KATHERINE POLK FAILLA, District Judge.
WHEREAS, on January 6, 2014, this action was commenced by Plaintiff Microban Products Company ("Microban" or "Plaintiff") against Defendant API Industries, Inc., doing business as Aluf Plastics, Inc. ("Aluf" or "Defendant"), alleging that Defendant is liable for trademark infringement, trademark dilution, unfair competition, goods sold and delivered, account stated, and breach of contract under New York State law; and for trademark infringement and false designation of origin under the Lanham Act, 15 U.S.C. §§ 1114, 1125(a) (Dkt. #1);
WHEREAS, on January 31, 2014, Plaintiff moved for (i) summary judgment on all of its claims; (ii) a permanent injunction enjoining Defendant from "improperly using the Microban Marks in the advertising and marketing of Aluf's trash bags"; and (iii) attorneys' fees (Dkt. #20);
WHEREAS, on March 3, 2014, Defendant filed its opposition submission (Dkt. #25), and on March 10, 2014, Plaintiff filed its reply submission (Dkt. #30);
WHEREAS, on May 8, 2014, the Court issued an Opinion and Order granting Plaintiff's motion for (i) summary judgment; (ii) a permanent injunction; and (iii) attorneys' fees (Dkt. #34);
WHEREAS, in its Opinion and Order, the Court specifically found that Plaintiff is entitled to (i) $750,876 in damages; (ii) pre-judgment interest compounding annually at the statutory rate of 9%, and accruing on the date each invoice became past-due; (iii) post-judgment interest, compounding annually at the statutory rate, and accruing on the date of judgment; (iv) a permanent injunction enjoining Defendant from using the Microban Marks
WHEREAS, in its Opinion and Order, the Court ordered Plaintiff, by May 30, 2014, to submit (i) a proposed Order to the Court setting forth the abovedetailed damages, including the dates from which pre-judgment interest shall be awarded;
Now, therefore, it is hereby ORDERED that:
1. Defendants are found to be liable to Plaintiff for (i) trademark infringement in violation of 15 U.S.C. § 1114; (ii) false designation of origin in violation of 15 U.S.C. § 1125(a); (iii) trademark dilution in violation of New York General Business Law § 360-l; (iv) trademark infringement in violation of the common law of the State of New York; (v) goods sold and delivered in violation of New York Uniform Commercial Code § 2-709; (vi) unfair competition in violation of the common law of the State of New York; (vii) account stated in violation of the common law of the State of New York; and (viii) breach of contract in violation of the common law of the State of New York.
2. Defendant's infringement of the Microban Marks is found to be willful and in bad faith.
3. Effective immediately, Defendant is permanently enjoined and restrained, together with its subsidiaries, affiliates, divisions, officers, directors, principals, servants, employees, successors, agents, and assigns, and all those in active concert or participation with them, from:
4. Subject to the foregoing, to the extent Defendant's goods are actually and properly incorporated with Plaintiff's product, Defendant may accurately and truthfully state that its product "contains Microban® compounds," or "is manufactured with genuine Microban®," but only if (i) the word "Microban®" is the same size, color, font, and general distinctiveness as the words surrounding it; and (ii) Defendant includes a disclaimer that states: "Microban® is a registered trademark of Microban Products Company. This product is not authorized, sponsored, or manufactured by Microban®." Defendant may not use the word "Microban®" or "Microban" in any other way in any consumer or commercial product packaging or description, but may truthfully describe the antimicrobial qualities of products made with the Microban® compounds.
5. Plaintiff is entitled to and shall receive and recover from Defendant $157,036.58 in attorneys' fees and costs, as found to be reasonable by the Court, and as set forth in a separate Order.
6. The Court retains jurisdiction over this matter and the parties to this action in order to enforce the terms of this Permanent Injunction. The Clerk of Court is directed to mark this case as closed.
SO ORDERED.