Foxmind Canada Enterprises Ltd. v. 1788 toy Store et al.

Justia Dockets & Filings Second Circuit New York Southern District Foxmind Canada Enterprises Ltd. v. 1788 toy Store et al.

Foxmind Canada Enterprises Ltd. v. 1788 toy Store et al.

Case Number:	1:2021cv05140
Filed:	January 27, 2023
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. § 1051 Trademark Infringement

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Date Filed	Document Text
February 2, 2023	Filing 44 AMENDED FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: 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 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 are awarded Fifty Thousand Dollars ($50,000.000) in statutory damages against each of the One Hundred and Four (104) Defaulting Defendants ("Defaulting Defendants' Indiv idual Damages Award") pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, for a total of Five Million Two Hundred Thousand Dollars ($5,200,000.00) plus post-judgment interest; IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendants, their respective officers, agents, servants, employees, and all persons acting in concert with or under the direction of Defaulting Defendants (regardless of whether located in the United States or abroad), who receive actu al notice of this Order are permanently enjoined and restrained from: and further set forth in this Order. Defaulting Defendants may, upon proper showing and two (2) business days written notice to the Court and Plaintiff's counsel, appear an d move for dissolution or modification of the provisions of this Order; Any failure by Defendants to comply with the terms of this Order shall be deemed contempt of Court, subjecting Defendants to contempt remedies to be determined by the Court, i ncluding fines and seizure of property; The Court releases the Five Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff submitted in connection with this action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, S uite 1250, New York, NY 10165; and This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order (Signed by Judge Katherine Polk Failla on 2/2/2023) (rro) Transmission to Finance Unit (Cashiers) for processing.
January 27, 2023	Filing 42 FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER 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 bot h 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 Co urt finds such an award to be reasonable and Plaintiff are awarded Fifty Thousand Dollars ($50,000.000) in statutory damages against each of the One Hundred and Four (104) Defaulting Defendants ("Defaulting Defendants' Individual Da mages Award") pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, for a total of Five Million Two Hundred Thousand Dollars ($5,200,000.00) plus post-judgment interest; IT IS FURTHER ORDERED, as sufficient cause has been shown , the 30 day automatic stay on enforcing Plaintiffs judgment, pursuant to Fed. R. Civ. Pro. 62(a) is hereby dissolved. The Court releases the Fifteen Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff submitted in connection with th is action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, Suite 1250, 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 Katherine Polk Failla on 1/27/2023) (jca) Transmission to Finance Unit (Cashiers) for processing.

Date Filed

Document Text

February 2, 2023

Filing 44 AMENDED FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: 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 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 are awarded Fifty Thousand Dollars ($50,000.000) in statutory damages against each of the One Hundred and Four (104) Defaulting Defendants ("Defaulting Defendants' Indiv idual Damages Award") pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, for a total of Five Million Two Hundred Thousand Dollars ($5,200,000.00) plus post-judgment interest; IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendants, their respective officers, agents, servants, employees, and all persons acting in concert with or under the direction of Defaulting Defendants (regardless of whether located in the United States or abroad), who receive actu al notice of this Order are permanently enjoined and restrained from: and further set forth in this Order. Defaulting Defendants may, upon proper showing and two (2) business days written notice to the Court and Plaintiff's counsel, appear an d move for dissolution or modification of the provisions of this Order; Any failure by Defendants to comply with the terms of this Order shall be deemed contempt of Court, subjecting Defendants to contempt remedies to be determined by the Court, i ncluding fines and seizure of property; The Court releases the Five Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff submitted in connection with this action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, S uite 1250, New York, NY 10165; and This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order (Signed by Judge Katherine Polk Failla on 2/2/2023) (rro) Transmission to Finance Unit (Cashiers) for processing.

January 27, 2023

Filing 42 FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER 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 bot h 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 Co urt finds such an award to be reasonable and Plaintiff are awarded Fifty Thousand Dollars ($50,000.000) in statutory damages against each of the One Hundred and Four (104) Defaulting Defendants ("Defaulting Defendants' Individual Da mages Award") pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, for a total of Five Million Two Hundred Thousand Dollars ($5,200,000.00) plus post-judgment interest; IT IS FURTHER ORDERED, as sufficient cause has been shown , the 30 day automatic stay on enforcing Plaintiffs judgment, pursuant to Fed. R. Civ. Pro. 62(a) is hereby dissolved. The Court releases the Fifteen Thousand U.S. Dollar ($5,000.00) security bond that Plaintiff submitted in connection with th is action to counsel for Plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, Suite 1250, 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 Katherine Polk Failla on 1/27/2023) (jca) Transmission to Finance Unit (Cashiers) for processing.

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