ABC v. DEF
Case Number: 1:2021cv07569
Filed: October 14, 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
January 27, 2022 Opinion or Order Filing 55 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 is awarded statutory damages in the amount of $50,000.00 ("Defaulting Defendants' Individual Damages Award") against each of the eighty-one (81) Defaulting Defenda nts pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act, plus post-judgment interest, for a total of Four Million One Hundred Fifty Thousand Dollars ($4,050,000.00). IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting D efendants, 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: A. manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products or any oth er products bearing the Angry Birds Marks and/or marks that are confusingly similar to, identical to and constitute a counterfeiting and/or infringement of the Angry Birds Marks, as further set forth herein. IT IS FURTHER ORDERED, ADJUDGED AND DE CREED that Defaulting Defendants must deliver up for destruction 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 con trol of Defaulting Defendants that infringe any of Plaintiffs trademarks or other rights including, without limitation, the Angry Birds Marks, or bear any marks that are confusingly similar to the Angry Birds Marks pursuant to 15 U.S.C. § 111 8; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Third Party Service Providers and Financial Institutions are permanently enjoined and restrained from, as further set forth herein. IT IS FURTHER ORDERED, as sufficient cause has been sh own, 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 concerning the restriction or restraint of Defaulting Defendants' Frozen Assets, Defaulting Defendants' Additional Assets and/or Defaulting Defendants' Additional Financial Accounts; Any failure by Defaulting 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; The Court releases the Ten Thousand U.S. Dollar ($10,000.00) security bond that Plaintiff submitted in connection with this 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 Denise L. Cote on 1/27/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing.
January 7, 2022 Opinion or Order Filing 48 ORDER: The plaintiff having requested a default judgment on January 6, 2022, it is hereby ORDERED that the plaintiff shall serve this Order and the underlying papers on the defendants on or before January 10, 2022. IT IS FURTHER ORDERED that a defau lt judgment hearing will be held telephonically on January 27, 2022 at 2:00 p.m. Failure of the defendant to appear will result in entry of a default or a default judgment. IT IS FURTHER ORDERED that the parties shall use the following dial-in crede ntials for the conference. Dial-in: 888-363-4749 Access code: 4324948. IT IS FURTHER ORDERED that the parties shall use a landline if one is available. ( Telephone Conference set for 1/27/2022 at 2:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/7/2022) (vfr)
December 15, 2021 Opinion or Order Filing 28 ORDER: Accordingly, it is hereby ORDERED that this action is dismissed without prejudice. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 12/15/2021) (vfr)
November 30, 2021 Opinion or Order Filing 26 ORDER: For any defendant whose time to answer had run, and who had failed to file an answer, the plaintiff in the above captioned action was required to file a motion for default by November 12, 2021. No such motion was filed. It is hereby ORDERED t hat by December 3, 2021, the plaintiff shall file a status letter with respect to each defendant, indicating the date of service, the date the answer was or is due, and the status of claims against that defendant. SO ORDERED. (Signed by Judge Denise L. Cote on 11/30/2021) (vfr)
October 14, 2021 Opinion or Order Filing 7 PRELIMINARY INJUNCTION ORDER: 1. 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 La nham Act. a) Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final determination of this action, as further set forth herein. Accordingly, the Third Party Service Provider s and Financial Institutions are hereby restrained and enjoined from engaging in any of the following acts or omissions pending the final determination of this action, as further set forth herein. Defendants are hereby given notice that they may be deemed to have actual notice of the terms of this Order and act by them or anyone of them in violation of this Order may be considered and prosecuted as in contempt of this Court. The $10,000 bond posted by Plaintiff shall remain with the Court until a final 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 or other person or entity 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 Denise L. Cote on 10/14/2021) (vfr)
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