ABC v. DEF
| 1:2021cv02368 |
| April 8, 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
36
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: The Court, having considered the Memorandum of Law and Affidavit of Danielle (Yamali) Futterman in support of Plaintiffs' Motion for Default Judgment and a Permanent Injunctio n Against Defaulting 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 o n file in this action, it is hereby ORDERED, ADJUDGED AND DECREED as follows: Judgment is granted in favor of Plaintiffs on all claims properly pled against Defaulting Defendants in the Complaint; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that be cause it would serve both the compensatory and punitive purposes of the Lanham Act's prohibitions on willful infringement, and because Plaintiffs have sufficiently set forth the basis for the statutory damages aw ard requested in their Motion for Default Judgment, the Court finds such an award to be reasonable and Plaintiffs are awarded statutory damages against each of the Default Defendants pursuant to Section 15 U.S.C. § lll7(c) of the Lanham Act as f ollows ("Defaulting Defendants' Individual Damages Award"), plus post-judgment interest: as further set forth herein. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendant, its respective officers, agents, servants, employees, and all persons acting in concert with Defaulting Defendants who receive actual notice of this Order are permanently enjoined and restrained from: A. manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products; effecting assignments or transfers, forming new entities or associations, or creating and/or utilizing any other platform/device for the purposes of circum venting or otherwise avoiding the prohibitions set forth in this Order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defaulting Defendants must deliver up for destruction to Plaintiffs any and all Counterfeit Products and any and all p ackaging, labels, tags, advertising and promotional materials and any other materials in the possession, custody or control of Defaulting Defendants that infringe Plaintiffs' Goo Jit Zu Marks and/or Goo JitZu Work, or bear any marks an d/or artwork that are confusingly or substantially similar to the Goo Jit Zu Marks and/or Goo Jit Zu Work pursuant to 15 U.S.C. § 1l18: as further set forth herein. Any failure by Defaulting Defendants to comply with the terms of this Order may deemed contempt of Court subjecting Defaulting Defendants to contempt remedies to be determined by the Court. The Court releases the Ten Thousand U.S. Dollar ($10,000.00) security bond that Plaintiffs submitted in connection with th is 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. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/20/2021) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
22
PRELIMINARY INJUNCTION ORDER: Defendants and all persons in active concert and participation with them who receive actual notice of this Order are hereby restrained and enjoined from engaging in any of the following acts or omissions pending, the f inal determination of this action: i. manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products or any other products bearing the Goo Jit Zu Marks and/or Goo Jit Zu Works and/or marks or works that are confusingly or substantially similar to, identical to and constitute a counterfeiting and/or infringement of the Goo Jit Zu Marks and/or Goo Jit Zu Works; as further set forth in this Order. The $10,000 bond posted by Plaintiffs shall remain with the Court until a final disposition of this case or until this Order is te1minated. (Signed by Judge Lewis A. Kaplan on 7/1/2021) (cf)
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Filing
15
ORDER: The motion for a preliminary injunction is granted subject to submission of a satisfactory form of order. Plaintiffs shall submit a form of preliminary injunction on or before May 10, 2021. In addition, plaintiffs shall docket the original signed order to show cause by that date. (Signed by Judge Lewis A. Kaplan on 4/27/2021) (mro)
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Filing
4
ORDER: On March 18, 2021, plaintiffs moved ex parte for a temporary restraining order ("TRO") and an order to show cause why a preliminary injunction should not issue, among other relief. On March 31, 2021, the Court granted the TRO, s cheduled the order to show cause hearing for April 9, 2021, and ordered defendants to file any opposition to the issuance of a preliminary injunction by April 6, 2021. As of April 8, 2021 no such submissions have been made. Accordingly, the April 9 hearing is canceled and plaintiffs' request for a preliminary injunction will be considered on the submissions. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/8/2021) (jca)
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