Lang Exterior Inc. v. Lang Windows Inc. et al

Filing 86

MOTION by Plaintiff Lang Exterior Inc. for judgment Against Defendants (Attachments: # 1 Text of Proposed Order)(Cahr, Darren)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
LANG EXTERIOR INC., an Illinois corporation
Plaintiff,

v.
LANG WINDOWS INC. and DIONNE LANG,
an Illinois corporation and
an individual
Defendants.

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No. 11-cv-5517

MOTION FOR ENTRY OF JUDGMENT AGAINST DEFENDANTS
Plaintiff, Lang Exterior Inc. (“Lang”) hereby moves this Court for entry of judgment
detailing the specific relief sought against Lang Windows and Dionne Lang (“Defendants”)
pursuant to Rule 54 of the Federal Rules of Civil Procedure. This Court has already granted
default judgment against Defendant Lang Windows [Dkt. #80] and Defendant Dionne [Dkt.
#85]. In support of its motion, Lang states as follows:
1.

Lang filed its Verified Complaint on August 12, 2011 alleging trademark

infringement, unfair competition, false advertising, consumer fraud and deceptive trade practices,
tortuous interference with prospective economic advantage, cybersquatting and conversion
arising from Defendants’ unauthorized and infringing use of Lang’s LANG and LANG
EXTERIOR trademarks in attempt to deceive consumers that Defendants competing company
was actually owned by, affiliated with, or sponsored by Lang.

2.

The history of this case is detailed in Lang’s previous pleadings, specifically its

Motion for Default Judgment against Defendant Lang Windows. See [Dkt. #76]. An entry of
default judgment was entered against Defendant Lang Windows on June 19, 2012. [Dkt. #80].
3.

On October 10, 2012, after a number of failures of Defendant Dionne to appear at

court or file an Answer, this Court granted Defendant Dionne until October 31, 2012 to file an
Answer, otherwise an entry of default judgment was to be entered against Defendant Dionne.
[Dkt. #84].
4.

Defendant Dionne failed to file an answer or appear at the status hearing on

November 15, 2012, and this Court granted default judgment against Defendant Dionne. [Dkt.
#85].
5.

Pursuant to the Court’s order of November 15, 2012, Lang is hereby submitting

its Motion for Judgment setting forth the specific relief sought by Lang against both Defendants.
[Dkt. #85].

WHEREFORE, Lang respectfully moves this Court to enter an order:
(A)

Granting judgment against Defendants on all counts of Lang’s Complaint;

(B)

Permanently enjoining Defendants’ use, in any manner whatsoever, of Lang’s

LANG and LANG EXTERIOR trademarks or any confusingly similar mark, including
phonetic equivalents, including without limitation all use by owners, officers, directors, agents,
shareholders, affiliates and/or employees of Defendants;
(C)

Permanently enjoining the representation, in any manner or by any method

whatsoever, that Defendants’ goods or services are sponsored, approved, or authorized by

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Lang, or from otherwise taking any action likely to cause confusion, mistake or deception on
the public as to the origin, approval, sponsorship or certification of such goods or services;
(D)

Directing Defendants to transfer the www.langwindowsinc.com domain name

to Lang within ten (10) days of the entry of this order, and further directing the applicable
registrar to effectuate such transfer from Defendants to Lang;
(E)

Requiring Defendants to deliver to the Court within fourteen (14) days of the

entry of this judgment any and all advertisements, brochures, promotional items and the like in
its possession or control which contain Lang’s LANG and/or LANG EXTERIOR trademarks,
or are likely to confuse consumers that Defendants’ goods or services are sponsored, approved,
or authorized by Lang;
(F)

Requiring Defendants to deliver to Lang within fourteen (14) days of the entry

of this judgment any Lang company laptop and/or Lang customer list in Defendants’
possession, custody or control, or otherwise provide Lang a sworn affidavit from Defendants
stating that such Lang company laptop and/or Lang customer list is not in Defendants’
possession, custody or control;
(G)

Permanently enjoining Defendants from the disparagement of Lang and/or

making false statements regarding Lang or any of its employees or officers, including, without
limitation, Dawn Lang, Darb Lang, Doreen Lang and Eugene Lang;
(H)

Requiring Defendants to turn over to Lang within fourteen (14) days of the

entry of this judgment detailed sales and financial information for the past two (2) years,
including any official tax returns as filed, in order to account for damages and profits due to
Lang because of the actions of Defendants that are the subject of this suit;

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(I)

That Lang be permitted to conduct third party discovery regarding Defendants’

financial relationships with third party manufacturers and vendors, including but not limited to
Polaris Technologies and Silver Line Windows, a subsidiary of Andersen Corporation, so that
Lang can accurately account for damages and profits due to Lang because of the actions of
Defendants that are the subject of this suit;
(J)

That Defendants be ordered to pay Lang’s costs and attorneys’ fees incurred in

pursuing this action, including the failed settlement process and this motion for judgment,
which shall be provided to this Court in a separate filing under seal after completion of the
accounting and discovery contemplated in (H) and (I) above; and
(K)

That Lang have such other and further relief as this Court may deem

appropriate.

LANG EXTERIOR, INC.
Dated: December 10, 2012

/s/Darren S. Cahr
Darren S. Cahr
Jeffrey T. Baravetto
DRINKER BIDDLE & REATH LLP
191 N. Wacker Dr. Suite 3700
Chicago, IL 60606
[phone]
Counsel for Plaintiff Lang Exterior Inc.

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CERTIFICATE OF SERVICE
The undersigned attorney certifies that on December 10, 2012 a copy of the following
documents were served via US Mail:


Notice of Motion for Judgment Against Defendants



Motion For Entry of Judgment Against Defendants



Proposed Order on Entry of Judgment

upon Defendant:
Dionne Lang
5441 Fairmount Ave.
Downers Grove, IL 60515

/s/Darren S. Cahr

CH01/ 26054505.2

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