PANDA RESTAURANT GROUP, INC. v. PANDA CHINESE & JAPANESE RESTAURANT, LLC et al

Filing 12

ORDER Granting in its entirety 9 MOTION for Default Judgment as to all Defendants by All Plaintiffs, etc. Signed by Judge William H. Walls on 10/24/2018. (JB, )

Frank Holahan
Nancy A. Del Pizzo
RIVKIN RADLER LLP
25 Main Street, Court Plaza South,
West Wing, Ste. 15$
Hackensack, New Jersey 07601
P: [phone]
F: [phone]
OF COUNSEL:
Farah P. Bhatti
(pro hac vice application forthcoming)
BUCHALTER
A Professional Corporation
I $400 Von Karman Avenue, Suite 800
Irvine, California 92612-05 14
P: [phone]
F: [phone]
Attorneys for Plaintiff,
Panda Restaurant Group, Inc.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
C.A.N.: 2:1 7-cv-1 1718 (WHW) (CLW)
PANDA RESTAURANT GROUP, INC.,
Plaintiff,

I_—. -JI
ORDER GRANTING
DEFAULT JUDGMENT

v.
PANDA CHINESE & JAPANESE
RESTAURANT, LLC, SAM YANG,
individually, and ABC CORPS. 1-100, related
entities whose names are unknown,
Defendants.

THIS MATTER having come before the Court by way of the motion of plaintiff, Panda
Restaurant Group, Inc. (‘Plaintiff’), by and through its attorneys, Rivkin Radler LLP, seeking
entry of default judgment against defendants, Panda Chinese & Japanese Restaurant, LLC, Sam

Yang (a/k/a Qi Dong Yang and Qi Qiang Yang) and ABC CORPS. 1 (Panda One, Inc.)
(collectively, the “Defendants”), under Rule 55(b)(2) of the federal Rules of Civil Procedure;
IT IS on this day of October

,

2018;

ORDERED, that Plaintiffs motion for a default judgment against the Defendants is
granted in its entirety; and it is further,
ORDERED, that Defendants, including their affiliates, subsidiaries, officers, directors,
employees and attorneys, and all persons and/or entities acting for, with, by, through or in

concert with them or any of them are permanently enjoined from:
a.

Using the Panda Marks (as defined in paragraph 9 of the

Complaint (D.E. 1)) and/or any other designation that is a colorable imitation of and/or is
confusingly similar to the Panda Marks, in any medium (retail, internet, physical or otherwise) in
connection with any food or related products or services not originating from, sponsored,
endorsed nor authorized by Plaintiff,
b.

Representing in any manner, or by any method whatsoever,

directly or indirectly, that Defendants are in any way affiliated with Plaintiff, or that the goods,
services or other products and services providing by Defendants are sponsored, approved,
authorized by, endorsed by, affiliated with or originate from Plaintiff, or otherwise taking any
action likely to cause confusion, mistake or deception as to the origin, approval, sponsorship or
certification of such goods or services;
c.

Infringing, diluting and/or tarnishing the distinctive quality of the

d.

Unfairly competing with Plaintiff in any manner; and it is further,

Panda Marks;

2

ORDERED, that Defendants, within thirty (30) days of the date hereof, be required to

deliver up to Plaintiff for destruction any literature, signs, advertising materials, and the like
bearing any of the Panda Marks or any confusingly similar variations thereof for products or
services neither originating from nor authorized by Plaintiff; and it is further,
ORDERED, that Defendants, within thirty (30) days of the date hereof, be required to
transfer

to

Plaintiff

the

following

website

domain

names,

www.pandanj.com,

www.pandaasiancuisinenj.com and www.pandamenunj.com and it is further,
ORDERED, that Defendants, within sixty (60) days after service of notice of entry of

judgment upon them, be required to file with the Court and serve upon Plaintiff’s attorneys a
written report, under oath, setting forth in detail the manner in which Defendants have complied
with paragraphs a. through d. above; and it is further,
ORDERED, that Defendants be required to account for and pay over to Plaintiff their

profits for all of the years of their infringing condttct, and that the amount of recovery be
increased as provided by law, up to three times, and that interest and costs be awarded to
Plaintiff; and it is further,
ORDERED, that Plaintiffs counsel shall submit an affidavit of services of fees and costs

within

days for the Court’s consideration.

7 (t,/%

1T_V?TLLIAM-l-WALLS, U.S.D.J.

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