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Kenneth Jay Lane, Inc. v. Heavenly Apparel, Inc.

United States District Court, S.D. New York
Mar 21, 2006
03 CV 2132 (GBD) (KNF) (S.D.N.Y. Mar. 21, 2006)

Summary

holding that where the plaintiff did not provide the court with any information about the corporate defendant's business, "market in which [the defendant] sold or is continuing to sell counterfeit products, or any estimate of the volume of products bearing the plaintiff's marks sold by the defendant" $125,000 per infringed mark was appropriate because that amount would sufficiently "impress upon [defendant] that there are consequences for its misconduct" and would "serve as a specific deterrent to [defendant] and as a general deterrent to others who might contemplate engaging in infringing behavior in the future"

Summary of this case from Dentsply Sirona Inc. v. L I K Supply, Corp.

Opinion

03 CV 2132 (GBD) (KNF).

March 21, 2006


ORDER


After entering a judgment of default in this action, the Court referred this matter to Magistrate Judge Kevin N. Fox for an inquest on damages. He issued a Report and Recommendation ("Report") recommending plaintiff be awarded: (a) $331,250 in damages for breach of contract, with prejudgment interest calculated by the Clerk of the Court at the rate of 9% per year, from January 6, 2003; and (b) $375,000 in statutory damages for trademark infringement. The magistrate judge also recommended that plaintiff be awarded postjudgment interest, calculated by the Clerk of the Court from May 3, 2004, in accordance with 28 U.S.C. § 1961. In the Report, the magistrate judge advised the parties that failure to file timely objections will result in a waiver of objections and will preclude appellate review. No party filed objections to the Report and the time to do so has expired. 28 U.S.C. § 636(b)(1).

The Court may accept, reject or modify, in whole or in part, the findings and recommendation set forth within the Report. 28 U.S.C. § 636(b)(1). Where there are no objections, the Court may accept the Report provided there is no clear error on the face of the record. Nelson v. Smith, 618 F.Supp. 1186, 1189 (S.D.N.Y. 1985); see also Heisler v. Kralik, 981 F.Supp. 830, 840 (S.D.N.Y. 1997), aff'd sub nom. Heisler v. Rockland County, 164 F.3d 618 (2d Cir. 1998).

After reviewing the Report, the Court finds that the record is not facially erroneous. Therefore, the Court adopts the Report in its entirety and, for the reasons stated therein, the Court directs the Clerk of the Court to enter judgment in accordance therewith.


Summaries of

Kenneth Jay Lane, Inc. v. Heavenly Apparel, Inc.

United States District Court, S.D. New York
Mar 21, 2006
03 CV 2132 (GBD) (KNF) (S.D.N.Y. Mar. 21, 2006)

holding that where the plaintiff did not provide the court with any information about the corporate defendant's business, "market in which [the defendant] sold or is continuing to sell counterfeit products, or any estimate of the volume of products bearing the plaintiff's marks sold by the defendant" $125,000 per infringed mark was appropriate because that amount would sufficiently "impress upon [defendant] that there are consequences for its misconduct" and would "serve as a specific deterrent to [defendant] and as a general deterrent to others who might contemplate engaging in infringing behavior in the future"

Summary of this case from Dentsply Sirona Inc. v. L I K Supply, Corp.

finding that under the terms of the License Agreement, "the defendant agreed that, upon default, it would pay, in an accelerated fashion, all royalty payments due under the License Agreement" and awarding "the minimum amount of royalty payments to which [the plaintiff] would have been entitled during the entire term of the parties' contract"

Summary of this case from Am. Outdoorsman, Inc. v. Shadow Beverages & Snacks, LLC

adopting report and recommendation

Summary of this case from Sream, Inc. v. Khan Gift Shop, Inc.

deeming defendant's infringement willful based on default, and therefore finding an award of attorneys' fees appropriate

Summary of this case from AW Indus. Inc. v. Sleepingwell Mattress Inc.

awarding statutory damages of $125,000 per infringed mark

Summary of this case from Gucci America, Inc. v. Tyrrell-Miller

awarding both accelerated royalties due under a license agreement as well as statutory damages

Summary of this case from PERRY ELLIS INTERNATIONAL, INC. v. URI CORPORATION
Case details for

Kenneth Jay Lane, Inc. v. Heavenly Apparel, Inc.

Case Details

Full title:KENNETH JAY LANE, INC., Plaintiff, v. HEAVENLY APPAREL, INC., Defendant

Court:United States District Court, S.D. New York

Date published: Mar 21, 2006

Citations

03 CV 2132 (GBD) (KNF) (S.D.N.Y. Mar. 21, 2006)

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