ABC v. DEF
| 1:2020cv10416 |
| January 12, 2021 |
| 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
44
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: Judgment is granted in favor of Plaintiff on all claims properly pleaded against Defaulting Defendants in the Complaint; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would ser ve 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 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 forty-three (43) Defaulting Defendants purs uant to Section 15 U.S.C. § 1117(c) of the Lanham Act, plus post- judgment interest, for a total of Two Million One Hundred Fifty Thousand Dollars ($2,150,000.00). The Court releases the Five Thousand U.S. Dollar ($5,000.00) securit y 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. (and as further set forth herein.) SO ORDERED. (Signed by Judge J. Paul Oetken on 12/3/2021) (jca)
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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 ALTE RNATIVE 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 show n, 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 furth er set forth 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 parties shall dial 1-888-557-8511, and enter passcode 9300838. 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 person 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 Plaintiffs ex parte Ap plication and the Declarations Morten 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.
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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)
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