JAB Distributors, LLC v. Home Linen Collections

Justia Dockets & Filings Second Circuit New York Eastern District JAB Distributors, LLC v. Home Linen Collections

JAB Distributors, LLC v. Home Linen Collections

Plaintiff:	JAB Distributors, LLC
Defendant:	Home Linen Collections
Case Number:	1:2014cv06859
Filed:	November 21, 2014
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Margo K. Brodie
Presiding Judge:	Cheryl L. Pollak
Nature of Suit:	Patent
Cause of Action:	28 U.S.C. § 1331 Fed. Question
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 30, 2016	Filing 23 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS IN PART. Having reviewed the unopposed March 8, 2016 report and recommendation (the "R&R"), the Court adopts the R&R in part and declines to adopt it in part. The Court grants the f ollowing relief: (1) the Court grants Plaintiff's motion for default judgment as to all of Plaintiff's claims except its claims for (a) trademark dilution under the Lanham Act and (b) deceptive trade practices under New York State law; (2) the Court grants Plaintiff's request for a permanent injunction barring Defendant from producing or marketing any of its products in a way that infringes on Plaintiff's protected patents and trademarks; (3) the Court grants Plaintiff's request for a 15 U.S.C. section 1118 order requiring that Defendant deliver its infringing products to Plaintiff for destruction, but the Court directs Plaintiff to propose and file a revised order consistent with this Memorandum and Order within fo urteen (14) days of this Memorandum and Order. The Court adopts Judge Pollak's recommendation that the Court reserve decision as to Plaintiff's request to file a motion for attorneys' fees under seal. Ordered by Judge Margo K. Brodie on 3/30/2016. (Rolle, Drew)

Date Filed

Document Text

March 30, 2016

Filing 23 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS IN PART. Having reviewed the unopposed March 8, 2016 report and recommendation (the "R&R"), the Court adopts the R&R in part and declines to adopt it in part. The Court grants the f ollowing relief: (1) the Court grants Plaintiff's motion for default judgment as to all of Plaintiff's claims except its claims for (a) trademark dilution under the Lanham Act and (b) deceptive trade practices under New York State law; (2) the Court grants Plaintiff's request for a permanent injunction barring Defendant from producing or marketing any of its products in a way that infringes on Plaintiff's protected patents and trademarks; (3) the Court grants Plaintiff's request for a 15 U.S.C. section 1118 order requiring that Defendant deliver its infringing products to Plaintiff for destruction, but the Court directs Plaintiff to propose and file a revised order consistent with this Memorandum and Order within fo urteen (14) days of this Memorandum and Order. The Court adopts Judge Pollak's recommendation that the Court reserve decision as to Plaintiff's request to file a motion for attorneys' fees under seal. Ordered by Judge Margo K. Brodie on 3/30/2016. (Rolle, Drew)

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Defendant: Home Linen Collections
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Plaintiff: JAB Distributors, LLC
Represented By:	Ronald DiCerbo
Represented By:	Timothy J. Kelly
Represented By:	David Petty
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