irreparable harm, (3) balance of equities, and (4) public interest. The court finds Ceremony of Roses satisfies these requirements for a temporary restraining order. Additionally, under Federal Rule of Civil Procedure 65(b)(1), ex parte TROs require specific facts showing immediate and irreparable injury before the adverse party can be heard in opposition.
• The Trademark Counterfeiting Act of 1984 amended the Lanham Act to authorize ex parte seizure orders under 15 U.S.C. § 1116(d) to combat counterfeiters. The court finds Ceremony of Roses satisfied seven statutory requirements: (i) no other remedy prevents unauthorized sales, (ii) no publicized seizure, (iii) likely to succeed on trademark infringement showing, (iv) immediate irreparable injury, (v) seized matter located at identified place, (vi) harm to applicant outweighs harm to defendant, and (vii) defendant would destroy/hide seized matter if given notice.
• The Lanham Act protects trademarks against infringement when use of similar marks on similar products creates likelihood of confusion. Zach Bryan's registered trademarks are exclusively licensed to Ceremony of Roses for tour merchandise. Bootleggers using counterfeit marks that strongly resemble registered marks on similar products create consumer confusion, establishing trademark infringement under 15 U.S.C. § 1125(a)(1)(A) and § 1114(1)(a).

Precedent Name

• Joel v. Various John Does
• Winter v. Nat. Res. Def. Council, Inc.
• Home Instead, Inc. v. Florance
• Select Comfort Corp. v. Baxter
• Dataphase Sys., Inc. v. C L Sys., Inc.

Cited Statute

• Lanham Act
• Federal Rule of Civil Procedure 65
• Trademark Counterfeiting Act of 1984

Judge Name

Passage Text

• IT IS HEREBY ORDERED that: 1. Defendants and any person or entity acting in concert with them are temporarily restrained from manufacturing, distributing, or selling merchandise that infringes upon Zach Bryan's trademarks. 2. Federal, state, and local law enforcement officers may seize and impound any infringing merchandise that is found for sale a. within 3 hours of the beginning or end of Zach Bryan's March 7, 2026, concert in St. Louis, Missouri; and b. within 3 miles of The Dome at America's Center in St. Louis, Missouri. 3. This order is conditioned upon Ceremony of Roses's filing with the Clerk of this Court a bond, certified check, or cash in the amount of $5,000 no later than March 7, 2026, to secure any costs and damages as may be suffered by a wrongfully restrained party.
• The Court finds that Ceremony of Roses has satisfied the requirements for an ex parte seizure order under 15 U.S.C. § 1116(d): (i) an order other than an ex parte seizure order is not adequate because Ceremony of Roses has no other legal remedy that would prevent unauthorized sales without allowing bootleggers to conceal infringing goods; (ii) the applicant has not publicized the requested seizure; (iii) the applicant is likely to succeed in showing that the person against whom seizure would be ordered used a counterfeit mark; (iv) an immediate and irreparable injury will occur if such seizure is not ordered because unauthorized sales of lower-quality goods harms the reputation and value of Zach Bryan-branded marks; (v) the matter to be seized will be located at the place identified in the application, which is the 3-mile radius surrounding The Dome at America's Center in St. Louis; (vi) the harm to the applicant of denying the application outweighs the harm to the legitimate interests of the person against whom seizure would be ordered; and (vii) the person against whom seizure would be ordered would destroy, move, hide, or otherwise make such matter inaccessible to the court if the applicant were to proceed on notice to such person.
• First, there is likelihood of success on the merits. Trademarks are protected against infringement, that is, the use of similar marks on similar or related products or services if such use creates a likelihood of confusion. Zach Bryan's trademarks are likely to be infringed on here because the bootleggers use similar marks on similar products that likely create confusion. Zach Bryan holds trademarks registered with the Patent and Trademark Office. Only Ceremony of Roses has exclusive rights to use those trademarks for Zach Bryan's upcoming tour. But unidentified bootleggers have used, and will likely continue to use, counterfeit marks in the production and sale of their unauthorized merchandise around Zach Bryan concerts. And based on the materials submitted before the Court, these designs strongly resemble the registered marks such that consumers would likely confuse the bootleg merchandise with authorized items.