Case details

Court: paed
Docket #: 2:92-cv-00758
Case Name: A & M RECORDS, INC., et al v. PREET APPAREL, INC., et al
PACER case #: 45640
Date filed: 1992-02-06
Date terminated: 1992-04-24
Assigned to: HONORABLE JAY C. WALDMAN
Case Cause: 15:1121 Trademark Infringement
Nature of Suit: 840 Trademark
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
A & M RECORDS, INC.
Plaintiff
VINCENT V. CARISSIMI
PEPPER HAMILTON LLP 3000 TWO LOGAN SQUARE 18TH & ARCH STREETS PHILADELPHIA, PA 19103-2799 215-981-4351 Fax: 215-689-4625 Email: carissimiv@pepperlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ARISTA RECORDS, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ATLANTIC RECORDING CORPORATION
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

BMG MUSIC
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

CAPITOL RECORDS, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

THE DAVID GEFFEN COMPANY
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ELEKTRA ENTERTAINMENT
Plaintiff
FORMERLY KNOWN AS ELEKTRA/ASYLUM RECORDS, A DIVISION OF WARNER COMMUNICATIONS INC.
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ENIGMA ENTERTAINMENT
Plaintiff
doing business asENIGMA RECORDS
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

FONOVISA, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

GIANT RECORDS
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

GRP RECORDS, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ISLAND RECORDS, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

JOEY RECORDS, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

MCA RECORDS, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

MOTOWN RECORD COMPANY, L.P.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

MUSICAL PRODUCTIONS, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

NEXT PLATEAU RECORDS INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

PM SWAPCO, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

POLYGRAM RECORDS, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

PRIORITY RECORDS, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

PROFILE RECORDS INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

SBK RECORDS GROUP
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

SONY MUSIC ENTERTAINMENT INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

TERWRIGHT RECORDS, INC.
Plaintiff
doing business asCHRYSALIS RECORDS, INC.
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

TOMMY BOY MUSIC, INC
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

VIRGINIA RECORDS AMERICA, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

WARNER BROS. RECORDS, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

WARNER COMMUNICATIONS INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

WBR/SIRE VENTURES, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

WEA INTERNATIONAL, INC.
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ZOMBA RECORDING CORPORATION
Plaintiff
VINCENT V. CARISSIMI
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

PREET APPAREL, INC.
Defendant
AND VARIOUS
GREGG N. COTLER
8080 OLD YORK ROAD SUITE 202 ELKINS PARK, PA 19027 215-635-6400 Fax: 215-635-4900 Email: gregg.cotler@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

JOHN DOES
Defendant
and TERMINATED: 02/21/1992
JANE DOES
Defendant
TERMINATED: 02/21/1992
JAMES BROWN
Defendant
TERMINATED: 04/24/1992
ABRAHAM ABRAHAM
Defendant
TERMINATED: 04/24/1992
BILL THOMPSON
Defendant
TERMINATED: 04/24/1992
RICKY BROWN
Defendant
TERMINATED: 04/24/1992
AHMED OSMON
Defendant
TERMINATED: 04/24/1992

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1992-02-06 1 0 Complaint. filing fee $ 178.50 receipt # 362986 (gn) (Entered: 02/21/1992)
1992-02-06 2 0 MOTION BY PLAINTIFF A & M RECORDS, INC., PLAINTIFF ARISTA RECORDS,, PLAINTIFF ATLANTIC RECORDING, PLAINTIFF BMG, PLAINTIFF CAPITOL RECORDS, PLAINTIFF THE DAVID GEFFEN CO., PLAINTIFF ELEKTRA ENTERTAINMEN, PLAINTIFF ENIGMA ENTERTAIN., PLAINTIFF FONOVISA, PLAINTIFF GIANT RECORDS, PLAINTIFF GRP RECORDS, INC., PLAINTIFF ISLAND RECORDS, INC., PLAINTIFF JOEY RECORDS, INC., PLAINTIFF MCA RECORDS, INC., PLAINTIFF MOTOWN RECORD CO., PLAINTIFF MUSICAL PRODUCTIONS, PLAINTIFF NEXT PLATEAU RECORDS, PLAINTIFF PM SWAPCO, INC., PLAINTIFF POLYGRAM RECORDS,, PLAINTIFF PRIORITY RECORDS, PLAINTIFF PROFILE RECORDS, INC, PLAINTIFF SBK RECORDS GROUP, PLAINTIFF SONY MUSIC ENTERTAIN, PLAINTIFF TERWRIGHT RECORDS, PLAINTIFF TOMMY BOY MUSIC, INC, PLAINTIFF VIRGIN RECORDS AMER, PLAINTIFF WARNER BROS. RECORDS, PLAINTIFF WARNER COMMUNICATION, PLAINTIFF WBR/SIRE VENTURES, PLAINTIFF WEA INTERNATIONAL, PLAINTIFF ZOMBA RECORDING CORP FOR TEMPORARY RESTRAINING ORDER , FOR PRELIMINARY INJUNCTION , AND TO SEAL THE COURT DOCKET AND FILE , MEMORANDUM. (gn) (Entered: 02/21/1992)
1992-02-07 3 0 ORDER GRANTING [2-3] MOTION TO SEAL THE COURT DOCKET AND FILE UNTIL NOTIFICATION TO THE CLERK OF COURT THAT THE SEIZURES ORDERED HAVE BEEN EXECUTED, ETC. (SIGNED BY JUDGE JAY C. WALDMAN) 2/7/92 ENTERED AND COPIES MAILED. (gn) (Entered: 02/21/1992)
1992-02-07 4 0 ORDER, SET SHOW CAUSE HEARING FOR 11:00 2/18/92 IN COURTROOM 3-B . THE CLERK OF THIS COURT SHALL ISSUE A WRIT OF SEIZURE DIRECTING THE U.S. MARSHAL FOR THIS DISTRICT OR ONE OR MORE OF THE MARHSHAL'S DEPUTIES OR OTHER LAW ENFORCEMENT AUTHORITIES & PERSONS ACTING UNDER THEIR SUPERVISION, ASSISTED BY ONE OR MORE ATTORNEYS OR AGENCTS OF PLFFS, TO SERVE A COPY OF THIS ORDER & THE SUMMONS & COMPLAINT FILED IN THE MATTER, ETC. (SIGNED BY JUDGE JAY C. WALDMAN) 2/7/92 ENTERED AND COPIES MAILED. (gn) (Entered: 02/21/1992)
1992-02-18 5 0 Affidavit of Gerald V. Robbins Re: Inventory of seized goods relating to seizure, Certificate of Service. (gn) (Entered: 02/24/1992)
1992-02-18 6 0 Affidavit of Vincent V. Carissimi Re: Certain Facts, Certificate of Service. (gn) (Entered: 02/24/1992)
1992-02-18 7 0 Affidavit of: John J. Marshall re: served summons, complaint, order, writ & accompanying papers at 52nd & Chestnut St. upon DEFENDANT JOHN DOES . Served by: personal service on 2/8/92. (gn) (Entered: 02/24/1992)
1992-02-18 8 0 Affidavit of: Anthony F. D'Ambra re: served summons, complaint, order, writ & accompanying papers upon DEFENDANT JOHN DOES at 10th & Market and at 52nd & Chesnut St. Served by: personal service on 2/8/92. (gn) (Entered: 02/24/1992)
1992-02-18 9 0 Affidavit of: George Hill re: served summons, complaint, order, writ & accompanying papers upon DEFENDANT JOHN DOES (at 9th St. South of Filbert St.) and a JOHN DOE at 52nd & Ranstead St. Served by: personal service on 2/8/92. (gn) (Entered: 02/24/1992)
1992-02-18 10 0 Affidavit of: Michael Saia re: served summons, complaint, order, writ & accompanying papers upon DEFENDANT JOHN DOES at 52nd & Chestnut St. and another John Doe at 52nd & Chestnut St. Served by: personal service on 2/8/92. (gn) (Entered: 02/24/1992)
1992-02-18 11 0 Affidavit of: James Brown re: served summons, complaint, order, writ & accompanying papers upon DEFENDANT PREET APPAREL, INC., (Gurmeet Patheja accepted service on behalf of deft) and DEFENDANT JOHN DOES (at 52nd & Walnut St.) Served by: personal service on 2/8/92. (gn) (Entered: 02/24/1992)
1992-02-18 12 0 MOTION BY PLAINTIFF A & M RECORDS, INC., PLAINTIFF ARISTA RECORDS, PLAINTIFF ATLANTIC RECORDING, PLAINTIFF BMG, PLAINTIFF CAPITOL RECORDS, PLAINTIFF THE DAVID GEFFEN CO., PLAINTIFF ELEKTRA ENTERTAINMEN, PLAINTIFF ENIGMA ENTERTAIN., PLAINTIFF FONOVISA, PLAINTIFF GIANT RECORDS, PLAINTIFF GRP RECORDS, INC., PLAINTIFF ISLAND RECORDS, INC., PLAINTIFF JOEY RECORDS, INC., PLAINTIFF MCA RECORDS, INC., PLAINTIFF MOTOWN RECORD CO., PLAINTIFF MUSICAL PRODUCTIONS, PLAINTIFF NEXT PLATEAU RECORDS, PLAINTIFF PM SWAPCO, INC., PLAINTIFF POLYGRAM RECORDS, PLAINTIFF PRIORITY RECORDS, PLAINTIFF PROFILE RECORDS, INC, PLAINTIFF SBK RECORDS GROUP, PLAINTIFF SONY MUSIC ENTERTAIN, PLAINTIFF TERWRIGHT RECORDS, PLAINTIFF TOMMY BOY MUSIC, INC, PLAINTIFF VIRGIN RECORDS AMER, PLAINTIFF WARNER BROS. RECORDS, PLAINTIFF WARNER COMMUNICATION, PLAINTIFF WBR/SIRE VENTURES, PLAINTIFF WEA INTERNATIONAL, PLAINTIFF ZOMBA RECORDING CORP TO AMEND CAPTION , CERTIFICATE OF SERVICE. (gn) (Entered: 02/24/1992)
1992-02-18 13 0 Amended Affidavit of Gerald V. Robbins, re: Inventory of seized goods relating to seizure, Certificate of Service. (gn) (Entered: 02/24/1992)
1992-02-18 14 0 Minute entry: Hearing on 2/18/92 re: Court's Order of 2/7/92 to show cause why a preliminary injunction should not be issued. (gn) (Entered: 02/24/1992)
1992-02-21 15 0 ORDER GRANTING [12-1] MOTION TO AMEND CAPTION. THE CAPTION IS AMENDED TO BE STYLIZED AS IDENTIFYING PREET APPAREL, INC., JAMES BROWN, ABRAHAM ABRAHAM, BILL THOMPSON, RICKY BROWN AND AHMED OSMON AS DEFTS'. THE CLERK IS DIRECTED TO HREBY MAKE SUCH CHANGES TO THE DOCKET & OTHER RECORDS AS ARE APPROPRIATE & NECESSARY TO GIVE EFFECT TO THIS ORDER. (SIGNED BY JUDGE JAY C. WALDMAN) 2/21/92 ENTERED AND COPIES MAILED. (gn) Modified on 02/24/1992 (Entered: 02/24/1992)
1992-02-21 16 0 ORDER, THAT THE CLERK UNSEAL THE COURT DOCKET & FILE IN THE MATTER (SIGNED BY JUDGE JAY C. WALDMAN) 2/21/92 ENTERED AND COPIES MAILED. (gn) (Entered: 02/24/1992)
1992-02-21 17 0 ORDER GRANTING [2-2] MOTION FOR PRELIMINARY INJUNCTION (SIGNED BY JUDGE JAY C. WALDMAN) 2/21/92 ENTERED AND COPIES MAILED. (gn) (Entered: 02/24/1992)
1992-03-03 18 0 Request for default by PLAINTIFF A & M RECORDS, INC., PLAINTIFF ARISTA RECORDS,, PLAINTIFF ATLANTIC RECORDING, PLAINTIFF BMG, PLAINTIFF CAPITOL RECORDS, PLAINTIFF THE DAVID GEFFEN CO., PLAINTIFF ELEKTRA ENTERTAINMEN, PLAINTIFF ENIGMA ENTERTAIN., PLAINTIFF FONOVISA, PLAINTIFF GIANT RECORDS, PLAINTIFF GRP RECORDS, INC., PLAINTIFF ISLAND RECORDS, INC., PLAINTIFF JOEY RECORDS, INC., PLAINTIFF MCA RECORDS, INC., PLAINTIFF MOTOWN RECORD CO., PLAINTIFF MUSICAL PRODUCTIONS, PLAINTIFF NEXT PLATEAU RECORDS, PLAINTIFF PM SWAPCO, INC., PLAINTIFF POLYGRAM RECORDS, PLAINTIFF PRIORITY RECORDS, PLAINTIFF PROFILE RECORDS, INC, PLAINTIFF SBK RECORDS GROUP, PLAINTIFF SONY MUSIC ENTERTAIN, PLAINTIFF TERWRIGHT RECORDS, PLAINTIFF TOMMY BOY MUSIC, INC, PLAINTIFF VIRGIN RECORDS AMER, PLAINTIFF WARNER BROS. RECORDS, PLAINTIFF WARNER COMMUNICATION, PLAINTIFF WBR/SIRE VENTURES, PLAINTIFF WEA INTERNATIONAL, PLAINTIFF ZOMBA RECORDING CORP as to DEFENDANT JAMES BROWN, DEFENDANT ABRAHAM ABRAHAM, DEFENDANT BILL THOMPSON, DEFENDANT RICKY BROWN, DEFENDANT AHMED OSMON, Affidavit, Certificate of Service. (gn) (Entered: 03/04/1992)
1992-04-16 19 0 PLFFS MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT PREET APPAREL, INC., DEFENDANT JAMES BROWN, DEFENDANT ABRAHAM ABRAHAM, DEFENDANT BILL THOMPSON, DEFENDANT RICKY BROWN, DEFENDANT AHMED OSMON , MEMORANDUM, CERTIFICATE OF SERVICE. (mc) (Entered: 04/17/1992)
1992-04-24 20 0 ORDER GRANTING [19-1] MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT PREET APPAREL, INC., DEFENDANT JAMES BROWN, DEFENDANT ABRAHAM ABRAHAM, DEFENDANT BILL THOMPSON, DEFENDANT RICKY BROWN, DEFENDANT AHMED OSMON AND JUDGMENT IS ENTERED AGAINST DEFTS ON ALL COUNTS OF THE COMPLAINT AND, DEFTS, THEIR EMPLOYEES, AGENTS AND ALL THOSE ACTING IN CONCERT OR PARTICIPATION WITH THEM ARE PERMANENTLY ENJOINED FROM USING AS A TRADEMARK: ARIOLA; ARIOLA & DESING; ARISTA RECORDS & DESIGN; BMG; CHRYSALIS; RCA; RCA & DESIGN; COLUMBIA, EPIC, ETC. IT IS FURTHER ORDERED THAT THE COUNTERFEIT GOODS SEIZED FROM ALL DEFTS PURSUANT TO THIS COURT'S ORDER OF 2/7/92, EXECUTED PURSUANT TO WRIT BY REPRESENTATIVES OF THE PHILA. SHERIFFS' DEPT. ON 2/8/92, INCLUDING THOSE COUNTERFET GOODS SEIZED FROM THE JOHN DOE DEFTS WHO REFUSED TO IDENTIY THEMSELVES, MAY BE DESTROYED PURSUANT TO 15 U.S.C. 1118. BOND NO. B 1824666 IN THE AMOUNT OF $25,000 PREVIOUSLY POSTED BY THE PLFFS, IS HEREBY EXONERATED AS TO ALL DEFTS AND THE SURETIES THEREON ARE DISCHARGED. (SIGNED BY JUDGE JAY C. WALDMAN) 4/27/92 ENTERED AND COPIES MAILED. (gn) (Entered: 04/27/1992)
1992-04-24 21 0 CONSENT JUDGMENT AND PERMANENT INJUNCTION FOR PLAINTIFF A & M RECORDS, INC., PLAINTIFF ARISTA RECORDS,, PLAINTIFF ATLANTIC RECORDING, PLAINTIFF BMG, PLAINTIFF CAPITOL RECORDS, PLAINTIFF THE DAVID GEFFEN CO., PLAINTIFF ELEKTRA ENTERTAINMEN, PLAINTIFF ENIGMA ENTERTAIN., PLAINTIFF FONOVISA, INC., PLAINTIFF RECORDS, PLAINTIFF GRP RECORDS, INC., PLAINTIFF ISLAND RECORDS, INC., PLAINTIFF JOEY RECORDS, INC., PLAINTIFF MCA RECORDS, INC., PLAINTIFF MOTOWN RECORD CO., PLAINTIFF MUSICAL PRODUCTIONS, PLAINTIFF NEXT PLATEAU RECORDS, PLAINTIFF PM SWAPCO, INC., PLAINTIFF POLYGRAM RECORDS, PLAINTIFF PRIORITY RECORDS, PLAINTIFF PROFILE RECORDS, PLAINTIFF SBK RECORDS GROUP, PLAINTIFF SONY MUSIC PLAINTIFF TERWRIGHT RECORDS, PLAINTIFF TOMMY BOY MUSIC, INC, PLAINTIFF VIRGIN RECORDS AMER, PLAINTIFF WARNER BROS. RECORDS, PLAINTIFF WARNER COMMUNICATION, PLAINTIFF WBR/SIRE VENTURES, PLAINTIFF WEA INTERNATIONAL, PLAINTIFF ZOMBA RECORDING CORP AGAINST DEFENDANT PREET APPAREL, INC. FOR $2,500 INCLUSIVE OF INTEREST AND COSTS WHICH AMOUNT SHALL BE SATISFIED UPON PAYMENT OF ($1,250) BY CERTIFIED CHECKS MADE PAYABLE TO "PEPPER HAMILTON & SCHEETZ", ETC. (SIGNED BY JUDGE JAY C. WALDMAN) 4/27/92 ENTERED AND COPIES MAILED. (gn) (Entered: 04/27/1992)