Custom Dynamics LLC v. Lite Cycle, Inc. et al
| Custom Dynamics LLC |
| Lite Cycle, Inc. and Daniel Goracoff |
| 5:2017cv00506 |
| October 6, 2017 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| Louise Wood Flanagan |
| Trademark |
| 15 U.S.C. ยง 1114 |
| Plaintiff |
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Filing
45
DEFAULT JUDGMENT in favor of Custom Dynamics LLC against Daniel Goracoff d/b/a LITE CYCLE. In accordance with the court's order entered January 28, 2019, for the reasons set forth more specifically therein, plaintiffs mot ion for default judgment is granted. The court awards plaintiff damages in the amount of $106,614.72, which is trebled for a total award of damages in the amount of $319,844.16 against Defendant, Daniel Goracoff d/b/a LITE CYCLE. IT IS FURT HER ORDERED, ADJUDGED AND DECREED that the defendant Daniel Goracoff d/b/a LITE CYCLE is hereby enjoined from continuing to use in any manner plaintiff Custom Dynamics, LLCs GEN-200-AW-1157, GEN-SSHD-6, GEN-SSHD-8, and GEN-SMART-TPU-HD marks. Daniel Goracoff, d/b/a LITE CYCLE is FURTHER ENJOINED from continuing to use any trademark or other unique product identifier belong to plaintiff Custom Dynamics, LLC. Defendant is DIRECTED to immediately cease use of any trademarks or unique product identi fiers. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Court awards $15,222.00 in attorney's fees for legal services provided by Anthony Biller, $6,240.00 in attorneys fees for legal services provided by Emily Haas and $2,125.00 in fees for services provided by paralegals, and $1,118.31 in costs, all to be paid by defendant. Signed by Peter A. Moore, Jr., Clerk of Court on 1/28/2019. (Collins, S.)
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Filing
43
ORDER granting 42 Motion to Seal 41 PROPOSED SEALED EXHIBIT. Signed by District Judge Louise Wood Flanagan on 1/18/2019. (Collins, S.)
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Filing
13
ORDER granting in part 12 Motion for Entry of Default - The motion for entry of default is GRANTED as to only defendant Goracoff, and pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, default is ENTERED agains t defendant Daniel Goracoff. The clerk reserves ruling on the motion for entry of default as to defendant Lite Cycle, Inc. Plaintiff is DIRECTED to file, within 21 days of the filing date of this order, additional briefing explaining why the November 8, 2017 service on Goracoff is sufficient to show service on Lite Cycle, Inc. Signed by Peter A. Moore, Jr., Clerk of Court on 2/27/2018. (Tripp, S.)
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