ALLSTAR MARKETING GROUP, LLC, v. ALLSTAR_PLACE, et al
| 1:2021cv05856 |
| October 28, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Trademark |
| 15 U.S.C. ยง 1051 Trademark Infringement |
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Filing
61
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: It is hereby ORDERED, ADJUDGED AND DECREED as follows: ORDERED, ADJUDGED AND DECREED that Plaintiff has made a sufficient showing that it was unable to locate addresses for the Defaulting Def endants despite its reasonable diligence. The Hague Convention accordingly does not apply. See Ctr. Way Co. Ltd. v. Ningbo Wolfthon Tech. Co., 2022 WL 19003380, at *1 (S.D.N.Y. Nov. 9, 2022). Plaintiffs alternative service of the Defaulting Defendant s was proper and satisfied both the Federal Rules of Civil Procedure and constitutional due process. Id. at *1-2. As further set forth in this order. ORDERED, ADJUDGED AND DECREED that judgment is granted in favor of Plaintiff against the Default ing Defendants as to the fifth cause of action pleaded in the Complaint (copyright infringement). IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve the compensatory and punitive purposes of the Copyright Act's prohibition s on copyright infringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages requested in its Motion for Default Judgment, the Court awards Plaintiff Fifty Thousand Dollars ($50,000.00) in statutory damages p ursuant to 17 U.S.C. § 504(c) against those Defaulting Defendants who infringed three or more of Plaintiffs Happy Nappers Works specifically: at-benado, ayesmadusank_0, baby_home29, bloomstore-24, busy-sales-4u, cenganmen663, chanizshop, cigolt fos_holding, city_ceylon, d_white_store, dinu_suppliers, eloukili_store, entershop1320, fenfatuqiang7788, hnia22, isuru2009, mohlab_86, power_store98, prince_n, sandaru_e-mart, serandib_choice1992, shan1999-9, shop_for_life_elfe, shopi_mart, spice_t ech1, tc_knight, toymax_20, trafficz, xuzhijiestore-1, z_and_c-shop, and zine8893. The Court awards Plaintiff Forty Thousand Dollars ($40,000.00) in statutory damages pursuant to 17 U.S.C. § 504(c) against those Defaulting Defendants who in fringed two or more of Plaintiffs Happy Nappers Worksspecifically, usa*deals1, knickknack_mart, ectrend984, and binara_onlinestore. The Court awards Plaintiff Thirty Thousand Dollars ($30,000.00) in statutory damages pursuant to 17 U.S.C. § 504(c) against those Defaulting Defendants who infringed two or more of Plaintiffs Happy Nappers Worksspecifically, erangaonlinemart98, gamagee-shop, liyachan, and zondzon-store. See McGraw Hill LLC v. Doe 1, 2022 WL 2979721, at *56 (S.D.N.Y. Jul y 26, 2022). This results in a statutory damages award in the aggregate of One Million Eight Hundred Thirty Thousand U.S. Dollars ($1,830,000.00) ("Defaulting Defendants' Collective Damages Award"), as well as post-judgment inter est at the statutory rate set forth in 28 U.S.C. § 1961(a). IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendants, their respective officers, agents, servants, employees, successors and assigns, and all persons acting in conc ert with or under the direction of Defaulting Defendants (regardless of whether located in the United States or abroad) who receive actual notice of this Order are permanently enjoined and restrained from: As further set forth in this Order. IT IS FURTHER ORDERED, ADJOURNED AND DECEED that any failure by Defaulting Defendants to comply with the terms of this Order shall be deemed contempt of Court, subjecting Defendants to contempt remedies to be determined by the Court, including fines and s eizures of property. 9) IT IS FURTHER ORDERED, ADJOURNED AND DECEED that the Court releases the Five Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff submitted in connection to this action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, Suite 1250, New York, NY 10166. 10) IT IS FURTHER ORDERED, ADJOURNED AND DECEED that this Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/11/2023) (ks) Transmission to Finance Unit (Cashiers) for processing.
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Filing
54
ORDER granting 53 Letter Motion for Extension of Time to File. The requested extension to file a new motion for default judgment is GRANTED. Any opposition shall be filed by April 4, 2023. A default judgment hearing is scheduled for April 11, 202 3 at 11:00am. The hearing will be held remotely by telephone and parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. Plaintiff is directed to serve this Order on the defendants. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/2/2023) (va)
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Filing
52
MEMORANDUM AND ORDER denying without prejudice to renewal by formal motion 48 Motion for Default Judgment. The motion for default judgment is DENIED without prejudice to renewal. Plaintiff may either file an amended complaint with allegations d emonstrating that they are the legal representative, predecessor, successor or assign of the Happy Nappers Marks and Works or Plaintiff may move for a default judgment on the basis of causes of action three to five in its Complaint. Plaintiff sh ould file an amended complaint or submit a new motion for default judgment within 30 days of the date of this memorandum and order. If Plaintiff does not amend or submit a new motion for default judgment, it shall show cause within 30 days of the date of this memorandum and order why the Complaint should not be dismissed for failure to prosecute. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/1/2023) (tg)
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Filing
44
ORDER: Pursuant to the certificate of service at Dkt. No. 42, the time for Defendants to answer has expired. Plaintiff is directed to file any motions for default judgment by June 3, 2022. ( Motions due by 6/3/2022.) (Signed by Judge Lewis J. Liman on 4/4/2022) (rro)
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Filing
41
ORDER: The Court has received the proposed notice of voluntary dismissal as to Defendant spiroia_208198, pursuant to Federal Rule of Civil Procedure 41(a)(1) (A)(i). Dkt. No. 40. Rule 41 addresses dismissal of actions rather than dismissal of pa rties. Treating the application as addressed to the Court's power under Rule 15 or Rule 21 or its inherent power, the Court will dismiss the complaint as against Defendant spiroia_208198 with prejudice and with each party to bear their own costs and fees. The Clerk of Court is respectfully directed to terminate Defendant spiroia_208198. SO ORDERED. SPIROIA_208198 terminated. (Signed by Judge Lewis J. Liman on 2/28/2022) (vfr)
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Filing
39
ORDER: The Court has received the proposed notice of voluntary dismissal as to Defendants allstar_place, bardugo007, dreamstore-3, kitty_lavi, reaf_59, thisbuy, and tur68-store, pursuant to Federal Rule of Civil Procedure 41(a)(1) (A)(i). D kt. No. 38. Rule 41 addresses dismissal of actions rather than dismissal of parties. Treating the application as addressed to the Court's power under Rule 15 or Rule 21 or its inherent power, the Court will dismiss the complaint as against Defendants allstar_place, bardugo007, dreamstore-3, kitty_lavi, reaf_59, thisbuy, and tur68-store with prejudice and with each party to bear their own costs and fees. The Clerk of Court is respectfully directed to terminate Defendants allstar _place, bardugo007, dreamstore-3, kitty_lavi, reaf_59, thisbuy, and tur68-store. SO ORDERED. DREAMSTORE-3, KETTY_LAVI, REAF_59, THISBUY, TUR68-STORE, ALLSTAR_PLACE and BARDUGO007 terminated. (Signed by Judge Lewis J. Liman on 1/13/2022) (va)
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Filing
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ORDER: The Court has received the notice of voluntary dismissal as to Defendant amgari66, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Dkt. No. 36. Treating the application as addressed to the Court's power under Rule 15 or Rule 21 or its inherent power, the Court will dismiss the complaint as against Defendant amgari66 with prejudice and with each party to bear their own costs and fees. The Clerk of Court is respectfully directed to terminate Defendant amgari66. SO ORDERED. AMGARI66 terminated. (Signed by Judge Lewis J. Liman on 11/22/2021) (vfr)
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Filing
35
PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this action, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanham Act. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a final disposition of this case or until this Order is terminated. This Order shall remain in effect during the pendency of this action, or until further order of the Court. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by the Court. (And as further set forth herein.) SO ORDERED. (Signed by Judge Lewis J. Liman on 10/14/2021) (jca)
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