Tagged: Foreign Relations

Court Orders Nonparty Bank to Produce Documents Said to be Located Abroad in Trademark Counterfeiting Case 0

Court Orders Nonparty Bank to Produce Documents Said to be Located Abroad in Trademark Counterfeiting Case

After more than five years of litigating access to documents requested in a subpoena directed to a nonparty foreign bank, the district court in Gucci Am. Inc. v. Weixing Li has ordered the bank to produce the documents, despite objections from the bank that production would violate Chinese law. The decision written by Judge Sullivan of the Southern District of New York, is an important decision for brand owners seeking to obtain financial documentation related to the sale of allegedly counterfeit goods.

Second Circuit Issues Decision in Gucci America, Inc. et. al. v. Li et. al. 0

Second Circuit Issues Decision in Gucci America, Inc. et. al. v. Li et. al.

On September 17, 2014, the Second Circuit issued its long awaited decision in Gucci America, Inc. et. al. v. Li et. al., 2014 WL 4629049 (Appeal Nos. 11-3934 & 12-4557). In its decision, the Court vacated and remanded an August 2011 order compelling nonparty Bank of China (BOC) to comply with a document subpoena and asset freeze provision in an injunction and a May 2012 order denying the bank’s motion to reconsider. The court also reversed a November 2012 decision holding the bank in contempt for non-compliance with the court’s August 2011 order and imposing civil penalties.