Global Brand Holdings, LLC v. Accessories Direct International USA, Inc.
Global Brand Holdings, LLC |
Accessories Direct International USA, Inc. |
1:2017cv07137 |
September 19, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Lewis A. Kaplan |
Henry B. Pitman |
Trademark |
15 U.S.C. ยง 1051 |
Plaintiff |
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Filing 61 ORDER AND JUDGMENT: NOW THEREFORE, IT IS HEREBY: ORDERED AND ADJUDGED that Plaintiff Global Brand Holdings, LLC recover fromDefendant Accessories Direct International SA, Inc. judgment as follows: (a) $154,755.21 for damages on Plaintiffs breach of contract claim; (b) $97,075.00 for Plaintiff's attorneys' fees; (c) $400.00 in Plaintiff's costs; and (d) prejudgment interest of $47,767, representing interest in the amount of $37.00 per day from March 6, 2017 until the date of this Order and Judgment, for a total of $299,597.21. FURTHER ORDERED that Plaintiff's Global Brand Holdings, LLC First Claim for Relief for Trademark Infringement under 15 U.S.C. § 1114 Second Claim for Relief for Fa lse Designation of Origin under 15 U.S.C. § 1125(a), Third Claim for Relief for Trademark Infringement in Violation of New York State Common Law and Fifth Claim for Relief for Breach of the Duty of Good Faith and Fair Dealing in Violation of the Common Law of New York are hereby dismissed without prejudice. This constitutes the decision, judgment and order of this Court. The Clerk shall close the case. SO ORDERED AND ADJUDGED. (Signed by Judge Lewis A. Kaplan on 9/17/2020) (jca) |
Filing 58 ORDER for 57 REPORT AND RECOMMENDATIONS re: 1 Complaint filed by Global Brand Holdings, LLC. Magistrate Judge Sarah L. Cave issued a report and recommendation on May 29, 2020 [Dkt. 57] recommending that plaintiff be awarded "(1) damages on its breach of contract claim only in the amount of $154,755.21; (2) prejudgment interest in the amount of $37.00 per day from March 6, 2017 until the date the District Court enters judgment; (3) attorneys' fees in the amount of 036;97,075.00; and (4) costs in the amount of $400.00." Substantially for the reasons stated in the report and recommendation, to which no objection has been filed, plaintiff is awarded the specified damages, interest, attorneys' fees, and costs. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/4/2020) (jca) |
Filing 54 ORDER: Upon the parties' request for an extension of time, Defendant was ordered to respond to Plaintiff's proposed findings of fact and conclusions of law regarding damages by December 16, 2019. Defendant is directed to file a letter ex plaining its failure to comply with the Court's order by Monday, December 23, 2019. IF DEFENDANT (1) FAILS TO RESPOND TO PLAINTIFF'S SUBMISSIONS, OR (2) FAILS TO CONTACT MY CHAMBERS BY MONDAY, DECEMBER 23, 2019 AND REQUEST AN IN-COURT HEAR ING, I INTEND TO ISSUE A REPORT AND RECOMMENDATION CONCERNING DAMAGES BASED ON PLAINTIFF'S WRITTEN SUBMISSIONS ALONE WITHOUT AN IN-COURT HEARING. See Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 19 97) ("'[I]t [is] not necessary for the District Court to hold a hearing, as long as it ensured that there was a basis for the damages specified in a default judgment.'" (quoting Fustok v. ContiCommodity Services Inc., 873 F.2d 38, 40 (2d Cir. 1989))). SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/17/2019) (jca) |
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Plaintiff: Global Brand Holdings, LLC | |
Represented By: | Marc P. Misthal |
Represented By: | Jonathan Marc Purow |
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Defendant: Accessories Direct International USA, Inc. | |
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