BEYOND CUSHIONS CORPORATION v. THE TJX COMPANIES INC. et al

Filing 34

ORDER granting 30 Plaintiff's Motion for Default Judgment against Defendants in the total amount of $314,773.92 *** CIVIL CASE TERMINATED *** etc. Signed by Judge Claire C. Cecchi on 11/25/2019. (dam, )

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
BEYOND CUSHIONS CORPORATION.,

Civil Action No.: 18-10268

Plaintiff,
ORDER

V.

THE TJX COMPANIES, INC. AND
DESIGN ACCENTS LLC.,
Defendants.
CECCHI, District Judge.
I.

INTRODUCTION

This matter comes before the Court on the motion of Plaintiff Beyond Cushions
Corporation (“Plaintiff’) for default judgment against Defendant Design Accents LLC
(“Defendant” or “Design Accents”). ECF No. 17. The time for Defendants to answer or otherwise
respond to Plaintiffs complaint has expired. See Fed. R. Civ. P. 12(a). Pursuant to Federal Rule
of Civil Procedure 55(a), the Clerk entered a Default against Defendants on November 27, 2018.
Plaintiff filed the instant motion for default judgment pursuant to Federal Rule of Civil Procedure
55(b)(2) on March 23, 2019. ECF No. 30. Defendant does not oppose default judgment. ECF
Nos. 31 & 32. For the following r easons, Plaintiffs motion for default judgment is granted. For
the reasons set forth in the Court’s accompanying Opinion,
Accordingly, IT IS, on this

25th

day of November, 2019,

ORDERED that final judgment is entered in favor of Plaintiffs and against Defendants, in
the total amount of $314,773.92, comprised of the following:
$270,000 in statutory damages for copyright infringement;
$44,773.92 in attorneys’ fees and costs;
and it is further

ORDERED that Defendant Design Accents and its officers, directors, partners,

employees, and/or agents are hereby PERMANENTLY ENJOINED from using pillow cushions
bearing Plaintiffs Designs or any colorable imitation thereof in any manner whatsoever, including
manufacturing, offering, selling, transferring, advertising, or promoting any of Plaintiffs protected
designs or any patterns substantially similar thereto; and it is further
ORDERED that, in order to give practical effect to the Permanent Injunction, Defendant
is hereby ordered to surrender for destruction within thirty (30) days any remaining infringing
products in Defendant’s possession, custody, or control, by delivering such products to Plaintiff.
SO ORDERED.

CLAIRE C. CECCHI, U.S.D.J.

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