Commscope, Inc. v. Commscope (U.S.A.) International Group Co.

809 F. Supp. 2d 33, 2011 U.S. Dist. LEXIS 92381, 2011 WL 3651050
CourtDistrict Court, N.D. New York
DecidedAugust 18, 2011
DocketNo. 1:10-CV-1322 (GTS/DRH)
StatusPublished
Cited by16 cases

This text of 809 F. Supp. 2d 33 (Commscope, Inc. v. Commscope (U.S.A.) International Group Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commscope, Inc. v. Commscope (U.S.A.) International Group Co., 809 F. Supp. 2d 33, 2011 U.S. Dist. LEXIS 92381, 2011 WL 3651050 (N.D.N.Y. 2011).

Opinion

MEMORANDUM-DECISION and ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court in this trademark infringement action, filed by CommScope, Inc., of North Carolina (“Plaintiff’) against Commscope (U.S.A.) International Group Co., Ltd. (“Defendant”), is Plaintiffs motion for default judgment pursuant to Fed.R.Civ.P. 55(b). (Dkt. No. 12, Attach 3.) For the reasons set forth below, Plaintiffs motion is granted.

I. RELEVANT BACKGROUND

A. Plaintiffs Complaint

Liberally construed, Plaintiffs Complaint asserts the following six claims against Defendant: (1) trademark infringement under the Lanham Act; (2) false designation of origin under the Lanham Act; (3) trademark infringement under New York State common law and N.Y. Gen. Bus. Law § 360 — k; (4) injury to business reputation and dilution under New York State common law and N.Y. Gen. Bus. Law § 360-i; (5) unfair competition under New York State common law; and (6) deceptive acts and practices under New York State common law and N.Y. Gen. Bus. Law § 349. (Dkt. No. 1.) Generally, in support of these claims, Plaintiffs Complaint alleges, among other things, that Defendant has used Plaintiffs registered trademark in association with its sale of goods or services similar to those sold by Plaintiff (i.e., communications products), without Plaintiffs permission, in both the United States and China. (Id.) Familiarity with the remaining factual allegations supporting these five claims is assumed in this Decision and Order, which is intended primarily for review by the parties.

[36]*36B. Plaintiffs Service of Its Complaint and Defendant’s Failure to Answer

On November 4, 2010, Plaintiff served its Complaint on Defendant. (Dkt. No. 7.) As of the date of this Decision and Order, Defendant has filed no Answer to that Complaint. (See generally Docket Sheet.)

C. Clerk’s Entry of Default and Defendant’s Non-Appearance

On December 3, 2010, Plaintiff filed and served a request that the Clerk of the Court enter Defendant’s default pursuant to Fed.R.Civ.P. 55(a). (Dkt. No. 9.) On December 6, 2010, the Clerk entered such default. (Dkt. No. 11.) As of the date of this Decision and Order, Defendant has not appeared and/or attempted to cure that entry of default. (See generally Docket Sheet.)

D. Plaintiffs Motion for Default Judgment and Defendant’s Non-Response

On January 3, 2011, Plaintiff filed and served a motion for default judgment pursuant to Fed.R.Civ.P. 55(b). (Dkt. Nos. 12-13.) As of the date of this Decision and Order, Defendant has filed no response to that motion. (See generally Docket Sheet.)

Generally, in support of its motion for default judgment, Plaintiff argues that it has satisfied the two-step default judgment process required by Fed.R.Civ.P. 55. (Dkt. No. 12, Attach 3, at 5.) Familiarity with the particular grounds of Plaintiffs motion for default judgment is assumed in this Decision and Order, which is intended primarily for review of the parties.

II. RELEVANT LEGAL STANDARD

Federal Rule of Civil Procedure 55 provides a two-step process that the Court must follow before it may enter a default judgment against a defendant.” Robertson v. Doe, 05-CV-7046, 2008 WL 2519894, at *3 (S.D.N.Y. June 19, 2008). “First, under Rule 55(a), when a party fails to ‘plead or otherwise defend ... the clerk must enter the party’s default.’ ” Robertson, 2008 WL 2519894, at *3 (quoting Fed. R.Civ.P. 55[a]). “Second, pursuant to Rule 55(b)(2), the party seeking default judgment is required to present its application for entry of judgment to the court.” Id. “Notice of the application must be sent to the defaulting party so that it has an opportunity to show cause why the court should not enter a default judgment.” Id. (citing Fed.R.Civ.P. 55[b][2]).

III. ANALYSIS

A. Liability

After carefully considering Plaintiffs unopposed motion, the Court is satisfied that Plaintiff has met its modest threshold burden in establishing entitlement to a default judgment against Defendant on the issue of liability, under the circumstances.1 The Court notes that Plaintiffs motion on the issue of liability would survive even the heightened scrutiny appropriate on a contested motion.

For example, for the reasons stated above in Part I of this Decision and Order, the Court finds that due notice of this [37]*37action has been given to Defendant. However, no Answer has been filed and no one has appeared on behalf of Defendant. In addition, the Clerk has already entered default against Defendant, and Plaintiff has served Defendant with its motion for the issuance of default judgment. However, Defendant has still neither responded to the motion nor appeared in this action. Finally, the Court finds that the factual allegations of the Complaint are sufficient to state a claim upon which relief can be granted. See W.A.W. Van Limburg Stirum et al. v. Whalen et al., 90-CV-1279, 1993 WL 241464, at *4 (N.D.N.Y. June 29, 1993) (Munson, J.) (holding that “[bjefore judgment can be entered, the court must determine whether plaintiffs factual allegations are sufficient to state a claim for relief ... the court may exercise its discretion to require some proof of the facts that must be established in order to determine liability”).

More specifically, Plaintiff asserts six claims in this action. As stated above in Part I.A. of this Decision and Order, two of these claims are for trademark infringement and false designation of origin under the Lanham Act, two are for trademark infringement and unfair competition under New York law, one is for injury to business reputation and dilution under New York General Business Law § 360—Z, and one is for deceptive and unfair trade practices under § 349 of New York General Business Law.

1. Plaintiffs Causes of Action for Trademark Infringement and False Designation of Origin Under the Lanham Act

A plaintiffs factual allegations, except those relating to damages, must be accepted as true where, as here, the defendant defaults. See, e.g., Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105

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809 F. Supp. 2d 33, 2011 U.S. Dist. LEXIS 92381, 2011 WL 3651050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commscope-inc-v-commscope-usa-international-group-co-nynd-2011.