GIFTBOXCENTER, LLC v. PETBOX, INC

Filing 48

ORDER granting in part and denying in part 41 Motion for Default Judgment. Signed by Judge John Michael Vazquez on 2/5/18. (sr, )

Not for Publication
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

GIFTBOXCENTER, LLC,
Plaint
Civil Action No. 15-4390 (JMV) (JBC)
V.

ORDER
PETBOX, NC. and PETBOX HOLDINGS,
LLC,
Deftndants.

John Michael Vazguez, U.S.D.J.
For the reasons stated in the accompanying Opinion, and for good cause shown,
IT IS on this 5th day of February, 201$,
ORDERED that Plaintiffs motion for default judgment (D.E. 41)is GRANTED in part
and DENIED in part; and it is further
ORDERED that Plaintiffs past and ongoing conduct in connection with the name
“PETGIFTBOX,” and Plaintiffs logo do not constitute infringement of Defendants’ trademark
rights under 15 U.S.C. §1114(1) (“Relief for the Third Request”); and it is further
ORDERED that Plaintiffs past and ongoing conduct in connection with the name
“PETGIFTBOX” and Plaintiffs logo do not constitute false advertising under 15 U.S.C.
§1125(a) with respect to Defendants’ trademark rights (“Relief for the Fourth Request”); and it is
further
ORDERED that Defendants are not entitled to any injunctive relief or monetary damages
regarding the Relief for the Third Request and the Relief for the Fourth Request; and it is further

ORDERED that all other requests for relief made by Plaintiff are DENIED; and it is

further
ORDERED that Plaintiff shall serve a copy of this Order and the accompanying Opinion

on Defendants at their last known addresses; and it is further
ORDERED that the Clerk’s Office shall close this matter.

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Jolrn’Michael Vazcz,jJ.S.D.J.

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