Ideavillage Products Corp. v. OhmyGod 1 et al.
Case Number: 1:2018cv09999
Filed: May 8, 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. ยง 1051 Trademark Infringement
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Date Filed Document Text
February 16, 2021 Opinion or Order Filing 85 FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: The Court, having considered the Memorandum of Law and Affidavit of Brieanne Scully in support of Plaintiff's Motion for Default Judgment and a Permanent Injunction Against Defaulti ng Defendant, the Certificates of Service of the Summons and Complaint, the Certificate of the Clerk of the Court stating that no answer has been filed in the instant action, and upon all other pleadings and papers on file in this action, it is h ereby ORDERED, ADJUDGED AND DECREED as follows: 1) Judgment is granted in favor of Plaintiff on all claims properly plead against DefaultingDefendants in the Complaint; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve bot h the compensatory and punitive purposes of the Lanham Act's prohibitions on willful infringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages award requested in its Motion for Default Judgment, the Cour t finds such an award to be reasonable and Plaintiff is awarded statutory damages against each of the Defaulting Defendants pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act as follows ("Defaulting Defendants' Individual Damages Award"), plus post-judgment interest calculated pursuant to the statutory rate, in the amount of fifty thousand dollars ($50,000.00) against each of the sixty-seven (67) Defaulting Defendants pursuant to Section 15 U.S.C. &# 167; 1117(c) of the Lanham Act for a total of $3,350,000.00 (Three Million Three Hundred Fifty Thousand Dollars). 2) IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendant, its respective officers, agents, servants, emplo yees, successors and assigns and all persons acting in concert with or under the direction of Defaulting Defendants (regardless of whether located in the United States or abroad), who receive actual notice of this Order are permanently enjoined and restrained from: (As further set forth.) The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/16/2021) (va)
December 2, 2020 Opinion or Order Filing 81 ORDER: Plaintiff Ideavillage Products Corp. brought this action against Defendants for selling counterfeit versions of its hair-removal products in infringement of its trademarks and copyrights. On November 17, 2020, the Court granted Plaintiff' ;s motion for default judgment against all remaining Defendants except slde, superboxi, Terry is World, and YouMengGo, who had not yet been served with the Courts order regarding default. The Court ordered Plaintiff to advise the Court by December 1, 2020 whether it seeks to further litigate the claims against those four defendants. The Court has not since received any response from Plaintiff. No later than December 16, 2020, the parties shall file the requested letter. If, however, Plaintiff does not respond to this Order, the Court may dismiss this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Ronnie Abrams on 12/2/2020) (kv)
November 17, 2020 Opinion or Order Filing 80 FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER. It is hereby ORDERED, ADJUDGED ANDDECREED as follows: Judgment is granted in favor of Plaintiff on all claims properly plead against Defaulting Defendants in the Complaint; IT IS FURTHER ORDERED , ADJUDGED AND DECREED that because it would serve both the compensatory and punitive purposes of the Lanham Act's prohibitions on willful infringement, and because Plaintiff has sufficiently set forth the basis for the statutory damages awar d requested in its Motion for Default Judgment, the Court finds such an award to be reasonable and Plaintiff is awarded statutory damages against each of the Defaulting Defendants pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act as fo llows ("Defaulting Defendants' Individual Damages Award"), plus post-judgment interest calculated pursuant to the statutory rate, in the amount of fifty thousand dollars ($50,000.00) against each of the sixty-seven (67) Defaul ting Defendants pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act for a total of $3,350,000.00 (Three Million Three Hundred Fifty Thousand Dollars). IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendant, its respec tive officers, agents, servants, employees, successors and assigns and all persons acting in concert with or under the direction of Defaulting Defendants (regardless of whether located in the United States or abroad), who receive actual notice of t his Order are permanently enjoined and restrained from as further set forth in this Judgment. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defaulting Defendants must deliver up for destruction to Plaintiff any and all Counterfeit Products and any and all packaging, labels, tags, advertising and promotional materials and any other materials in the possession, custody or control of Defaulting Defendants that infringe any of Plaintiff's trademarks, copyrights or other rights including , without limitation, the Touch Marks and Touch Works, or bear any marks or artwork that are confusingly or substantially similar to the Touch Marks and Touch Works pursuant to 15 U.S.C. § 1118; IT IS FURTHER ORDERED, ADJUDGED AND DECREED tha t the Third Party Service Providers and Financial Institutions are permanently enjoined and restrained from as further set forth in this Judgment. IT IS FURTHER ORDERED, as sufficient cause has been shown, that the Defendants are forbidden to make or suffer any sale, assignment, transfer or interference with any property in which they have an interest, except as set forth in subdivisions (h) and (i) of Section 5222 of the CPLR, for a thirty (30) day period after the entry of this Order. IT I S FURTHER ORDERED, ADJUDGED AND DECREED that in accordance with Rule 64, Rule 65, 15 U.S.C. § 1116(a) and this Courts inherent equitable powers to issue remedies ancillary to its authority to provide final relief, and given the difficulties P laintiff would have enforcing this Order, the Court also hereby grants Plaintiff's request for a post-judgment restraining order continuing the attachment of each Defaulting Defendants' Frozen Assets until Plaintiff has recovered the full payment of Defaulting Defendants' Individual Damages Awards owed to it by that Defaulting Defendants under this Order, or until further order of this Court; and The Court releases the Five Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff submitted in connection with this action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, Suite 2520, New York, NY 10165; and This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/17/20) (yv) Transmission to Finance Unit (Cashiers) for processing.
May 8, 2020 Opinion or Order Filing 75 ORDER: Upon consideration of these documents and the supporting Declaration of Brieanne Scully, Dkt. 71, ORDERED that Plaintiff shall serve a copy of the motion for default judgment, any supporting papers, and this Order by May 29, 2020 on the Defendants by the methods described in Rule 4 of the Federal Rules of Civil Procedure. Plaintiff shall file proof of service of these documents with the Court. IT IS FURTHER ORDERED that answering papers, if any, should be served upon Plaintiff by June 12, 2020. In light of the COVID-19 crisis, the Court will not have a conference and will instead resolve this matter on the papers. If Defendants fail to file answering papers on Plaintiff by June 12, 2020, or fail to request an extension to do so, judgment may be entered for Plaintiff. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/8/2020) (ks)
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