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National Football League et al v. Comercial Lt Baroda S.A. et al

MEMORANDUM OF LAW in Support re: 9 MOTION for Default Judgment as to Defendants Comercial LT Baroda S.A. d/b/a BetUS and Commercial L.T. Baroda

11 Cited authorities

  1. Patsy's Brand, Inc. v. I.O.B. Realty, Inc.

    317 F.3d 209 (2d Cir. 2003)   Cited 185 times   1 Legal Analyses
    Holding that litigation conduct can form the basis for an award of attorney's fees where such conduct is "fraudulent."

  2. GTFM, Inc. v. Solid Clothing, Inc.

    215 F. Supp. 2d 273 (S.D.N.Y. 2002)   Cited 88 times
    Holding that because plaintiff had established a Lanham Act trademark infringement claim, and because defendants acted in bad faith, plaintiff had also established a common law claim for trademark infringement under New York law

  3. United We Stand America, Inc. v. United We Stand, America New York, Inc.

    128 F.3d 86 (2d Cir. 1997)   Cited 98 times
    Holding that the Lanham Act's reference to "use in commerce" extends to all activities within the scope of the Constitution's commerce clause

  4. U.S. v. Cohen

    260 F.3d 68 (2d Cir. 2001)   Cited 54 times   1 Legal Analyses
    Holding that sports betting was “illegal” under section 1084(b) where it was not a crime but was generally prohibited by law and the state constitution

  5. Trans Atlantic Airlines, Inc. v. Kambi Travel International

    05 Civ. 2552 (RLE) (S.D.N.Y. Apr. 17, 2006)   Cited 1 times
    Holding that "[t]he representations of counsel are not adequate to establish [plaintiff's] damages" on a motion for default judgment

  6. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  7. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  8. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 34,084 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  9. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 5,012 times   149 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125

  10. Section 1116 - Injunctive relief

    15 U.S.C. § 1116   Cited 2,800 times   29 Legal Analyses
    Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner

  11. Section 1118 - Destruction of infringing articles

    15 U.S.C. § 1118   Cited 470 times   1 Legal Analyses

    In any action arising under this chapter, in which a violation of any right of the registrant of a mark registered in the Patent and Trademark Office, a violation under section 1125(a) of this title, or a willful violation under section 1125(c) of this title, shall have been established, the court may order that all labels, signs, prints, packages, wrappers, receptacles, and advertisements in the possession of the defendant, bearing the registered mark or, in the case of a violation of section 1125(a)