Mary Kay Inc v. Ayres
Mary Kay Inc |
Leslie Ayres |
4:2011cv00972 |
April 25, 2011 |
US District Court for the District of South Carolina |
Florence Office |
Horry |
Terry L Wooten |
Trademark |
28 U.S.C. ยง 1331 |
Plaintiff |
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Filing 21 ORDER RULING ON REPORT AND RECOMMENDATIONS: It is hereby ORDERED that the Magistrate Judge's Report is ACCEPTED. (Doc. # 16 ). For the reasons articulated by the Magistrate Judge, the plaintiff's motion for default judgment and award of attorneys' fees and other costs (Doc. # 12 ) is GRANTED. Default judgment is hereby entered against the defendant, making the defendant liable for willful trademark infringement pursuant to 15 U.S.C. § 1125(a). The plaintiff is awarded judgment against the defendant in the amount of $16,671.30, which represents $16,078 in attorneys' fees pursuant to 15 U.S.C. § 1117 and $593.30 in costs. The Court also hereby enters a permanent injunc tion against the defendant pursuant to 15 U.S.C. § 1116. The terms of the injunction are set forth in the Magistrate Judge's Report. (Doc. # 16 ). Additionally, the defendant is ordered to deliver to the plaintiff, within thirty (30) day s after service of this Order, all labels, signs, prints, packages, wrappers, receptacles, and advertisements in the defendant's possession that include any of the plaintiff's registered marks. Finally, the defendant is directed to serve u pon the plaintiff a report in writing and under oath setting forth in detail the manner and form in which the defendant has complied with the terms of the injunction ordered herein. Said report shall be served upon the plaintiff within thirty (30) days after the entry and service on the defendant of the injunction ordered herein. Signed by Honorable Terry L Wooten on 10/26/2011. (prou, ) |
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Plaintiff: Mary Kay Inc | |
Represented By: | Cherie Wilson Blackburn |
Represented By: | Angelica Marie Colwell |
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Defendant: Leslie Ayres | |
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