Anthony Vince Nail Spa, Inc., Plaintiffv.Palazzo Nail Spa, Inc., d/b/a Palazzo Nail Spa, and An Doan, Defendants
MEMORANDUM-DECISION AND ORDERI. INTRODUCTION On August 30, 2016, Plaintiff Anthony Vince Nail Spa, Inc. commenced this action against Defendants Palazzo Nail Spa, Inc. (“Palazzo”) and An Doan (“Doan”). (Dkt. No. 1). Plaintiff alleged that Defendants copied its nail salons’ overall style of décor and thus infringed on and diluted its trade dress under federal and state law.1 On November 15, 2016, Defendants answered the Complaint. (Dkt. No. 6). However, on October 19, 2017, Defendants’ attorney withdrew from the case. (Dkt. No. 28). Although Doan could proceed pro se, Palazzo was given thirty days to obtain representation, or be subject to default as an unrepresented corporation. (Dkt. No. 27, pp. 6-11). Palazzo failed to do so, and Plaintiff now moves for default judgment against Palazzo under Rule 55(b)(1) of the Federal Rules of Civil Procedure and Rule 55.2 of the Local Rules of this District. (Dkt. No. 34). For the reasons discussed below, that motion is granted in part and denied in part.II. STANDARD OF REVIEWBy failing to appear in this action with new counsel or oppose the motion, Palazzo has defaulted and is deemed to have admitted the factual allegations in the Complaint. Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2d Cir. 1992) (“[A] party’s default is deemed to constitute a concession of all well pleaded allegations of liability….”); Rolex Watch, U.S.A., Inc. v. Pharel, No. 09 Civ. 4810, 2011 WL 1131401, at *2, 2011 U.S. Dist. LEXIS 32249, at *5-6 (E.D.N.Y. Mar. 11, 2011) (“In considering a motion for default judgment, the court will treat the well-pleaded factual allegations of the complaint as true, and the court will then analyze those facts for their sufficiency to state a claim.”); Nike, Inc. v. Top Brand Co., No. 00 Civ. 8179, 2005 WL 1654859, at *4, 2005 U.S. Dist. LEXIS 42374, at *10 (S.D.N.Y. July 13, 2005) (granting default judgment against the corporate defendants because they failed to obtain counsel).But before entering default judgment, the Court must review the Complaint to determine whether Plaintiff has stated a valid claim for relief. See Finkel v. Romanowicz, 577 F.3d 79, 84 (2d Cir. 2009). In general, a pleading must consist of “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). A plaintiff need not plead “detailed factual allegations,” but the complaint must include “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). A pleading that asserts only “labels and conclusions or a formulaic recitation of the elements of a cause of action will not do.” Id. (internal citations and quotation marks omitted).III. BACKGROUNDSince 2007, Plaintiff has “consistently offered nail spa services in connection with an elegant Venetian-styled spa environment featuring specific design elements and themes,” including: “(1) faux-sky ceilings, (2) ornate chandeliers, (3) use of arches and pillars to separate interior sections, (4) beige, natural, earth-tone stone finishes, and (5) neutral vanilla colored walls.” (Dkt. No. 1, 14). Plaintiff alleges that these design elements are arbitrary and nonfunctional and “combine to create trade dress that is inherently distinctive.” (Id.,
