The Kyjen Company, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint

Filing 109

AMENDED MEMORANDUM OPINION & ORDER for 106 Report and Recommendations. For the foregoing reasons, the Court adopts Judge Netburn's Report and Recommendation in full. In accordance with the attached chart, Plaintiff is awarded a total of &# 036;3,501,500 in statutory damages: $100,000 for each of the 35 Defaulting Defendants that engaged in willful trademark counterfeiting and infringement under the Lanham Act, and $250 for each of the six Defaulting Defendants that engaged in design patent infringement under the Patent Act. Plaintiff is also entitled to post-judgment interest calculated at the statutory rate prescribed by 28 U.S.C. § 1961. Upon the entry of judgment, the Clerk of Court is directed to terminate all pending motions, adjourn all remaining deadlines, and close this case. (Signed by Judge Jennifer H. Rearden on 3/20/2024) (rro) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
THE KYJEN COMPANY, LLC,
Plaintiff,
-v.-

23 Civ. 00612 (JHR)

THE INDIVIDUALS, CORPORATIONS,
LIMITED LIABILITY COMPANIES,
PARTNERSHIPS, AND
UNINCORPORATED ASSOCIATIONS
IDENTIFIED ON SCHEDULE A TO THE
COMPLAINT,

AMENDED MEMORANDUM
OPINION & ORDER

Defendants.
JENNIFER H. REARDEN, District Judge:
On May 18, 2023, the Court entered a default judgment against the Defendants in this
action who were not otherwise voluntarily dismissed by Plaintiff (the “Defaulting Defendants”). 1
See ECF Nos. 86, 94. On May 19, 2023, the Court referred the matter to Magistrate Judge Sarah
Netburn for an inquest as to damages. See ECF No. 83.
Before the Court is the Report and Recommendation of Judge Netburn dated March 4,
2024 (the “Report”), recommending that the Court award Plaintiff (1) $100,000 for each
Defaulting Defendant that engaged in willful trademark counterfeiting and infringement under
the Lanham Act; (2) $250 for each Defaulting Defendant that engaged in design patent
1

The Defaulting Defendants, as identified in Plaintiff’s Fourth Amended Schedule A (ECF Nos.
91-1, 91-5) and in the attached chart (see infra), are as follows: AMZJIANJIAN, DLYshopping,
fangfangxuan168, fuqiangzhang store, GLINZDz, GYANF, Huayuan Supplies, Incyj, Jingbo,
jiujianglinfudianzishangwuyouxiangongsi, Juanking, lambo888, LAN-YAN, Luohe Dichu
Trading Co., Ltd., NZSMYXGS, RSiug Ltd., tongshengyao,
wenhangliyunhuishangmaoyouxiangongsi888, jspet1, lumber21, petrich, rubibegone, jasgood18,
Caluo E-commerce, chengdujianghubianshang, Happy date, hefeizaiheibaihuoyouxiangongsi,
Lsgrael, NEGOO STORE, putianshichengxiangquqirongmaoyiyouxiangongsi, SAJAR
TRADING, ShanXiFaZeKeJiYouXianGongSi, Waykada,
xuanchengxuanfanqiyeguanliyouxiangongsi, Cwhjun_kk, Deborahllk, Lovely TianTian,
lusonghong1740, Prague jewelry shop, taotaoshouji, and ZeLing991.

infringement under the Patent Act; and (3) post-judgment interest. See ECF No. 106. The
Report notified the parties that they “shall have 14 days from the service of this Report and
Recommendation to file written objections.” Id. at 15. The Report also cautioned that “[t]he
failure to file timely objections will waive those objections for purposes of appeal.” Id. No
party filed objections to the Report.
For the reasons set forth below, the Court adopts the Report in its entirety.
DISCUSSION 2
In reviewing a report and recommendation, a district court “may accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28
U.S.C. § 636(b)(l)(C). “To accept those portions of the report to which no timely objection has
been made, a district court need only satisfy itself that there is no clear error on the face of the
record.” Ruiz v. Citibank, NA., No. 10 Civ. 5950 (KPF), 2014 WL 4635575, at *2 (S.D.N.Y.
Aug. 19, 2014) (quoting King v. Greiner, No. 02 Civ. 5810 (DLC), 2009 WL 2001439, at *4
(S.D.N.Y. July 8, 2009)); see also Schiff v. Yayi Int’l Inc., No. 15 Civ. 359 (VSB), 2020 WL
3893345, at *2 (S.D.N.Y. July 9, 2020) (“When neither party submits an objection to a report
and recommendation, or any portion thereof, a district reviews the report and recommendation
for clear error.”). As no party has submitted objections to the Report, review for clear error is
appropriate. Careful review of Judge Netburn’s Report reveals no facial error in its conclusions.
The Report is therefore adopted in its entirety.
Furthermore, “[b]ecause the Report explicitly states that failure to object within fourteen
days will result in a waiver of objections and will preclude appellate review, the parties’ failure
to object operates as a waiver of appellate review.” Saadeh v. Kagan, No. 20 Civ. 1945 (PAE),

2

The Court incorporates by reference the summary of the facts provided in the Report.
2

2022 WL 624554, at *1 (S.D.N.Y. Mar. 3, 2022) (citation omitted); see also Stevens v. Duquette,
No. 22-1571, 2024 WL 705954, at *1 (2d Cir. Feb. 21, 2024) (“As a rule, a party’s failure to
object to any purported error or omission in a magistrate judge’s report waives further judicial
review of the point.” (quoting Cephas v. Nash, 328 F.3d 98, 107 (2d Cir. 2003)).
CONCLUSION
For the foregoing reasons, the Court adopts Judge Netburn’s Report and
Recommendation in full. In accordance with the attached chart, Plaintiff is awarded a total of
$3,501,500 in statutory damages: $100,000 for each of the 35 Defaulting Defendants that
engaged in willful trademark counterfeiting and infringement under the Lanham Act, and $250
for each of the six Defaulting Defendants that engaged in design patent infringement under the
Patent Act. Plaintiff is also entitled to post-judgment interest calculated at the statutory rate
prescribed by 28 U.S.C. § 1961.
Upon the entry of judgment, the Clerk of Court is directed to terminate all pending
motions, adjourn all remaining deadlines, and close this case.
SO ORDERED.
Dated: March 20, 2024
New York, New York

JENNIFER H. REARDEN
United States District Judge

3

Defaulting Defendants
Doe No.

Defendant Seller

Statutory Damages

2.

AMZJIANJIAN

$100,000.00

8.

DLYshopping

$100,000.00

9.

fangfangxuan168

$100,000.00

10.

Feng hula gong ying lain

https://www.amazon.com/sp?seller
=A1D620UCNZQPA7

11.

fuqiangzhang store

$100,000.00

12.

GANGBAO

https://www.amazon.com/sp?seller
=A3KZFEVQ1B7JM

13.

GLINZDz

$100,000.00

14.

GOARD LODA

https://www.amazon.com/sp?seller
=A1B6JFFG9IA1DA

15.

GYANF

$100,000.00

16.

HOME-STAR

https://www.amazon.com/sp?seller
=A1A1KPWECJ9D0V

17.

Huayuan Supplies

$100,000.00

18.

Incyj

$100,000.00

20.

$100,000.00

21.

Jingbo
jiujianglinfudianzishangwuyouxiangongsi

22.

Juanking

$100,000.00
$100,000.00

23.

lambo888

$100,000.00

24.

LAN-YAN

$100,000.00

26.

Luohe Dichu Trading Co., Ltd.

$100,000.00

Doe No.

Defendant Seller

Statutory Damages

27.

Mo

https://www.amazon.com/sp?seller

28.

NZSMYXGS

$100,000.00

31.

RSiug Ltd.

$100,000.00

38.
39.

tongshengyao
wenhangliyunhuishangmaoyouxiangongsi888

$100,000.00
$100,000.00

40.

World Proud

https://www.amazon.com/sp?seller
=A2YZ56X30J5K20

44.

biannual

https://www.dhgate.com/store/abo
ut-us/21635047.html

45.

bulk sell

https://www.dhgate.com/store/abo
ut-us/20530017.html

46.

amours

https://www.dhgate.com/store/abo
ut-us/18477257.html

47.

EWIN24 GROUP

https://www.dhgate.com/store/abo
ut-us/14772852.html

48.

glary

https://www.dhgate.com/store/abo
ut-us/20249163.html

49.

jspet1

$100,000.00

50.

lumber21

$100,000.00

51.

mix smoking

https://www.dhgate.com/store/abo
ut-us/21298370.html

52.

petrich

$100,000.00

Doe No.

Defendant Seller

Statutory Damages

53.

rubibegone

$100,000.00

54.

ixabepilone

https://www.dhgate.com/store/abo
ut-us/21631225.html

61.

evicbeshop

https://www.ebay.com/usr/evicbes
hop

65.

jasgood18

$100,000.00

Doe No.

Defendant Seller

Statutory Damages

82.

Caluo E-commerce

$100,000.00

83.

chengdujianghubianshang

$100,000.00

86.

foshanbomingnishangmaoyouxiangongsi

https://www.walmart.com/reviews/
seller/101280659

87.

Happy date

$250.00

88.

Grocery Store

89.

hefeizaiheibaihuoyouxiangongsi

https://www.walmart.com/reviews/
seller/101263008
$100,000.00

91.

Lsgrael

$100,000.00

93.

NEGOO STORE

$100,000.00

94.

putianshichengxiangquqirongmaoyiyouxiangongsi

$100,000.00

95.

SAJAR TRADING

96.

ShanXiFaZeKeJiYouXianGongSi

$100,000.00
$100,000.00

98.

Suuny Market

https://www.walmart.com/reviews/
seller/101256289

99.

$100,000.00

100.

Waykada
xuanchengxuanfanqiyeguanliyouxiangongsi

102.

Cwhjun_kk

$250.00

104.

Deborahllk

$100,000.00

106.

heronzt

107.

kubi1993

108.

Lovely TianTian

https://www.wish.com/merchant/5
8296c54a6170f1b820897e9
https://www.wish.com/merchant/5
aeec7c11c25001326fbec64
$250.00

$100,000.00

Doe No.

Defendant Seller

Statutory Damages

109.

lusonghong1740

$250.00

111.

Mozzarella

112.

nbmxtudtrr

113.

Prague jewelry shop

https://www.wish.com/merchant/6
184151308832f4adaa79f48
https://www.wish.com/merchant/5
fc2261710cec62bb26734ab
$250.00

114.

taotaoshouji

$250.00

115.

zaturday

116.

ZeLing991

https://www.wish.com/merchant/5
f43d01bc8e8b0016377a8a2
$100,000.00

117.

ZKchangjiang

https://www.wish.com/merchant/5
85a0c6658d7975224b53219