Better Keiki, LLC v. MairicoDirect et al

Filing 53

MEMORANDUM ADOPTING 45 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Plaintiff's Motion for Entry of Final Default Judgment Against Defendants (Dkt. # 29 ) is GRANTED. Further, the Court hereby enters a permanent injunction. Signed by District Judge Amos L. Mazzant, III on 9/21/2018. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

BETTER KEIKI, LLC d/b/a MAIRICO and
SENACO DIRECT,
Plaintiff,
v.
MAIRICODIRECT, KAMIROUS,
DRAGONB STORE, and
FORLOVINGYOU,
Defendants.

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CIVIL ACTION NO. 4:17-CV-850
JUDGE MAZZANT/JUDGE JOHNSON

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28
U.S.C. § 636. On August 29, 2018, the report of the Magistrate Judge (the “Report”) was entered
containing proposed findings of fact and recommendations (Dkt. #45) that Plaintiff Better Keiki,
LLC d/b/a Mairico and Senaco Direct’s Motion for Entry of Final Default Judgment Against
Defendants (Dkt. #29) against Defendants be granted. In the Report, the Magistrate Judge also
ordered Plaintiff to submit notice of service of the Report on Defendants. See Dkt. #45 at 20.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, the Court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the Court. Further, as ordered, Plaintiff entered a notice confirming that it
completed service of the Report on all Defendants on September 5, 2018. See Dkt. #48. Therefore,

Plaintiff’s Motion for Entry of Final Default Judgment Against Defendants (Dkt. #29) is
GRANTED, as follows:
Plaintiff is awarded statutory damages under 15 U.S.C. § 1117(c) in the amount of
$1,000,000.00. Additionally, Plaintiff is entitled to an award of attorneys’ fees. Plaintiff shall
submit the appropriate documentation of these fees for the Court’s review within fourteen (14)
days of this Order.
Further, the Court hereby enters a permanent injunction as follows:
(1) Permanent Injunctive Relief:
Defendants MairicoDirect, KamiroUS, DragonB, and ForLovingYou and each of its
members, officers, agents, employees, and those persons in active concert or participation with
them who receive actual notice of this Order by personal service or otherwise, whether acting
directly or through any entity, corporation, subsidiary, division, affiliate or other device, are hereby
permanently restrained and enjoined from:
a) manufacturing or causing to be manufactured, importing, advertising or promoting,
distributing, selling, or offering to sell their counterfeit and infringing goods bearing
Plaintiff’s MAIRICO trademark;
b) using the MAIRICO trademark in connection with the sale of any unauthorized
goods;
c) using Plaintiff’s trademarks or any mark or trade dress similar thereto, in connection
with the sale of any unauthorized goods;
d) using any logo, trade name, or trademark or trade dress that may be calculated to
falsely advertise the services or products of Defendants as being sponsored by,
authorized by, endorsed by, or in any way associated with Plaintiff;

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e) falsely representing themselves as being connected with Plaintiff, through
sponsorship or association, or engaging in any act that is likely to falsely cause
members of the trade and/or of the purchasing public to believe any goods or services
of Defendants, are in any way endorsed by, approved by, and/or associated with
Plaintiff;
f) using any reproduction, counterfeit, infringement, copy, or colorable imitation of
Plaintiff’s trademarks in connection with the publicity, promotion, sale, or advertising
of any goods sold by Defendants;
g) affixing, applying, annexing, or using in connection with the sale of any goods, a false
description or representation, including words or other symbols tending to falsely
describe or represent Defendants’ goods as being those of Plaintiff, or in any way endorsed
by Plaintiff and from offering such goods in commerce; and from otherwise unfairly
competing with Plaintiff;
h)

using

the

following

Amazon.com

seller

IDs:

A3J8RFAXD1JQ0W,

A2FWGNJY7JDBXX, AJT25DYI9N8VQ, A1GQ5KJZX714GM (“Defendant Seller
IDs”), as well as any other alias seller identification names being used and/or controlled by
Defendants, to engage in the business of marketing, offering to sell, and/or selling goods
bearing counterfeits and infringements of Plaintiff’s trademarks;
i) withdrawing any funds from the possession of Amazon.com, Inc., or any of its
affiliated companies until Defendant has satisfied the monetary judgment;
(2) Additional Equitable Relief:
a) To give practical effect to the Permanent Injunction, upon a notice of the
injunction, Amazon.com, Inc., shall disable and/or cease facilitating access to the

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Defendant Seller IDs (as well as any other alias seller identifications) to sell products
assigned ASIN number B01HEPY216; and
b) Upon a notice of the permanent injunction, Amazon.com, Inc., shall immediately cease

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fulfillment of and sequester all goods of each Defendant bearing one or more of Plaintiff’s
trademarks in its inventory, possession, custody or control, and surrender those goods
to Plaintiff.
IT IS SO ORDERED.

SIGNED this 21st day of September, 2018.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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