Mason Companies, Inc. v. John Doe

Filing 39

DEFAULT JUDGMENT in favor of Mason Companies, Inc. against Dehua Han, Zhanjie Fen in the amount of $ 32,844.87. (JDP ). Signed by District Judge James D. Peterson on 9/16/2014. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

MASON COMPANIES, INC.,
Plaintiff,

DEFAULT JUDGMENT

v.
13-cv-693-jdp
ZHANJIE FEN, d/b/a SHOPEMCOCO.COM
and DEHUA HAN, d/b/a HINESSY.COM
Defendants.

The defendants, Dehua Han d/b/a Hinessy.com and Zhanjie Fen d/b/a Shopemcoco.com,
having failed to appear, plead, or otherwise defend in this action, and default having been
entered on August 27, 2014, and counsel for plaintiff having requested judgment against the
defaulted defendants and having filed a proper motion and affidavit in accordance with F.R.C.P.
55(a) and (b);
Judgment is hereby entered in favor of plaintiff Mason Companies, Inc. (Mason) against
defendants Dehua Han d/b/a Hinessy.com and Zhanjie Fen d/b/a Shopemcoco.com as follows:
A.

Defendants are hereby permanently enjoined from using the designations
“SHOEMALL,” “SHOE MALL,” “Shoes Mall,” “ARRAY,” or any other mark
confusingly similar to Mason’s SHOEMALL or ARRAY trademarks in connection
with any products or services offered for sale, sold, advertised, or promoted in the
United States of States of America;

B.

Defendants are hereby permanently enjoined from using the designations
“SHOEMALL,” “SHOE MALL,” “Shoes Mall,” “ARRAY,” or any other mark
confusingly similar to Mason’s SHOEMALL or ARRAY trademarks in any
manner likely to cause confusion, mistake, or to deceive purchasers into believing

that defendants’ products or services are connected with Mason or its products
and services;
C.

Defendants are ordered to, at their own expense, remove all instances—including
visible instances or instances in code, metadata, or otherwise—of the designations
“Shoes Mall,” ARRAY, or any other term confusingly similar to Mason’s
SHOEMALL or ARRAY trademarks from their websites at hinessy.com and
shopemcoco.com;

D.

Defendants are ordered to, at their own expense, remove all instances of the
designations “Shoes Mall,” ARRAY, or any other mark confusingly similar to
Mason’s SHOEMALL or ARRAY trademarks from any email, invoice, or other
communication created in, targeted to, received in, or otherwise used in the
United States of America;

E.

Defendants shall be in full compliance with this Order within ten (10) days of the
entry of this Order; and

F.

Mason is awarded its reasonable attorneys’ fees, in the amount of $28,780.00,
and the costs of this action, in the amount of $4,064.87, plus interest on the
judgment at the legal rate until the judgment is satisfied.

Entered this 16th day of September, 2014.
BY THE COURT:
/s/
JAMES D. PETERSON
District Judge

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