MATTEL, INC. v. 1622758984, et al.

MATTEL, INC. v. 1622758984, et al.

Case Number:	1:2018cv08821
Filed:	May 31, 2020
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1051 Trademark Infringement

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Date Filed	Document Text
May 31, 2020	Filing 62 OPINION & ORDER re: 55 MOTION for Default Judgment as to Defaulting Defendants filed by MATTEL, INC. For the foregoing reasons, Plaintiff's motion for entry of default judgment is GRANTED as to defaulting Defendants' l iability for (1) trademark counterfeiting under the Lanham Act; (2) trademark infringement under the Lanham Act; (3) false designation of origin, passing off, and unfair competition under the Lanham Act; (4) copyright infringement; and (5) common law unfair competition. Plaintiff's requests for a permanent injunction and statutory damages are also approved. The Court grants Plaintiff relief under N.Y. C.P.L.R § 5222 and dissolves the automatic stay imposed by Rule 62 to allow for immediate enforcement of the judgment. The Court declines to enter an asset transfer order. The Court will enter a revised version of Plaintiff's proposed judgment by separate order. The Clerk of Court is respectfully directed to close this case. This resolves Docket Number 55. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/31/2020) (rro) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

May 31, 2020

Filing 62 OPINION & ORDER re: 55 MOTION for Default Judgment as to Defaulting Defendants filed by MATTEL, INC. For the foregoing reasons, Plaintiff's motion for entry of default judgment is GRANTED as to defaulting Defendants' l iability for (1) trademark counterfeiting under the Lanham Act; (2) trademark infringement under the Lanham Act; (3) false designation of origin, passing off, and unfair competition under the Lanham Act; (4) copyright infringement; and (5) common law unfair competition. Plaintiff's requests for a permanent injunction and statutory damages are also approved. The Court grants Plaintiff relief under N.Y. C.P.L.R § 5222 and dissolves the automatic stay imposed by Rule 62 to allow for immediate enforcement of the judgment. The Court declines to enter an asset transfer order. The Court will enter a revised version of Plaintiff's proposed judgment by separate order. The Clerk of Court is respectfully directed to close this case. This resolves Docket Number 55. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/31/2020) (rro) Transmission to Orders and Judgments Clerk for processing.

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