AW Licensing, LLC et al. v. Wang Bao et al.
| AW Licensing, LLC and Alexander Wang |
| Xiao Chen, Linda Dahai, Zeng Zhao Hui, Rain, Phyllis Michael, Li Ning, Lin Xiao Lin, Suhadi Stev, Wang Bao and Donna Gerse |
| Sung Hwan Yannacci |
| 1:2015cv01373 |
| February 25, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine B. Forrest |
| Trademark |
| 15 U.S.C. ยง 1121 |
| None |
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Filing
64
MEMORANDUM OPINION & ORDER: For the foregoing reasons, damages in the amount of Ninety Million Dollars and no cents ($90,000,000.00) against all Defendants, jointly and severely, for willful counterfeiting and Eight Hundred Thousand Dollars and no cents ($800,000.00) against all Defendants, jointly and severely, for willful cybersquatting is hereby entered. The Clerk of Court is directed to terminate this matter. A default judgment with the damages amount will be entered separately from this opinion and order. (Signed by Judge Katherine B. Forrest on 8/2/2016) (kgo)
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Filing
60
REVISED OPINION & ORDER ON DEFAULT: The Clerk of Court having entered a Certificate of Default against Defendants on September 17, 2015 (ECF No. 50); and Alexander Wang having moved for final default judgment under Fed. R. Civ. P. 55(b) and the Cou rt having reviewed Plaintiffs' Memorandum of Law in Support of Plaintiffs' Application for a Default Judgment and Permanent Injunction, dated September 27, 2015, the Donoian Decl., and Alexander Wang having shown, inter alia, the follow ing: 1. Alexander Wang owns all right, title and interest in and to the ALEXANDER WANG Mark in connection with Alexander Wang Products and the ALEXANDER WANG Mark is valid, protectable and entitled to protection; and 2. The ALEXANDER WANG Mark is di stinctive and famous; and 3. Defendants are manufacturing, distributing, offering for sale and/or selling counterfeit products including, inter alia, handbags, footwear, apparel and accessories bearing counterfeits of the ALEXANDER WANG Mark (&q uot;Counterfeit Products") to buyers in the United States, including in this District; and 4. These counterfeit products are likely to cause consumers confusion as to the origin or sponsorship of the defendants' goods; and 5. Defendants ar e selling Counterfeit Products by operating a network of Infringing Websites, including, without limitation, domain names containing the ALEXANDER WANG Mark (the "Infringing Domain Names"); and 6. Defendants' Infringing Domain Name s are identical or confusingly similar to the ALEXANDER WANG Mark; and 7. Defendants registered, used, or trafficked in the Infringing Domain Names with bad faith intent to profit from the ALEXANDER WANG Mark; and 8. Defendants have sought to conceal their identities and their proceeds obtained from their unlawful action from detection including by using multiple false identities and addresses associated with their operations as purposely-deceptive contact information; and 9. Defendants have f ailed to comply with the TRO and PI Orders, the Court therefore: HEREBY FINDS that each Defendant is liable for federal trademark counterfeiting and infringement under 15 U.S.C. §§ 1114, 1117 and cybersquatting under 15 U.S.C. § 1125 (d)(1); and this Default Judgment is entered against each Defendant. A separate ruling on damages shall follow. (As further set forth in this Revised Opinion & Order on Default.) (Signed by Judge Katherine B. Forrest on 1/11/2016) Copies Sent By Chambers. (mro)
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