There is a story at the Hollywood Reporter website about WWE’s battle against bootleggers that sell counterfeit merchandise during WrestleMania weekend. WWE wanted to be able to seize merchandise that is trademarked by them. This is something they’ve been able to do in the past and also something that entertainment companies have done so this is nothing new.
However, U.S. District Judge Helen Berrigan denied WWE’s request to control any sales of merchandise within a 5 mile radius of the New Orleans SuperDome.
Here is what the Judge wrote: “The problem with Plaintiff’s request is apparent once one recalls that the order it requests is not directed against a single named, identified, or even described person—all the defendants are John Does, and Plaintiff provides no particular information about the identity of any of them. At best, Plaintiff defines Defendants almost tautologically: Defendants are anyone who would be a proper defendant within broad geographic and temporal limits.”
She added, “Does due process allow the Court to deputize a plaintiff to determine which goods are seizable, all while cloaking Plaintiff in the protection of a judicial order?”
You can read the full story by clicking here.