PHILIP S. GUTIERREZ, District Judge.
Plaintiff GSLT Holdings Limited ("Plaintiff") filed its Complaint and Application for Default Judgment for a permanent injunction, among other relief in this matter, against Defendant Old School Fairfax, Inc. ("Defendant"). (Dkt. Nos. 1, 21.) Pursuant to the arguments set forth in Plaintiff's Application for Default Judgment (Dkt. No. 24), the Court grants Plaintiff's request for a permanent injunction and enters a permanent injunction against Defendant as follows:
1. A plaintiff is entitled to a permanent injunction when it can demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of the hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction.
2. Plaintiff is the owner of the following U.S. Trademark Registrations: U.S. Registration No. 5,225,520 for PALACE; U.S Registration No. 5,197,782 for PALACE SKATEBOARDS; U.S. Registration No. 5,197,783 for
(collectively hereinafter, the "PALACE Marks"). Defendant's infringement of Plaintiff's PALACE Marks by willfully and knowingly manufacturing, distributing, offering for sale, and/or selling counterfeit apparel featuring the PALACE Marks have caused irreparable injury to Plaintiff.
3. Defendant's failure to respond or otherwise appear in this action also does not mean that Defendant has stopped infringing the PALACE Marks or that it will not simply resume the infringement if it has temporarily stopped.
4. The balance of hardships clearly weighs in favor of Plaintiff given that Defendant has willfully and knowingly sold infringing products and reaped the benefits of Plaintiff's PALACE Marks. Plaintiff has been irreparably harmed and will continue to be irreparably harmed by such counterfeit items in the stream of commerce, losing both profits and goodwill. Given Defendant's complete disregard of multiple notices of infringement, its failure to participate in this action and offer any evidence to the Court that it intends to cease from infringing activities, the balance of hardships clearly weighs in favor of a permanent injunction.
5. The public interest would be served by entry of a permanent injunction against Defendant's infringement of Plaintiff's trademarks and the dissemination of counterfeit products into the marketplace.
(a) directly or indirectly infringing Plaintiff's PALACE Marks;
(b) from passing off, inducing or enabling others to sell or pass off, any of Defendant's goods or services as originating from Plaintiff, or sponsored, approved, or authorized by Plaintiff;
(c) directly or indirectly engaging in any acts or activities calculated to trade upon Plaintiff's PALACE Marks, and/or the reputation or good will of Plaintiff, or in any manner to compete with Plaintiff unfairly;
(d) using Plaintiff's PALACE Marks in the sale, offer for sale, promotion, advertising, marketing and/or distribution of Defendant's goods, or any mark which is a variant of, simulates, is a colorable imitation of, or imitates Plaintiff's PALACE Marks, in a manner that is likely to deceive, falsely describe or misrepresent the source of Defendant's goods and thereby create confusion among the purchasing public or the trade;
(e) further counterfeiting the PALACE Marks;
(f) further violating Plaintiff's property rights and good will; and,
(g) from otherwise competing unfairly with Plaintiff in any manner whatsoever.