Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Luv N' Care Ltd. v. Atziloose LLC

United States District Court, W.D. Louisiana, Monroe Division

November 29, 2017

LUV N' CARE, LTD., ET AL.
v.
ATZILOOSE, LLC, ET AL.

          KAREN L. HAYES JUDGE.

          RULING

          ROBERT G. JAMES UNITED STATES DISTRICT JUDGE

         Pending before the Court is a Motion for Confirmation of Default [Doc. No. 19] filed by Plaintiffs Luv N' Care, Ltd. (“LNC”), and Admar International, Inc. (“Admar”). Plaintiffs seek confirmation of default and a final judgment ordering Defendant Bombino Express Pvt. Ltd. (“Bombino”) to pay $10, 000.00 for lost sales, attorneys' fees and costs, and the issuance of an injunction prohibiting Bombino and its agents, and those in active concert with them, from further infringement of Plaintiffs' intellectual property. For the following reasons, the motion is GRANTED IN PART and DENIED IN PART.

         I. FACTS AND BACKGROUND

         This is a case of intellectual property infringement. Since the 1980's, LNC has been in the business of designing and selling products for babies and young children. LNC's headquarters are in Monroe, Louisiana, where it conducts most of its business, maintains its corporate books and records, and where most of its employees, officers and directors are located. LNC's products are purchased and sold in Louisiana by independent retailers under various Louisiana registered trademarks including the mark NUBY, a distinctive symbol, which is registered with the Louisiana Secretary of State and the United States Patent and Trademark Office. LNC is a licensee of the NUBY mark outside the State of Louisiana.

         Bombino is a limited liability company organized under the State of New York. The company is headquartered in India, according to Plaintiffs, and copies successful products using lower quality materials and craftsmanship then sells them at lower prices.

         Bombino has copied Plaintiffs' successful feeding spoon design, offered it for sale on Amazon.com using Plaintiffs' trademarks and has sold that product in the United States, shipping it from India via its U.S. office. Plaintiffs served Bombino at its New York office as evidenced by the Return of Service filed with the Court. Bombino has not answered or otherwise made an appearance.

         On June 9, 2017, the Clerk of Court entered a default against Bombino. [Doc. No. 16].

         On November 21, 2017, Plaintiffs filed the instant Motion for Confirmation of Default. [Doc. No. 19].

         II. LAW AND ANALYSIS

         A. Default Judgment

         An entry of default is appropriate “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise.” Fed.R.Civ.P. 55(a).

         After 14 days have elapsed since the Clerk's entry of default, under Local Rule 55, a party may move for entry of default judgment. Rule 55(b)(2) provides for the entry of a default judgment by the Court, rather than the Clerk of Court, when the plaintiff's claim is not a “sum certain or a sum that can be made certain by computation.” Fed.R.Civ.P. 55(b)(1), (2).

         B. Lanham ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.