WISH ATLANTA LLC v. CONTEXTLOGIC INC

Filing 67

ORDER denying 64 Motion for Default Judgment; granting 66 Motion for Leave to File an Answer. Ordered by US DISTRICT JUDGE CLAY D LAND on 09/10/2015 (vac).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
WISH ATLANTA, LLC,

*

Plaintiff,

*

vs.

*

CONTEXTLOGIC, INC.,

*

Defendant.

*

CASE NO. 4:14-CV-51 (CDL)

*
O R D E R
Contextlogic, Inc. previously contended that Wish Atlanta,
LLC’s complaint did not contain claims for infringement of a
registered

trademark.

Wish

Atlanta

argued

that

it

did

but

sought leave to amend its complaint to clarify its claims, which
the Court granted.

Contextlogic never filed an answer to the

amended complaint.

Wish Atlanta now seeks an entry of default

on

its

two

trademark.

claims

related

to

infringement

of

a

registered

Contextlogic disputes that Wish Atlanta is entitled

to the entry of default and out of an abundance of caution has
filed

a

motion

for

leave

to

file

an

answer

to

the

amended

complaint.

The Court finds that due to the unusual procedural

posture

the

of

case,

the

consistent

denial

of

liability

by

Contextlogic on the claims now being asserted in the amended
complaint, and the lack of any unfair prejudice to Wish Atlanta,
good cause exists to allow Contextlogic to file an answer to the

amended

complaint

and

to

avoid

the

entry

of

default.

Accordingly, the Court denies Wish Atlanta’s motion for entry of
default (ECF No. 64), and grants Contextlogic’s motion for leave
to file an answer (ECF No. 66).

IT IS SO ORDERED, this 10th day of September, 2015.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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