Head Sport GmbH v. Up Town Sport Inc. et al
| New York Southern District Court | |
| Judge: | Lewis A Kaplan |
| Referred: | Robyn F Tarnofsky |
| Case #: | 1:23-cv-10172 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1051 Trademark Infringement |
| Case Filed: | Nov 20, 2023 |
| Terminated: | Aug 02, 2024 |
| Last checked: Sunday May 19, 2024 5:10 AM EDT |
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Defendant
Jenny Sprizzo
38 Prospect Ave.
East Rockaway, NY 11518 |
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Defendant
Up Town Sport Inc.
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Plaintiff
Head Sport GmbH
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Represented By
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| Docket last updated: 4 hours ago |
| Friday, August 02, 2024 | ||
| 81 | 81
order
Judgment - Default ~Util - Terminate Motions
Fri 08/02 4:55 PM
DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER. It is hereby ORDERED, ADJUDGED AND DECREED as follows: 1)IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because Head has sufficiently set forth the basis for the breach of contract damages award requested in the Motion for Default Judgment. the Court finds such an award to be reasonable and Head is awarded monetary damages in the amount of $427,000 against Defendant. 2)IT IS FURTHER ORDERED, ADJUDGED AND DECREED that because it would serve both the compensatory and punitive purposes of the Lanham Act's prohibitions on willful infringement, and because Head has sufficiently set forth the basis for the statutory damages award requested in its Motion for Default Judgment, the Court finds such an award to be reasonable and Plaintiff is awarded statutory damages in the amount of $4,000,000 against Defendant pursuant to 15 C.S.C. § lll7(c) of the Lanham Act: IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defendant, its officers, agents, servants, employees, and attorneys and other persons in active concert or participation with any of them, who receive actual notice of this Order by personal service or otherwise are permanently enjoined and restrained from: a.Using the HEAD Marks in any form, including with any other wording or designs, in connection with manufacturing, distributing, delivering, shipping, importing, exporting, advertising, marketing, promoting. selling or offering for sale of any products or services, including apparel products; b.Distributing, delivering, shipping, importing, exporting, advertising, marketing. promoting. selling or offering for sale, giving away, and/or otherwise dealing in any inventory remaining after the termination of the license agreement between Head and Defendant bearing the HEAD Marks and as further set forth in this Order; IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defendants and each of those persons described in the initial paragraph of Clause 1 hereof,shall forthwith deliver up to Head any and all infringing or counterfeit products and any and all packaging, labels, tags, advertising and promotional materials, and any other materials in such person's possession, custody or control bearing the HEADS Marks pursuant to 15 U.S.C. § 1118. This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order. The Clerk shall close the case. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/2/24) (yv) |
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| 80 | 80
1
pgs
order
Order
Fri 08/02 4:18 PM
MEMORANDUM ON DEFAULT JUDGMENT. The Court today has granted plaintiff's motion for a default judgment and permanent injunction but has modified the terms of the document proposed by Plaintiff. The modifications, however, are intended only for clarification, to eliminate superfluous language, and to confine the scope of the order to the appropriate bounds and as further set forth in this Order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/2/24) (yv) |
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| 79 | 79
order
Order on Motion for Default Judgment
Fri 08/02 3:42 PM
ORDER granting in part and denying in part73 Motion for Default Judgment (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis) |
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misc
Notice to Court Regarding Proposed Order
Fri 08/02 12:11 PM
***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 77 Proposed Default Judgment was reviewed and approved as to form. (km) |
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| Thursday, August 01, 2024 | ||
| 78 | 78
service
Certificate of Service Other
Thu 08/01 5:28 PM
CERTIFICATE OF SERVICE of Court's July 3, 2024 Order and Plaintiff's Motion for Default Judgment served on Up Town Sport Inc. on August 1, 2024. Service was made by Mail. Document filed by Head Sport GmbH..(Deni, William) |
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| 77 | 77
misc
Proposed Default Judgment
Thu 08/01 5:24 PM
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Head Sport GmbH..(Deni, William) |
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| 76 | 76
trial
Proposed Findings of Fact
Thu 08/01 5:22 PM
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Head Sport GmbH..(Deni, William) |
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| 75 | 75
respm
Declaration in Support of Motion
Thu 08/01 5:20 PM
DECLARATION of William P. Deni, Jr. in Support re:73 MOTION for Default Judgment as to Defendant Up Town Sport Inc. .. Document filed by Head Sport GmbH..(Deni, William) |
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| 74 | 74
28
pgs
respm
Memorandum of Law in Support of Motion
Thu 08/01 5:19 PM
MEMORANDUM OF LAW in Support re:73 MOTION for Default Judgment as to Defendant Up Town Sport Inc. . . Document filed by Head Sport GmbH..(Deni, William) |
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| 73 | 73
motion
Default Judgment
Thu 08/01 5:16 PM
MOTION for Default Judgment as to Defendant Up Town Sport Inc. . Document filed by Head Sport GmbH..(Deni, William) |
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