Chanel, Inc. v. Besumart.com

240 F. Supp. 3d 1283, 2016 U.S. Dist. LEXIS 189469, 2016 WL 8678058
CourtDistrict Court, S.D. Florida
DecidedSeptember 7, 2016
DocketCASE NO. 16-61135-CIV-ALTONAGA/O’Sullivan
StatusPublished
Cited by49 cases

This text of 240 F. Supp. 3d 1283 (Chanel, Inc. v. Besumart.com) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chanel, Inc. v. Besumart.com, 240 F. Supp. 3d 1283, 2016 U.S. Dist. LEXIS 189469, 2016 WL 8678058 (S.D. Fla. 2016).

Opinion

ORDER

CECILIA M. ALTONAGA, UNITED STATES DISTRICT JUDGE

THIS CAUSE came before the Court upon Plaintiff, Chanel, Inc.’s (“Plaintiff[’s]” or “Chanelf’s]”), Motion for Entry of Final Default Judgment ... (“Motion”) [ECF No. 52], filed August 17, 2016. Plaintiff seeks entry of a default final judgment pursuant to Federal Rule of Civil Procedure 55(b) against Defendants, the individuals, partnerships, and unincorporated associations identified on .Schedule A below (collectively, “Defendants”),1 who operate Internet websites and Internet based e-commerce stores infringing Plaintiffs trademarks, and promote and séll counterfeit goods bearing Plaintiff s' trademarks. (See generally id.). Plaintiff requests the Court: (1) enjoin Defendants from producing or selling goods that infringe its trademarks; (2) disable, or at Plaintiffs election, transfer the domain names at issue to Plaintiff; and (3) award statutory damages. (See id.).

The Clerk entered Defaults [ECF Nos. 32, 40] against Defendants on July 7, 2016 and July 19, 2016, respectively, as Defendants failed to appear, answer, or otherwise defend, despite having been served. (See Summons (Affidavit) Returned Executed [ECF Nos. 22-25]). The Court has carefully considered the Motion, the record, and applicable law.

I. INTRODUCTION

Plaintiff sues Defendants for trademark counterfeiting and infringement under section 32(a) of the Lanham Act, 15 U.S.C. section 1114; false designation of origin under section 43(a) of the Lanham Act, 15 U.S.C. section 1125(a); common law unfair competition; and common law trademark infringement. (See generally Complaint for Damages ... (“Complaint”) [ECF No. 1]). Plaintiff alleges Defendants are promoting, advertising, distributing, offering for sale and selling counterfeit products, and infringing Plaintiffs branded products within the Southern District of Florida through the fully interactive, commercial Internet websites and Internet based e-commerce stores operating under various domain names and seller identification names (the “Subject Domain Names and Seller IDs”).2 (See. generally id.). Plaintiff maintains Defendants’ unlawful activities have caused and will continue to cause irreparable inju[1287]*1287ry to Plaintiff because Defendants have: (1) deprived Plaintiff of its right to determine the manner in which its trademarks are presented to the public through merchandising; (2) ’ defrauded the public into thinking Defendants’ goods are goods authorized by Plaintiff; (3) deceived the public as to Plaintiffs association with Defendants’ goods and the websites that market and sell the goods; and (4) wrongfully traded and capitalized on Plaintiffs'reputation and goodwill as well as the commercial value of Plaintiffs trademarks. (See id.).

II. BACKGROUND3

A. Factual Background

. Plaintiff is the owner of the following trademarks registered on the. Principal Register of the United States Patent and Trademark Office (collectively, the “Chanel Marks”):

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(See Declaration of Adrienne Hahn Sisbar- ¶ 4). ro (“Hahn Declaration”) [ECF No. 7-1]

[1288]*1288The Chanel Marks are used in connection with the manufacture and distribution of high quality goods in the categories identified. (See id.). Plaintiffs representative reviewed and visually inspected Defendants’ Subject Domain Names and Seller IDs, together with all of the items bearing the Chanel Marks offered for sale by Defendants thereunder, including web page captures of the Chanel-branded goods purchased, and determined the products were non-genuine, unauthorized versions of Plaintiffs products. (See id. ¶¶ 12-15). Based on its investigation, Plaintiff alleges Defendants have advertised, promoted, offered for sale, and/or sold goods bearing what Plaintiff has determined to be counterfeits, infringements, reproductions, and/or colorable imitations of Plaintiffs marks. (See id.). Defendants are not now, nor have they ever been, authorized or licensed to use, reproduce, or make counterfeits, reproductions, and/or colorable imitations of the Chanel Marks. (See id. ¶¶ 9,13,15).

B. Procedural Background

On May 26, 2016, Plaintiff filed its Complaint against Defendants. On June 1, 2016, Plaintiff filed an Ex Parte Application for Order Authorizing Alternate Service of Process ... (“Application for Alternate Service”) [ECF No. 10], The Court entered an Order granting Plaintiffs Application for Alternate Service on June 2, 2016. (See Order [ECF No. 11]). Pursuant to the June 2, 2016 Order, Plaintiff served each Defendant with a Summons and copy of the Complaint via electronic mail on June 2, 2016 or June 3, 2016. (See Declaration of Virgilio Gigante ... (“Gigante Declaration”) [ECF No. 52-1] 116). Plaintiff filed the Proofs of Service as to Defendants on June 16, 2016. (See [ECF Nos. 22-25]).

The time allowed for Defendants to respond to the Complaint has expired. (See Gigante Decl. ¶7). Defendants have not been granted any extension of time to respond, nor have they served or filed an answer or other response. (See id. ¶ 8). To Plaintiffs knowledge, Defendants are not infants or incompetent persons, and the' Servicemembers Civil Relief Act does not apply. (See id. ¶ 9).

On July 6, 2016 and July 18, 2016, Plaintiff filed its Requests for Clerk’s Entry of Default. (See [ECF Nos. 31, 39]). As stated, the Clerk entered Defaults against Defendants for failure to appear, plead, or otherwise defend pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. On August 1, 2016, Plaintiff filed its Notice of Joint Liability. (See [ECF No. 50]). Plaintiff now moves the Court to grant default final judgment against Defendants. (See generally Mot.).

III. DEFAULT JUDGMENT STANDARD

Pursuant to Federal Rule of Civil Procedure 55(b)(2), the Court is authorized to enter a final judgment of default against a party who has failed to plead in response to a complaint. The entry of default constitutes an admission by Defendants of the well-pleaded allegations in the Complaint. See Cancienne v. Drain Master of S. Fla., Inc., No. 08-61123-CIV, 2008 WL 5111264, at *1 (S.D. Fla. Dec. 3, 2008) (“The well-pleaded allegations made in Plaintiffs Complaint ... are deemed admitted by [the defendant] by virtue of the default entered against it.” (alterations added) (citing Cotton v. Mass. Mut. Life Ins. Co., 402 F.3d 1267, 1277-78 (11th Cir. 2005))); see also Vaccaro v. Custom Sounds, Inc., No. 3:08-cv-776-J-32JRK, 2009 WL 4015569, at *1 (M.D. Fla. Nov. 19, 2009).

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Bluebook (online)
240 F. Supp. 3d 1283, 2016 U.S. Dist. LEXIS 189469, 2016 WL 8678058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chanel-inc-v-besumartcom-flsd-2016.