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[+]
1
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2023-07-11 |
COMPLAINT filed by Parfums Christian Dior; Filing fee $ 402, receipt number AILNDC-20818960. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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2
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2023-07-11 |
SEALED EXHIBIT by Plaintiff Parfums Christian Dior Schedule A regarding complaint 1 |
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3
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2023-07-11 |
MOTION by Plaintiff Parfums Christian Dior for leave to file under seal |
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4
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2023-07-11 |
CIVIL Cover Sheet |
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5
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2023-07-11 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Parfums Christian Dior |
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CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. |
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. |
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6
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2023-07-11 |
Notice of Claims Involving Trademarks by Parfums Christian Dior |
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7
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2023-07-11 |
ATTORNEY Appearance for Plaintiff Parfums Christian Dior by Justin R. Gaudio |
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8
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2023-07-11 |
ATTORNEY Appearance for Plaintiff Parfums Christian Dior by Amy Crout Ziegler |
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9
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2023-07-11 |
ATTORNEY Appearance for Plaintiff Parfums Christian Dior by Kahlia Roe Halpern |
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10
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2023-07-11 |
ATTORNEY Appearance for Plaintiff Parfums Christian Dior by Berel Yonathan Lakovitsky |
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11
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2023-07-13 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. |
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12
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2023-07-13 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
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13
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2023-07-14 |
MOTION by Plaintiff Parfums Christian Dior for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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14
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2023-07-14 |
MEMORANDUM by Parfums Christian Dior in support of motion for temporary restraining order[13] |
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15
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2023-07-14 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14] |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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16
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2023-07-14 |
DECLARATION of Nicolas Lambert regarding memorandum in support of motion[14] |
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Exhibit 1 |
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Exhibit 2 |
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17
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2023-07-14 |
SEALED EXHIBIT by Plaintiff Parfums Christian Dior Exhibit 3 - Parts 1-2 regarding declaration 16 |
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Exhibit 3-1 |
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(Exhibit 3-2) |
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18
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2023-07-14 |
MOTION by Plaintiff Parfums Christian Dior for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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19
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2023-07-14 |
MEMORANDUM by Parfums Christian Dior in support of motion for miscellaneous relief[18] |
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20
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2023-07-14 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19] |
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Exhibit 1 |
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Exhibit 2 |
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21
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2023-07-17 |
MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for leave to file under seal 3, ex parte motion for entry of a temporary restraining order, including a temporary injunction, temporary asset restraint, and expedited discovery 13, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 18 are set for a telephonic motion hearing on 7/20/2023 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
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22
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2023-07-20 |
MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 7/20/2023. For the reasons stated on the record, Plaintiff's motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, temporary asset restraint, and expedited discovery [13], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [18] are granted. Enter Sealed Temporary Restraining Order. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 10:00 a.m. on 7/20/2023 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 8/3/2023 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
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23
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2023-07-20 |
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 7/20/2023. Mailed notice |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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24
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2023-07-27 |
SURETY BOND in the amount of $ $10,000.00 posted by Parfums Christian Dior |
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25
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2023-07-31 |
MOTION by Plaintiff Parfums Christian Dior for extension of time of Temporary Restraining Order |
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26
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2023-07-31 |
MEMORANDUM by Parfums Christian Dior in support of extension of time[25] |
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Declaration of Kahlia R. Halpern |
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27
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2023-08-02 |
MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex parte motion to extend the temporary restraining order 25 is granted. The Court finds good cause to extend the Temporary Restraining Order an additional 14 days until 8/17/2023. Telephonic status hearing set for 8/3/2023 is stricken and reset for 8/17/2023 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
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28
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2023-08-14 |
MOTION by Plaintiff Parfums Christian Dior for preliminary injunction, MOTION by Plaintiff Parfums Christian Dior for extension of time of Temporary Restraining Order |
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Exhibit A |
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29
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2023-08-14 |
MEMORANDUM by Parfums Christian Dior in support of motion for preliminary injunction, extension of time[28] |
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Declaration of Kahlia R. Halpern |
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Exhibit 1 |
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30
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2023-08-14 |
SUMMONS Returned Executed by Parfums Christian Dior as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/14/2023, answer due 9/4/2023. |
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Declaration of Berel Y. Lakovitsky |
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Exhibit A |
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31
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2023-08-17 |
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 8/17/2023. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction and to extend the temporary restraining order 28 is granted. Enter Preliminary Injunction Order. The Clerk's Office is directed to unseal: (1) Schedule A to the complaint 2, (2) Exhibit 3, Parts 1-2 17, and (3) the sealed temporary restraining order 23. Plaintiff's counsel is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic status hearing set for 9/20/2023 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
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32
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2023-08-17 |
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 8/17/2023. Mailed notice |
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NEW PARTIES: Guangzhou Woen Cosmetics Co., Ltd., Quanzhou Fengze Hanhao Trading Co., Ltd., Yiwu Houcai Trading Co., Ltd., 11668 Store, BeautyDay Store, Brand Perfumes Store, Cecilia Evan Store, Charms Fragrance Store, Elcote Cosmetic Store, Excellent Perfume Store, Excellent Perfumes Store, Fragrance Life Store, Gamesalor Store, Global tool shop Store, Good Perfume Store, Himist Diffusers Official Store, JusendaBeyond Lifestyle Store, LISM Make Life Store, Lucky Makeup Store, luxury parfume Store, Luxury Perfume Store, lvlv Store, Make Quality Store, Makeup of world Store, Maliboo Makeup Brush Store, Mi Domestic Ware Store, QMeggie Store, Shiny Perfumes Store, Shop1102165118 Store, Shop1102175290 Store, Shop1102187376 Store, Shop1102208199 Store, Shop1102250176 Store, Shop1102277212 Store, Shop1102297345 Store, Shop1102300630 Store, Shop1102310725 Store, Shop1102311372 Store, Shop1102312987 Store, Shop1102313404 Store, Shop1102314070 Store, Shop1102333338 Store, Shop1102333726 Store, Shop1102347637 Store, Shop1102372005 Store, Shop1102408142 Store, Shop4642058 Store, Shop5373141 Store, Shop5778095 Store, Sweety parfume center Store, The world beautiful life Store, top1 perfume Store, Top5 Perfume Store, Yuancreate Life Store and Dayushangpin added to case caption. |
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33
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2023-09-06 |
MOTION by Plaintiff Parfums Christian Dior for entry of default as to all Defendants, MOTION by Plaintiff Parfums Christian Dior for default judgment as to all Defendants |
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Exhibit A |
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34
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2023-09-06 |
MEMORANDUM by Parfums Christian Dior in support of motion for entry of default, motion for default judgment[33] |
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Exhibit 1 |
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[+]
35
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2023-09-06 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[34] |
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Exhibit 1 |
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36
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2023-09-08 |
MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default and default judgment 33 will be heard at the telephonic hearing set for 9/20/2023 at 9:30 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
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37
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2023-09-20 |
NOTICE of Voluntary Dismissal by Parfums Christian Dior as to Certain Defendant |
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38
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2023-09-20 |
MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 9/20/2023. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment 33 is taken under advisement. Telephonic status hearing set for 10/17/2023 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
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39
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2023-10-16 |
MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of default judgment 33 is granted. Specifically, after a hearing on 9/20/2023 and having considered Plaintiff's motion and supporting materials, the Court grants Plaintiff's request for entry of default and default judgment as to Defaulting Defendants. None of Defaulting Defendants timely answered or otherwise appeared and therefore entry of default pursuant to Fed. R. Civ. P. 55(a) is appropriate. "The basic effect of an entry of default. is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true." VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (internal quotation marks omitted).The Court finds that Defaulting Defendants' infringing conduct was willful. With respect to monetary relief, Plaintiff requests an award of $500,000 in statutory damages under 15 U.S.C. § 1117(c)(2) against each Defaulting Defendant. A plaintiff in a case involving the use of a counterfeit mark may elect to seek statutory damages in the amount of: (1) not less than $1,000 or more than $200,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or (2) if the court finds that the use of the counterfeit mark was willful, not more than $2,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just. 17 U.S.C. § 1117(c). In determining the amount of statutory damages to award in this case, the Court has considered the difficulty or impossibility of proving actual damages, the circumstances of the infringement, the efficacy of the damages as a deterrent to future infringement, the value of the Plaintiff's brand and its efforts to protect the brand, and the extent or profitability of the Defaulting Defendants' wrongful activities. In addition, the Court has considered the amounts of statutory damages requested and awarded in similar cases. Based on these factors, the Court awards Plaintiff $500,000 per Defaulting Defendant. Enter Default Judgment Order. As all claims as to all Defendants have been resolved, this case will be closed. The telephonic status hearing set for 10/16/2023 is stricken. Civil case terminated. Mailed notice |
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40
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2023-10-16 |
DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 10/16/2023. Mailed notice |
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41
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2023-12-07 |
NOTICE of withdrawal of bond 24 by John Summerfield. |
