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Roset S.A. v. Layeredesign Grp.

United States District Court, S.D. New York
Dec 2, 2021
1:21-cv-5441 (AT) (S.D.N.Y. Dec. 2, 2021)

Opinion

1:21-cv-5441 (AT)

12-02-2021

ROSET S.A. and ROSET USA CORPORATION, Plaintiffs, v. LAYEREDESIGN GROUP LLC, Defendant.


FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER

THIS MATTER COMES BEFORE THE COURT by motion filed by Plaintiffs for the entry of final judgment by default and a permanent injunction against Defendant for Defendant's trademark infringement, false designation of origin, passing off and unfair competition and related state and common law claims arising out of Defendants' unauthorized use of the trademark LlGNE ROSET in Defendant's advertising, marketing, promoting, distributing, displaying or offering Defendant's products for sale.

THE COURT HAVING CONSIDERED Plaintiffs' Memorandum of Law, the Declaration of Neal R. Platt, and the Declaration of Simone Vingerhoets in support of Plaintiffs' Motion for Default Judgment and a Permanent Injunction Against Defendant, the Certificates of Service of the Summons and Complaint, the Certificate of the Clerk of the Court stating that no answer has been filed in the instant action, and upon all other pleadings and papers on file in this action, it is hereby

ORDERED, ADJUDGED, AND DECREED as follows:

I. Defendant's Liability

Judgment is granted in favor of Plaintiffs on their claims of trademark infringement.

II. Plaintiffs' Waiver of Damages and Any Other Monetary Award

Plaintiffs having waived any claim to damages or other monetary award against Defendant arising out of any matters alleged in the Complaint, no award is made for damages or any other monetary award against Defendant.

III. Permanent Injunction

IT IS ORDERED, ADJUDGED, AND DECREED that Defendant, its officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them shall remove and discontinue any use of the LIGNE ROSET mark whether on signage, online, or anywhere else.

IV. No Stay Under Rule 62

IT IS FURTHER ORDERED that, as no judgment for money damages or other monetary relief is granted in this Judgment, consistent with Rule 62(c) of the Federal Rules of Civil Procedure, there is no stay of enforcement of this Judgment pursuant to Rule 62.

V. Miscellaneous Relief

(a) Plaintiffs shall not be require to post a bond or other security in respect of this Judgment or the Permanent Injunction contained herein; and
(b) This Court shall retain jurisdiction over this matter and the parties in order to construe and enforce this Order.

SO ORDERED. 3


Summaries of

Roset S.A. v. Layeredesign Grp.

United States District Court, S.D. New York
Dec 2, 2021
1:21-cv-5441 (AT) (S.D.N.Y. Dec. 2, 2021)
Case details for

Roset S.A. v. Layeredesign Grp.

Case Details

Full title:ROSET S.A. and ROSET USA CORPORATION, Plaintiffs, v. LAYEREDESIGN GROUP…

Court:United States District Court, S.D. New York

Date published: Dec 2, 2021

Citations

1:21-cv-5441 (AT) (S.D.N.Y. Dec. 2, 2021)