Judge Glenn Suddaby
Plaintiff Car-Freshner Co.’s complaint asserting trademark infringement, false designation of origin violating federal law and trademark infringement, as well as dilution violating state statutory and common law alleged that despite a prior consent judgment against them, Air Freshners Inc. defendants promoted and sold fresheners violating plaintiff’s registered trademark’s for its pine tree-shaped fresheners. The court entered default against defendants on May 5, 2011. Partly granting plaintiff’s motion for entry of default judgment, the court ordered defendants to immediately stop using the phrases “Little Tree,” “Little Trees,” “Magic Tree” and “Car Freshner” or their phonetic equivalents, as those terms describe plaintiff’s registered trademarks. The court further ordered defendants to stop making, procuring, promoting, distributing and selling fresheners in the shape of or incorporating any of plaintiff’s trademarked pine tree designs. Despite finding that defendants met their burden to have entry of default set aside as to Count VIII of the complaint, on the basis of lack of counsel, the court concluded that defendants default was sufficiently willful so as to favor denial of their set aside motion.