Thursday, April 18, 2019

WWE OBTAINS FEDERAL INJUNCTION ALLOWING CONFISCATION OF COUNTERFEIT MERCHANDISE

World Wrestling Entertainment successfully obtained an injunction order in the United States District Court of New Jersey on 4/15 in order to prevent distribution and sale of counterfeit items bearing the WWE name or any of its trademarks and copyrights over the next year.  The order would also allow WWE and local authorities to confiscate any counterfeit items found being sold by bootleggers. WWE.

The injunction noted that counterfeit merchandise was found being sold on the grounds of MetLife Stadium on 4/7 for Wrestlemania 35 and it was expected that such illegal sales would continue over the next year within a three-mile radius of WWE's live events.  

The Court ruled, "(a) WWE is likely to succeed in showing that Defendants have used counterfeit or infringing marks in connection with the sale, offering for sale or distribution of goods or services; (b) WWE will suffer immediate and irreparable injury and will have no adequate remedy at law if this Court declines to grant a preliminary injunction and order of seizure; (c) the harm to WWE should this Court not grant the requested preliminary injunction and order of seizure clearly outweighs any harm which Defendants might incur if the preliminary injunction and order of seizure is granted; (d) the public interest is served with the issuance of the preliminary injunction and order of seizure."

The injunction ordered that "Federal, state, and local law enforcement officers are hereby authorized and directed to seize any and all Counterfeit Merchandise and any records documenting the manufacture, sale or receipt of the Counterfeit Merchandise, in the possession, dominion or control of Defendants, their agents or persons acting in concert or participation with them. All seized items shall be delivered up to the care and custody of Plaintiff or Plaintiff’s attorneys pending further instructions from the Court. The seized goods shall be kept in identifiable containers."

Anyone caught selling WWE merchandise has been ordered to provide their correct name and address, to appear before the court to defend themselves and to provide all details on any additional material they know is being sold.

WWE filed an injunction bond in the amount of $10,000 and the order will remain in effect until March 2020, at which point WWE will likely pursue a similar order in Florida, where Wrestlemania 36 will be held.  WWE annually attempts to obtain such injunctions to attempt to slow the tide of counterfeit merchandise featuring their performers, copyrights and trademarks.

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