New York Southern District Court
Judge:Jennifer L Rochon
Referred: Jennifer E Willis
Case #: 1:20-cv-02949
Nature of Suit840 Property Rights - Trademark
Cause15:1114 Trademark Infringement (Lanham Act)
Case Filed:Apr 10, 2020
Terminated:May 16, 2023
Last checked: Wednesday Oct 07, 2020 6:18 AM EDT
Defendant
Performance Supply, LLC
Plaintiff
3M Company
Represented By
Carmine R. Zarlenga
Mayer Brown LLP
contact info
A. John P. Mancini
Mayer Brown Llp (ny)
contact info
Jonathan Webster Thomas
Mayer Brown LLP
contact info

Docket last updated: 3 hours ago
Monday, May 22, 2023
56 56 service Affidavit of Service Other Mon 05/22 10:27 AM
AFFIDAVIT OF SERVICE of Final Default Judgment and Permanent Injunction served on Performance Supply, LLC, C/O Ronald Romano on May 18, 2023. Document filed by 3M Company..(Thomas, Jonathan)
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Tuesday, May 16, 2023
55 55 1 pgs misc AO 120 Form Trademark - Case Terminated - Submitted Tue 05/16 4:10 PM
AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 5/16/2023 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(jca)
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Att: 1 Exhibit Final Default Judgment and Permanent Injunction
54 54 6 pgs order Judgment - Default Tue 05/16 4:04 PM
FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION BASED ON THE FOREGOING, the Court hereby GRANTS 3M's Motion for Default Judgment and Permanent Injunction against Defendant in its entirety, and ORDERS as follows: 1. Pursuant to FED. R. CIV. P. 55(b)(2), a Default Judgment is entered in favor of Plaintiff 3M and against Defendant Performance Supply, LLC on each claim for relief in the Complaint. 2. Pursuant to 15 U.S.C. § 1116(a), Defendant is hereby PERMANENTLY ENJOINED. This Court shall retain jurisdiction to hear and determine all matters arising out of, relating to, and/or otherwise concerning the interpretation and/or enforcement of this Final Judgment. The Temporary Restraining Order entered against Defendant in this action on April24, 2020 (Dkt. No. 17) and the Preliminary Injunction entered against Defendant in this action on May 5, 2020 (Dkt. No. 23) are vacated and superseded by this Final Judgment. (And as further set forth herein.) IT IS SO ORDERED. (Signed by Judge Jennifer L. Rochon on 5/16/2023) (jca)
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53 53 3 pgs order Order Adopting Report and Recommendations Tue 05/16 3:59 PM
MEMORANDUM OPINION AND ORDER for50 REPORT AND RECOMMENDATION re:45 MOTION for Default Judgment as to defendant Performance Supply, LLC. filed by 3M Company. Accordingly, the Court adopts the Report in its entirety and GRANTS Plaintiff's motion for default judgment and GRANTS Plaintiffs motion for a permanent injunction. The Court will issue a Final Judgment and Permanent Injunction separately. The lack of any timely objections, in light of the clear notice provided in the Report, precludes appellate review of this decision. See Frank, 968 F.2d at 300; Lee, 473 F. Supp. 2d at 436. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 5/16/2023) (jca)
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