Opinion
CV 23-466-GW-Ex
11-04-2024
EAGLES NEST OUTFITTERS, INC. C Plaintiff(s) v. TAOMORE, INC., et al. Defendant(s)
JUDGMENT
HON. GEORGE H. WU, UNITED STATES DISTRICT JUDGE
Plaintiff Eagles Nest Outfitters, Inc. filed a Renewed Motion for Default Judgment against Defendant Taomore, Inc. (the "Motion").
The Court, having considered the Motion, all associated briefing, pleadings, oral argument of counsel, and the entire record herein, and finding good cause therefor, hereby, in its discretion:
1. GRANTS Plaintiff's Motion;
2. Taomore has failed to plead in or otherwise defend against this action and default was properly entered against it on April 5, 2024 (ECF 94);
3. Accordingly, the factual allegations in Plaintiff's Complaint are deemed admitted by Taomore and Taomore is liable for the claims stated in Plaintiff's Complaint;
4. Taomore is not an infant or incompetent person and is not in the military service of the United States, and as such there is no reason to delay the entry of default judgment against Taomore;
5. This Court has personal and subject matter jurisdiction over Taomore pursuant to its status as a business entity organized under California law and pursuant to the allegations in the Complaint;
6. Therefore JUDGMENT is entered in favor of Plaintiff and against Taomore as to all claims for relief set forth in the Complaint;
7. Plaintiff shall have and recover of Taomore damages, costs, and attorneys' fees in the total amount of $515,767.00; and
8. Furthermore Taomore is PERMANENTLY ENJOINED from further violations of the Lanham and Patent Acts and state law as to Plaintiff's intellectual property to include its two federally registered trademarks and five patents. Specifically:
a. Taomore is PERMANENTLY ENJOINED from further counterfeiting and infringing ENO's trademarks, engaging in any activity constituting unfair competition with ENO, and infringing
ENO's patents;
b. Taomore is PERMANENTLY ENJOINED from importing, purchasing, distributing, selling, offering for sale, or otherwise using in commerce any counterfeit hammock strap product, or associated advertising, bearing the word mark "ENO" or ENO's design mark, or anything similar, and assisting, aiding, or abetting any other person or entity in importing, purchasing, distributing, selling, offering for sale, or otherwise using in commerce any counterfeit hammock strap product, or associated advertising, bearing the word mark "ENO" or ENO's design mark, or anything similar; and c. Taomore is PERMANENTLY ENJOINED from making, using, offering to sell, or selling any of ENO's patented inventions, including inducing the infringement by others of ENO's patented inventions.
IT IS SO ORDERED.