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St-Honore v. Goyy

United States District Court, S.D. Florida

January 2, 2020

Goyard St-Honore, Plaintiff,
v.
Goyy, and others, Defendants.

          FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS 1-5, 7-19, 21-24, 26-29, 31-35, 37-40, 42-44, 46-48, 50-54, AND 56-64

          ROBERT N. SCOLA, JR. UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the Plaintiff's Motion for Default Judgment (ECF No. 46). The Plaintiff has 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). (Clerk's Default, ECF No. 35.)

         “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) (internal quotation marks and citations omitted). However, “a sufficient basis must still exist in the pleadings to state a claim before a court may enter a default judgment.” Under Armour, Inc. v. 51nfljersey.com, No. 13-62809-CIV, 2014 WL 1652044, at *4 (S.D. Fla. Apr. 23, 2014) (Rosenbaum, J.) “A defendant's default does not in itself warrant the court entering a default judgment.” Luxottica Grp. S.p.A. v. Individual, P'ship or Unincorporated Ass'n, No. 17-CV-61471, 2017 WL 6949260, at *2 (S.D. Fla. Oct. 3, 2017) (Bloom, J.) (quotation marks, alterations, and citations omitted). A defendant is “not held to admit facts that are not well pleaded or to admit conclusions of law.” Id.

         The Court has reviewed the Plaintiff's motion, the record, and the relevant legal authorities. The Court finds that the Plaintiff has established the facts necessary to enter default judgment. Accordingly, it is ordered and adjudged that the Plaintiff's Motion for Default Judgment (ECF No. 46) is granted. Judgment is hereby entered in favor of the Plaintiff, Goyard St-Honore (“Plaintiff”), and against the Defendants, the Individuals, Partnerships, and Unincorporated Associations identified on Schedule “A” attached hereto (collectively “Defendants”), on all counts of the Amended Complaint as follows:

         1. Jurisdiction

         This Consent Judgment is subject to the jurisdictional constraints of the Lanham Act. See Steele v. Bulova Watch Co., 344 U.S. 280 (1952); Int'l Café, S.A.L. v. Hard Rock Café Int'l (U.S.A.), Inc., 252 F.3d 1274, 1278-79 (11th Cir. 2001).

         2. Permanent Injunctive Relief:

         The Defendants and their officers, directors, employees, agents, subsidiaries, distributors, and all persons acting in concert or 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 bearing the Plaintiff's trademarks or any confusingly similar trademarks identified in Paragraph 15 of the Amended Complaint (the “Goyard Marks”);
b. using the Goyard 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 offered for sale or sold through the Internet based e-commerce stores operating under their seller identification names identified on Schedule “A” (the “Seller IDs”) and/or any other e-commerce marketplace store, seller identity, website, or business, as being sponsored by, authorized by, endorsed by, or in any way associated with the Plaintiff;
d. falsely representing themselves as being connected with the Plaintiff, 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 Plaintiff;
f. using any reproduction, counterfeit, copy, or colorable imitation of the Goyard Marks in connection with the publicity, promotion, sale, or advertising of ...

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