Sub-Zero, Inc. v. Sub Zero NY Refrigeration & Appliances Services Inc.

Justia Dockets & Filings Second Circuit New York Southern District Sub-Zero, Inc. v. Sub Zero NY Refrigeration & Appliances Services Inc.

Sub-Zero, Inc. v. Sub Zero NY Refrigeration & Appliances Services Inc.

Plaintiff:	Sub-Zero, Inc.
Defendant:	Sub Zero NY Refrigeration & Appliances Services Inc.
Case Number:	1:2013cv02548
Filed:	April 17, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Kimba M. Wood
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1051 Trademark Infringement
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
April 1, 2014	Filing 16 OPINION & ORDER granting 10 MOTION for Entry of Default as to SUB ZERO NY REFRIGERATION & APPLIANCES SERVICES INC., and NIKKI GROCHOWSKI filed by Sub-Zero, Inc. For the reasons set forth above, the Court GRANTS Plaintiff's motion for entry of default judgment. The Court further GRANTS Plaintiff's request for a permanent injunction as set forth below and Plaintiff's request for an order requiring Defendants to deliver for destruction any infringing advertisements. The Court award s Plaintiff $9,676.006 in attorney's fees and $1,738.00 in costs. Defendants Sub Zero NY Refrigeration & Appliances Services Inc. and Nikki Grochowski and their agents are permanently enjoined from: (1) using the word "Sub-Zero&qu ot; in the name of any business they own, operate, or are affiliated with; (2) using Sub-Zero, Inc.'s logos or any words or images confusingly similar to Sub-Zero, Inc.'s logos; (3) using the phrases "Sub-Zero Authorized Service," "Sub-Zero Experts," "Sub-Zero Repair Experts," "Sub-Zero Specialists," "factory trained Sub-Zero technicians," or any similar phrase in any advertising, marketing, promotional, or informational materials, incl uding any Internet website owned or controlled by Defendants; (4) engaging in acts that constitute trademark infringement, unfair competition, and false advertisement under the laws of the United States and that would damage or injure Sub-Zero, Inc.; and (5) inducing, encouraging, instigating, aiding, abetting or contributing to any of the aforesaid acts. Defendants Sub Zero NY Refrigeration & Appliances Services Inc. and Nikki Grochowski are ordered to take all actions necessary to transfer own ership of the domain name www.subzerorefrigerationservice.com to Sub-Zero, Inc., and all internet service providers for Defendants shall take any actions necessary to effectuate that transfer. Defendants are further ordered to deliver to Plaintiff fo r destruction any and all advertisements (and the like) in their possession, or under their custody or control, that use the word mark "Sub-Zero" or the Sub-Zero logo in connection with the sale or provision of their services. The Clerk of the Court is directed to close this case. Any pending motions are moot. (Signed by Judge Kimba M. Wood on 4/1/2014) (ft)

Date Filed

Document Text

April 1, 2014

Filing 16 OPINION & ORDER granting 10 MOTION for Entry of Default as to SUB ZERO NY REFRIGERATION & APPLIANCES SERVICES INC., and NIKKI GROCHOWSKI filed by Sub-Zero, Inc. For the reasons set forth above, the Court GRANTS Plaintiff's motion for entry of default judgment. The Court further GRANTS Plaintiff's request for a permanent injunction as set forth below and Plaintiff's request for an order requiring Defendants to deliver for destruction any infringing advertisements. The Court award s Plaintiff $9,676.006 in attorney's fees and $1,738.00 in costs. Defendants Sub Zero NY Refrigeration & Appliances Services Inc. and Nikki Grochowski and their agents are permanently enjoined from: (1) using the word "Sub-Zero&qu ot; in the name of any business they own, operate, or are affiliated with; (2) using Sub-Zero, Inc.'s logos or any words or images confusingly similar to Sub-Zero, Inc.'s logos; (3) using the phrases "Sub-Zero Authorized Service," "Sub-Zero Experts," "Sub-Zero Repair Experts," "Sub-Zero Specialists," "factory trained Sub-Zero technicians," or any similar phrase in any advertising, marketing, promotional, or informational materials, incl uding any Internet website owned or controlled by Defendants; (4) engaging in acts that constitute trademark infringement, unfair competition, and false advertisement under the laws of the United States and that would damage or injure Sub-Zero, Inc.; and (5) inducing, encouraging, instigating, aiding, abetting or contributing to any of the aforesaid acts. Defendants Sub Zero NY Refrigeration & Appliances Services Inc. and Nikki Grochowski are ordered to take all actions necessary to transfer own ership of the domain name www.subzerorefrigerationservice.com to Sub-Zero, Inc., and all internet service providers for Defendants shall take any actions necessary to effectuate that transfer. Defendants are further ordered to deliver to Plaintiff fo r destruction any and all advertisements (and the like) in their possession, or under their custody or control, that use the word mark "Sub-Zero" or the Sub-Zero logo in connection with the sale or provision of their services. The Clerk of the Court is directed to close this case. Any pending motions are moot. (Signed by Judge Kimba M. Wood on 4/1/2014) (ft)

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Plaintiff: Sub-Zero, Inc.
Represented By:	Andrew Baum
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