young
ex
rel
vuitton
et
fils
argued
january
decided
may
agreement
settling
suit
named
defendants
two
petitioners
consented
entry
permanent
injunction
prohibiting
infringing
trademark
respondent
leather
goods
manufacturer
hereinafter
respondent
subsequently
upon
submission
affidavit
respondent
attorneys
district
found
probable
cause
believe
petitioners
engaged
conduct
violative
injunction
therefore
granted
request
respondent
attorneys
appointment
special
counsel
represent
government
investigation
prosecution
criminal
contempt
action
petitioners
ultimately
jury
convicted
petitioners
either
criminal
contempt
aiding
abetting
contempt
appeals
affirmed
rejecting
petitioners
contention
appointment
respondent
attorneys
special
counsel
violated
right
prosecuted
impartial
prosecutor
stated
inter
alia
judge
supervision
contempt
prosecution
generally
sufficient
prevent
danger
special
prosecutor
use
threat
prosecution
bargaining
chip
civil
negotiations
held
judgment
reversed
reversed
justice
brennan
delivered
opinion
parts
ii
iv
concluding
district
courts
authority
appoint
private
attorneys
prosecute
criminal
contempt
actions
pp
although
federal
rule
criminal
procedure
authorize
appointment
private
attorneys
reference
appointments
acknowledges
rule
courts
possess
inherent
authority
initiate
contempt
proceedings
disobedience
orders
authority
necessarily
includes
ability
appoint
private
attorney
prosecute
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contention
attorney
office
may
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contempt
prosecution
unavailing
since
judiciary
must
independent
means
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authority
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dependence
another
branch
decide
whether
proceedings
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pp
courts
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contempt
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extends
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drawn
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exercise
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thus
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mean
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branch
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fact
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purpose
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authority
pp
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prosecutor
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pp
counsel
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alleged
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order
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interest
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profession
ethical
rules
may
require
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take
account
interest
government
creates
intolerable
danger
public
interest
compromised
produces
least
appearance
impropriety
fact
judge
makes
initial
decision
proceed
contempt
prosecution
sufficient
quell
concern
interested
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may
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improper
motives
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prosecutor
exercises
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matters
critical
case
outside
supervision
requirement
disinterested
prosecutor
consistent
earlier
decisions
recognizing
prosecutors
need
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judges
cases
require
informed
speculation
whether
prosecutor
subject
extraneous
influence
whereas
influence
virtual
certainty
cases
present
pp
justice
brennan
joined
justice
marshall
justice
blackmun
justice
stevens
concluded
part
doctrine
apply
appoints
counsel
interested
party
contempt
prosecutor
since
error
fundamental
pervasive
requires
reversal
without
regard
facts
circumstances
particular
case
pp
justice
scalia
concluded
district
error
appointing
respondent
attorneys
prosecute
contempts
requires
reversal
convictions
appointments
defective
federal
courts
constitutional
power
prosecute
contemners
disobedience
judgments
power
derivative
appoint
attorneys
conduct
contempt
prosecutions
light
discretion
allowed
prosecutors
broad
decisions
prosecute
ordinarily
unreviewable
impossible
conclude
certainty
prosecutions
brought
simply
referred
matter
executive
branch
together
klayminc
ex
rel
vuitton
et
fils
et
also
certiorari
james
cohen
argued
cause
petitioners
briefs
leonard
comden
william
weininger
deputy
solicitor
general
bryson
argued
cause
amicus
curiae
urging
reversal
brief
solicitor
general
fried
assistant
attorney
general
trott
edwin
kneedler
gloria
phares
joseph
bainton
argued
cause
respondents
brief
robert
devlin
justice
brennan
delivered
opinion
respect
parts
ii
iv
opinion
respect
part
justice
marshall
justice
blackmun
justice
stevens
join
petitioners
cases
found
guilty
criminal
contempt
jury
pursuant
violation
district
injunction
prohibiting
infringement
respondent
trademark
received
sentences
ranging
six
months
five
years
appeal
appeals
second
circuit
petitioners
urged
district
erred
appointing
respondent
attorneys
rather
disinterested
attorney
prosecute
contempt
appeals
affirmed
granted
certiorari
reverse
exercising
supervisory
power
hold
counsel
party
beneficiary
order
may
appointed
undertake
contempt
prosecutions
alleged
violations
order
injunction
petitioners
violated
cases
result
settlement
lawsuit
brought
december
district
southern
district
new
york
louis
vuitton
french
leather
goods
manufacturer
sol
klayminc
wife
sylvia
son
barry
klaymincs
businesses
karen
bags
jade
handbag
jak
handbag
vuitton
alleged
suit
klaymincs
manufacturing
imitation
vuitton
goods
sale
distribution
vuitton
trademark
found
valid
vuitton
et
fils
young
enterprises
vuitton
klaymincs
entered
settlement
agreement
july
agreement
klaymincs
agreed
pay
vuitton
damages
consented
entry
permanent
injunction
prohibiting
inter
alia
manufacturing
producing
distributing
circulating
selling
offering
sale
advertising
promoting
displaying
product
bearing
simulation
reproduction
counterfeit
copy
colorable
imitation
vuitton
registered
trademark
app
pet
cert
early
vuitton
companies
concerned
possible
trademark
infringement
contacted
florida
investigation
firm
proposal
conduct
undercover
sting
operation
firm
retained
melvin
weinberg
gunner
askeland
two
former
federal
bureau
investigation
agents
set
pose
persons
interested
purchasing
counterfeit
goods
weinberg
expressed
interest
petitioner
nathan
helfand
discussed
klayminc
wife
possibility
weinberg
askeland
might
invest
haitian
factory
devoted
manufacture
counterfeit
vuitton
gucci
goods
klayminc
signed
documents
described
nature
factory
operation
provided
estimate
cost
counterfeited
goods
addition
klayminc
delivered
sample
counterfeit
vuitton
bags
helfand
weinberg
askeland
inspection
four
days
helfand
met
klayminc
march
vuitton
attorney
joseph
bainton
requested
district
appoint
colleague
robert
devlin
special
counsel
prosecute
criminal
contempt
action
violation
injunction
infringing
vuitton
trademark
app
bainton
affidavit
support
request
recounted
developments
helfand
klayminc
pointed
devlin
previously
appointed
prosecute
sol
klayminc
contempt
earlier
preliminary
injunction
vuitton
lawsuit
bainton
also
indicated
next
step
sting
meeting
among
sol
barry
klayminc
weinberg
askeland
sol
deliver
counterfeit
vuitton
handbags
bainton
sought
permission
conduct
videotape
meeting
continue
engage
undercover
investigative
activity
responded
bainton
day
request
found
probable
cause
believe
petitioners
engaged
conduct
contumacious
injunctive
order
appointed
bainton
devlin
represent
investigation
prosecution
activity
proposed
bainton
affidavit
week
bainton
appointment
april
suggested
bainton
inform
attorney
office
appointment
impending
investigation
bainton
offering
make
available
tape
recordings
evidence
chief
criminal
division
office
expressed
interest
beyond
wishing
bainton
good
luck
course
next
month
audio
video
tapes
made
meetings
telephone
conversations
petitioners
investigators
basis
evidence
bainton
requested
district
signed
order
april
directing
petitioners
show
cause
parties
cited
contempt
either
violating
aiding
abetting
violation
july
permanent
injunction
app
pet
cert
petitioners
pretrial
motions
opposing
order
show
cause
appointment
bainton
devlin
special
prosecutors
denied
ex
rel
vuitton
et
fils
karen
bags
supp
sdny
two
defendants
subsequently
entered
guilty
pleas
sol
klayminc
ultimately
convicted
following
jury
trial
criminal
contempt
petitioners
convicted
aiding
abetting
contempt
trial
denied
motions
ex
rel
vuitton
et
fils
karen
bags
supp
sdny
appeal
appeals
second
circuit
petitioners
argued
inter
alia
appointment
bainton
devlin
special
prosecutors
violated
right
prosecuted
impartial
prosecutor
rejected
contention
citing
decision
musidor
great
american
screen
cert
denied
suggested
interested
attorney
often
source
information
contempts
occurring
outside
presence
stated
supervision
contempt
prosecutions
judge
generally
sufficient
prevent
danger
special
prosecutor
use
threat
prosecution
bargaining
chip
civil
negotiations
furthermore
stated
authority
prosecute
encompasses
authority
engage
necessary
investigative
activity
sting
conducted
case
appeals
therefore
affirmed
petitioners
contempt
convictions
ii
petitioners
first
contend
district
lacked
authority
appoint
private
attorney
prosecute
contempt
action
result
attorney
office
permissibly
brought
prosecution
disagree
true
federal
rule
criminal
procedure
provide
authorization
appointment
private
attorney
long
settled
courts
possess
inherent
authority
initiate
contempt
proceedings
disobedience
orders
authority
necessarily
encompasses
ability
appoint
private
attorney
prosecute
contempt
terms
rule
speaks
procedure
providing
notice
criminal
contempt
required
state
essential
facts
constituting
criminal
contempt
charged
describe
notice
must
given
judge
open
application
attorney
attorney
appointed
purpose
order
show
cause
order
arrest
rule
reference
appointment
private
attorney
submit
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cause
order
assumes
practice
private
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contempts
purport
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authorization
practice
rule
simply
requires
private
prosecutor
appointed
sufficient
notice
must
provided
contempt
proceeding
criminal
nature
rule
assumption
private
attorneys
may
used
prosecute
contempt
actions
reflects
longstanding
acknowledgment
initiation
contempt
proceedings
punish
disobedience
orders
part
judicial
function
declared
michaelson
ex
rel
chicago
power
punish
contempts
inherent
courts
many
times
decided
may
regarded
settled
law
essential
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justice
courts
called
existence
vested
jurisdiction
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power
petitioners
contend
ability
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process
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contempts
require
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party
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crimes
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may
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branch
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rather
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bessette
conkey
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efore
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view
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normal
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defendants
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michaelson
constitutional
review
bloom
supra
supervisory
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cheff
schnackenberg
however
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reasonable
regulation
attributes
inhere
power
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michaelson
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thus
prosecution
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instigation
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regard
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ordinary
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judiciary
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specific
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directly
parties
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judicial
proceedings
petitioners
assertion
district
lacked
authority
appoint
private
attorney
prosecute
contempt
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cases
thus
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merit
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many
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fundamental
purpose
preserve
respect
judicial
system
result
courts
long
must
continue
authority
appoint
private
attorneys
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need
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proposed
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wilson
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principle
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caution
exercise
power
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repeat
rationale
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branch
redress
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branch
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logic
rationale
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manual
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trained
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case
attorney
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bainton
devlin
special
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ramifications
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prosecution
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family
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furthermore
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attorneys
aba
model
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cfr
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firemen
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attorneys
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represent
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violated
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gompers
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interest
influence
discharge
public
duty
vuitton
california
litigation
culminated
permanent
injunction
consent
decree
favor
vuitton
petitioner
young
relating
various
trademark
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activities
decree
contained
liquidated
damages
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potential
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young
selected
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whether
might
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plea
bargain
whether
might
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immunity
return
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bainton
defendant
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filed
klayminc
arising
bainton
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injunction
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klayminc
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information
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various
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claims
pending
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information
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suits
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leverage
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pleas
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prosecution
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