ABC v. DEF
Case Number: 1:2022cv03739
Filed: May 31, 2022
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
May 15, 2024 Opinion or Order Filing 76 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 Judgment, th e Court finds such an award to be reasonable and Plaintiff is awarded Fifty Thousand U.S. Dollars ($50,000.00) in statutory damages ("Individual Damages Award") against each of five (5) Defaulting Defendants pursuant to Section 15 U .S.C. § 1117(c) of the Lanham Act, plus post-judgment interest. 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 dissol ved. 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; 3) The Court releases the One Thousand U.S. Dollar ($1,000.00) 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 4) This C ourt shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order. SO ORDERED. Shenzhenshihaoshengzhekejiyouxiangongsi, Xuchang Hengkang Trading Company, Yi Wu Shi Ou Xing Dianzi Shang Wu Youxian Gongsi, Zaozhuang Boqin Trading Company, Dongguan Dezhuosheng Business & Trading and Quanzhou Dengku Electronic Technology terminated. (Signed by Judge Margaret M. Garnett on 5/14/2024) (mml) Transmission to Finance Unit (Cashiers) for processing.
May 8, 2024 Opinion or Order Filing 75 ORDER granting 74 Letter Motion to Adjourn Conference. GRANTED. The default judgment hearing is hereby ADJOURNED to May 14, 2024 at 2:00p.m. SO ORDERED. Default Hearing set for 5/14/2024 at 02:00 PM before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 5/8/2024) (mml)
February 29, 2024 Opinion or Order Filing 61 NOTICE OF REASSIGNMENT: These cases have been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the reassignment, including the March 8, 2024 dead line for Plaintiff to move for default. All counsel must familiarize themselves with the Court's Individual Rules & Practices, which are available at https://nysd.uscourts.gov/hon-margaret-m-garnett. SO ORDERED. (Signed by Judge Margaret M. Garnett on 2/29/2024) (ama)
December 21, 2023 Opinion or Order Filing 58 ORDER: Several Defendants were served on May 16, 2022. (See ECF No. 28.) No dismissal or appearance has been filed with respect to these remaining Defendants. Plaintiff is directed to notify the Court whether it intends to move for default judgme nt or otherwise proceed with this case. If Plaintiff fails by January 4, 2024, to either (1) file a letter concerning the status of the case, or (2) move for default judgment against Defendants, the action may be dismissed for failure to prosecute. Plaintiff is directed to serve a copy of this order by mail on Defendants. SO ORDERED. ( Motions due by 1/4/2024.) (Signed by Judge J. Paul Oetken on 12/21/2023) (vfr)
June 1, 2022 Opinion or Order Filing 9 PRELIMINARY INJUNCTION ORDER: The injunctive relief previously granted in the TRO shall remain in place through the pendency of this action, and issuing this Order is warranted under Federal Rule of Civil Procedure 65 and Section 34 of t he Lanham Act. Accordingly, Defendants are hereby restrained and enjoined from engaging in any of the acts or omissions set forth in this order pending the final hearing and determination of this action or until further order of the Court. A ccordingly, the Third Party Service Providers and Financial Institutions are hereby restrained and enjoined from engaging in any of the acts or omissions set forth in this order pending the final hearing and determination of this action or unti l further order of the Court. The $1,000.00 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. (Signed by Judge J. Paul Oetken on 6/1/2022) (ate)
May 31, 2022 Opinion or Order Filing 5 ORDER TEMPORARILY SEALING FILE: it is hereby ORDERED that the Clerk of the Court shall maintain the documents associated with the above-referenced action, including, but not limited to, Plaintiff's Complaint and exhibits attached thereto and Plaintiffs ex parte application for: a temporary restraining order; an order restraining Merchant Storefronts and Defendants' Assets with the Financial Institutions; an order to show cause why a preliminary injunction sho uld not issue; an order authorizing bifurcated and alternative service; and an order authorizing expedited discovery and the supporting declarations of Jonathan Kelly and Karena K. Ioannou and exhibits attached thereto under sea l for a period of one (1) week, or until further order by the Court. The Clerk of the Court is directed to restrict access to this Order to the selected party viewing level. The Clerk of the Court is directed to close this miscellaneous mat ter. It is also hereby ORDERED that, notwithstanding this Order to Temporarily Seal File, the Clerk of the Court shall have authority to provide Plaintiff with certified copies of any orders entered in this matter while under seal. So Ordered. (Signed by Judge Paul G. Gardephe on 5/5/2022) (js)
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