Bravado International Group Merchandising Services Inc V John Does 1 100

Key Facts

Issues

• Whether Bravado has met the standard for an ex parte seizure order under 15 U.S.C. § 1116(d) including providing adequate security, that an order other than ex parte seizure is not adequate, that applicant has not publicized the requested seizure, that applicant is likely to succeed showing defendant used counterfeit mark, that immediate and irreparable injury will occur if seizure is not ordered, that matter to be seized will be located at place identified, that harm to applicant outweighs harm to defendant, and that defendant would destroy or hide matter if applicant proceeded on notice
• Whether Bravado has demonstrated each of the factors necessary to obtain a temporary restraining order including likelihood of success on the merits of infringement claims under 15 U.S.C. § 1125(a) and 15 U.S.C. § 1114, likelihood of irreparable harm in absence of preliminary relief, balance of equities tipping in movant's favor, and that the injunction is in the public interest

Holdings

Remedies

• The Court authorized the United States Marshal for the District, state police, local police, or local deputy sheriffs to seize and impound any and all infringing merchandise bearing the Artist's Trademarks which defendants attempt to sell or are holding for sale. The seizure is limited to merchandise found from any carton, container, vehicle, or other means of carriage in which the infringing merchandise is found from four hours before to four hours after the October 11, 2025 Paul McCartney concert within a two-mile vicinity of the Coors Field in Denver, Colorado. The Court rejected Bravado's request for a nationwide seizure order due to personal jurisdiction limitations. The Court also ordered plaintiff to appear before Chief United States District Judge Philip A. Brimmer on October 24, 2025 at 1:30 p.m. for a hearing pursuant to 15 U.S.C. § 1116(d)(10)(A), and plaintiff shall file a declaration on or before October 21, 2025 detailing all infringing merchandise seized.
• The Court issued a temporary restraining order effective October 9, 2025 at 1:45 p.m. Mountain Time, which shall expire on October 23, 2025 at 1:45 p.m. Mountain Time. This order restrains defendants John Does 1-100, Jane Does 1-100, and XYZ Company from manufacturing, distributing, selling, or holding for sale any infringing merchandise bearing the federally registered trademarks, service marks, likenesses, logos, or other indicia of the Artist known as PAUL MCCARTNEY. The order is conditioned upon plaintiff filing an undertaking in the form of a bond, certified check, bank check, or cash in the amount of $500.00 no later than October 10, 2025 at 5:00 p.m. Mountain Time, to secure the payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby.

Legal Principles

• The court issued an ex parte seizure order under 15 U.S.C. § 1116(d) authorizing law enforcement to seize infringing merchandise within four hours before and after the October 11, 2025 concert at Coors Field, Denver, Colorado, within a two-mile vicinity, limited to seven days from order issuance, requiring $500 security bond.
• The court applied the four-factor test for preliminary injunctions: (1) likelihood of success on the merits under 15 U.S.C. § 1114 and § 1125(a), (2) irreparable harm under 15 U.S.C. § 1116(a) with rebuttable presumption for trademark infringement, (3) balance of equities favoring the movant, and (4) public interest in avoiding consumer confusion from trademark infringement.

Precedent Name

• Bravado Int'l Grp. Merch. Servs., Inc. v. Does 1-100
• 1-800 Contacts, Inc. v. Lens.com, Inc.
• Merch Traffic, LLC v. Does 1-100
• Winter v. Natural Res. Def. Council, Inc.
• RoDa Drilling Co. v. Siegal

Cited Statute

• 15 U.S.C. § 1114 of the Lanham Act
• 15 U.S.C. § 1125(a) of the Lanham Act
• Federal question jurisdiction under 28 U.S.C. §§ 1331 and 1338(a)
• 15 U.S.C. § 1116(d) of the Lanham Act
• 15 U.S.C. § 1116(a) of the Lanham Act

Judge Name

Passage Text

• Accordingly, because Bravado has met the standard under 15 U.S.C. § 1116(d)(4), the Court will issue a seizure order. However, the seizure order will be limited to the October 11, 2025 concert at Coors Field in Denver, Colorado. The Court rejects Bravado's request for a nationwide seizure order. Bravado has not sufficiently established that the Court has personal jurisdiction over defendants in other states to support the issuance of a nationwide seizure order.
• The Court finds that the factors under 15 U.S.C. § 1116(d)(4)(B)(i)-(vii) are satisfied. First, an order other than an ex parte seizure order is not adequate to achieve the purposes of § 1114 because Bravado has no other legal remedy that would prevent unauthorized sales without allowing bootleggers to conceal infringing goods and sell them later.
• The Court will order Bravado to provide adequate security. The Court finds that the factors under 15 U.S.C. § 1116(d)(4)(B)(i)-(vii) are satisfied. Third, the Court finds that Bravado will suffer an immediate and irreparable injury if a seizure is not ordered because the unauthorized sales of Bootleg Merchandise will likely cause customer confusion and harm plaintiff's reputation.