Garrison Drama Limited v. 263 WMZJ Phone Case Store

Background

Garrison Drama Limited sought emergency relief against the named defendants, alleging that they offered or sold counterfeit products bearing or associated with the “PEAKY BLINDERS” trademark through AliExpress. Garrison Drama stated that it owned U.S. Trademark Registration No. 6,791,852 and that the defendants were not authorized licensees or distributors.

Garrison Drama previously obtained a temporary restraining order on December 20, 2024. The order required the defendants to appear on January 8, 2025, and explain why a preliminary injunction should not issue. Garrison Drama stated that it served each defendant on December 26, 2024, but no defendant appeared at the hearing.

Court’s findings

The court found that Garrison Drama had shown a likelihood of success on its claims under the federal trademark statute, known as the Lanham Act, and related common-law claims. The court also found that continued infringement could cause immediate and irreparable harm, including consumer confusion, disappointment caused by substandard products, damage to Garrison Drama’s reputation and goodwill, and lost sales.

The court found that the potential harm to Garrison Drama outweighed the harm to the defendants from being prevented from continuing the alleged infringing conduct. It also found that the public interest favored an injunction to protect Garrison Drama’s trademark and prevent consumers from being deceived.

Order

The court ordered that the injunctive relief previously granted in the temporary restraining order remain in place during the case. The defendants were barred from manufacturing, importing, exporting, advertising, marketing, distributing, displaying, offering for sale, selling, or otherwise dealing in counterfeit products or products bearing the Peaky Blinders mark or confusingly similar marks. They were also barred from operating the identified user accounts and merchant storefronts in violation of the order, infringing the mark, using false designations or descriptions likely to confuse consumers, concealing or disposing of relevant products or records, and creating new entities or accounts to evade the order.

The order also restrained the defendants and persons acting with them who received actual notice from transferring, withdrawing, concealing, disposing of, or otherwise dealing with the defendants’ assets in their financial accounts. Newly identified financial institutions served with the order were directed to locate and attach those accounts and provide specified account information to Garrison Drama’s counsel within five days of receiving notice.

The court continued expedited discovery. Garrison Drama could serve written questions and document requests on defendants, who were required to respond within fourteen days after service. Financial institutions and third-party service providers that received the order were also directed to provide specified records concerning the defendants’ accounts, storefronts, identities, sales, payment methods, and alleged counterfeit-product activity within fourteen days.

The court authorized specified electronic methods for serving the order on defendants, third-party service providers, and financial institutions. It warned that defendants could be held in contempt for violating the order after receiving actual notice. Garrison Drama’s $20,000 bond was to remain with the court until the case ended or the order was terminated. The order would remain effective during the case or until further order, and affected defendants could move to dissolve or modify it on two days’ notice or on shorter notice set by the court.

The opinion is a preliminary injunction order, not a final determination of liability or damages.