The Estate of Marilyn Monroe LLC v. .LOSICOE et al., Civil Action No. 1:22-cv-01977-MLB (N.D. Ga. June 13, 2022).
Plaintiff The Estate of Marilyn Monroe LLC filed suit against Defendants LOSICOE et al. (in total, 98 defendants) on May 18, 2022 in the Northern District of Georgia (Atlanta Division). The Complaint alleges three counts: (1) infringement of a registered trademark in violation of 15 U.S.C. § 1114; (2) federal unfair competition in violation of 15 U.S.C. § 1125(a); and (3) common law trademark infringement and unfair competition.
According to the Complaint, Plaintiff owns all intellectual property of Marilyn Monroe’s estate and is the current owner of the late Marilyn Monroe’s global trademark portfolio including, but not limited to, the marks “MARILYN” and “MARILYN MONROE.” The Complaint further alleges that Defendants operate multiple virtual storefronts via various e-commerce platforms through which they sell goods bearing marks that infringe upon, or are counterfeits of, Plaintiff’s marks.
On June 9, 2022, Judge Michael L. Brown granted Plaintiff’s request for a Preliminary Injunction given Defendants’ failure to show good cause why a preliminary injunction should not issue. The terms of the Preliminary Injunction are identical to the terms of the Court’s May 20, 2022 Temporary Restraining Order, Asset Freeze Order, and Order to Show Cause. Also on June 9, 2022, the Clerk of Court entered Plaintiff’s voluntarily dismissal without prejudice under Fed. R. Civ. P. 41(a)(1)(A)(i) of four Defendants (2018MUiseer, XVERDSE, Youdepot, and AK.ITAL) and, on June 13, 2022, entered Plaintiff’s voluntary dismissal of another four Defendants (OYSRONG, Bomingsi, Chengduzhibangxuliangdianziyouxiangongsi, and Cloudshang).