United States of America v. Able Time Inc

Filing 278

JUDGMENT by Judge Consuelo B. Marshall. IT IS ORDERED, ADJUDGED, AND DECREED as follows: 1. Judgment shall be and hereby is entered in favor of the plaintiff as to its claim for a civil penalty against Able Time pursuant to 19 U.S.C. § 1926(f). Within thirty (30) days of the filing date of this judgment, Able Time shall pay Customs the sum of $32,940; 2. Able Time's motions for judgment notwithstanding the verdict and for summary judgment are DENIED 250 ; and 3. Able Time's counterclaim and affirmative defenses are meritless and Able Time shall take nothing by virtue of its counterclaim and affirmative defenses. See document nos. 248 , 250 , 259 , 260 , 271 . (MD JS-6, Case Terminated). (lom)

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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
JOHN E. LEE (CBN 128696)
Assistant United States Attorneys
1400 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

JS-6

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Attorneys for Plaintiff
and Counter-Defendant
UNITED STATES OF AMERICA

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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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UNITED STATES OF AMERICA,
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) NO. CV 04-2695-CBM(PLAx)
)
Plaintiff,
) JUDGMENT
v.
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ABLE TIME, INC.,
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a California corporation,
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Defendant,
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__________________________________)
)
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AND RELATED ACTION.
)
)
__________________________________)

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This matter came on for a jury trial, commencing on June 8,

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2010.

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(the “government”) was represented by Assistant United States

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Attorney John E. Lee.

Plaintiff and Counter-Defendant United States of America

Defendant and Counterclaimant Able Time,

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Inc. (“Able Time”) was represented by Elon A. Pollack, Esq., and

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Kayla R. Owens, Esq., of Stein, Shostak, Shostak, Pollack & O’Hara,

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and Robin R. Scroggie, Esq., of the Law Offices of Robin R.

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Scroggie.

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On June 11, 2010, a jury impaneled in this case returned a

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verdict in favor of the government in its case-in-chief.

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No. 237.)

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issues:

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that counterfeited a trademark duly registered and recorded by

(Docket

The jury found for the government on the following

(1) the watches being imported by Able Time bore a mark

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Tommy Hilfiger Licensing, LLC (“Tommy Hilfiger”), formerly Tommy

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Hilfiger Licensing, Inc., (2) Able Time’s mark was likely to cause

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confusion with Tommy Hilfiger’s registered and recorded trademark,

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and (3) the penalty amount assessed by Customs and Border

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Protection (“Customs”) on Able Time, $32,940, was reasonable.

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Thereafter, this matter was continued for Phase 2, a court

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trial of Able Time’s counterclaim challenging the constitutionality

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of 19 U.S.C. § 1526(f) and various affirmative defenses.

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Nos. 6 & 7.)

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regarding the constitutionality issue and other legal issues not

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requiring factual testimony.

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(Docket

On July 2, 2010, the Court ordered further briefing

(Docket No. 248.)

On July 9, 2010, Able Time filed a motion for judgment
notwithstanding the verdict.

(Docket No. 250.)

On August 4, 2010, the parties filed a joint stipulation of

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facts relating to Able Time’s counterclaim and affirmative

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defenses.

(Docket No. 255.)

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On September 7, 2010, Able Time filed motions for summary

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judgment as to its counterclaim and whether there was a seizure on

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which to base a penalty under 19 U.S.C. § 1526(f).
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(Docket Nos.

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259, 260.)

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judgment motions under submission.

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On October 18, 2010, the Court took Able Time’s summary
(Docket No. 271.)

On October 26, 2010 and November 30, 2010, a court trial was
held and this matter was thereafter submitted to the Court.
Having reviewed and considered the evidence and arguments
presented by the parties,

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IT IS ORDERED, ADJUDGED, AND DECREED as follows:

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1.

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Judgment shall be and hereby is entered in favor of the
plaintiff as to its claim for a civil penalty against

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Able Time pursuant to 19 U.S.C. § 1926(f).

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(30) days of the filing date of this judgment, Able Time

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shall pay Customs the sum of $32,940.

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2.

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Within thirty

Able Time’s motions for judgment notwithstanding the
verdict and for summary judgment are DENIED.

3.

Able Time’s counterclaim and affirmative defenses are

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meritless and Able Time shall take nothing by virtue of

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its counterclaim and affirmative defenses.

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DATED:___July 7, 2011_____________________

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________________________________
CONSUELO B. MARSHALL
Senior U.S. District Judge

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Presented by:

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_____/S/________________________
JOHN E. LEE
Assistant United States Attorney
Attorney for Plaintiff
and Counter-Defendant
UNITED STATES OF AMERICA

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