Moonbug Entertainment Limited v. 6383702 et al.
Case Number: 1:2021cv04311
Filed: June 21, 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 13, 2022 Opinion or Order Filing 40 ORDER for 39 Report and Recommendations,,, For the reasons stated above, the R&R is adopted in its entirety and Plaintiff is awarded $50,000 in statutory damages against each Defaulting Defendant. Post-judgment interest is awarded usin g the federal rate set forth in 28 U.S.C. § 1961, calculated from the date the Clerk of Court enters judgment in this action until the date of payment. Plaintiff may serve asset restraining order notices pursuant to N.Y. C.P.L.R. § 5222 , and the 30-day stay that would otherwise delay Plaintiffs ability to serve the notices is hereby dissolved. The Clerk of Court is directed to enter judgment, and to close this case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/13/2022) (ks) Transmission to Orders and Judgments Clerk for processing.
May 16, 2022 Opinion or Order Filing 38 ORDER: In light of briefing and declarations previously submitted in support of earlier applications in this case, the order at Dkt. 37 is vacated, and Plaintiff need not submit additional inquest material unless and until the Court requests any. (Signed by Magistrate Judge Robert W. Lehrburger on 5/16/2022) (rro)
May 9, 2022 Opinion or Order Filing 37 ORDER: Accordingly: 1. Required Submission: Plaintiff shall serve Defendants in the manner set forth in paragraph 7 below and file Proposed Findings of Fact and Conclusions of Law concerning all damages and any other monetary relief permitted unde r the entry of default judgment no later than June 6, 2022. Plaintiff shall include with such service a copy of this Order. The submission shall contain a concluding paragraph that succinctly summarizes what damage amount (or other monetary relief) is being sought, including the exact dollar amount, as further set forth herein. (Signed by Magistrate Judge Robert W. Lehrburger on 5/9/2022) (mml)
May 6, 2022 Opinion or Order Filing 36 ORDER: It is hereby ORDERED as follows: I. PERMANENT INJUNCTION 1) Defaulting Defendants, their respective officers, agents, servants, employees, and all persons acting in concert with or under the direction of Defaulting Defendants (regardless of whetherlocated in the United States or abroad) who receive actual notice of this Order are permanentlyenjoined and restrained from:A. manufacturing, impo1ting, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale , selling, and/or otherwise dealing in Counterfeit Products or any other products bearing the Blippi Marks and/or marks that are confusingly similar to, identical to, and constitute a counterfeiting and/or infringement of the Blippi Marks; B. dire ctly or indirectly infringing in any manner any of Plaintiff's Blippi Marks; C. using any reproduction, counterfeit, copy, or colorable imitation of Plaintiffs Blippi Marks to identify any goods or services not authorized by Plaintiff; D. using any of Plaintiffs Blippi Marks, or any other marks that are confusingly similar to the Blippi Marks on or in connection with the manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, sell ing, and/or otherwise dealing in the Counterfeit Products; E. secreting, concealing, destroying, altering, selling off, transferring, or otherwise disposing of and/or dealing with: (i) Counterfeit Products; or (ii) any computer files, data, business records, documents, or any other records or evidence relating to: 1. Defaulting Defendants' User Accounts and/or Merchant Storefronts; ii. Defaulting Defendants' Assets; and m. the manufacture, importation, exportation, advertising, marketi ng, promotion,distribution, display, offering for sale, and/or sale of Counterfeit Products byDefaulting Defendants and by their respective officers, employees, agents,servants, and all persons in active concert or participation with any of them; and F. effecting assignments or transfers, forming new entities or associations, or creating and/or utilizing any other platform, User Accounts, Merchant Storefronts, or any other means of imp01iation, exportation, advertising, marketing, promotion, d istribution, display, offering for sale, and/or sale of Counterfeit Products for the purposes of circumventing or otherwise avoiding the prohibitions set forth in this Order. 2) IT IS FURTHER ORDERED that Defaulting Defendants must deliver up for de struction to Plaintiff any and all Counterfeit Products and any and all packaging, labels, tags, advertising and promotional materials, and any other materials in the possession, custody, or control of Defaulting Defendants that infringe any of Pla intiffs trademarks, copyrights, or other rights including, without limitation, the Blippi Marks, or bear any marks that are confusingly similar to the Blippi Marks pursuant to 15 U.S.C. § 1118. II. MISCELLANEOUS RELIEF 1) Any failure by Default ing Defendants to comply with the terms of this Order shall be deemed contempt of Court, subjecting Defaulting Defendants to contempt remedies to be determined by the Court, including fines and seizure of property. 2) This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/6/2022) (ks)
November 12, 2021 Opinion or Order Filing 19 ORDER: Accordingly, by November 26, 2021, Plaintiff will move for a default judgment as to the remaining Defendants or show cause why this action should not be dismissed for failure to prosecute. Any application for a default judgment must comply with this Court's Individual Rules of Practice for Civil Cases. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/12/2021) ( Motions due by 11/26/2021.) (ks)
June 21, 2021 Opinion or Order Filing 3 ORDER TO UNSEAL All Defendants in this action having been served, the Clerk of Court is respectfully directed to unseal this case and post all papers filed prior to this Order on the Courts Electronic Case Filing system. SO ORDERED. (Signed by Judge Paul G. Gardephe on 06/21/2021) (nmo)
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