JUDGMENT AGAINST DEFENDANT COOL-G. INC.
BEVERLY REID O'CONNELL, District Judge.
JUDGMENT AND ORDER
WHEREAS, the plaintiffs in this action are Sweet People Apparel, Inc. d/b/a MISS ME ("Sweet People"), RCRV, Inc. d/b/a ROCK REVIVAL ("RCRV"), and Deodar Brands, LLC d/b/a MEK DENIM ("Deodar Brands") (collectively, "Plaintiffs"); and
WHEREAS, the defendant in this action is Cool-G, Inc. ("Cool-G" or the "Defaulting Defendant"); and
WHEREAS, Sweet People is the owner of U.S. copyright registrations for certain designs it uses on and in connection with its MISS ME line of jeanswear products, including a Fleur De Lis Design JP4369 (U.S. Copyright Registration No. VA 1-418-846); Rose JP6080B Design (U.S. Copyright Registration No. VA 1-827-460); Paradise Fleur de Lis JP5465B Design (U.S. Copyright Registration No. VA 1-827-434); Ivy Cross JP5335 Design (U.S. Copyright Registration No. VA 1-786-494); Reverse Western Paisley JP5123 Design (U.S. Copyright Registration No. VA 1-740-404); Island Flower JP5473B Design (U.S. Copyright Registration No. VA 1-827-453); Antique Embroidery JP5614B Design (U.S. Copyright Registration No. VA 1-849-006); Sparkle Cross Design (U.S. Copyright Registration No. VA 1-716-852); Cross Wing JP5117 Design (U.S. Copyright Registration No. VA 1-740-392); Wing Design (U.S. Copyright Registration No. VA 1-733-502 and Supplementary Registration No. VA 1-432-644); Paris Design JP5341B (U.S. Copyright Registration No. VA 1-770-595); and Angel Wing Design (U.S. Copyright Registration No. VA 1-432-648) (such copyrighted designs being collectively referred to as the "Sweet People Copyrighted Designs"), copies of the aforesaid registration certificates, and photographs of representative examples of Sweet People MISS ME brand jeanswear products bearing the Sweet People Copyrighted Designs, 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. Trademark Registration 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, RCRV is the owner of its INVERTED FLEUR DE LIS DESIGN Trademark (U.S. Trademark Registration No. 4,248,371), a copy of the registration certificate, and a photograph of a representative example of an RCRV ROCK REVIVAL brand jeanswear product bearing the INVERTED FLEUR DE LIS DESIGN Trademark, being attached hereto as Exhibit C and incorporated herein by reference; and
WHEREAS, Deodar Brands is the owner of its M DESIGN Trademark (U.S. Trademark Registration No. 3,613,153), a copy of the registration certificate, and a photograph of a representative example of a Deodar Brands MEK DENIM brand jeanswear product bearing the M DESIGN Trademark, being attached hereto as Exhibit D and incorporated herein by reference; and
WHEREAS, on April 25, 2013, Plaintiffs filed their First Amended Complaint (Dkt. No. 9) against the Defaulting Defendant, alleging that the Defaulting Defendant created, designed, purchased, imported, distributed, offered for sale and/or sold certain jeanswear products bearing designs that infringe their rights in and to the Sweet People Copyrighted Designs, Sweet People's FABRIC CUT OUT DESIGN Trademark, RCRV's INVERTED FLEUR DE LIS DESIGN Trademark, and Deodar Brands' M DESIGN Trademark (such designs being collectively referred to as the "Infringing Designs"), photographs of the Infringing Designs being attached hereto as Exhibit E and incorporated herein by reference; and
WHEREAS, the Defaulting Defendant was duly served with the First Amended Complaint on April 25, 2013 (Dkt. No. 10), and the Defaulting Defendant filed its Answer to Amended Complaint, Affirmative Defenses and Counterclaims on May 14, 2013 (Dkt. No. 13); and
WHEREAS, on August 12, 2013, Cool-G's then-counsel, Fox Rothschild LLP, after having appeared in the action by way of filing Cool-G's Answer to Amended Complaint, Affirmative Defenses and Counterclaims on May 14, 2013, filed an unopposed application to withdraw as Cool-G's counsel (Dkt. No. 33), and on September 23, 2013, the Court granted Fox Rothschild LLP's application, and ordered Cool-G to obtain new counsel and to appear with such new counsel at a Status Conference set for October 28, 2013 (Dkt. No. 38); and
WHEREAS, Cool-G did not retain new counsel, and no appearance was made on behalf of Cool-G at the October 28, 2013 Status Conference (Dkt. No. 39); and
WHEREAS, on October 31, 2013, the Court issued an Order To Show Cause why the Court should not Strike the Answer of Cool-G for failure to comply with the Court's September 23, 2013 Order (Dkt. No. 40); and
WHEREAS, Cool-G failed to respond to the Order to Show Cause, and by Order dated November 20, 2013, the Court struck Cool-G's Answer to the Amended Complaint, Affirmative Defenses and Counterclaims, filed on May 14, 2013, and ordered Plaintiffs "to seek entry of default and default judgment forthwith" (Dkt. No. 43); and
WHEREAS, on November 21, 2013, Plaintiffs requested that the Clerk of the Court enter a default against Cool-G (Dkt. No. 45), and a Certificate of Default was executed by the Clerk on December 2, 2013 (Dkt. No. 47); and
WHEREAS, on December 6, 2013, Plaintiffs filed a Motion for Default Judgment against Cool-G (Dkt. Nos. 48-51 and 53); and
WHEREAS, on February 14, 2014, this Court granted Default Judgment against Cool-G, finding Cool-G liable for willful copyright infringement in violation of 17 U.S.C. § 501, and willful trademark counterfeiting in violation of 15 U.S.C. § 1114 (Dkt. No. 54); and
WHEREAS, in accordance with the Court's February 14, 2014 Order Re Motion For Default Judgment (Dkt. No. 54), Plaintiffs Sweet People, RCRV and Deodar Brands are entitled to the issuance of a Judgment, as follows:
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that:
1. Judgment is hereby entered against Cool-G pursuant to the prayer for relief in the First Amended Complaint with respect to Plaintiffs' claims for (i) willful copyright infringement of the Sweet People Copyrighted Designs in violation of 17 U.S.C. § 501; and (ii) willful trademark counterfeiting and infringement of Sweet People's FABRIC CUT OUT DESIGN Trademark, RCRV's INVERTED FLEUR DE LIS DESIGN Trademark and Deodar Brands' M DESIGN Trademark in violation of 15 U.S.C. § 1114.
2. Cool-G and all of those acting in concert with it, including its agents and servants, and all those on notice of this Judgment, are hereby immediately and permanently enjoined, restrained and prohibited from:
(a) Importing, distributing, supplying, advertising, promoting, offering for sale and/or selling any products bearing the Infringing Designs, or any other designs substantially similar in appearance to the Sweet People Copyrighted Designs and/or confusingly similar in appearance to Sweet People's FABRIC CUT OUT DESIGN Trademark, RCRV's INVERTED FLEUR DE LIS DESIGN Trademark or Deodar Brands' M DESIGN Trademark, and engaging in any other activity constituting an infringement of any of Sweet People's rights in and to the Sweet People Copyrighted Designs and FABRIC CUT OUT DESIGN Trademark, RCRV's rights in and to the INVERTED FLEUR DE LIS DESIGN Trademark and Deodar Brands' rights in and to the M DESIGN Trademark.
(b) Engaging in any activity constituting unfair competition with Sweet People, RCRV or Deodar Brands, or acts or practices that deceive the public and/or the trade, including, without limitation, the use of design elements and designations associated with Sweet People, RCRV or Deodar Brands.
3. Plaintiff Sweet People shall have judgment against Cool-G in the amount of One Hundred and Twenty Thousand Dollars ($120,000.00) in statutory damages, as a result of Cool-G's willful infringement of the Sweet People Copyrighted Designs pursuant to 17 U.S.C. § 504(c); and
4. Plaintiff Sweet People shall have judgment against Cool-G in the amount of Ten Thousand Dollars ($10,000.00) in statutory damages, as a result of Cool-G's willful counterfeiting and infringement of Sweet People's FABRIC CUT OUT DESIGN Trademark pursuant to 15 U.S.C. § 1117(c); and
5. Plaintiff RCRV shall have judgment against Cool-G in the amount of Ten Thousand Dollars ($10,000.00) in statutory damages, as a result of Cool-G's willful counterfeiting and infringement of RCRV's INVERTED FLEUR DE LIS DESIGN Trademark pursuant to 15 U.S.C. § 1117(c); and
6. Plaintiff Deodar Brands shall have judgment against Cool-G in the amount of Ten Thousand Dollars ($10,000.00) in statutory damages, as a result of Cool-G's willful counterfeiting and infringement of Deodar Brands' M DESIGN Trademark pursuant to 15 U.S.C. § 1117(c); and
7. Plaintiffs shall have judgment against Cool-G in the amount of Forty-Eight Thousand Six Hundred Dollars ($48,600.00) for Plaintiffs' attorneys' fees, and Five Hundred Fifteen Dollars ($515.00) for Plaintiffs' costs; and
8. Plaintiffs shall have judgment against Cool-G for post-judgment interest on the aggregate sum of the statutory damages, attorneys' fees and costs awarded ($199,115.00). In accordance with 28 U.S.C. § 1961, post-judgment interest shall be calculated at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of the judgment; and
9. 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
EXHIBIT D
EXHIBIT E
