JUDGMENT AND ORDER GRANTING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT FREEHUG APPAREL, INC.
MICHAEL W. FITZGERALD, District Judge.
WHEREAS, the plaintiff in this action is Sweet People Apparel, Inc. d/b/a MISS ME ("Sweet People"); and
WHEREAS, the defendant in this action is Freehug Apparel, Inc. ("Freehug" or the "Defaulting Defendant"); and
WHEREAS, Sweet People is the owner of a U.S. copyright registration for its Angel Wing Design (U.S. Reg. No. VA 1-733-501), which it uses on and in connection with its MISS ME line of jeanswear products (the "Angel Wing Design Copyright"), copies of the aforesaid registration certificate, and a photograph of a representative example of a Sweet People jeanswear product bearing the Angel Wing Design, being attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, Sweet People is the owner of its FABRIC CUT OUT DESIGN Trademark (U.S. Reg. No. 4,065,486), a copy of the registration certificate, and a photograph of a representative example of a Sweet People MISS ME brand jeanswear product bearing the FABRIC CUT OUT DESIGN Trademark, being attached hereto as Exhibit B and incorporated herein by reference; and
WHEREAS, on June 20, 2014, Sweet People filed its Complaint against the Defaulting Defendant, alleging that the Defaulting Defendant designed, manufactured, purchased, imported, distributed, offered for sale and/or sold certain jeanswear products bearing designs that infringe its rights in and to the Angel Wing Design Copyright and FABRIC CUT OUT DESIGN Trademark (Dkt. No. 1); and
WHEREAS, the Defaulting Defendant was duly served with the Complaint by substituted service in Los Angeles, California on November 20, 2014 (Dkt. No. 16), and has not appeared or otherwise responded to the Complaint within the time period set forth in the Federal Rules of Civil Procedure; and
WHEREAS, on January 5, 2015, the Clerk entered Default against Freehug (Dkt. No. 18); and
WHEREAS for good cause shown, Sweet People is entitled to the issuance of a Judgment and Order, as follows:
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that:
1. Default Judgment is entered against Freehug pursuant to the prayers for relief in the Complaint on each of Sweet People's claims as set forth in the Complaint, including its claims for (a) willful copyright infringement of Sweet People's Angel Wing Design Copyright in violation of 17 U.S.C. § 501; (b) willful trademark counterfeiting and infringement of Sweet People's FABRIC CUT OUT DESIGN Trademark in violation of 15 U.S.C. § 1114; (c) willful common law trademark infringement and unfair competition; and (d) willful unfair competition in violation of California Business & Professions Code section 17200.
2. Freehug has designed, manufactured, purchased, imported, distributed, offered for sale and/or sold certain jeanswear products bearing designs that were deliberately copied from and willfully infringed Sweet People's Angel Wing Design Copyright and FABRIC CUT OUT DESIGN Trademark, photographs of such infringing designs being attached hereto as Exhibit C (collectively, the "Infringing Products").
3. The Court ORDERS that Freehug, its subsidiaries, affiliates, divisions, officers, directors, principals, servants, employees, successors and assigns, and all those in active concert or participation with them, or under their direct or indirect control, including all manufacturers, importers, suppliers, distributors and retailers of any of the Infringing Products, or any other products bearing designs substantially similar in appearance to Sweet People's Angel Wing Design Copyright, or confusingly similar in appearance to Sweet People's FABRIC CUT OUT DESIGN Trademark (collectively, the "Infringing Designs"), who receive notice of this Order, are hereby immediately ENJOINED, RESTRAINED and PROHIBITED from:
(a) Copying, imitating, or making any unauthorized use of Sweet People's Angel Wing Design Copyright, or any design substantially similar thereto, including any use in violation of Sweet People's exclusive rights in the Angel Wing Design Copyright as set forth in 17 U.S.C. § 106.
(b) Copying, imitating, or making any unauthorized use of the Sweet People's FABRIC CUT OUT DESIGN Trademark, or any designs confusingly similar thereto.
(c) Manufacturing, importing, distributing, marketing, advertising, offering for sale and/or selling any product bearing an Infringing Design, including, without limitation, any of the Infringing Products, or any products bearing a design that is substantially similar to the Sweet People's Angel Wing Copyright, or that is confusingly similar to Sweet People's FABRIC CUT OUT DESIGN Trademark.
4. Within five (5) business days of the date of this Order, Freehug shall serve upon all manufacturers, importers, suppliers, distributors and retailers of the Infringing Products a copy of this Order.
5. Within ten (10) business days of the date of this Order, Freehug shall serve upon Sweet People's counsel, and file with the Court, a report of compliance identifying the steps it has taken to comply with the terms of Paragraph 2, 3 and 4 of this Order.
6. Freehug is liable to Sweet People in the amount of $20,000.00 in statutory damages as a result of Freehug's willful infringement of Sweet People's Angel Wing Design Copyright pursuant to 17 U.S.C. § 504(c).
7. Freehug is liable to Sweet People in the amount of $30,000.00 in statutory damages as a result of Freehug's willful counterfeiting and infringement of Sweet People's FABRIC CUT OUT DESIGN Trademark pursuant to 15 U.S.C. § 1117(c); and
8. Freehug is liable to Sweet People in the amount of $4,115.00, representing Sweet People's costs and attorneys' fees.
9. Freehug is liable to Sweet People for prejudgment interest on the amount of the Judgment in accordance with 28 U.S.C. § 1961; and
10. The Court retains jurisdiction of this action for the purpose of enforcing the provisions of this Judgment and Order by way of contempt motion or otherwise.
IT IS SO ORDERED.
EXHIBIT A
EXHIBIT B
EXHIBIT C
