Automated Summary
Key Facts
GS Holistic, LLC filed a Motion for Default Judgment against New Paradise Inc, d/b/a New Paradise Store, and Surendra Pradhan for trademark infringement of Stündenglass Marks. The Magistrate Judge issued a Report and Recommendation recommending the motion be granted. No party filed objections to the R&R, so the District Court reviewed it for clear error and adopted the R&R in its entirety. The court granted the default judgment, finding defendants jointly and severally liable on all claims, awarded Plaintiff $200,000 in statutory damages, and issued a permanent injunction preventing any import, export, or distribution of counterfeit Stündenglass products.
Issues
The court addressed whether to grant Plaintiff GS Holistic's Motion for Default Judgment against Defendants New Paradise Inc and Surendra Pradhan for trademark infringement. The Magistrate Judge issued a Report and Recommendation recommending the motion be granted. After reviewing the R&R and finding no timely objections were filed, the court adopted the R&R in its entirety and granted the default judgment in accordance with 28 U.S.C. § 636(b)(1).
Holdings
The court grants Plaintiff GS Holistic, LLC's Motion for Default Judgment against Defendants New Paradise Inc and Surendra Pradhan, finding them jointly and severally liable on all claims. The court awards statutory damages of $200,000, costs of $977.87, and post-judgment interest. Defendants are permanently enjoined from infringing Stündenglass Marks through import, manufacture, sale, distribution, and other activities involving counterfeit products. Defendants must destroy all infringing trade dress products and serve a compliance affidavit within 30 days.
Remedies
- Defendants are ordered to destroy all trade dress products and remove the products from the market as part of the permanent injunction.
- Plaintiff is awarded statutory damages in the amount of $200,000.00, costs in the amount of $977.87, and post-judgment interest to be calculated from the date the Clerk of Court enters judgment until the date of payment, at the rate set forth in 28 U.S.C. § 1961.
- Defendants Surendra Pradhan and New Paradise Inc and their agents, employees, officers, directors, owners, representatives, successor companies, related companies, and all persons acting in concert or participation with it are permanently restrained and enjoined from infringing upon the Stündenglass Marks directly or contributorily, in any manner, including but not limited to import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, storage, shipment, licensing, development, display, delivery, marketing, advertising, or promotion of counterfeit Stündenglass products.
- Defendants are ordered to serve Plaintiff with an affidavit that it complied with the Injunction within thirty (30) days after service is made.
- The court granted a default judgment finding defendants jointly and severally liable on all claims asserted in the Complaint. Defendants GS Holistic's Motion for Default Judgment was granted in its entirety.
Monetary Damages
200000.00
Legal Principles
The court reviews a Magistrate Judge's Report and Recommendation for clear error when no party files timely objections. Under 28 U.S.C. § 636(b)(1), the district court may accept, reject, or modify magistrate judge findings. This Memorandum and Order adopts the R&R in its entirety and grants Plaintiff's Motion for Default Judgment in the trademark infringement case.
Precedent Name
- Salome v. Metro Cheese Inc.
- Nambiar v. Cent. Orthopedic Grp., LLP
Cited Statute
28 United States Code
Judge Name
Nusrat J. Choudhury
Passage Text
- I adopt the thorough and well-reasoned R&R in its entirety. Accordingly, I grant GS Holistic's Motion for Default Judgment (ECF No. 15) in its entirety as follows:
- 1. Defaulting Defendants are found liable, jointly and severally, on all of Plaintiff's claims asserted in the Complaint (ECF No. 1); 2. Plaintiff is awarded statutory damages in the amount of $200,000.00, costs in the amount of $977.87, and post-judgment interest to be calculated from the date the Clerk of Court enters judgment in this action until the date of payment, at the rate set forth in 28 U.S.C. § 1961;
- Defendants Surendra Pradhan and New Paradise Inc and their agents, employees, officers, directors, owners, representatives, successor companies, related companies, and all persons acting in concert or participation with it are permanently restrained and enjoined from infringing upon the Stündenglass Marks directly or contributorily, in any manner, including but not limited to: the import, export, making, manufacture, reproduction, assembly, use, acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, storage, shipment, licensing, development, display, delivery, marketing, advertising, or promotion of the counterfeit Stündenglass products