Donnelly v. Anand

Background

In an October 14, 2025 order, the court granted the plaintiffs’ motion to strike Jonathan Anand’s answer and enter default judgment under Federal Rule of Civil Procedure 37(b)(2). Default judgment is a judgment entered against a party who does not properly defend the case. The court had found that Anand obstructed the case and refused to comply meaningfully with discovery requests and court orders, despite warnings that continued noncompliance could result in striking his answer and entering default judgment.

The plaintiffs submitted a letter brief, declaration, proposed order, and proof of service describing their requested damages and other relief. Anand was proceeding without a lawyer and filed no response, so the court considered the damages submissions unopposed. The opinion also refers to a prior related proceeding, in which the court found that the plaintiffs’ infringement and counterfeiting claims against Anand involved willful and malicious conduct and constituted nondischargeable debt in his now-terminated Chapter 7 bankruptcy proceeding.

Damages

The plaintiffs sought statutory damages under 15 U.S.C. § 1117(c)(2), which permits an award of up to $2 million per counterfeit mark per type of goods or services when the defendant willfully sold goods using a registered mark. They requested $250,000 per counterfeit mark per type of good.

The plaintiffs identified 22 types of counterfeit KAWS goods sold by Anand, including canvas art, furniture, art prints, rugs, decorative neon lights, plush toys, vinyl toys, backpacks, and umbrellas. They identified at least two infringing KAWS marks appearing on goods in each category. The court found strong evidence that Anand knowingly and willfully counterfeited the goods, including evidence that he continued selling counterfeit KAWS items through 2022 and as late as February 2023, while defending this case. The court also considered his failure to provide meaningful discovery.

The court awarded $100,000 per counterfeit mark per type of good. Based on two marks across 22 types of goods, the total statutory-damages award was $4,400,000. The court concluded that this amount was sufficient, but no greater than necessary, to punish the willful counterfeiting, compensate the plaintiffs, and deter future violations.

Other Relief and Disposition

The court awarded post-judgment interest under 28 U.S.C. § 1961(a). It also granted the plaintiffs’ application for permanent injunctive relief against further counterfeiting and infringement of KAWS’s registered trademarks and copyrights by Anand, both individually and while doing business as the listed entities. The plaintiffs waived reasonable attorney’s fees and expenses, so the court awarded none.

Judge P. Castel ordered that judgment be entered for the plaintiffs, directed that a separate final judgment set out the monetary and injunctive relief, and directed the Clerk to close the case.