Last week, Judge Analisa Torres issued a temporary restraining order, seizure order, and order to show cause against unidentified sellers of counterfeit tour merchandise ahead of a Benson Boone concert at Madison Square Garden. Plaintiff Ceremony of Roses Acquisition LLC (“Ceremony of Roses”) alleges that it possesses the exclusive right to sell merchandise bearing Benson Boone’s federally registered trademarks, and highlighted in its moving papers that similar seizure orders had issued ahead of tours from other artists, including Harry Styles, Nicky Manaj and the Jonas Brothers.
Ceremony of Roses alleged that irreparable injury would result unless “bootleggers” were enjoined from distributing counterfeit, infringing tour merchandise outside each concert venue on Benson Boone’s tour. Judge Torres agreed, entering a TRO that authorizes law enforcement officials to seize and impound any and all “infringing merchandise” bearing Benson Boone’s trademarks for four hours before or after any tour performance, within a four mile vicinity of the concert locations. Anyone from whom such merchandise is seized is to be given a copy of the TRO, seizure order, and Order to Show Cause, as well as Ceremony of Roses’ Complaint, and will become a defendant in the case. The newly named defendants will have until September 12 to respond to the Order to Show Cause, or may file objections to the Order under Federal Rule of Civil Procedure 65.
A hearing on the order to show cause is scheduled for September 18, 2025.