Gucci v. Bank of China, No. 11-3934 (2d Cir. 2014)Annotate this Case
Plaintiffs, manufacturers of well-known luxury items, filed suit claiming that defendants were selling counterfeit versions of plaintiffs' products on the Internet. In the instant appeal, Bank of China, a nonparty appellant, challenged an August 2011 order granting plaintiffs' motion to compel the Bank to comply with a document subpoena and an asset freeze injunction and denying the Bank's cross-motion to modify the court's orders; a May 2012 order denying the Bank's motion to reconsider; and a November 2012 order holding the Bank in civil contempt and imposing monetary penalties. The court concluded that the Bank's claim that the district court was without authority to issue orders restraining defendants' assets pending adjudication was without merit; the court vacated the August 2011 and May 2012 orders so that the district court may consider on remand whether it may exercise specific personal jurisdiction over the Bank to compel compliance with its orders and if so whether it should exercise such jurisdiction, properly applying principles of comity; and the court reversed the November 2012 order holding the Bank in civil contempt and imposing civil monetary penalties.