Mattel, Inc. v. www.Power-wheels-outlet.com
- Paul Engelmayer
- 1:21-cv-08108
- U.S. District Court · Southern District of New York
- 3
In Mattel v. www.Power-wheels-outlet.com, Judge Engelmayer awarded Mattel $500,000 plus interest after defendants’ default in a trademark case.
Mattel received the damages award; the three defaulting defendants were ordered to pay the $500,000 award and applicable post-judgment interest.
What happened
Mattel sued www.Power-wheels-outlet.com, www.Powerwheels-sale.com, and www.Powerwheel-us.shop for trademark counterfeiting, trademark infringement, false designation, and cybersquatting. The court entered a preliminary injunction, and the Clerk later entered default against all defendants. The court had previously granted Mattel’s motion for default judgment and referred the case for a damages recommendation.
A magistrate judge recommended awarding Mattel $500,000 in statutory damages—$125,000 for each infringed mark for each type of good—plus post-judgment interest. No party objected to that recommendation.
Judge Engelmayer reviewed the recommendation for clear error, found none, adopted it in full, and awarded Mattel $500,000 plus interest at the statutory rate from entry of final judgment until payment. The court directed the Clerk to close the case.
The detailed version
- Mattel, Inc. v. www.Power-wheels-outlet.com · No. 1:21-cv-08108
- Paul Engelmayer
- Aug. 8, 2022
Background
Mattel sued www.Power-wheels-outlet.com, www.Powerwheels-sale.com, and www.Powerwheel-us.shop, asserting claims for trademark counterfeiting, trademark infringement, false designation, and cybersquatting under federal trademark law. The court granted emergency relief, including a temporary restraining order, restrictions on the defendants’ websites and assets, alternative service, and expedited discovery. The court later converted the temporary restraining order into a preliminary injunction.
The Clerk entered default against all defendants on November 10, 2021. Mattel then moved for default judgment. On January 3, 2022, the court granted that motion and referred the case to Magistrate Judge Gabriel W. Gorenstein for an inquiry into damages.
Damages Recommendation
Judge Gorenstein recommended that Mattel receive $500,000 in statutory damages, calculated as $125,000 per infringed mark per type of good. He also recommended post-judgment interest at the statutory rate under 28 U.S.C. § 1961, running from the date final judgment was entered until the judgment was satisfied.
Court’s Review and Ruling
Because no party objected to the recommendation, the court reviewed it for clear error, meaning an obvious mistake apparent from the record. Judge Engelmayer found no such error and adopted the recommendation in its entirety.
The court awarded Mattel $500,000 in statutory damages and post-judgment interest at the statutory rate from the date final judgment was entered until the judgment was satisfied. The Clerk of Court was directed to close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.