Heron Preston S.r.l. v. Aida008, et al.
| 1:2019cv11331 |
| January 9, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Trademark |
| 15 U.S.C. ยง 1051 Trademark Infringement |
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Filing
53
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER It is hereby ORDERED, ADJUDGED AND DECREED as follows: Judgment is granted in favor of Plaintiff on all claims properly pled 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 $75,000.000 in statutory damages ("Individual Damages Award") against each and every Defaulting Defendant (a tot al of One Hundred Seventy-One (171)Defaulting Defendants) pursuant to 15 U.S.C. § 1117(c) of the Lanham Act for a total of Twelve Million Eight Hundred Twenty Five Thousand Dollars ($12,825,000.00), plus post-judgment interest. IT IS FUR THER ORDERED, as sufficient cause has been shown, the 30 day automatic stay on enforcing Plaintiffs' judgment, pursuant to Fed. R. Civ. Pro. 62(a) is hereby dissolved. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 1/9/2023) (jca)
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Filing
51
ORDER re: 50 Proposed Default Judgment filed by Heron Preston S.r.l.. The Court has reviewed Plaintiff's proposed default judgment filed on January 4, 2023. ECF No. 50. The Court shall not retain jurisdiction over this matter in the event that default judgment is entered against Defendants. See id. at 10. Accordingly, Plaintiff shall submit a revised proposed default judgment. SO ORDERED. (Signed by Judge Analisa Torres on 1/6/2023) (kv)
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Filing
49
ORDER re: 38 Proposed Order to Show Cause Without Emergency Relief filed by Heron Preston S.r.l.. For the reasons stated above, Plaintiff's motion for default judgment is GRANTED as to all Defendants except for Femmeclotheswardrobe, Se cretwomenclothes, and Xuehanhan, and DENIED without prejudice as to Femmeclotheswardrobe, Secretwomenclothes, and Xuehanhan. The Rule 62 stay of execution is DISSOLVED. Plaintiff is ORDERED to submit a revised Proposed Judgment reflecting the modifications described in this order. SO ORDERED. (Signed by Judge Analisa Torres on 12/30/2022) (kv)
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Filing
28
ORDER: On January 9, 2020, the Court granted Plaintiff's motion for a preliminary injunction. ECF No. 6. It is ORDERED that by September 25, 2020, Plaintiff shall file a letter reporting on the current status of its efforts to effect service, and its intentions with respect to the continuation of this action. SO ORDERED. (Signed by Judge Analisa Torres on 9/18/2020) (jca)
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Filing
25
ORDER: On March 20, 2020, Plaintiff filed a notice of voluntary dismissal as to Defendant Songqiaoling114. ECF No. 24. Accordingly, it is ORDERED that all claims against that Defendant are dismissed with prejudice. The Clerk of Court is directed to terminate Defendant Songqiaoling114 from the case. Songqiaoling114 terminated. (Signed by Judge Analisa Torres on 3/24/2020) (mro)
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Filing
6
PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this litigation, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of the Lanh am Act. Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or until further order of the Court: manufacturing, importing, exp orting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products or any other products bearing one or more of the Heron Preston Marks and/or marks that are confusingly s imilar to, identical to and constitute a counterfeiting and/or infringement of the Heron Preston Marks; as further set forth in this Order. Defendants are hereby given notice that they may be deemed to have actual notice of the terms of this Order a nd any act by them or anyone of them in violation of this Order may be considered and prosecuted as in contempt of this Court. This Order shall remain in effect during the pendency of this action, or until further order of the Court. Any Defendants that are subject to this Order may appear and move to dissolve or modify the Order on two (2) days' notice to Plaintiff or on shorter notice as set by the Court. (Signed by Judge Analisa Torres on 1/9/2020) (cf)
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Filing
5
ORDER WHEREAS the Court orders that this Action be unsealed and Records Management upload all documents filed to date on the Electronic Case Filing system.SO ORDERED. (Signed by Judge Analisa Torres on 1/9/20) (rz)
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