TRAININGMASK LLC et al v. MY CORP. LLC et al

Filing 14

ORDER GRANTING in part and RESERVING in part Pltf's 12 Motion for Default Judgment; ORDERED that Defts shall pay Pltfs the total amount of $400,000 to cover willful infringement of four trademarks and two patents, etc.; ORDERED that pur suant to 35 U.S.C. 284, the damage award shall be trebled to account for Defts' willful infringement, making the total amount of statutory damages due to Pltfs from Defts equal $1.2 million, etc.; ORDERED that on or before 6/23/2016, Pltfs shall submit to the Court sufficient evidence of the attorney's fees and costs, etc. Signed by Judge Renee Marie Bumb on 5/26/2016. (dmr)

[Docket No. 12]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

TRAININGMASK LLC and CASEY J.
DANFORD,
Plaintiffs,

Civil No. 15-6789 (RMB/KMW)
ORDER

v.
MY CORP, LLC d/b/a BIG MIKE’S
FITNESS and LIKE EXERCISE,
INC.,
Defendants.

This matter comes before the Court upon on the renewed
Motion for Default Judgment filed by Plaintiffs TrainingMask LLC
and Casey J. Danford (together, the “Plaintiffs”) [Docket No.
12]; and the Court having reviewed the Plaintiffs’ submissions;
and the Court having ordered the Plaintiffs to file a renewed
Motion for Default Judgment setting forth analysis as to (i) the
amount of damages that is appropriate, (ii) the Plaintiffs’
entitlement to attorney’s fees as a matter of law, and (iii) why
the attorney’s fees and costs requested are reasonable [Docket
No. 11]; and the Court noting that the Declaration of Casey J.
Danford refers to “attached redacted invoices from Greenberg
Traurig, LLP reflecting billed fees for this matter” [Docket No.
12-2 at 3 ¶ 11]; and the Court further noting that no such

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“redacted invoices” are included in Plaintiffs’ submissions; and
the Court further noting that the only document provided in
support of Plaintiffs’ request for $16,777.50 in attorney’s fees
and $818.40 in attorney’s costs is a three-line non-itemized
invoice that includes neither the number of hours billed, the
hourly rates charged, nor a description of the work performed
[Docket No. 12-2 at 4]; and the Court finding that the
Plaintiffs have adequately addressed their entitlement to
statutory damages and their entitlement to attorney’s fees, as a
matter of law; and the Court further finding, however, that the
Plaintiffs have failed to adequately set forth why the amount of
attorney’s fees and costs requested is reasonable, see, e.g.,
Wagner v. Shinseki, 733 F.3d 1343, 1349 (Fed. Cir. 2013)
(quoting Hensley v. Eckerhart, 461 U.S. 424, 437 (1983)) (“[T]he
fee applicant bears the burden of establishing entitlement to an
award and documenting the appropriate hours expended and hourly
rates.”); In re Electro-Mech. Indus., 359 F. App’x 160, 165
(Fed. Cir. 2009) (quoting Lam, Inc. v. Johns-Manville Corp., 718
F.2d 1056, 1068 (Fed. Cir. 1983)) (“In determining the
reasonableness of the award, there must be some evidence to
support the reasonableness of, inter alia, the billing rate
charged and the number of hours expended.”); and the Court
noting that it will give the Plaintiffs a final opportunity to

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adequately support their Motion for Default Judgment and request
for attorney’s fees1;
ACCORDINGLY, for the foregoing reasons, IT IS HEREBY on
this 26th day of May 2016,
ORDERED that the Plaintiff’s renewed Motion for Default
Judgment [Docket No. 12] is GRANTED, in part, and RESERVED, in
part; and it is further
ORDERED that the Defendants shall pay Plaintiffs the total
amount of $400,000 to cover willful infringement of four
trademarks and two patents as determined by this Court’s
February 11, 2016 Order [Docket No. 11]; and it is further
ORDERED that, pursuant to 35 U.S.C. § 284, the damage award
shall be trebled to account for Defendants’ willful
infringement, making the total amount of statutory damages due
to Plaintiffs from Defendants equal $1.2 million; and it is
further
ORDERED that, pursuant to 15 U.S.C. § 1117(a) and 26 U.S.C.
§ 285, Plaintiffs are entitled to reasonable attorney’s fees and
costs; and it is further

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The Court is aware that counsel for the Plaintiffs have
frequently telephoned the Chambers of this Court to inquire as
to the status of the Court’s decision, at times within days of
the motion’s return date. The Court assures counsel for the
Plaintiffs that it is working as diligently as it can to address
the hundreds of motions pending before the Court.
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ORDERED that an award of reasonable attorney’s fees and
costs is RESERVED pending one last submission by Plaintiffs; and
it is further
ORDERED that, on or before June 23, 2016, Plaintiffs shall
submit to the Court sufficient evidence of the attorney’s fees
and costs incurred to date in connection with this matter, which
the Court will consider in awarding Plaintiffs reasonable
attorney’s fees and costs.

In the event that Plaintiffs do not

provide the Court with sufficient evidence to support its
request for attorney’s fees and costs, attorney’s fees and costs
will be denied with prejudice and the Court will direct the
Clerk of the Court to close the file.

s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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