Coach, Inc. v. Weng, 13 Civ. 445

• Decision Date: 07 June 2014
• Docket Number: 13 Civ. 445
• Parties: COACH, INC. and COACH SERVICES, INC., Plaintiffs, v. ZHEN ZHEN WENG, LIN FAN WENG, and XIAO FEI LIN, all individually and d/b/a "WENG'S GIFT SHOP"; "JOHN DOES" 1-10; And UNKNOWN ENTITIES 1-10, Defendants.
• Court: U.S. District Court — Southern District of New York

COACH, INC. and COACH SERVICES, INC., Plaintiffs,
v.
ZHEN ZHEN WENG, LIN FAN WENG, and XIAO FEI LIN,
all individually and d/b/a "WENG'S GIFT SHOP"; "JOHN DOES" 1-10;
And UNKNOWN ENTITIES 1-10, Defendants.

13 Civ. 445

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Dated: June 9, 2014
Dated: June 7, 2014

OPINION

APPEARANCES:

Attorneys for Plaintiffs

GIBNEY, ANTHONY & FLAHERTY LLP
By: Brian W. Brokate, Esq.
John Macaluso, Esq.
Waltyer-Michael Lee, Esq.

Attorneys for Defendants

SONG CHEN
KEVIN KERVENT TUNG, P.C.

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Sweet, D.J.

The plaintiffs Coach, Inc. and Coach Services, Inc. (collectively "Coach" or the "Plaintiffs") have moved pursuant to Rule 56 of the Federal Rules of Civil Procedure for Summary Judgment against defendants Zhen Zhen Weng ("Zhen Weng"), Lin Fan Weng ("Lin Weng") (collectively, the "Wengs") and Xiao Fei Lin ("Xiao Lin"), all individually and d/b/a "Weng's Gift Shop" (collectively referred to as "Defendants"). Defendant Xiao Lin has cross-moved to dismiss the complaint against her. Plaintiffs have also moved to strike certain documents relating to Defendant Xiao Lin's reply for her motion to dismiss. Based on the facts and circumstances set forth below, the motion of the Plaintiffs is granted in part and denied in part and judgment in their favor will be entered on notice, and the cross-motion of Xiao Lin is denied. Plaintiffs' motion to strike certain documents is dismissed as moot.

Prior Proceedings

In 2011, Coach first received information that Defendants were selling, offering for sale, and distributing

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merchandise bearing counterfeits and infringements of several trademarks owned by Coach (the "Coach Registered Trademarks"). Later that year, Coach received information that Defendants had begun selling, offering for sale, and distributing counterfeit Coach Merchandise from a retail location at 185 Hester Street, New York, NY 10013 known as "Weng's Gift Shop" ("Defendants' Store").

Through its subsequent investigations, Coach learned that since at least 2010, Defendants have distributed counterfeit Coach Merchandise as set forth below:

DATE	ACTION	DEFENDANT ARRESTED OR SERVED	QUANTITY OF COUNTERFEIT COACH MERCHANDISE SEIZED OR VOLUNTARILY SURRENDERED
March 1, 2010	Arrest	Lin Weng Zhen Weng	11
June 8, 2010	Arrest	Zhen Weng	30
July 11, 2010	Arrest	Lin Weng	---
February 19, 2011	Cease and Desist letter served on behalf of Coach
April 20, 2011	Seizure executed on behalf of another luxury good company	Lin Weng	103
May 24, 2011	Preliminary Injunction issued	Lin Weng, Defendants' Store	---
July 1, 2011	Notice to Cure from Landlord	Defendants	---
July 21, 2011	Cease and	Lin Weng	97

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Desist letter served on behalf of Coach	---
August 25, 2011	Sei zure executed on behalf of another luxury good company	Zhen Weng	---
September 6, 2011	Preliminary Injunction issued	Zhen Weng Defendants' Store	---
October 11, 2011	Seizure executed on behalf of another luxury good company	Lin Weng	---
October 18, 2011	Preliminary Injunction issued	Lin Weng, Defendants' Store	---
October 23, 2011	Arrest	Lin Weng, Defendants' Store	---
November 13, 2011	Arrest	Lin Weng Zhen Weng Xiao Lin	111
April 21, 2012	Cease and Desist letter served on behalf of Coach	Lin Weng	135
October 25, 2012	Notice to Cure from Landlord	Defendants	---
November 13, 2012	Notice to Terminate from Landlord	Defendants	---
November 20, 2012	Seizure executed on behalf of another luxury good company	Defendants	---
November 27, 2012	Preliminary Injunction issued	Defendants' Store	---
December 12, 2012	Covert Purchase on behalf of Coach	Defendants' Store	1
December 15, 2012	Arrest	Lin Weng Zhen Weng Xiao Lin	90

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On January 18, 2013, as a result of Defendants' activities, Coach filed the instant complaint (the "Complaint") alleging the distribution of merchandise bearing counterfeits and infringements of the Coach Registered Trademarks and two trademark counterfeiting claims under 15 U.S.C. § 1114.

On April 1, 2013, Coach served its First Request for the Production of Documents and Things and Coach's First Set of Interrogatories (hereinafter referred to as "Coach's Discovery Requests"). Defendants failed to timely respond to Coach's Discovery Requests and to produce documents relevant to this matter. Defendants produced only five (5) pages of documents which consisted of a business certificate and the lease for Defendants' Store.

After discovery, the instant motions were heard and marked fully submitted on January 29, 2014.

The Facts

The facts are set forth in the Plaintiffs' Statement of Undisputed Material Facts, the Defendants' Response to Plaintiffs' Rule 56.1 Statement, Defendants' Statement of Undisputed Material Facts, and Plaintiffs' Counterstatement to

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Defendants' Statement of Undisputed Material Facts. The facts are not disputed except as noted below.

Coach, Inc. is a corporation duly organized and existing under the laws of the state of Maryland. Its corporate headquarters is located at 516 West 34th Street, New York, NY 10001. Coach Services, Inc. is a corporation and wholly owned subsidiary of Coach, Inc. existing under the laws of the state of Maryland. Its corporate headquarters is located at 1 Coach Way, Jacksonville, FL 32218.

Defendant Zhen Weng is a resident of the State of New York, residing at 56-27 Fresh Meadow Lane, Fresh Meadows, NY 11365. Defendant Lin Weng is a resident of the State of New York, residing at 12-11 116th Street, College Point, NY 11356. Defendant Xiao Lin is a resident of the State of New York, residing at 12-11 116th Street, College Point, NY 11356.

Defendants are the owners of "Weng's Gift Shop," located at 185 Hester Street, New York, NY 10013. According to...