Deckers Outdoor Corporation v. It's Friday, Inc.
- Vernon Broderick
- 1:20-cv-10602
- U.S. District Court · Southern District of New York
- 2
In Deckers Outdoor v. It’s Friday, Judge Broderick adopted a recommendation awarding $402 in costs and a permanent injunction, but no damages.
Deckers Outdoor Corporation received a permanent injunction and $402 in costs, while no damages were awarded. It’s Friday, Inc. was subject to the injunction. The case was closed.
What happened
In Deckers Outdoor Corporation v. It’s Friday, Inc., Deckers sued It’s Friday and others over alleged trade dress and trademark infringement. The court had previously entered default judgment against It’s Friday on liability.
A magistrate judge recommended a permanent injunction barring further infringement and an award of $402 in costs, but no damages. Neither party objected to that recommendation.
Judge Broderick reviewed the recommendation for clear error, found none, and adopted it in full. He directed the Clerk of Court to enter judgment and close the case.
The detailed version
- Deckers Outdoor Corporation v. It's Friday, Inc. · No. 1:20-cv-10602
- Vernon Broderick
- Mar. 21, 2025
Background
On December 15, 2020, Deckers Outdoor Corporation filed an action against It’s Friday, Inc. and John Does 1–10. The complaint asserted trade dress infringement and infringement of an unregistered mark under the Lanham Act, 15 U.S.C. § 1125(a), and New York law. Deckers sought damages and injunctive relief.
After a certificate of default issued, the court granted default judgment against It’s Friday on liability. The court then referred the question of damages to Magistrate Judge Barbara C. Moses for an inquest, meaning a proceeding to determine the appropriate monetary award.
Report and Recommendation
On October 31, 2024, Magistrate Judge Moses recommended that the court issue a permanent injunction barring further infringement and award Deckers $402 in costs. She recommended that no damages be awarded. Deckers served the recommendation on an agent of the New York Secretary of State. Neither party filed objections or requested more time to do so.
Ruling
When no timely objection is filed to a magistrate judge’s recommendation, the district court reviews the record for clear error. Judge Vernon S. Broderick reviewed the recommendation and found no clear error. He therefore adopted the Report and Recommendation in its entirety.
The court directed the Clerk of Court to terminate any open motions, enter judgment consistent with the order, and close the case. The adopted result was a permanent injunction, $402 in costs, and no damages.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.