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DECISION AND ORDER  This trademark infringement case is before the Court on the Plaintiff’s motion for damages, fees, and costs in the total amount of $140,124.42, following the Defendant’s default. For the reasons stated below, the Plaintiff’s motion is granted in part. Judgment shall be entered for the Plaintiff on all claims, in the total amount of $40,500. Further, the Plaintiff’s motion for attorney’s fees is denied, and the Clerk of Court shall tax the Plaintiff’s costs.BACKGROUND   Because the Defendant has defaulted, the Plaintiff’s well-pleaded allegations as to the Defendant’s liability are deemed admitted. See S.E.C. v. Razmilovic, 738 F.3d 14, 19 (2d Cir. 2013). Those facts are as follows.1The Plaintiff is a Maryland-based company that promotes, owns, and operates an online retail store, as well as three retail establishments in Maryland and West Virginia, that sell electronic cigarettes and related products to consumers throughout the United States, including in the Western District of New York. Compl.

1, 8. The Defendant owns, operates, and promotes a retail establishment in North Tonawanda, New York. Id.2. Like the Plaintiff, the Defendant sells electronic cigarettes and related products. Id.

 
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