Specialized Bicycle Components, Inc. v. 17 No.1-Own et al

Filing 44

Final Default Judgment And Permanent Injunction. Plaintiffs Motion for Default Judgment (ECF No. 42) is granted. DEFAULT JUDGMENT in favor of Specialized Bicycle Components, Inc. against 17 No.1-Own, 2KS96jkx0, 8jdsa7qiw, 9ish45DH, A KissMe, Albert F rench TCSP, Andres Hanson Escabias, Andy Wordsworth, Butler LUW, CALL ME J, CHELLE GRE, Cannot Help, DONGLE RENKESON, DaviRichardson, Dong Hui Store, Edwin ROBERSON, Forda Zarva, GTILO, GinaSoninc, IAN & ADAM, IdealLife, JANICE WILSON, James Parrish, Jorden Smither Happyshopping, KHarrisn, KT365-CD, Laterwwr, Lorena Martinezas, M&SDTing, Maisie Tighe, Mike DavisAS, Miki Minami, NICOlE MUNFORD, OOPLSMS, Patricia Bierley, Pippa Reeve, Sarah Hamilton a, Slate GXKL, Super Spowerful, Susueky, TEVEN&O RTI, Tankoo, Tran GO, Wayne Webber, YOU-SKTI, ZHJDLKS ZZ, ZMYOPI, brosin, cooperatomlggwau, crutchleanrxmno, da Ar, duroseaumfkrjbn, jun yu luo, lili liu, linqingquan, michale mcgee, renceburg, renjijuanndhnp, sam717, typewriter to, zenicham. Defendants, the Individuals, Partnerships, and Unincorporated Associations identified on Schedule A terminated. Signed by Judge Robert N. Scola, Jr on 8/30/2017. (kpe)

United States District Court
for the
Southern District of Florida
Specialized Bicycle Components,
Inc., Plaintiff,
v.
17 No.1-Own, and others,
Defendants.

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Case No. 17-61201-CIV-SCOLA

Final Default Judgment And Permanent Injunction
This matter is before the Court on the Plaintiff’s Motion for Default
Judgment (ECF No. 42). The Plaintiff has moved for a default judgment
consistent with Federal Rule of Civil Procedure 55(b)(2). Previously, the Clerk of
the Court entered a default under Rule 55(a) (ECF No. 36). “A defendant, by his
default, admits the plaintiff’s well-pleaded allegations of fact,” as set forth in
the operative complaint. Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc.,
561 F.3d 1298, 1307 (11th Cir. 2009). “Even when a default judgment is
warranted based on a party's failure to defend, the allegations in the complaint
with respect to the amount of damages are not deemed true. The district court
must instead conduct an inquiry in order to ascertain the amount of damages
with reasonable certainty.” Almeira v. GB House, LLC, No. 14–cv–00045, 2014
WL 1366808, at *1 (M.D. Fla. Apr. 7, 2014) (quoting In re Catt, 368 F.3d 789,
793 (7th Cir. 2004)). An evidentiary hearing on damages is unnecessary as long
as “the amount claimed is liquidated or capable of ascertainment from definite
figures contained in the documentary evidence or in detailed affidavits.”
Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d 1319,
1323 (7th Cir. 1983); see also S.E.C. v. Smyth, 420 F.3d 1225, 1231, 1232 n.13
(11th Cir. 2005).
The Court has carefully reviewed the Plaintiff’s motion, the record, and
the relevant legal authorities. Accordingly, it is ordered and adjudged that
Plaintiff’s Motion for Default Judgment (ECF No. 42) is granted. Judgment is
hereby entered in favor of Plaintiff, Specialized Bicycle Components, Inc.
[“Plaintiff”), and against Defendants, the Individuals, Partnerships, and
Unincorporated Associations identified on Schedule “A” hereto (collectively
“Defendants”), on all Counts of the Complaint as follows:
1. Permanent Injunctive Relief:
Defendants and their officers,

agents,

representatives,

servants,

employees and attorneys, and all persons acting in concert and participation
with them are hereby permanently restrained and enjoined from:
a.

manufacturing or causing to be manufactured, importing,
advertising, or promoting, distributing, selling or offering to sell
counterfeit and infringing goods using Plaintiff’s trademarks
identified in Paragraph 14 of the Complaint and Schedule “B”
attached thereto (the “Specialized Marks”);

b.

using the Specialized Marks in connection with the sale of any
unauthorized goods;

c.

using any logo, and/or layout which may be calculated to falsely
advertise the services or products of Defendants offered for sale or
sold via the Internet based e-commerce stores operating under
their seller identification names identified on Schedule “A” hereto
(the “Seller IDs”) and/or any other e-commerce store, seller
identity, website or business, as being sponsored by, authorized
by, endorsed by, or in any way associated with Plaintiff;

d.

falsely representing themselves as being connected with Plaintiff,
through sponsorship or association;

e.

engaging in any act which is likely to falsely cause members of the
trade and/or of the purchasing public to believe any goods or
services of Defendants offered for sale or sold via the Seller IDs
and/or any other e-commerce store, seller identity, website or
business, are in any way endorsed by, approved by, and/or
associated with Plaintiff;

f.

using any reproduction, counterfeit, copy, or colorable imitation of
the Specialized Marks in connection with the publicity, promotion,
sale, or advertising of any goods sold by Defendants via the Seller
IDs and/or any other e-commerce store, seller identity, website or
business;

g.

affixing, applying, annexing or using in connection with the sale of
any goods, a false description or representation, including words or
other symbols tending to falsely describe or represent goods offered
for sale or sold by Defendants via the Seller IDs and/or any other
e-commerce store, seller identity, website or business, as being
those of Plaintiff or in any way endorsed by Plaintiff;

h.

otherwise unfairly competing with Plaintiff;

i.

using the Specialized Marks, or any confusingly similar
trademarks, on e-commerce marketplace sites, from use on any
webpage (including as the title of any web page), from any
advertising links to other websites, from search engines’ databases
or cache memory, and from any other form of use of such terms
which is visible to a computer user or serves to direct computer
searches to Internet based e-commerce store website businesses
registered by, owned, or operated by Defendants, including the ecommerce stores operating under all of the Seller IDs; and

j.

effecting assignments or transfers, forming new entities or
associations or utilizing any other device for the purpose of
circumventing or otherwise avoiding the prohibitions set forth
above.

2. Additional Equitable Relief:
The Plaintiff is additionally entitled to the following equitable relief:
a.

Upon the Plaintiff’s request, the Internet marketplace website
operators and/or administrators for the Seller IDs, including but
not limited to Amazon.com, Inc., shall disable and/or cease
facilitating access to the Seller IDs, including any other alias seller
identification names being used and/or controlled by Defendants
to engage in the business of marketing, offering to sell, and/or
selling goods bearing counterfeits and infringements of the
Specialized Marks;

b.

Upon the Plaintiff’s request, the Internet marketplace website
operators and/or administrators, including but not limited to
Amazon.com, Inc., shall permanently remove any and all listings
and associated images of goods bearing counterfeits and/or
infringements of the Specialized Marks via the e-commerce stores
operating under the Seller IDs and any other alias seller
identification names being used and/or controlled by Defendants
to promote, offer for sale and/or sell goods bearing counterfeits
and/or infringements of the Specialized Marks; and

c.

Upon the Plaintiff’s request, any Internet marketplace website
operators and/or administrators, including but not limited to
Amazon.com, Inc., shall permanently cease fulfillment of and
sequester all goods of each Defendant bearing one or more of the
Specialized Marks in its inventory, possession, custody, or control,
and surrender those goods to the Plaintiff.

3. Statutory damages in favor of the Plaintiff pursuant to 15 U.S.C.
§ 1117(c) are determined to be $1,000,000.00 against each Defendant,
for which sum let execution issue. The awarded amount falls within the
permissible statutory range under 15 U.S.C. § 1117(c).

4. All funds currently restrained by Amazon Payments, Inc. (“Amazon”)
pursuant to the temporary restraining order and preliminary
injunction in this action, are to be immediately (within 5 business
days) transferred to the Plaintiff in partial satisfaction of the monetary
judgment entered herein against each Defendant. Amazon shall
provide to the Plaintiff at the time the funds are released, a
breakdown reflecting the (i) total funds restrained in this matter per
Defendant; (ii) the total chargebacks, refunds, and/or transaction
reversals deducted from each Defendant’s funds restrained prior to
release; and (iii) the total funds released per Defendant to the Plaintiff.
5. Interest from the date this action was filed shall accrue at the legal rate.
See 28 U.S.C. § 1961.
6. The Court retains jurisdiction to enforce this Judgment and permanent
injunction.
7. This case shall remain open as to Defendants huanyuanda (Defendant
Number 26), KEKEHOT (Defendant Number 35), Leigh E Pickens
(Defendant Number 40), NANSMBIR (Defendant Number 49), patti Kiser
(Defendant Number 53), QIWUEYR (Defendant Number 55), and
RIZIXUANG (Defendant Number 58), ONLY, until further Order of the
Court.
Done and ordered in chambers at Miami, Florida, on August 30, 2017.

________________________________
Robert N. Scola, Jr.
United States District Judge

SCHEDULE “A”
DEFENDANTS BY NUMBER AND SELLER ID
AND ASSOCIATED SELLER ID NUMBER
Defendant
Defendant / Seller ID
Number
1
17 No.1-Own

Amazon Seller ID
A2M8QWPMHSF7Z1

2

2KS96jkx0

A3EQ3KO4RB68YB

3

8jdsa7qiw

A1Z6BL9SCC50J0

4

9ish45DH

A1CLEYDU4NWO7P

5

A KissMe

A2SI6DOPZGUZFT

6

Albert French TCSP

A11C8X45OUH6T4

7

Andres Hanson Escabias

A2NH4KB152RD6Q

8

Andy Wordsworth

A1KGABAJZY7J3I

9

brosin

A16KAGTKU3GK1G

10

Butler LUW

A281DXQZQEP5IH

11

CALL ME J

A3HBS9Y50RTYE6

12

Cannot Help

A25ND5CWAR6S50

13

CHELLE GRE

A2U2JM8D6WEC5A

14

cooperatomlggwau

A3AX8W1NUGGI8I

15

crutchleanrxmno

AFG1873D7HM7F

16

da Ar

AQR1FJ7FSDRDK

17

DaviRichardson

A1E6P5XGO0OU3B

18

Dong Hui Store

A3SVESG4LDBTXK

19

DONGLE RENKESON

AAM6ZFZ44EK36

20

duroseaumfkrjbn

AT7IDX0VP1LC4

21

Edwin ROBERSON

A13E432VB4S00B

23

Forda Zarva

A1SBYT3EEC4T8C

24

GinaSoninc

AGSK4JIF2G6V3

25

GTILO

A3DF42A5HOQ9NN

27

IAN & ADAM

A30DRT6QG4QJPE

28

IdealLife

28

Ideal Life(10-15 Days Delivery)

29

James Parrish

ADC963TU18BGZ

30

JANICE WILSON

A1BC6SM5DFP5P8

A12SNQ85RNL7BP

31

Jorden Smither Happyshopping

A32ATZTIEB857R

33

jun yu luo

A37WZCRNGM3DF6

37

KHarrisn

A136IM4T2NDARV

38

KT365-CD

A12SDQPCXKESY4

39

Laterwwr

A3W3XLMOWC1RZQ

41

lili liu

A1QU9M2QRI0AB6

42

linqingquan

A1JEIJ6SA6KILP

43

Lorena Martinezas

A1PB7CEJLWBZXR

44

M&SDTing

A156ACA5RSP5FL

45

Maisie Tighe

A8PPIFU8KOGOS

46

michale mcgee

ARX8WPQ8WW7GM

47

Mike DavisAS

A1V5PTEXL02SEN

48

Miki Minami

A2360FOU2ZYST4

50

NICOlE MUNFORD

A149B7A3CT8Y1O

51

OOPLSMS

A1R17GKEKIV5SM

52

Patricia Bierley

A2Z5YPCO6CRN95

54

Pippa Reeve

A2HHFXOH679ESL

56

renceburg

AQWFBMQOS0I7B

57

renjijuanndhnp

A2JGFUFUHZ3A9N

59

sam717

A3MDCHCMPYX4JA

60

Sarah Hamilton a

A3VW0LX286SH27

61

Slate GXKL

A3559O4181KPQ5

62

Super Spowerful

A241NEIS2LXPNM

63

Susueky

AQ058GPK2Z673

64

Tankoo

A31HLWAD0EYJPF

65

TEVEN&ORTI

A3NAQTD3Z8AS3E

66

Tran GO

A3DQOMCMFOJRD2

67

typewriter to

A1YXFLSJC8W07U

69

Wayne Webber

A3JJ7VWSA2U3SG

70

Yinsoa Y

A3JOI7BKFBLQQG

71

YOU-SKTI

A1CKDKKM4S69AG

72

zenicham

A1HA8BRA1GYQSU

73

ZHJDLKS ZZ

A2SZ8EPRQ0JU3

74

ZMYOPI

A2ZSKUMMH7K9B5