GS Holistic v. NYC Smoke Shop & Grocery Corp. d/b/a International Smoke Shop…

Background

GS Holistic, LLC filed a complaint alleging that NYC Smoke Shop & Grocery Corp., doing business as International Smoke Shop, and Abdo M. Saleh infringed its trademark. The plaintiff filed certificates stating that the summons and complaint had been served on the corporate defendant and Saleh. Their deadlines to answer or otherwise respond were June 9 and June 13, 2025.

Christopher Burrus, who was not a party, filed a power of attorney stating that he had been appointed Saleh’s agent. He also filed an answer and a notice of appearance without a lawyer. The court had previously noted that the defendants, rather than Burrus, had not answered or otherwise responded. The plaintiff then obtained a Clerk’s Certificate of Default for each defendant. A certificate of default is a clerk’s formal entry that a party failed to respond as required.

Court’s Ruling

The court ruled that Burrus’s attempt to represent the defendants was improper. A non-lawyer may not represent a separate legal entity such as a corporation, so NYC Smoke Shop may continue defending the case only through a lawyer. Burrus also may not represent Saleh because Burrus is not a lawyer.

The court gave NYC Smoke Shop until October 14, 2025, to retain an attorney and have that attorney formally appear. If the corporation remained unrepresented after that date, the court stated that it would be compelled to entertain the plaintiff’s counsel’s motion for default judgment against it. Saleh was given until October 14 either to retain a lawyer or to file a notice appearing on his own behalf.

The court extended the plaintiff’s deadline to file a motion for default judgment until October 28, 2025. It also directed the plaintiff to promptly serve the order on the defendants and then file a sworn declaration or affidavit identifying the dates and methods of service. The order did not itself enter default judgment or decide the trademark-infringement claims.