Nespresso USA, Inc. v. Africa America Coffee Trading Co. LLC

Justia Dockets & Filings Second Circuit New York Southern District Nespresso USA, Inc. v. Africa America Coffee Trading Co. LLC

Nespresso USA, Inc. v. Africa America Coffee Trading Co. LLC

Plaintiff:	Nespresso USA, Inc.
Defendant:	Africa America Coffee Trading Co. LLC
Case Number:	1:2015cv05553
Filed:	July 16, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Laura Taylor Swain
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1114
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 2, 2016	Filing 29 MEMORANDUM OPINION AND ORDER re: 21 MOTION for Default Judgment as to Africa America Coffee Trading Co. LLC D/B/A Libretto filed by Nespresso USA, Inc.: For the foregoing reasons, Nespresso's motion for default judgment is granted in part and denied in part. The Court denies Nespresso's motion with respect to its Second Cause of Action for false designation or origin pursuant to 15 U.S.C. § 1125(d). The motion is granted in all other respects, and the Court grants Nespresso the relief it seeks in the form of an Order: (1) permanently enjoining Defendant Libretto, its agents, servants, employees, officers and all persons in active concern and participation with them: (a) from using the Nespresso Marks (as defined in the Complaint) or any marks similar thereto in connection with the manufacture, distribution, advertising for sale, promotion or sale of any unauthorized goods or services, including the manufacture, distribution, advertisement , promotion, holding for sale or selling of the Libretto Capsules (as defined in the Complaint) and in the meta tags of any websites dedicated to the same (including <librettoespresso.com>); (b) from using the Nespresso Trade Dress (as defin ed in the Complaint) or any trade dress similar thereto in connection with the manufacture, distribution, advertising for sale, promotion or sale of any unauthorized goods or services, including the manufacture, distribution, advertisement, promoti on, holding for sale or selling of the Libretto Capsules; (c) from using any logo, trade name, trademark or trade dress which may be calculated to falsely represent or which has the effect of falsely representing that the services or products of L ibretto are sponsored by, authorized by or in any way associated with the Plaintiff Nespresso or the Nespresso brand; (d) from infringing Plaintiff Nespresso's exclusively licensed trademarks and trade dress; and (e) from falsely representing themselves as being connected with, sponsored by or associated with Plaintiff Nespresso or the Nespresso brand; (2) ordering the destruction of all unauthorized goods, bearing any copy or colorable imitation of the Nespresso Marks or the Nespress o Trade Dress, including the Libretto Capsules; (3) finding that, by the acts complained of by Nespresso as set forth in the Complaint, Defendant Libretto has infringed Nespresso's exclusively licensed federally registered trademarks in violat ion of 15 U.S.C. § 1114; (4) finding that, by the acts complained of by Nespresso as set forth in the Complaint, Defendant Libretto has created a false designation of origin and false representation of association and has infringed the Nespress o Marks and the Nespresso Trade Dress in violation of 15 U.S.C. § 1125(a); and (5) finding that, the acts complained of by Nespresso as set forth in the complaint, constitute willful infringement of the Nespresso Marks and the Nespresso Trade Dress. The Court will sign and enter the Proposed Default Judgment (see Docket Entry No. 22-4) concurrently with the filing of this Memorandum Opinion and Order. This Memorandum Opinion and Order resolves Docket Entry Number 21. The Clerk of Court is respectfully requested to enter judgment in Plaintiff's favor and close this case. (Signed by Judge Laura Taylor Swain on 6/2/2016) (tn)

Date Filed

Document Text

June 2, 2016

Filing 29 MEMORANDUM OPINION AND ORDER re: 21 MOTION for Default Judgment as to Africa America Coffee Trading Co. LLC D/B/A Libretto filed by Nespresso USA, Inc.: For the foregoing reasons, Nespresso's motion for default judgment is granted in part and denied in part. The Court denies Nespresso's motion with respect to its Second Cause of Action for false designation or origin pursuant to 15 U.S.C. § 1125(d). The motion is granted in all other respects, and the Court grants Nespresso the relief it seeks in the form of an Order: (1) permanently enjoining Defendant Libretto, its agents, servants, employees, officers and all persons in active concern and participation with them: (a) from using the Nespresso Marks (as defined in the Complaint) or any marks similar thereto in connection with the manufacture, distribution, advertising for sale, promotion or sale of any unauthorized goods or services, including the manufacture, distribution, advertisement , promotion, holding for sale or selling of the Libretto Capsules (as defined in the Complaint) and in the meta tags of any websites dedicated to the same (including <librettoespresso.com>); (b) from using the Nespresso Trade Dress (as defin ed in the Complaint) or any trade dress similar thereto in connection with the manufacture, distribution, advertising for sale, promotion or sale of any unauthorized goods or services, including the manufacture, distribution, advertisement, promoti on, holding for sale or selling of the Libretto Capsules; (c) from using any logo, trade name, trademark or trade dress which may be calculated to falsely represent or which has the effect of falsely representing that the services or products of L ibretto are sponsored by, authorized by or in any way associated with the Plaintiff Nespresso or the Nespresso brand; (d) from infringing Plaintiff Nespresso's exclusively licensed trademarks and trade dress; and (e) from falsely representing themselves as being connected with, sponsored by or associated with Plaintiff Nespresso or the Nespresso brand; (2) ordering the destruction of all unauthorized goods, bearing any copy or colorable imitation of the Nespresso Marks or the Nespress o Trade Dress, including the Libretto Capsules; (3) finding that, by the acts complained of by Nespresso as set forth in the Complaint, Defendant Libretto has infringed Nespresso's exclusively licensed federally registered trademarks in violat ion of 15 U.S.C. § 1114; (4) finding that, by the acts complained of by Nespresso as set forth in the Complaint, Defendant Libretto has created a false designation of origin and false representation of association and has infringed the Nespress o Marks and the Nespresso Trade Dress in violation of 15 U.S.C. § 1125(a); and (5) finding that, the acts complained of by Nespresso as set forth in the complaint, constitute willful infringement of the Nespresso Marks and the Nespresso Trade Dress. The Court will sign and enter the Proposed Default Judgment (see Docket Entry No. 22-4) concurrently with the filing of this Memorandum Opinion and Order. This Memorandum Opinion and Order resolves Docket Entry Number 21. The Clerk of Court is respectfully requested to enter judgment in Plaintiff's favor and close this case. (Signed by Judge Laura Taylor Swain on 6/2/2016) (tn)

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Plaintiff: Nespresso USA, Inc.
Represented By:	A. John P. Mancini
Represented By:	Kristine Young
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Defendant: Africa America Coffee Trading Co. LLC
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