Bang & Olufsen A/S v. AR Electrics Store et al.
Case Number: 1:2020cv10411
Filed: January 12, 2021
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
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 28, 2022 Opinion or Order Filing 29 FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: The Court, having considered the Memorandum of Law and Affidavit of Danielle (Yamali) Futterman in support of Plaintiff's Motion for Default Judgment and a Permanent Injunction Against D efaulting 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, i t 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 b oth 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 Court finds such an award to be reasonable and Plaintiff is awarded statutory damages in the amount of $50,000.00 ("Defaulting Defendants' Individual Damages Award") against each of the seventeen (17) Defaulting Defendants pu rsuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, plus post-judgment interest, for a total of Eight Hundred Fifty Thousand Dollars ($850,000.00); IT IS FURTHER ORDERED, as sufficient cause has been shown, the 30 day automatic st ay on enforcing Plaintiff's judgment, pursuant to Fed. R. Civ. Pro. 62(a) is hereby dissolved. The Court releases the Five Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff submitted in connection with this action to counse l 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. AR Electrics Store, D oneway 3C Store, GLICHIFIT Store, LICHIFIT Electrics Store, LICHIFITZ6H Electrics Store, LICHIMSK Electrics Store, Shenzhen Welldy Technology Co., Ltd., Shop5837234 Store, Shop5839201 Store, Shop5840211 Store, Shop910962005 Store, The World Online Store, USA Compass 3 store Store, USA Compass Intelligent Product Store, ZKLICHIFIT Store, and BA Electrics Store terminated. (Signed by Judge J. Paul Oetken on 3/28/2022) (ate) Transmission to Finance Unit (Cashiers) for processing.
January 21, 2021 Opinion or Order Filing 15 1) TEMPORARY RESTRAINING ORDER; 2) ORDER RESTRAINING MERCHANT STOREFRONTS AND DEFENDANTS' ASSETS WITH THE FINANCIAL INSTITUTIONS; 3) ORDER TO SHOWCAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 4) ORDER AUTHORIZING BIFURCATED AND ALTERNATI VE SERVICE; AND 5) ORDER AUTHORIZING EXPEDITED DISCOVERY: Based on the foregoing findings of fact and conclusions of law, Plaintiff's Application is hereby GRANTED as follows: IT IS HEREBY ORDERED, as sufficient cause has been shown, that Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions for fourteen (14) days from the date of this Order, and for such further period as may be provided by order of this Court as further set fort h in this Order. Defendants are hereby ORDERED to show cause before this Court why a preliminary injunction pursuant to Fed. R. Civ. P. 65(a) should not issue, at a telephone hearing on January 6, 2021, at 12:00 p.m. New York time. To participate in the hearing, parties shall dial 1-888-557-8511, and enter passcode 9300838. B. IT IS FURTHER ORDERED that opposing papers, if any, shall be sent to the Court by email at OetkenNYSDChambers@nysd.uscourts.gov, filed electronically on ECF, and served on Plaintiff's counsel by delivering copies thereof to the office of Epstein Drangel LLP at 60 East 42nd Street, Suite 2520, New York, NY 10165, Attn: Jason M. Drangel on or before December 31, 2020. Plaintiff may file any Reply paper s on or before January 5, 2021. As further set forth in this Order. IT IS FURTHER ORDERED that Plaintiff shall place security in the amount of $5000 with the Court which amount is determined adequate for the payment of any damages any perso n may be entitled to recover as a result of an improper or wrongful restraint ordered hereunder. IT IS FURTHER ORDERED that Plaintiff's Complaint and exhibits attached thereto, and Plaintiff's ex parte Application and the Declarations M orten Serup and Jason M. Drangel in support thereof and exhibits attached thereto and this Order shall remain sealed until the Financial Institutions and Third Party Service Providers comply with Paragraphs I(B)-(C), III(A) and V(C) of this Order. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/21/2020) (ks) Transmission to Finance Unit (Cashiers) for processing. Modified on 1/22/2021 (ks).
January 12, 2021 Opinion or Order Filing 3 ORDER. On January 6, 2021, Plaintiff informed the Court that each of Defendants has been served and that this case may be unsealed. Accordingly, the Clerk is directed to unseal this case; the Court will unseal its Orders of December 21, 2020, and January 11, 2021, and file them on the public docket; and Plaintiff shall publicly file the supporting documents for the Orders.SO ORDERED.(Signed by Judge J. Paul Oetken on 01/12/2021)(jus)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Bang & Olufsen A/S v. AR Electrics Store et al.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?