E.A. SWEEN COMPANY, INC. v. DELI EXPRESS OF TENAFLY, LLC

Filing 15

ORDER and Judgment granting 11 Motion for Default Judgment; that Plaintiff is awarded reasonable attorneys' fees and costs of an amount to be determined upon application and accompanying affidavit of counsel pursuant to Local Rule 54.1, F ed. R. Civ. P. 55; that Plaintiff shall submit to this Court within twenty-one days of this Order an editable form of final judgment with its application for attorneys' fees and costs. Signed by Judge Kevin McNulty on 5/13/14. (jd, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
E.A. SWEEN COMPANY, INC.,
Civ. No. 2:13-6337 (KM) (MCA)
Plaintiff,
ORDER & JUDGMENT

v.
DELI EXPRESS OF TENAFLY,
LLC.
Defendant.
KEVIN MCNULTY, U.S.D.J.:

THIS MATTER having been opened to the Court by Plaintiff, E.A. Sween
Company, Inc. (“E.A. Sween”), on a Motion for Default Judgment (Docket No.
11) against Defendant Deli Express of Tenafly, LLC, pursuant to Fed. R. Civ. P.
55(b)(2); and the motion being unopposed; and; and the Court having
considered the moving papers and the entire case file; and
IT APPEARING that Defendant was served with the Complaint on
October 28, 2013 (Docket No. 9), but did not respond; that the Clerk entered
default on December 5, 2013; and for good cause shown
IT IS this 13th day of May 2014,
ORDERED and ADJUDGED that Plaintiff’s Motion for Default Judgment
is GRANTED; and it is further
ORDERED and ADJUDGED that Plaintiff is awarded reasonable
attorneys’ fees and costs of an amount to be determined upon application and
accompanying affidavit of counsel pursuant to Local Rule 54.1, Fed. R. Civ. P.
55; and it is further
ORDERED that Plaintiff shall submit to this Court within twenty-one
days of this Order an editable form of final judgment with its application for
attorneys’ fees and costs (to be emailed to njdnef_McNultynjd.uscourts.gov);
and it is finally

ORDERED and ADJUDGED that Plaintiff is GRANTED the following
injunctive relief:
Defendant, its partners, officers, agents, servants, representatives,
employees, shareholders, successors, and all other persons in
active concert or participation with Defendant, are hereby
permanently enjoined and restrained from the following:
a. Doing business under the name “DELI EXPRESS;”
b. Filing for any future corporate names that include the phrase
“Deli Express” or confusingly similar variations thereof. Within
thirty (30) days of the date of the order of the Court, the Defendant
must take any and all actions necessary to cancel the registration
or amend and remove the phrase “Deli Express” from its current
registration for the name Deli Express of Tenafly, LLC, (Entity
Number 0600309419);
c. Using, in any manner, the term “DELI EXPRESS” and/or any
confusingly similar designation alone or in combination with other
words or designs as a trademark, trade name component, or
otherwise, to market, advertise, or identify any product and/or
service not produced, offered, or authorized by E.A. Sween
Company;
d. Using, in any manner, the “DELI EXPRESS” trademarks or any
mark confusingly similar to the DELI EXPRESS® Marks in
connection with Deli Express of Tenafly, LLC’s goods or services in
such a manner that is likely to create the erroneous belief that the
goods or services are authorized by, sponsored by, licensed by, or
are in any manner associated with E.A. Sween Company;
e. Otherwise infringing upon the DELI EXPRESS® Marks;
f. Unfairly competing with E.A. Sween Company in any manner
whatsoever;
g. Causing likelihood of confusion, injury to business reputation,
or dilution of the distinctiveness of the DELI EXPRESS® Marks;
h. Committing any other act or making any other statement that
infringes E.A. Sween Company’s trademarks and service marks, or
constitutes an active trademark or service mark infringement,
trademark dilution, unfair competition under federal common law
or the common law of the State of New Jersey; and
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i. Conducting business with, including, but not limited to, selling
any sandwiches or other food products to any person, firm, or
entity that Deli Express of Tenafly, LLC knows or has reason to
believe is engaged in any of the following:
(1) Doing business under the name “DELI EXPRESS”;
(2) Using, in any manner, the term “DELI EXPRESS” and/or
any confusingly similar designation alone or in combination
with other words or designs as a trademark, trade name
component, or otherwise, market, advertise, or identify any
product and/or service not produced, offered or authorized
by E.A. Sween Company; and
(3) Using, in any manner, the DELI EXPRESS® Marks in
connection with any such person’s, firm’s, or entities’ goods
or services in such a manner that is likely to create the
erroneous belief that the goods or services are authorized by,
sponsored by, licensed by, or are in any manner associated
with E.A. Sween Company.

KEVIN MCNULTY
//
United States District Judge

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