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Adidas AG v. Bazhuk6

United States District Court, S.D. Florida

November 9, 2017

Adidas AG, and others, Plaintiffs,
v.
Bazhuk6, and others, Defendants.

          FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS 1, 3-12, 14-31

          Robert N. Scola, Jr. United States District Judge

         This matter is before the Court on the Plaintiffs' Motion for Default Judgment (ECF No. 36). The Plaintiffs have moved for a default judgment consistent with Federal Rule of Civil Procedure 55(b)(2). The Clerk of the Court entered a default under Rule 55(a) (ECF Nos. 32, 37). “A defendant, by his default, admits the plaintiff's well-pleaded allegations of fact, ” as set forth in the operative complaint. Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298, 1307 (11th Cir. 2009). “Even when a default judgment is warranted based on a party's failure to defend, the allegations in the complaint with respect to the amount of damages are not deemed true. The district court must instead conduct an inquiry in order to ascertain the amount of damages with reasonable certainty.” Almeira v. GB House, LLC, No. 14-cv-00045, 2014 WL 1366808, at *1 (M.D. Fla. Apr. 7, 2014) (quoting In re Catt, 368 F.3d 789, 793 (7th Cir. 2004)). An evidentiary hearing on damages is unnecessary as long as “the amount claimed is liquidated or capable of ascertainment from definite figures contained in the documentary evidence or in detailed affidavits.” Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d 1319, 1323 (7th Cir. 1983); see also S.E.C. v. Smyth, 420 F.3d 1225, 1231, 1232 n.13 (11th Cir. 2005).

         The Court has carefully reviewed the Plaintiffs' motion, the record, and the relevant legal authorities. Accordingly, it is ordered and adjudged that the Plaintiffs' Motion for Default Judgment (ECF No. 36) is granted. Judgment is hereby entered in favor of the Plaintiffs, adidas AG, adidas International Marketing B.V., adidas America, Inc., Reebok International Limited, and Reebok International Ltd. (collectively the “Plaintiffs”), and against the Defendants, the Individuals, Partnerships, and Unincorporated Associations identified on Schedule “A” hereto (collectively the “Defendants”), on all Counts of the Complaint as follows:

         1. Permanent Injunctive Relief:

         The Defendants and their officers, agents, representatives, servants, employees and attorneys, and all persons acting in concert and participation with them are hereby permanently restrained and enjoined from:

a. manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods using the Plaintiffs' trademarks identified in Paragraph 19 and 28 of the Complaint and Schedules “B” and “C” attached thereto (the “Plaintiffs' Marks”);
b. using the Plaintiffs' Marks in connection with the sale of any unauthorized goods;
c. using any logo, and/or layout which may be calculated to falsely advertise the services or products of the Defendants as being sponsored by, authorized by, endorsed by, or in any way associated with the Plaintiffs;
d. falsely representing themselves as being connected with the Plaintiffs, through sponsorship or association;
e. engaging in any act which is likely to falsely cause members of the trade and/or of the purchasing public to believe any goods or services of the Defendants are in any way endorsed by, approved by, and/or associated with the Plaintiffs;
f. using any reproduction, counterfeit, copy, or colorable imitation of the Plaintiffs' Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by the 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 goods offered for sale or sold by the Defendants as being those of the Plaintiffs or in any way endorsed by the Plaintiffs;
h. otherwise unfairly competing with the Plaintiffs;
i. using the Plaintiffs' Marks, or any confusingly similar trademarks, on e-commerce marketplace sites, from use on any webpage (including as the title of any web page), from any advertising links to other websites, from search engines' databases or cache memory, and from any other form of use of such terms which is visible to a computer user or serves to direct computer searches to Internet ...

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