The company that has a contract to sell Billie Eilish stuff got a court order yesterday that will let it and police go after anybody selling unauthorized merchandise outside the Garden on March 19, when she has a concert scheduled.
A federal judge in Boston yesterday granted Bravado International Group Merchandising Services, Inc. a temporary restraining order against "John Does 1-100" and "Jane Does 1-100," as well as against "XYZ Company," that bars people from selling ersatz Eilish merch without its permission, under federal trademark.
To win the order, the company had to prove how it would be harmed by knock-off stuff:
The Artist has a decidedly strong and loyal following among those who attend popular music concerts and record buyers. The Artist has appeared in concerts at major arenas and stadiums in the United States, and throughout the world and has been seen and heard in concert by millions of popular music enthusiasts. The previous tours by the Artist were attended by hundreds of thousands of people.
As a result of the foregoing, each of the Artist's Trademarks has developed and now possesses secondary and distinctive meaning to purchasers of merchandise bearing any of the Artist's Trademarks. Plaintiff and the Artist annually realize substantial income from sale of Authorized Tour Merchandise bearing the Artist's Trademarks.
The concert is still listed on the Garden Web site, although so are Celtics games, even though the NBA has suspended all games and the Celtics themselves are now in self-quarantine.