Tiffany (NJ) LLC v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule “A”

CourtDistrict Court, S.D. Florida
DecidedDecember 10, 2025
Docket1:25-cv-24398
StatusUnknown

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Bluebook
Tiffany (NJ) LLC v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule “A”, (S.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 25-cv-24398-BLOOM/Elfenbein TIFFANY (NJ) LLC,

Plaintiff,

v.

THE INDIVIDUALS, BUSINESS ENTITIES, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE “A,”

Defendants. _________________________________________/

ORDER ON MOTION FOR ENTRY OF DEFAULT FINAL JUDGMENT

THIS CAUSE is before the Court upon Plaintiffs Tiffany (NJ) LLC’s (“Plaintiff”), Motion for Entry of Default Final Judgment Against Defendants, ECF No. [42] (“Motion”), filed on November 20, 2025. A Clerk’s Default was entered against Defendants on October 28, 2025, ECF No. [40], as Defendants failed to appear, answer, or otherwise plead to the Amended Complaint, ECF No. [16], despite having been served. See ECF No. [32]. The Court has carefully considered the Motion, the record in this case, the applicable law, and is otherwise fully advised. For the following reasons, Plaintiff’s Motion is granted. II. INTRODUCTION Plaintiff sued Defendants for trademark counterfeiting and infringement under § 32 of the Lanham Act, 15 U.S.C. § 1114; false designation of origin under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); common-law unfair competition; and common-law trademark infringement. The Amended Complaint alleges that Defendants are promoting, advertising, distributing, offering for sale, and/or selling goods bearing and/or using counterfeits and confusingly similar imitations of Plaintiff’s registered trademarks within the Southern District of Florida through various Internet based e-commerce stores operating under their seller names identified on Schedule “A” attached to Plaintiff’s Motion for Entry of Default Final Judgment (the “E-commerce Store Names”). See Motion, ECF No. [42] at 20-21.

Plaintiff further asserts that Defendants’ unlawful activities have caused and will continue to cause irreparable injury 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 Plaintiff’s association with Defendants’ goods and the e- commerce stores that market and sell the goods; and (4) wrongfully traded and capitalized on Plaintiff’s reputation and goodwill, as well as the commercial value of Plaintiff’s trademarks. In its Motion, Plaintiff seeks the entry of default final judgment against Defendants1 in an action alleging trademark counterfeiting and infringement, false designation of origin, common- law unfair competition, and common-law trademark infringement. Plaintiff further requests that the Court (1) enjoin Defendants from producing or selling goods that infringe its trademarks; (2) cancel, or at Plaintiff’s election, transfer the E-commerce Store Names to Plaintiff; (3) assign all rights, title, and interest to the E-commerce Store Names to Plaintiff and permanently disable, delist, or deindex the websites’ uniform resource locators (“URLs”) of the E-commerce Store Names from all internet search engines; (4) require Defendants to instruct the Registrar for each E-commerce Store Name to permanently close the registration account(s) in which any E- commerce Store Name is located; (5) authorize Plaintiff to request any e-mail service provider permanently suspend the e-mail addresses which are or have been used by Defendants in

1 Defendants are the Individuals, Business Entities, and Unincorporated Associations identified on Schedule “A” of Plaintiff’s Motion, and Schedule “A” of this Order. See ECF No. [42] at 20-21. Case No. 25-cv-24398-BLOOM/Elfenbein

connection with Defendants’ promotion, offering for sale, and/or sale of goods bearing and/or using counterfeits and/or infringements of Plaintiff's trademarks; and (6) award statutory damages. 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. “[A] defendant’s default does not in itself warrant the court entering a default judgment.” DirecTV, Inc. v. Huynh, 318 F. Supp. 2d 1122, 1127 (M.D. Ala. 2004) (quoting Nishimatsu Constr. Co., Ltd. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (Sth Cir. 1975)). Granting a motion for default judgment is within the trial court’s discretion. Nishimatsu, 515 F.2d at 1206. Because the defendant is not held to admit facts that are not well pleaded or to admit conclusions of law, the court must first determine whether there is a sufficient basis in the pleading for the judgment to be entered. See id.; see also Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987) (“[L]iability is well-pled in the complaint, and is therefore established by the entry of default... .”). Upon a review of Plaintiffs submissions, it appears there 1s a sufficient basis in the pleading for the default judgment to be entered in favor of Plaintiff. II. FACTUAL BACKGROUND? Plaintiff is the owner of the following trademarks (the “Tiffany Marks”), which are valid and registered on the Principal Register of the United States Patent and Trademark Office (USPTO):

Number Date

* The factual background is taken from Plaintiff's Amended Complaint, ECF No. [16], Plaintiff's Motion for Entry of Default Final Judgment Against Defendants, ECF No. [42], and supporting evidentiary submissions.

Case No. 25-cv-24398-BLOOM/Elfenbein

eANY, September 5, ait 0,023,573 1893 IC 14 — Jewelry and Watches. IC 14 — Jewelry for Personal Wear, Not Including Watches; and Flat and Hollow TIFFANY 0,133,065 July 6, 1920 Ware Made of or Plated with Precious Metal. IC 14 — Decorative Art Objects Made in Whole or in Part of Precious or Semi- Precious Metals-Namely, Figurines, Boxes, Bowls, Trays, Jewelry, Metal February 22 Wares Made in Whole or in Part of TIFFANY & CO. 1,228,189 Y*> Precious or Semi-Precious Metals- 1983 Namely, Business Card Cases, Candelabras, Candlesticks, Cigar and Cigarette Boxes, Napkin Rings, and Bookmarks, Semi-Precious Stones, Natural and Cultured Pearls. IC 14 — Decorative Art Objects Made in Whole or in Part of Precious or Semi- February 22, |Precious Metals-Namely, Figurines, TIFFANY 1,228,409 1983 Boxes, Bowls, Trays, Jewelry, Semi- Precious Stones, and Natural and Cultured Pearls. IC 14-—All Types of Jewelry Made of, or T& CO. 1,669,365 December 24, in Part of, Precious Metals and/or with 199] . . . Precious or Semi-Precious Stones. IC 14 — Jewelry; watches and clocks; decorative art objects made in whole or in 2,359,351 Tune 20, 2000 part of precious metals and their alloys, namely, figurines, boxes. IC 21 — Decorative boxes, boxes.

5,176,498 April 4, 2017 {IC 14 —- Jewelry

See Decl. of Annabelle Greseth (Greseth Decl.), ECF No. [9-1] § 4; ECF No. [16-1] (containing Certificates of Registrations for the Tiffany Marks at issue). The Tiffany Marks are used in

connection with the manufacture, promotion, distribution, and sale of high-quality goods in the categories identified above. See Greseth Decl., ECF No. [9-1] ¶¶ 4-5. Defendants, by operating the Internet based e-commerce stores under the seller names (the “E-commerce Store Names”) identified on Schedule “A” have advertised, promoted, offered for

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