Merch Traffic LLC, which holds licensing rights to Bruce Springsteen & The E Street Band trademarks, secured a sweeping court order targeting bootleg merchandise sellers who hawk unauthorized goods near concert venues. The company filed suit against 200 John and Jane Does plus an unidentified company, seeking to stop trademark infringement that it says occurs regularly around the iconic rock band's performances.
Judge Padin found that defendants 'have infringed upon Plaintiff's rights in the Trademarks, and have as well committed acts of unfair competition against Plaintiff herein by manufacturing, distributing, offering for sale and selling merchandise bearing any or all of the Trademarks at or near the sites of the concerts, without having obtained a license or any other authorization to do so.' The court determined that the Springsteen trademarks 'have acquired meanings identified with the Group and with products and services associated with them' through substantial and continuous use.
The order grants extraordinary enforcement powers, stating that 'the United States Marshal for this District or for any district in which Plaintiff enforces this Order, the state police, local police, local deputy sheriffs, off-duty officers of the same, and any person acting under their supervision are hereby authorized to seize and impound any and all infringing merchandise.' The seizure zone extends to 'any carton, container, vehicle, or other means of carriage' within four miles of venues from four hours before to four hours after performances.
The case proceeded as an ex parte hearing on April 11, 2026, before Judge Padin, with only Merch Traffic's attorneys appearing. No defendants appeared to contest the motion, which was supported by a declaration from Emily Holt and a certificate from counsel Cara R. Burns. The company had requested both preliminary injunctive relief and seizure powers to combat what it characterized as ongoing trademark violations.
The court rejected any potential fair use or non-commercial speech defenses by finding that defendants' activities 'constitute a violation of the U.S. Trademark Act' because they 'involve goods or services,' 'are activities which affect interstate commerce,' and 'infringe the trademarks and/or bear a false designation of the source or origin of such goods or are likely to cause confusion, mistake or deception as to the affiliation, connection, association, sponsorship or approval of Plaintiff.' Judge Padin concluded that defendants 'will continue to sell such infringing merchandise unless enjoined by the Court.'
The seizure order includes procedural safeguards requiring process servers to 'offer a receipt to each person from whom goods are seized' and allowing defendants to 'submit his or her objections to this Court or otherwise move for relief from this Court within ten (10) days of the date of seizure.' However, the order specifies that 'no such objection shall serve to suspend this Order or stay the terms hereof unless otherwise ordered by this Court.'
The ruling represents an aggressive approach to trademark enforcement in the music industry, where bootleg merchandise sales around major concert venues have long been a persistent problem. Similar ex parte seizure orders have been granted in cases involving other major artists, giving trademark holders powerful tools to combat unauthorized merchandise sales in real-time around live events.