United States District Court, W.D. Louisiana, Monroe Division
LUV N' CARE, LTD., ET AL.
ATZILOOSE, LLC, ET AL.
L. HAYES JUDGE.
G. JAMES UNITED STATES DISTRICT JUDGE
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.
FACTS AND BACKGROUND
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
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
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.
9, 2017, the Clerk of Court entered a default against
Bombino. [Doc. No. 16].
November 21, 2017, Plaintiffs filed the instant Motion for
Confirmation of Default. [Doc. No. 19].
LAW AND ANALYSIS
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).
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).