A federal judge from the Northern District of Texas has granted the motion of NBA Properties that permanently enjoins a group of counterfeiters from selling products that infringe on the NBA’s trademarks and copyrights.
In addition, the court granted NBA Properties’ motion for default judgment against dozens of remaining defendants.
Finally, the court required the defendant to turn over all merchandise to NBA Properties for destruction or donation “to people in need outside the United States.”
The legal controversy began in February 2010 when NBA Properties sued several defendants for trademark infringement and counterfeiting in violation of 15 U.S.C. §§ 1214, 1116(d); federal unfair competition in violation of 15 U.S.C. § 1125(a); copyright infringement in violation of 17 U.S.C. § 501; trademark infringement in violation of Texas common law; and unfair competition in violation of Texas common law.
The plaintiff sought injunctive relief and seizure of infringing goods.
After securing a temporary restraining order and securing the court’s permission to seize the infringing goods, the plaintiff sought to get a permanent injunction and widen its legal protections against additional defendants.
The court agreed with the plaintiff, finding that “it has satisfied the first prerequisite for permanent injunctive relief. The court further determines that there is a substantial threat that irreparable harm will result if injunctive relief is not granted; that the threatened injury outweighs the threatened harm to defaulting defendants; and that a permanent injunction will not disserve the public interest. Put another way, the court determines that the plaintiff is entitled to permanent injunctive relief.
NBA Properties, INC. v. Dean Patrick Banks, et al.; N.D. Tex.; Civil Action No. 3:10-CV-0239-L, 2010 U.S. Dist. LEXIS 31786; 3/29/10
Attorneys of Record: (for plaintiff) John Morant Cone, LEAD ATTORNEY, Megan M O’Laughlin, Hitchcock Evert LLP, Dallas, TX.
