Off-White LLC v. Abbyfashion Store et al
Case Number: 1:2021cv01785
Filed: March 22, 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
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Date Filed Document Text
July 7, 2022 Opinion or Order Filing 61 FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: The Court, having considered the Memorandum of Law, Affidavits of Danielle (Yamali) Futterman and Jason M. Drangel in support of Plaintiff's Motion for Default Judgment and a Permanent I njunction Against Defaulting Defendant, the Certificate 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 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 wou ld 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 award requested in its Motion for Default Judgmen t, the Court finds such an award to be reasonable and Plaintiff is awarded statutory damages in the amount of $75,000.00 ("Defaulting Defendants' Individual Damages Award") against each of the seventy-two (72) Defaulting Defendant s pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, for a total of Five Million Four Hundred Thousand Dollars ($5,400,000.00), plus post-judgment interest. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendants, t heir respective officers, agents, servants, employees, and all persons acting in active 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 Ord er are permanently enjoined and restrained from: as further set forth herein. IT IS FURTHER ORDERED, as sufficient cause has been shown, the 30 day automatic stay on enforcing Plaintiff's judgment, pursuant to Fed. R. Civ. Pro. 62(a) is hereby d issolved. Defaulting Defendants may, upon proper showing and two (2) business days written notice to the Court and Plaintiff's counsel, appear and move for dissolution or modification of the provisions of this Order concerning the restriction o r restraint of Defaulting Defendants' Frozen Assets and/or Defaulting Defendants' Financial Accounts; 2) Any failure by Defaulting Defendants to comply with the terms of this Order shall be deemed contempt of Court, subjecting Defaulting De fendants to contempt remedies to be determined by the Court, including fines and seizure of property; 3) 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 4) This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order. SO ORDERED. (Signed by Judge Analisa Torres on 7/7/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.
May 5, 2022 Opinion or Order Filing 55 ORDER re: 54 Affidavit in Support, filed by Off-White LLC. The Court has reviewed the affidavit of Jason M. Drangel. ECF No. 54. Plaintiff shall submit an affidavit or declaration of an individual with personal knowledge in accordance with Attachment A to the Courts Individual Practices in Civil Cases. Although Mr. Abloh may have had the most knowledge of Off-White LLC's interest in the marks and, therefore, the damages suffered, if Off-White LLC still has an interest in the mark , an individual with knowledge of that interest who is not the attorney in this action must submit an affidavit or declaration. Absent such an affidavit or declaration, the Court will not be able to determine the damage cause by the allege infringement in this action, and will not award statutory damages above the minimum, if at all. Accordingly, by May 13, 2022, Plaintiff shall file such an affidavit or declaration. SO ORDERED. (Signed by Judge Analisa Torres on 5/5/2022) (kv)
April 28, 2022 Opinion or Order Filing 52 ORDER: On January 31, 2022, Plaintiff moved by order to show cause for default judgment against Defendants. ECF No. 48. In support, Plaintiff submitted an affidavit by its counsel, Danielle (Yamali) Futterman, with accompanying exhibits, a memor andum of law, and a proposed default judgment. ECF Nos. 49-51. However, Plaintiff did not file "[a]n affidavit or declaration signed by a party with personal knowledge (i.e., not the attorney in the action except in limited circumstances), w hich sets forth a statement of proposed damages and the basis for each element of damages, including a step-by-step explanation of each calculation" as required by Attachment A to the Court's Individual Practices in Civil Cases. Accordingly, by May 6, 2022, Plaintiff shall file such an affidavit or declaration. SO ORDERED. (Signed by Judge Analisa Torres on 4/28/2022) (vfr)
November 18, 2021 Opinion or Order Filing 41 ORDER: On April 1, 2021, the Court granted Plaintiff's motion for a preliminary injunction. ECF No. 32. By November 30, 2021, Plaintiff shall file a letter on its intentions with respect to the continuation of this action. (Signed by Judge Analisa Torres on 11/18/2021) (ate)
April 1, 2021 Opinion or Order Filing 32 PRELIMINARY INJUNCTION: 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 Lanham Act . a) 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: as further set forth herein. Acco rdingly, the Third Party Service Providers and Financial Institutions 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. Within fourteen (14) days of receipt of service of this Order, the Third Party Service Providers shall provide to Plaintiff's counsel all documents and records in its possession, custody or control (whether located in the U.S. or abroad) relating to Defendants' User Accounts and Defendants' Merchant Storefronts, including, but not limited to, documents and records relating to: as further set forth herein. Defendants are hereby given notice that they may be deemed to have a ctual notice of the terms of this Order and any act by them or anyone of them in violation of this Order may be considered and prosecuted as in contempt of this Court. The $5,000.00 bond posted by Plaintiff shall remain with the Court until a fi nal disposition of this case or until this Order is terminated. 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. SO ORDERED. (Signed by Judge Analisa Torres on 4/1/2021 at 2:00pm.) (kv) Transmission to Finance Unit (Cashiers) for processing. Modified on 4/1/2021 (kv).
March 31, 2021 Opinion or Order Filing 31 ORDER: A hearing is scheduled in this matter for April 1, 2021, at 1:00 p.m. As stated in the Court's March 2, 2021 order, ECF No. 21 § II.A, the public may access audio of the hearing by dialing (888) 398-2342 or (215) 861-0674 and entering conference ID number 5598827. SO ORDERED. (Signed by Judge Analisa Torres on 3/31/2021) (kv)
March 22, 2021 Opinion or Order Filing 7 ORDER, On March 5, 2021, the Court ordered that Defendants appear on March 23, 2021, at 3:00 p.m., to show cause why a preliminary injunction should not issue. The Court finds good cause to ADJOURN the hearing scheduled for March 23, 2021, to Apr il 1, 2021, at 1:00 p.m. By March 26, 2021, Defendants shall file any opposing papers. By March 29, 2021, Plaintiff shall file any reply. Pursuant to Federal Rule of Civil Procedure 65(b)(2), the TRO is extended to April 1, 2021. Good cause exists fo r an extension, because adjourning the preliminary injunction hearing is necessary to ensure Defendants are afforded adequate notice, and continued restraint of Defendants and third parties in the interim period is necessary to protect Plaintiff' ;s rights against the irreparable harms demonstrated in its TRO application. By March 23, 2021, Plaintiff shall serve this order on Defendants using the same methods authorized by the TRO. By March 26, 2021, Plaintiff shall provide the Court with proof of service. SO ORDERED. (Show Cause Hearing set for 4/1/2021 at 01:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 3/22/2021) (kv)
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