Off-White LLC v. Aeunzn
- Rochon
- 1:21-cv-09613
- U.S. District Court · Southern District of New York
- 5
In Off-White LLC v. Aeunzn, Judge Rochon notified defendants of the default-judgment request, preserved their chance to respond, and ordered service of motion papers.
Off-White LLC and the named defendants, including Aeunzn and the other defendants listed in the notice. The order primarily affects the defendants' opportunity to respond to Off-White's request for default judgment and Off-White's obligations to serve the motion papers.
What happened
In Off-White LLC v. Aeunzn, Off-White says the defendants sold products on Amazon that copied its trademarks and falsely appeared to be Off-White products. Off-White seeks a permanent injunction and $75,000 from each defendant.
The defendants had not answered or otherwise responded. But the court had not yet entered a default judgment, and the defendants could still respond, oppose the request, or appear through a lawyer at a February 14, 2023 hearing. They were directed to contact the court by January 31, 2023.
Judge Jennifer L. Rochon ordered Off-White to serve the defendants with the default-judgment motion, supporting papers, the order, and the full docket sheet, and to file proof of service within the required deadlines. The order did not grant default judgment.
The detailed version
- Off-White LLC v. Aeunzn · No. 1:21-cv-09613
- Rochon
- Dec. 19, 2022
Nature of the Order
This document is a notice to the defendants and an order concerning Off-White LLC's request for a default judgment. It does not enter the requested default judgment.
Background
Off-White alleged that the defendants copied, manufactured, advertised, distributed, offered for sale, and sold products on Amazon that infringed Off-White's registered trademarks. Off-White also alleged that the defendants falsely passed off their products as Off-White products, violating federal and state law. According to the notice, Off-White previously obtained a temporary restraining order and preliminary injunction barring continued violations. Off-White requested that the injunction become permanent and sought $75,000 in damages from each defendant.
The defendants had not answered or otherwise responded to the court concerning the allegations. Off-White therefore asked the court to enter a default judgment. A default judgment is a final ruling based on a defendant's failure to take required action, but the court had not granted that request when this notice was issued.
Opportunity to Respond
The court notified the defendants that they could still respond to the lawsuit. The court scheduled a February 14, 2023 hearing at 11:00 a.m. Eastern Time concerning Off-White's default-judgment motion. The defendants could appear at the courthouse or have a lawyer appear for them. They were directed to contact the court by January 31, 2023, including by stating whether they had received earlier notice, and identifying any factual or legal objections to Off-White's claims.
The court also warned corporate defendants that they may appear in federal court only through licensed counsel. The notice stated that repeatedly failing to appear through counsel may lead to a default judgment against a corporate defendant.
Order and Effect
Judge Rochon ordered Off-White to serve each defendant with the default-judgment motion and supporting papers, a copy of the order, and the full docket sheet within two business days after filing the order. Off-White was also ordered to file proof of service within two business days after service. The text does not state that default judgment was granted, that damages were awarded, or that a permanent injunction was entered.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.