FOXMIND CANADA ENTERPRISES LTD. v. MAY BABY SUPPLIES STORE et al.

Justia Dockets & Filings Second Circuit New York Southern District FOXMIND CANADA ENTERPRISES LTD. v. MAY BABY SUPPLIES STORE et al.

FOXMIND CANADA ENTERPRISES LTD. v. MAY BABY SUPPLIES STORE et al.

Case Number:	1:2021cv05142
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 47 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 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 are awarded Fifty Thousand Dollars ($50,000.000) in statutory damages against each of the One Hundred Eleven (111) Defaulting Defendants ("Defaulting Defendants' Individual Dama ges Award") pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, for a total of Five Million Five Hundred Fifty Thousand Dollars ($5,500,000.00) plus post-judgment interest; 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; 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, including 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, 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. (Signed by Judge Katherine Polk Failla on 2/2/2023) (rro) Transmission to Finance Unit (Cashiers) for processing.
January 27, 2023	Filing 46 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 Cou rt 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 Eleven (111) Defaulting Defendants (Defaulting Defendants' Individual Damages Awa rd) pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, for a total of Five Million Five Hundred Fifty Thousand Dollars ($5,500,000.00) plus post-judgment interest; IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defen dants, 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 actual notice of this Order are permanently enjoined and restrained from: and further set forth in this Order. 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 dissolved. 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; The Court releases the Fifteen 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, Suite 1250, New York, NY 10165; and This Court shal l retain jurisdiction over this matter and the parties in order to construe and enforce this Order. METREON STORE, MEZOJAOIE OFFICIAL STORE, MEZOJAOIE STORE, MHW STORE, MINGXIJTS STORE, MJV TOY STORE, MOMMY & BABY SHOPPING STORE, MONTESSORI BABY S TORE, MORELOVE BABY STORE, MOTHER&BABY SUPPLIES DROPSHIPPING STORE, MUMMY BABY WORLD STORE, MUMMY BABY'S ROOM STORE, MURPGY TOY STORE, MUSTB TOY STORE, NEWFOUND TOY STORE, NEWLY DESIGN 77 STORE, NOT TOY STORE, ONIONS STORE, PLAYIN BLOCK STORE, PLEASURE TOY WORLD STORE, POP IT BASE STORE, POPCORN9, PURPLE KNIGHT STORE, QIUQIAN TOY STORE, QWZ FIRST TOY STORE, RAPIDEST DROPSHIPPING STORE, ROBOT STORE, SAFE-HEALTHY STORES STORE, SHINEYAL BABY STORE, SHOP1541226424 STORE, SHOP15692266 STORE, S HOP2660192 STORE, SHOP2944189 STORE, SHOP2963198 STORE, SHOP3090119 STORE, SHOP4375054 STORE, SHOP4693073 STORE, SHOP5005481 STORE, SHOP5021140 STORE, SHOP5028201 STORE, SHOP5132075 STORE, SHOP5426288 STORE, SHOP5435121 STORE, SHOP5576032 STORE, S HOP5598015 STORE, SHOP5789382 STORE, SHOP5881993 STORE, SHOP5888242 STORE, SHOP910341092 STORE, SHOP910369206 STORE, SHOP910821027 STORE, SHOP910954036 STORE, SHOP910959030 STORE, SHOP911125275 STORE, SHOP911131183 STORE, SHOP911233007 STORE, SHOP911 263181 STORE, SHOP911264336 STORE, SHOP911415377 STORE, SHOP911423157 STORE, SHOP911423320 STORE, SHOP911424269 STORE, SHOP911550186 STORE, SHOP911600245 STORE, SHOP911608529 STORE, SHOP911611496 STORE, SHOP911614247 STORE, SUMMER STYLE STORE, SUNVER Y STORE, TOPMASK STORE, TOTOPAI STORE, TOY DROPSHIP STORE, TOY FRIENDS STORE, TOY GRASS GARDEN STORE, TOY MEMORIES STORE, TOY ROOM STORE, TOY&KIDS STORE, TOYDEALIEXPRESS STORE, TOYDROPSHIP STORE, TOYDROPSHIPPING STORE, TOYFOND STORE, TOYUI STORE, TUO OWE TOY OFICCIAL STORE, TUOOWE TOY STORE, UYOUNTH STORE, VBATTY-TOY STORE, VBATTYASTORE STORE, VBATTYBVIP STORE, VBATTYCVIP STORE, VBATTYEVIP STORE, VBATTYFVIP STORE, VDGEHTEDYE STORE, VIP MEMBER STORE, WARM LIFE DEPARTMENT STORE, WEEKDAYTOYS STORE, WIGGLE BABY STORE, WISHA TOY OFFICIALFLAGSHIP STORE, WORLD AZZ STORE, WOTTLER TOYS-FACTORY STORE,, X&Z BABIES SHOP STORE, X-PRO STORE, XIAO BAO ZI STORE, XIXIAD STORE, XIYANGYANG STORE, YANUOTOYS STORE, YU-SHI TOY HOUSE STORE, ZG-DROPSHIPPING STORE, ZG-H STORE, MAY BABY SUPPLIES STORE and MEETS BABY STORE terminated. (Signed by Judge Katherine Polk Failla on 1/27/2023) (rro) Transmission to Finance Unit (Cashiers) for processing.

Date Filed

Document Text

February 2, 2023

Filing 47 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 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 are awarded Fifty Thousand Dollars ($50,000.000) in statutory damages against each of the One Hundred Eleven (111) Defaulting Defendants ("Defaulting Defendants' Individual Dama ges Award") pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, for a total of Five Million Five Hundred Fifty Thousand Dollars ($5,500,000.00) plus post-judgment interest; 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; 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, including 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, 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. (Signed by Judge Katherine Polk Failla on 2/2/2023) (rro) Transmission to Finance Unit (Cashiers) for processing.

January 27, 2023

Filing 46 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 Cou rt 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 Eleven (111) Defaulting Defendants (Defaulting Defendants' Individual Damages Awa rd) pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, for a total of Five Million Five Hundred Fifty Thousand Dollars ($5,500,000.00) plus post-judgment interest; IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defen dants, 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 actual notice of this Order are permanently enjoined and restrained from: and further set forth in this Order. 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 dissolved. 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; The Court releases the Fifteen 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, Suite 1250, New York, NY 10165; and This Court shal l retain jurisdiction over this matter and the parties in order to construe and enforce this Order. METREON STORE, MEZOJAOIE OFFICIAL STORE, MEZOJAOIE STORE, MHW STORE, MINGXIJTS STORE, MJV TOY STORE, MOMMY & BABY SHOPPING STORE, MONTESSORI BABY S TORE, MORELOVE BABY STORE, MOTHER&BABY SUPPLIES DROPSHIPPING STORE, MUMMY BABY WORLD STORE, MUMMY BABY'S ROOM STORE, MURPGY TOY STORE, MUSTB TOY STORE, NEWFOUND TOY STORE, NEWLY DESIGN 77 STORE, NOT TOY STORE, ONIONS STORE, PLAYIN BLOCK STORE, PLEASURE TOY WORLD STORE, POP IT BASE STORE, POPCORN9, PURPLE KNIGHT STORE, QIUQIAN TOY STORE, QWZ FIRST TOY STORE, RAPIDEST DROPSHIPPING STORE, ROBOT STORE, SAFE-HEALTHY STORES STORE, SHINEYAL BABY STORE, SHOP1541226424 STORE, SHOP15692266 STORE, S HOP2660192 STORE, SHOP2944189 STORE, SHOP2963198 STORE, SHOP3090119 STORE, SHOP4375054 STORE, SHOP4693073 STORE, SHOP5005481 STORE, SHOP5021140 STORE, SHOP5028201 STORE, SHOP5132075 STORE, SHOP5426288 STORE, SHOP5435121 STORE, SHOP5576032 STORE, S HOP5598015 STORE, SHOP5789382 STORE, SHOP5881993 STORE, SHOP5888242 STORE, SHOP910341092 STORE, SHOP910369206 STORE, SHOP910821027 STORE, SHOP910954036 STORE, SHOP910959030 STORE, SHOP911125275 STORE, SHOP911131183 STORE, SHOP911233007 STORE, SHOP911 263181 STORE, SHOP911264336 STORE, SHOP911415377 STORE, SHOP911423157 STORE, SHOP911423320 STORE, SHOP911424269 STORE, SHOP911550186 STORE, SHOP911600245 STORE, SHOP911608529 STORE, SHOP911611496 STORE, SHOP911614247 STORE, SUMMER STYLE STORE, SUNVER Y STORE, TOPMASK STORE, TOTOPAI STORE, TOY DROPSHIP STORE, TOY FRIENDS STORE, TOY GRASS GARDEN STORE, TOY MEMORIES STORE, TOY ROOM STORE, TOY&KIDS STORE, TOYDEALIEXPRESS STORE, TOYDROPSHIP STORE, TOYDROPSHIPPING STORE, TOYFOND STORE, TOYUI STORE, TUO OWE TOY OFICCIAL STORE, TUOOWE TOY STORE, UYOUNTH STORE, VBATTY-TOY STORE, VBATTYASTORE STORE, VBATTYBVIP STORE, VBATTYCVIP STORE, VBATTYEVIP STORE, VBATTYFVIP STORE, VDGEHTEDYE STORE, VIP MEMBER STORE, WARM LIFE DEPARTMENT STORE, WEEKDAYTOYS STORE, WIGGLE BABY STORE, WISHA TOY OFFICIALFLAGSHIP STORE, WORLD AZZ STORE, WOTTLER TOYS-FACTORY STORE,, X&Z BABIES SHOP STORE, X-PRO STORE, XIAO BAO ZI STORE, XIXIAD STORE, XIYANGYANG STORE, YANUOTOYS STORE, YU-SHI TOY HOUSE STORE, ZG-DROPSHIPPING STORE, ZG-H STORE, MAY BABY SUPPLIES STORE and MEETS BABY STORE terminated. (Signed by Judge Katherine Polk Failla on 1/27/2023) (rro) Transmission to Finance Unit (Cashiers) for processing.

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