Mrs. United States National Pageant, Inc. v. Crown Couture, LLC et al

Filing 7

ORDER granting plaintiff's 6 Motion for Default Judgment which is more fully described in this Decision and Order. Signed by Hon. David G. Larimer on 8/19/14. (EMA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF COURT
MRS. UNITED STATES NATIONAL
PAGEANT, INC.,
Plaintiff,
v.
CROWN COUTURE, LLC and
GASPAR CRUZ, Individually,
Defendants.

ORDER AND JUDGMENT
GRANTING MOTION FOR
DEFAULT JUDGMENT AND
ISSUING PERMANENT
INJUNCTION
14-CV-6114L

Plaintiff, Mrs. United States National Pageant, Inc. (“Plaintiff”) having moved this Court
for Default Judgment against Defendants Crown Couture, LLC and Gaspar Cruz (collectively
“Defendants”) by Notice Motion for Default Judgment, dated August 5, 2014, and the
Declaration of F. Michael Ostrander, Esq., dated August 5, 2014 with Exhibits annexed thereto,
and Affidavit of Isabella Ilacqua, sworn to July 29, 2014, in support of Plaintiff's motion; and
The Court having found that Plaintiff is the owner of the following federally registered
trademarks:
(a) MRS. UNITED STATES® - U.S. TM Reg. No. 2083350
(b) MRS. UNITED STATES NATIONAL PAGEANT® - U.S. TM Reg. No. 1851722
(c) MISS UNITED STATES® - U.S. TM Reg. No. 3428292
(d) MS. UNITED STATES® - U.S. TM Reg. No. 2157123
(e) LITTLE MISS UNITED STATES® - U.S. TM Reg. No. 4027072
(f) MISS JUNIOR TEEN UNITED STATES® - U.S. TM Reg. No. 3234362
(g) MISS TEEN UNITED STATES® - U.S. TM Reg. No. 3234363
(h) MISS TEENAGER UNITED STATES® - U.S. TM Reg. No. 2824308
These trademarks are collectively referred to herein as “Plaintiff’s Trademarks;” and
The Clerk having entered Defendants’ default and this Court having further found that
Defendants Crown and Cruz are in default by reason of their failure to answer or otherwise
appear in this action despite having been duly served and due deliberation having been had, and
the Court having evaluated the merits of the underlying claims and the relief sought and

determined that the complaint’s allegations, taken as true, establish plaintiff’s right to the relief
requested, see Wagstaff-el v. Carlton Press Co., 913 F.2d 56, 57 (2d Cir.1990) it is hereby
ORDERED, that Plaintiff’s motion for summary judgment against Defendants be and the
same hereby is GRANTED in all respects; and it is further
ORDERED, that Defendants, their members, officers, directors, agents, servants, employees
and all others acting on their behalf or in their stead or in concert therewith are hereby
permanently enjoined and restrained from any further acts of trade name infringement and unfair
competition and, more particularly, from, in any manner directly or indirectly:
(i)

using the marks MISS UNITED STATES INTERCONTINENTAL, MISS
T.E.E.N., MISS T.E.E.N. UNITED STATES, and JR. T.E.E.N. UNITED
STATES and any other marks which are confusingly similar to or marks that are
dilutive to or otherwise violate Plaintiff’s Trademarks;

(ii)

using the marks MISS UNITED STATES INTERCONTINENTAL, MISS
T.E.E.N., MISS T.E.E.N. UNITED STATES, and JR. T.E.E.N. UNITED
STATES and any other marks which are confusingly similar to or marks that are
dilutive to or otherwise violate Plaintiff’s Trademarks in connection with the
operation and advertising of pageants;

(iii)

otherwise using or exploiting using the marks MISS UNITED STATES
INTERCONTINENTAL, MISS T.E.E.N., MISS T.E.E.N. UNITED STATES,
and JR. T.E.E.N. UNITED STATES and any other marks which are confusingly
similar to or marks that are dilutive to or otherwise violate Plaintiff’s Trademarks
in connection with the operation and advertising of pageants;

(iv)

assisting, aiding or abetting any other person or entity from engaging or
performing any of the activities referred to in subparagraphs 1(i)–(iiii) above;

(v)

Otherwise unfairly competing with the Plaintiff by the acts complained of in the
Complaint; and it is further

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ORDERED, that Defendants and all those acting in concert therewith are hereby
directed to immediately deliver up for destruction all products, and all promotional materials
and/or advertising materials of any kind bearing the marks MISS UNITED STATES
INTERCONTINENTAL, MISS T.E.E.N., MISS T.E.E.N. UNITED STATES, and JR. T.E.E.N.
UNITED STATES and any other marks which are confusingly similar to or marks that are
dilutive to or otherwise violate Plaintiff’s Trademarks;
ORDERED, that Defendants and all those acting in concert therewith are directed to
cancel,

discontinue

using,

and/or otherwise forfeit

the following domain

names:

“www.missteenuspageant.com,” “www.teenusw.com” and “www.missusi.com” and any other
confusingly similar or dilutive domain name to Plaintiff’s website domain or, in the alternative,
transfer ownership of said domain names to the Plaintiff; and it is further
ORDERED, ADJUDGED AND DECREED, that Plaintiff has superior rights to
Plaintiff’s Trademarks and/or similar marks; and it is further
ORDERED, ADJUDGED AND DECREED, that Defendants are the junior users of the
following marks:
(a) MISS UNITED STATES INTERCONTINENTAL,
(b) MISS T.E.E.N.,
(c) MISS T.E.E.N. UNITED STATES, and
(d) JR. T.E.E.N. UNITED STATES.
ORDERED, ADJUDGED AND DECREED, that Defendants are liable to Plaintiff for all
of Plaintiff’s damages and any profits generated as a result of the acts complained of in the
Complaint in an amount to be determined at a hearing to be conducted before this Court;
ORDERED, ADJUDGED AND DECREED, that Defendants are liable to Plaintiff for its
attorney’s fees and costs incurred in this action in an amount to be determined at the conclusion
of this matter;

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ORDERED, ADJUDGED AND DECREED, that Plaintiff is entitled to obtain discovery
from Defendants regarding any and all profits generated as a result of the acts complained of in
the Complaint, including but not limited to, Defendant’s having conducted beauty pageants in
July 2014; and it is further
ORDERED, that upon the conclusion of Plaintiff's having obtained discovery from
Defendants as aforesaid, this Court will set a date for a hearing to determine the amount of
Plaintiff’s damages and/or the amount of profits generated by Defendants, if any, as a result of
the acts complained of in the Complaint.
IT IS SO ORDERED.

_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
August 19, 2014

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