Alstar Marketing Group LLC. v. Leams babyshop. et al

Justia Dockets & Filings Second Circuit New York Southern District Alstar Marketing Group LLC. v. Leams babyshop. et al

Alstar Marketing Group LLC. v. Leams babyshop. et al

Case Number:	1:2019cv04211
Filed:	June 30, 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
July 1, 2020	Filing 77 SCHEDULING ORDER: The Court writes here to explain its decision to deny Plaintiff four components of the relief it sought in its proposed default judgment order. All other provisions as further set forth in this Order. So Ordered (Signed by Judge Katherine Polk Failla on 6/30/2020) (js)
June 30, 2020	Filing 75 FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: 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 bo th 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 C ourt finds such an award to be reasonable and Plaintiff is awarded Fifty Thousand Dollars ($50,000.00) ("Defaulting Defendants' Individual Damages Award") in statutory damages against each of the forty-three (43) Defaulting Def endants pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act for a total of Two Million One Hundred Fifty Thousand Dollars ($2,150,000.00) ("Defaulting Defendants' Collective Damages Award") and post-judgment interest. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendant, its respective officers, agents, servants, employees, successors and assigns and all persons acting in concert with or under the direction of Defaulting Defendants (regardle ss of whether located in the United States or abroad), who receive actual notice of this Order are permanently enjoined and restrained from: and further set forth in this Order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defaulting Defendant s 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 Magic Mesh Mark and Magic Mesh Works, or bear any marks or artwork that are confusingly or substantially similar to the Magic Mesh Mark and Magic Mesh Works pursuant to 15 U.S.C. § 1118. IT IS FURTHER ORDERED, as sufficient cause has been shown, that such alternative service by electronic means that was ordered in the TRO and PI Order, shall be deemed effective as to Defendan ts through the pendency of this action. Any failure by Defaulting Defendants to comply with the terms of this Order shall be deemed contempt of Court, subjecting Defaulting Defendants to contempt remedies to be determined by the Court, including f ines and seizure of property. 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. (Signed by Judge Katherine Polk Failla on 6/30/2020) (rro) Transmission to Finance Unit (Cashiers) for processing.

Date Filed

Document Text

July 1, 2020

Filing 77 SCHEDULING ORDER: The Court writes here to explain its decision to deny Plaintiff four components of the relief it sought in its proposed default judgment order. All other provisions as further set forth in this Order. So Ordered (Signed by Judge Katherine Polk Failla on 6/30/2020) (js)

June 30, 2020

Filing 75 FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: 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 bo th 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 C ourt finds such an award to be reasonable and Plaintiff is awarded Fifty Thousand Dollars ($50,000.00) ("Defaulting Defendants' Individual Damages Award") in statutory damages against each of the forty-three (43) Defaulting Def endants pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act for a total of Two Million One Hundred Fifty Thousand Dollars ($2,150,000.00) ("Defaulting Defendants' Collective Damages Award") and post-judgment interest. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendant, its respective officers, agents, servants, employees, successors and assigns and all persons acting in concert with or under the direction of Defaulting Defendants (regardle ss of whether located in the United States or abroad), who receive actual notice of this Order are permanently enjoined and restrained from: and further set forth in this Order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defaulting Defendant s 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 Magic Mesh Mark and Magic Mesh Works, or bear any marks or artwork that are confusingly or substantially similar to the Magic Mesh Mark and Magic Mesh Works pursuant to 15 U.S.C. § 1118. IT IS FURTHER ORDERED, as sufficient cause has been shown, that such alternative service by electronic means that was ordered in the TRO and PI Order, shall be deemed effective as to Defendan ts through the pendency of this action. Any failure by Defaulting Defendants to comply with the terms of this Order shall be deemed contempt of Court, subjecting Defaulting Defendants to contempt remedies to be determined by the Court, including f ines and seizure of property. 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. (Signed by Judge Katherine Polk Failla on 6/30/2020) (rro) Transmission to Finance Unit (Cashiers) for processing.

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