GIFTBOXCENTER, LLC v. PETBOX, INC

Filing 43

ORDER denying 41 Motion for Default Judgment, and within thirty days of this Order Plaintiff may file a supplemental briefand any supporting documents necessary to support the relief requested; etc. Signed by Judge John Michael Vazquez on 6/20/17. (sr, ) (mailed via certified mail #7012 3050 0001 0977 4581)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

GIFTBOXCENTER LLC,

Plaint

Civil Action No. 15-4390
ORDER

V.

PETBOX, INC and PETBOX HOLDINGS LLC,
Defendants.

John Michael Vazguez, U.S.D.J.

This matter comes before the Court on Plaintiff Giftboxcenter LLC’s (“Plaintiff’ or “Gift
Box Center”) unopposed motion for default judgment against Defendants Petbox, Inc. and Petbox
Holdings, LLC (collectively “Pet Box”) under Fed. R. Civ. P. 55(b). D.E. 41. In accordance with
Local Civil Rule 7.1 (d)(4), Plaintiff contends that a brief is unnecessary because “no significant
legal argument is made in connection with this motion.”1 D.E. 41 at 3. The Court disagrees.
Plaintiff seeks numerous forms of relief that require additional briefing. In particular, Plaintiff
seeks a declaratory judgment for the following nine forms of relief:
1. A declaration that Pet Box does not own a valid trademark, or
have any legitimate interest or rights in the name “PETBOX”;
2. A declaration that Pet Box has no legal basis to prevent others
from using names that include the words “pet” and “box”;

1

Plaintiff reserved its rights to file a brief to supplement its motion papers if the court concludes
that additional submissions would be helpful in making a decision. D.E. 41 at 3.

3. A declaration that Gift Box Center’s past and ongoing conduct
in connection with the name “PETGIFTBOX” and Gift Box
Center’s logo set forth herein, do not constitute infringement of
Get Pet Box’s trademark rights under 15 U.S.C. § 1114(1);
4. A declaration that Gift Box Center’s past and ongoing conduct
in connection with the name “PETGIFTBOX” and Gift Box
Center’s logos set forth herein, do not constitute false advertising
under 15 U.S.C. § 1125(a);
5. A declaration that Gift Box Center’s past and ongoing conduct
in connection with the name “PETGIFTBOX” and Gift Box
Center’s logo set forth herein, do not violate any of Pet Box’s
rights under any federal statute, state statute or common law;
6. A declaration Pet Box is not entitled to any injunctive relief
against Gift Box Center’s use of the name “PETGIFTBOX” or
Gift Box Center’s logo set forth herein;
7. A declaration that Pet Box is not entitled to recover any monetary
damages as a result of Plaintiff Gift Box Center’s past and ongoing
conduct in connection with the name “PETGIFTBOX” or Gift
Box Center’s logos set forth herein;
8. That Pet Box pays Gift Box Center’s attorneys[’] fees and costs
of this suit; and
9. For such other relief to Gift Box Center as the Court deems just
and proper.
D.E. $ at 12-13; and for good cause shown
IT IS on this 20th day of June 2017,
ORDERED that Plaintiffs motion for default judgment (D.E. 41) is denied without
prejudice; and it is further
ORDERED that within thirty days of this Order Plaintiff may file a supplemental brief
and any supporting documents2 necessary to support the relief requested; and it is further

2

If Plaintiffs counsel renews his request for attorneys’ fees, counsel should provide the Court
with a detailed breakdown of how the fees were calculated and the legal basis as to why fees should
be awarded.
9

ORDERED that the Clerk of the Court shall serve a copy of this order on Defendants via

certified mail return receipt to its last known address: Petbox Inc. 11855 Sorrento Valley Road,
Suite 521, San Diego, California 92121.

John

3

ichael Vazqzi’U..D.J.