Donnelly v. Jonathan Mohan Anand individually and d/b/a Homeless Penthouse
Brian Donnelly a/k/a KAWS and KAWS Inc. v. Jonathan Mohan Anand individually and d/b/a Homeless Penthouse, Penthouse Theory, Hideout.NYC, Incognito and Young Neon
- P. Castel
- 1:24-cv-06320
- U.S. District Court · Southern District of New York
- 3
In Brian Donnelly v. Jonathan Anand, Judge Castel ruled that infringement debts could not be erased in bankruptcy and ordered judgment for Donnelly and KAWS Inc.
Brian Donnelly a/k/a KAWS and KAWS Inc. obtained a ruling that their infringement claims against Jonathan Mohan Anand are nondischargeable bankruptcy debt. Anand is subject to judgment in the plaintiffs’ favor and the case was ordered closed.
What happened
In Brian Donnelly a/k/a KAWS and KAWS Inc. v. Jonathan Mohan Anand, the plaintiffs asked the court to decide whether Anand’s debts from an earlier trademark and copyright case could be erased through bankruptcy. They presented evidence at a trial, but Anand did not appear.
The court found that Anand continued selling products using KAWS trademarks and copying the copyrighted “BFF” sculpture after receiving clear notice that he was infringing the plaintiffs’ rights. It concluded that the infringement was willful and malicious, meaning intentional conduct done with knowledge that it was harming the plaintiffs. Under federal bankruptcy law, those debts cannot be discharged.
Judge Castel also held that Anand was in default because he had been clearly warned that failing to attend the trial could result in a default judgment. The court directed the Clerk to enter judgment for the plaintiffs, close the case, and required the plaintiffs to serve Anand with the order and trial transcript.
The detailed version
- Donnelly v. Jonathan Mohan Anand individually and d/b/a Homeless Penthouse · No. 1:24-cv-06320
- P. Castel
- Oct. 9, 2025
Background
The plaintiffs, identified as creditors, brought this action against Jonathan Mohan Anand, identified as the debtor. They sought a ruling that claims from an earlier trademark and copyright infringement action were not dischargeable in bankruptcy under 11 U.S.C. § 523(a)(6). Anand did not appear at the October 9, 2025 bench trial.
Findings and ruling
The court found that, after the earlier infringement action began, Anand continued offering products for sale that used the plaintiffs’ distinctive KAWS trademarks and infringed the plaintiffs’ copyrighted “BFF” sculpture. The court also found that Anand owned, controlled, or managed online storefronts using the names Homeless Penthouse, Penthouse Theory, Hideout.NYC, Incognito, and Young Neon.
Because Anand continued offering KAWS-branded products after receiving unambiguous notice of the alleged trademark and copyright violations, and because he knew his conduct was injuring the plaintiffs, the court found by a preponderance of the evidence that the infringement claims were based on willful and malicious acts. The court therefore held that the claims were nondischargeable bankruptcy debt under 11 U.S.C. § 523(a)(6). A nondischargeable debt cannot be eliminated through the bankruptcy discharge.
Alternative default basis
The court also concluded that judgment for the plaintiffs was appropriate because Anand failed to “otherwise defend” the action. The court had scheduled the trial after Anand requested that an earlier trial date be postponed. Its written notice expressly warned that a defendant’s failure to appear in person at the October 9 trial would result in entry of default judgment. Anand did not appear and did not communicate with the court after the trial date was set. The court found that he had notice of the trial, could communicate with the court, and had received clear warning of the consequence of nonappearance.
Disposition
Judge Castel directed the Clerk to enter judgment in the plaintiffs’ favor in this action and to close the case. The plaintiffs were directed to serve Anand with the order and the October 9, 2025 trial transcript.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.