Ivy Coach, Inc. v. John Doe Corporation et al

Filing 34

DEFAULT JUDGMENT AND PERMANENT INJUNCTION IT IS HEREBY ORDERED as follows: 1. Plaintiff's Motion for Default Judgment and Permanent Injunction Against Defendant Valerii Kafidov a/k/a Valerii Kafidoff d/b/a Best College Admission Consultants (&q uot;Defendant Kafidov" or "Defendant") is GRANTED; 2. Defendant is liable to Plaintiff for violation of Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)); 3. Defendant is liable to Plaintiff for violation of Section 349 of the New York General Business Law; 4. Defendant is liable to Plaintiff for violation of New York Common Law Libel. 5. In addition, Defendant, its agents, representatives, servants, employees, and all others in active concert or participation with Defend ant, are permanently enjoined and restrained from: (a) Publishing, displaying, distributing or disseminating false, misleading, and deceptive statements concerning Plaintiff and Plaintiff's services on Defendant's website www.bestcollegeadm issionconsultants.com, or any other website owned or controlled by Defendant; (b) Assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in subparagraph (a) above. 6. Plaintif fs Third Cause of Action and Fourth Cause of Action in the operative pleading (First Amended Complaint (ECF Doc. 5)) are dismissed without prejudice. 7. Defendants Does 1-10 are dismissed without prejudice. 8. Each party shall bear their own fees and costs.The Clerk of Court is respectfully directed to close Docket Number 25 and to close this case. SO ORDERED. (Signed by Judge John P. Cronan on 7/8/2024) (jca) Modified on 7/8/2024 (jca).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IVY COACH INC., Plaintiff, Civil Action No. 1:23-cv-09730-JPC-RFT v. VALERII KAFIDOV a/k/a VALERII KAFIDOFF d/b/a BEST COLLEGE ADMISSION CONSULTANTS and DOES 110, Defendants. DEFAULT JUDGMENT AND PERMANENT INJUNCTION Upon Plaintiff Ivy Coach Inc.’s (“Plaintiff”) Motion for Default Judgment and Permanent Injunction Against Defendant Kafidov, the Memorandum of Law in support thereof, the supporting Declaration of Margaret Scoolidge, Esq., and the entire record herein, and for the reasons stated by the Court at the July 2, 2024 hearing on Plaintiff’s motion, IT IS HEREBY ORDERED as follows: 1. Plaintiff’s Motion for Default Judgment and Permanent Injunction Against Defendant Valerii Kafidov a/k/a Valerii Kafidoff d/b/a Best College Admission Consultants (“Defendant Kafidov” or “Defendant”) is GRANTED; 2. Defendant is liable to Plaintiff for violation of Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)); 3. Defendant is liable to Plaintiff for violation of Section 349 of the New York General Business Law; 4. Defendant is liable to Plaintiff for violation of New York Common Law Libel. 5. In addition, Defendant, its agents, representatives, servants, employees, and all others in active concert or participation with Defendant, are permanently enjoined and restrained from: (a) Publishing, displaying, distributing or disseminating false, misleading, and deceptive statements concerning Plaintiff and Plaintiff’s services on Defendant’s website www.bestcollegeadmissionconsultants.com, or any other website owned or controlled by Defendant; (b) Assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in subparagraph (a) above. 6. Plaintiff’s Third Cause of Action and Fourth Cause of Action in the operative pleading (First Amended Complaint (ECF Doc. 5)) are dismissed without prejudice. 7. Defendants Does 1-10 are dismissed without prejudice. 8. Each party shall bear their own fees and costs. 8th July SO ORDERED this ________________day of _________________, 2024. ______________________________ HON. JOHN P. CRONAN United States District Judge The Clerk of Court is respectfully directed to close Docket Number 25 and to close this case.

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