Off-White LLC. v. Alicarl Serise Store

Background

Off-White moved for a default judgment against 47 defendants identified as the “Defaulting Defendants,” arising from alleged Lanham Act violations. The court had previously entered a default as to liability. Magistrate Judge Valerie Figueredo issued a January 24, 2025 Report and Recommendation recommending that the court award $3.525 million in statutory damages under the Lanham Act.

Review of the Recommendation

Because no party filed objections, the court reviewed the recommendation for clear error on the face of the record rather than conducting a fresh review of the disputed issues. The court found no such error and adopted Judge Figueredo’s Report and Recommendation in its entirety. The court also stated that the parties’ failure to object precluded appellate review of the decision.

Ruling

The court granted an award of $3.525 million in statutory damages under the Lanham Act and held that Off-White was entitled to post-judgment interest on that amount. It adopted the recommendation to deny Off-White’s request for a post-judgment order freezing each Defaulting Defendant’s assets and authorizing their transfer to Off-White. At the same time, it permitted Off-White to execute on and enforce the judgment immediately.

Judge Paul A. Engelmayer declined to issue a certificate of appealability and certified that any appeal from the order would not be taken in good faith. The court therefore denied fee-free status for purposes of an appeal. It directed the Clerk of Court to mail the decision to Off-White at the address on file and to close the case.