Opinion
00 Civ. 4866 (RWS)
January 28, 2002
MEMORANDUM OPINION n
The plaintiff Mattel, Inc. ("Mattel") has obtained an injunction and a money judgment in the amount of $358,601 against the defendant Robarb's, Inc. ("Robarbs") and its president Robert E. Carpenter ("Carpenter"). Defendants have appealed and have moved under Rule 62(d), Fed.R.Civ.P., for a stay pending appeal, without the filing of a supersedeas bond on the ground that neither defendant has funds to pay the judgment.
The motion was denied on January 17, 2002, the denial was vacated upon learning that the parties had agreed to a schedule providing for the submission of a reply memorandum by the defendants.
This copyright and trademark infringement action is by its nature an effort to protect the rights of the plaintiff Mattel which has been accomplished through the issuance of an injunction. The damages resulted from Mattel's established royalty rates. Carpenter's liability derived from his role as the moving, active force behind the infringement.
Under these circumstances in the absence of a supersedeas bond, the motion to stay the enforcement of the judgment against Robarbs is denied and granted as to Carpenter to permit him an opportunity to meet the obligations of the judgment.
It is so ordered.