REEBOK INTERN. LTD. v. Su Youn Pak, 87 Civ. 2727.
| Decision Date | 17 December 1987 |
| Docket Number | No. 87 Civ. 2727.,87 Civ. 2727. |
| Citation | 683 F. Supp. 929 |
| Parties | REEBOK INTERNATIONAL LTD. (a Massachusetts corporation) and Reebok International Limited (a limited company of the United Kingdom), Plaintiffs, v. SU YOUN PAK individually and d/b/a Young's Fashions, Usung Ree, Yungja Ree, Mr. Oh, Urico Trading Corp. and Byung Wok Yun, individually and d/b/a Yun's Fashions, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Lewin & Layton, New York City, for plaintiff Reebok Intern. Ltd. and Reebok Intern. Limited.
Altschul & Altschul, New York City, for defendants Oh, Usung Ree, Yungja Ree and URICO Trading Corp.
The above caption is from the current complaint — the first amended complaint. The defendants include Urico Trading Corp. and defendants Oh, Unsung Ree and Yungja Ree, who are connected with Urico. The four Urico defendants are represented by the law firm of Altschul & Altschul, who stipulated to the "entry" of the first amended complaint.
Altschul & Altschul have filed, on behalf of the Urico defendants, an answer which contains five affirmative defenses and fourteen counterclaims. The numbering of the counterclaims in the answer only goes to thirteen, but there are two counterclaims numbered "VII."
Plaintiffs have filed a motion to strike the affirmative defenses and dismiss the counterclaims. The Urico defendants have cross-moved to dismiss the action for lack of proper service of process. These defendants have also moved to "reargue" the issuance of the ex parte order allowing the seizure of records and counterfeit merchandise.
Of all of the affirmative defenses and counterclaims, only the third affirmative defense, the seventh counterclaim (second version) and the eighth counterclaim have any possible merit. Although the court has grave doubts that even these have any merit, the record does not justify striking or dismissing them. However, as to all the other affirmative defenses and counterclaims, it is clear beyond question that they should never have been pleaded, that they are totally frivolous, and that they do not even merit discussion in this opinion. This means that affirmative defenses 1, 2, 4 and 5 are stricken, and counterclaims 1-6, 7 (first version) and 9-13 are dismissed.
The cross-motion to dismiss the action is frivolous and is denied.
The motion to reargue the seizure order raises only one point which requires discussion. The Urico defendants contend that the order violates the Fourth...
To continue reading
Request your trial
-
Time Warner Entertainment Co. v. DOES NOS. 1-2
...113 S.Ct. at 545-47. The 1984 Amendments to the Lanham Act are constitutional under the Fourth Amendment. Reebok Int'l Ltd. v. Su Youn Pak, 683 F.Supp. 929, 930 (S.D.N.Y.1987). However, this statute must be construed in accordance with the Constitution — the statute itself may pass constitu......
-
United States v. Shayota
...orders were met, and thus the seizure orders did not violate the defendants' Fourth Amendment rights"); Reebok Int'l Ltd. v. Su Youn Pak , 683 F.Supp. 929, 930 (S.D.N.Y.1987) (civil seizure order issued pursuant to 15 U.S.C. § 1116(d) satisfied Fourth Amendment requirements).B. Seizure Orde......
-
Gucci America, Inc. v. Accents, 96 Civ. 9575 (JSR).
...orders were met, and thus the seizure orders did not violate the defendants' Fourth Amendment rights. See Reebok Int'l v. Su Youn Pak, 683 F.Supp. 929, 930 (S.D.N.Y.1987) (holding that the statutory requirements under the Trademark Counterfeiting Act of 1984 satisfy Fourth Amendment require......
-
NBA Properties v. Does
...that the statutory requirements under 15 U.S.C. § 1116(d)(4)(B) satisfy Fourth Amendment requirements; citing Reebok Intern. Ltd. v. Su Youn Pak, 683 F.Supp. 929 (S.D.N.Y., 1987)). Accordingly, the order of the United States District Court for the District of Utah is REVERSED, and the case ......