X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Before the Court is Plaintiffs’ motion for the entry of default judgment. For the following reasons, the Court will GRANT Plaintiffs’ motion as to its federal and one of its state claims, enter a permanent injunction, and award Plaintiffs statutory damages. The Court declines to enter a post-judgment asset freeze.I. Procedural BackgroundOn January 26, 2018, Plaintiffs filed their Complaint along with an ex parte Application for (1) a temporary restraining order (“TRO”); (2) an Order to Show Cause (“OTSC”) why a preliminary injunction should not issue; (3) an asset restraining order; (4) an order authorizing alternative service by electronic mail; and (5) an order authorizing expedited discovery against Defendants. See Dkt. Nos. 3, 8-23. Also on that date, the Court entered the TRO, set an OTSC Hearing, restrained Defendants’ assets, and authorized electronic service and expedited discovery. Dkt. No. 11; Dkt. No. 65 13. Relying on information obtained in third-party discovery, on February 6, 2018, Plaintiffs served copies of the TRO, Summons, Complaint, and all papers filed therewith on the Defendants. Dkt. No. 65 15-18, Ex. C. On February 8, 2018, the Court held an OTSC Hearing. See Dkt. No. 65 19. No Defendants appeared and the Court entered a preliminary injunction order (“PI Order”) against all Defendants mirroring the terms of the TRO. See Dkt. No. 65

19-20. Plaintiffs served Defendants with the PI Order on February 9, 2018. Dkt. No. 65 21; Dkt. No. 28. Under the terms of the TRO, all Defendants’ deadlines to answer or otherwise respond were February 26, 2018. Dkt. No. 65 22; see Dkt. No. 5. Some did not do so, and on May 14, 2018, Plaintiffs informed the Court that they intended to seek default judgment against nonappearing Defendants. Dkt. No. 46. This Court ordered Plaintiffs to so file by June 29, 2018. Dkt. Nos. 45, 47. On May 15, 2018, Plaintiffs requested Clerks’ Certificates of Default, which they received on May 18, 2018. Dkt. Nos. 48-49; Dkt. No. 65, Ex. E. At the same time, litigation, an initial pretrial conference, and settlement discussions proceeded with respect to the appearing Defendants. See Dkt. Nos. 29-47, 50-62.On June 28, 2018, Plaintiffs filed their motion for default judgment against the 45 Defendants they represent had not formally appeared or responded to the complaint as of that date (“the Defaulting Defendants”).1 Dkt. No. 63. In accordance with Rule 3.L of the Court’s Individual Practices in Civil Cases, the motion for default judgment and supporting paperwork were also served on the Defaulting Defendants, and an affidavit of service filed. Dkt. No. 66.On February 7, 2019, the Court ordered additional briefing regarding the Court’s exercise of supplemental jurisdiction in this matter. Dkt. No. 77. On February 28, 2019, Plaintiffs filed that briefing and supporting documents. Dkt. Nos. 80-81.II. Factual BackgroundPlaintiffs WowWee Group Limited, WowWee Canada, Inc., and WowWee USA, Inc. (“WowWee” or “Plaintiffs”) are designers, developers, marketers, and distributors of robotic toys and consumer entertainment products, including interactive hand-held robotic toys known as Fingerlings Products. Compl.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. APARTMENTS Fall 2021

October 26, 2021 - October 27, 2021
Los Angeles, CA

Join 1000+ of the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Register

GlobeSt. NET LEASE Fall 2021

October 28, 2021
Los Angeles, CA

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Register

China Law & Practice Awards 2021

November 04, 2021
Virtual

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.


Register

(NEW) EXPERIENCED LABOR AND EMPLOYMENT ATTORNEY WANTED FOR LIFESTYLE BOUTIQUE SENIOR ASSOCIATES TO PARTNER LEVEL WILL BE CONSIDERED (Atlanta, GA)

Atlanta, Georgia, United States

Our client, a boutique general practice law firm known for their cohesive culture and tech forward environment, is seeking to hire an experi...


Apply Now ›

Junior Real Estate Associate Needed for Premier Boutique - No Billable Requirements (Atlanta, GA)

Atlanta, Georgia, United States

Our client, a premier AV-rated boutique firm, is seeking to hire a commercial real estate with 1+ years of experience.   The hired...


Apply Now ›

Biotech or Chemistry IP Associate or Patent Agent/Technical Specialist

Washington D.C., District of Columbia, United States

Join our Biotechnology & Chemical Group and bring your current scientific expertise to bear on the legal problems and matters of our cli...


Apply Now ›

LEAHEY & JOHNSON PC

10/19/2021
NYLJ Web

Leahey & Johnson gives birthday tribute to Late founder, mentor and model Peter James Johnson


View Announcement ›

BLUME FORTE FRIED ZERRES & MOLINARI

10/18/2021
NJLJ Web

Blume Forte Fried Zerres & Molinari is pleased to welcome Richard T. Madurski to the firm as an associate


View Announcement ›

ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, FORMATO, FERRARA & WOLF LLP

09/28/2021
NYLJ Web

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP would like to announce that...


View Announcement ›