Court Refuses to Muzzle Press
A recent case in the Eastern District of New York illustrates how carefully the timing of counterfeiting cases must be orchestrated to avoid tipping off the target.
On October 23, "Indi" brand curry powder purveyor Edward B. Beharry & Co., Ltd. filed a complaint in the federal court for Eastern District of New York alleging that the defendants were selling counterfeit Indi curry powder and seeking an ex parte temporary restraining order, seizure order, expedited discovery order, and order to show cause for a preliminary injunction. The court entered a seizure order but, before the U.S. Marshall's Service had executed on it, conducted an open evidentiary hearing on Beharry's prelimnary injunction motion. A member of the press attended the hearing at which the preliminary injunction motion was granted. Beharry then asked the court for an order preventing publication of its ruling before the defendants' inventory of fake Curry was seized. Judge Weinstein denied the motion "since the relief sought would be in derogation of the freedom of the press." Instead, he "requested" that the Marshall's service "expedite seizure in order to prevent defendants from spiriting away its product."