Smart Study Co. Ltd. v. Ababyking Store et al

Filing 67

CLERK'S DEFAULT JUDGMENT in favor of Smart Study Co. LTD. against CLARE-TECH-ONLINE; in favor of Smart Study Co. LTD. against CRAFPLAY; in favor of Smart Study Co. LTD. against DISPLAY IT; in favor of Smart Study Co. LTD. against DONGXIAO; in favor of Smart Study Co. LTD. against ECSTATICPARTY; in favor of Smart Study Co. LTD. against ELSANIKO; in favor of Smart Study Co. LTD. against GLORY PARTERNER; in favor of Smart Study Co. LTD. against HABBIPET; in favor of Smart Study Co. LTD. a gainst JINBAORUI; in favor of Smart Study Co. LTD. against KANGGY; in favor of Smart Study Co. LTD. against KOBIT DIRECT; in favor of Smart Study Co. LTD. against KUANCHENGQUXINFAFAXIANSHENGXIA N; in favor of Smart Study Co. LTD. against LEJIAWANG ; in favor of Smart Study Co. LTD. against LIANQIANMAOYIY; in favor of Smart Study Co. LTD. against PARTY WELL; in favor of Smart Study Co. LTD. against QIYNAO; in favor of Smart Study Co. LTD. against RONGFUCHANG; in favor of Smart Study Co. LTD. against SHAMI; in favor of Smart Study Co. LTD. against SUMMERDAYS; in favor of Smart Study Co. LTD. against TIME-KILLER; in favor of Smart Study Co. LTD. against TOYS POUCH; in favor of Smart Study Co. LTD. against WHHOKNB; in favor of Smart Stu dy Co. LTD. against XIANHEYUANXINGONGMAOYOUXIANGO NGSI-25; in favor of Smart Study Co. LTD. against XINGRONGSHENG; in favor of Smart Study Co. LTD. against YAMATCH DIRECT; in favor of Smart Study Co. LTD. against YAWDYA; in favor of Smart Study Co . LTD. against YUJIAXINGGONGSI; in favor of Smart Study Co. LTD. against YUYOUJIA; in favor of Smart Study Co. LTD. against ZHAO2888; in favor of Smart Study Co. LTD. against ZITADA in the amount of $2,250,000.00. It is hereby ORDERED, ADJU DGED, AND DECREED, That for the reasons stated in the Court's Order dated December 20, 2022, judgment is granted in favor of plaintiff on all claims properly pled against the defaulting defendants in the complaint. Plaintiff is awarded Seven ty-Five Thousand Dollars ($75,000.00) in statutory damages against each defaulting defendant pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act and/or 17 U.S.C. § 504(c) of the Copyright Act, in the amount of $2,250,000.00 , as well as post-judgment interest at the statutory rate set forth in 28 U.S.C. § 1961(a). Any failure by the defaulting defendants to comply with the terms of the Order shall be deemed contempt of Court, subjecting the defaulting defendan ts to contempt remedies to be determined by the Court, including fines and seizure of property. The Court releases the Ten Thousand U.S. Dollar ($10,000.00) security bond that plaintiff submitted in connection with this action to counsel for plaintiff, Epstein Drangel, LLP, 60 East 42nd Street, Suite 1250, New York, NY 10165. This Court shall retain jurisdiction over the action and the parties in order to construe and enforce the Order. (Signed by Clerk of Court Ruby Krajick on 12/21/2022) (Attachments: # 1 Right to Appeal) (km)

Case 1:21-cv-01783-NRB Document 67 Filed 12/21/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------X
SMART STUDY CO., LTD.,
Plaintiff,
-against-

21 CIVIL 1783 (NRB)

DEFAULT JUDGMENT

ABABYKING STORE, AMZPTBOY, BOMCAN,
CLARE-TECH-ONLINE, CRAFPLAY, CUTE
CHERRY, DISPLAY IT, DONGXIAO,
DOTLITE, ECSTATICPARTY, ELSANIKO,
FRUITFUL PARTY, GLIGLITTR, GLORY
PARTERNER, HABBIPET, JENNIFER PER,
JIAZSTYLED, JIEJIN, JINBAORUI, JU
XI, KANGGY, KIDSINWE, KISS MONKEY,
KOBIT DIRECT,
KUANCHENGQUXINFAFAXIANSHENGXIAN,
LEJIAWANG, LIANQIANMAOYIY, LYNHEVA,
PAKBOOM, PARTY WELL, PEACOCKUI,
QIYNAO, RONGFUCHANG, SENWAN GIFT
STORE, SHAMI, SIENON, SQZKZC,
STARINGIRL, SUMMERDAYS, TIME-KILLER,
TOYS POUCH, WEI MI, WHHOKNB,
XIANHEYUANXINGONGMAOYOUXIANGONGSI25, XINGRONGSHENG, YAMATCH DIRECT,
YAWDYA,
YONGCHUNCHENGQINGMAOYIYOUXIANGONGSI,
YUJIAXINGGONGSI, YUYOUJIA, ZHAO2888,
ZHONGZHUANG and ZITADA,
Defendants.
---------------------------------------------------------X
It is hereby ORDERED, ADJUDGED, AND DECREED, That for the reasons
stated in the Court's Order dated December 20, 2022, judgment is granted in favor of plaintiff on
all claims properly pled against the defaulting defendants in the complaint. Plaintiff is awarded
Seventy-Five Thousand Dollars ($75,000.00) in statutory damages against each defaulting
defendant pursuant to Section 15 U.S.C. § 1117(c) of the Lanham Act and/or 17 U.S.C. § 504(c)
of the Copyright Act, in the amount of $2,250,000.00, as well as post-judgment interest at the

Case 1:21-cv-01783-NRB Document 67 Filed 12/21/22 Page 2 of 2

statutory rate set forth in 28 U.S.C. § 1961(a). Any failure by the defaulting defendants to comply
with the terms of the Order shall be deemed contempt of Court, subjecting the defaulting
defendants to contempt remedies to be determined by the Court, including fines and seizure of
property. The Court releases the Ten Thousand U.S. Dollar ($10,000.00) security bond that
plaintiff submitted in connection with this action to counsel for plaintiff, Epstein Drangel, LLP,
60 East 42nd Street, Suite 1250, New York, NY 10165. This Court shall retain jurisdiction over
the action and the parties in order to construe and enforce the Order.
DATED: New York, New York
December 21, 2022
RUBY J. KRAJICK
__________________
Clerk of Court
BY: ___________________
Deputy Clerk