Hakkasan LV, LLC et al v. EZ Lease Property Management, LLC

Filing 22

PERMANENT INJUNCTION AND DEFAULT JUDGMENT. ORDERED, ADJUDGED and DECREED that Judgment be entered in favor of Hakkasan LV LLC and Hakkasan Limited, and against defendant EZ Lease Property Management, LLC, on all counts of plaintiffs complaint. < P> ORDERED that defendant EZ Lease Property Management, LLC, also known as EZ Lease Propertys, its respective officers, agents, servants, employees, and/or all persons acting in concert or participation with it, are permanently enjoined (1) from usi ng plaintiffs trademarks or confusingly similar variations thereof. IT IS FURTHER ORDERED that defendant pay plaintiff Hakkasan LV, LLC $1,000 in nominal damages for corrective advertising; IT IS FURTHER ORDERED that defendant pay plaint iff Hakkasan LV, LLC statutory damages of $100,000.00 resulting from defendants willful trademark infringement; IT IS FURTHER ORDERED that defendant pay plaintiff Hakkasan LV, LLC statutory damages of $300,000.00 resulting from defendan ts willful cybersquatting; IT IS FURTHER ORDERED that defendant pay plaintiffs attorneys fees and costs in the amount of $31,011.70; IT IS FURTHER ORDERED that plaintiffs cash deposit of one hundred dollars ($100.00) be released f rom the registry account of this court and returned to Greenberg Traurig. IT IS FURTHER ORDERED that jurisdiction of this case shall be retained by this court for the purpose of enforcement of this Judgment. Signed by Judge Andrew P. Gordon on 11/24/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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MARK G. TRATOS, ESQ.
Nevada Bar No. 1086
[e-mail]
LAURI S. THOMPSON, ESQ.
Nevada Bar No. 6846
[e-mail]
LARAINE BURRELL, ESQ.
Nevada Bar No. 8771
[e-mail]
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiffs

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

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HAKKASAN LV, LLC, a Nevada
limited
liability
company,
HAKKASAN LIMITED, a foreign
private limited company,
Plaintiffs,

Case No.: 2:14-cv-00798
[PROPOSED] PERMANENT
INJUNCTION AND DEFAULT
JUDGMENT

v.
EZ LEASE PROPERTY
MANAGEMENT, LLC, also known as
EZ LEASE PROPERTYS, a Nevada
limited liability company,

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Defendant.

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Pursuant to Rule 55 of the Federal Rules of Civil Procedure, Plaintiffs HAKKASAN LV,

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LLC and HAKKASAN LIMITED (collectively “Hakkasan” or “plaintiffs”) filed a motion for entry

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of default judgment against Defendant EZ Lease Property Management, LLC, also known as EZ

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Lease Propertys (“defendant”). The defendant failed to respond to, or answer, plaintiffs’ complaint

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previously served upon defendant and therefore, the Clerk of the Court entered a default against

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defendant on July 22, 2014 [doc. no. 18]. This Court has given due consideration to plaintiffs’

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motion for such judgment as well as the papers, pleadings, and exhibits offered in support thereof;

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and the court being fully advised in the matter and there having been no appearance made by

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defendant, it is therefore,
LV 420278483v1

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ORDERED, ADJUDGED and DECREED that Judgment be entered in favor of Hakkasan

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LV LLC and Hakkasan Limited, and against defendant EZ Lease Property Management, LLC, on all

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counts of plaintiffs’ complaint; and it is further ordered and adjudged that said Judgment shall

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include the following specific findings of fact and award of specific relief:

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1.

Hakkasan Limited owns the mark HAKKASAN in connection with, among

other things, restaurant, bar and nightclub services. In particular, Hakkasan Limited owns a

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federal trademark registration (U.S. Reg. No. 3,789,248) for HAKKASAN for bar and

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restaurant services and a trademark registration (U.S. Reg. No. 4,458,604) for nightclubs,

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nightclub services in the nature of reservation and booking services for the purpose of

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GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

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arranging for admission to nightclubs, and related services (the “HAKKASAN Marks”).

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Hakkasan LV is a licensee of the HAKKASAN Marks in connection with its ownership and

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operation of Hakkasan Las Vegas and has the exclusive right to use the HAKKASAN Marks

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in Las Vegas, Nevada and on the intent in connection with such Vegas nightclub and

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services.

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2.

Based on Hakkasan Limited’s federal trademark registrations and extensive

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use, Hakkasan Limited owns the exclusive right to use its HAKKASAN Marks in connection

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with restaurant, bar, nightclub and related services. As a licensee of the HAKKASAN

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Marks, Hakkasan LV is entitled to the exclusive right to use the HAKKASAN Marks in Las

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Vegas, Nevada in connection with Hakkasan Las Vegas for restaurant, bar and nightclub

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services and is entitled to enforce its rights against defendants.

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3.

The extensive advertising and promotion of Hakkasan Las Vegas and the

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other Hakkasan locations around the world have resulted in the HAKKASAN name and

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mark being distinctive for restaurant, bar and nightclub services.

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4.

Defendant registered and used the HAKKASAN Marks as part of his

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infringing

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<mgmhakkasannightclub.com> and <mgmgrandhakkasannightclub.com> with the bad faith

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intent to profit from his use of the HAKKASAN Marks;

Internet

domain

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names

<mgmgrandhakkasan.com>,

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5.

Defendant parked the Infringing Domain Names on web pages containing live

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search and reference links to “MGM Grand Las Vegas,” “Nightclub Las Vegas,” and “Las

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Vegas NV Hotel,” among others. Defendant’s websites contained the plaintiffs’ federally

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registered trademark and logo, together with images and other materials from the plaintiffs’

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own nightclub website. Defendant’s Infringing Domain Names provide links to Las Vegas

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nightclubs and hospitality-related links. Thus, users visiting the Infringing Domain Names

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are led to believe that plaintiffs are somehow affiliated with or sponsoring defendant’s

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services.

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6.

GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

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Defendant’s use of the HAKKASAN Marks in connection with its services is

likely to cause confusion as to the source and origin of defendant’s website and services;

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7.

If defendant’s use of the term HAKKASAN continues, plaintiffs will continue

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to suffer irreparable injury to their good will and reputation which was established through

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use of the HAKKASAN Marks, and for which an award of damages would be inadequate;

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8.

Defendant acted willfully in its infringement and cybersquatting of the

HAKKASAN marks; and

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9.

Defendant is liable for its trademark infringement, unfair competition,

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cybersquatting, deceptive trade practices and intentional interference with prospective

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economic advantage.

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THEREFORE, IT IS HEREBY ORDERED that defendant EZ Lease Property Management,

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LLC, also known as EZ Lease Propertys, its respective officers, agents, servants, employees, and/or

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all persons acting in concert or participation with it, are permanently enjoined (1) from using

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plaintiffs’ trademarks or confusingly similar variations thereof, alone or in combination with any

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other letters, words, letter strings, phrases or designs, in commerce or in connection with any

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business or for any other purpose (including, but not limited to, on web sites and in domain names);

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and (2) from registering, owning, leasing, selling or trafficking in any domain name containing

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plaintiffs’ trademarks or confusingly similar variations thereof, alone or in combination with any

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other letters, words, phrases or designs;

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GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

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IT IS FURTHER ORDERED that defendant pay plaintiff Hakkasan LV, LLC $1,000 in
nominal damages for corrective advertising;
IT IS FURTHER ORDERED that defendant pay plaintiff Hakkasan LV, LLC statutory
damages of $100,000.00 resulting from defendant’s willful trademark infringement;
IT IS FURTHER ORDERED that defendant pay plaintiff Hakkasan LV, LLC statutory
damages of $300,000.00 resulting from defendant’s willful cybersquatting;
IT IS FURTHER ORDERED that defendant pay plaintiffs’ attorneys’ fees and costs in the
amount of $31,011.70;
IT IS FURTHER ORDERED that plaintiffs’ cash deposit of one hundred dollars ($100.00)
be released from the registry account of this court and returned to Greenberg Traurig.
IT IS FURTHER ORDERED that jurisdiction of this case shall be retained by this court for
the purpose of enforcement of this Judgment.

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UNITED STATES DISTRICT JUDGE

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Dated: November 24, 2014

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Respectfully submitted by:

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GREENBERG TRAURIG, LLP
/s/ Laraine M.I. Burrell
Lauri S. Thompson (Bar No. 6846)
Laraine M.I. Burrell (Bar No. 8771)
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Counsel for Plaintiffs

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