The Kyjen Company v. Individuals
The Kyjen Company, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint
- Rearden
- 1:23-cv-00612
- U.S. District Court · Southern District of New York
- 8
In Kyjen v. Schedule A defendants, Judge Rearden adopted a damages recommendation, awarding $3,501,500 plus post-judgment interest after default judgment.
The Kyjen Company, LLC received $3,501,500 in statutory damages and post-judgment interest from the defaulting defendants identified in the court’s chart; the case was closed.
What happened
The Kyjen Company, LLC sued defendants identified on Schedule A to its complaint. The court had already entered default judgment against defendants who had not been voluntarily dismissed, then referred the question of damages to Magistrate Judge Sarah Netburn.
Judge Netburn recommended statutory damages of $100,000 for each of 35 defendants found to have willfully counterfeited and infringed trademarks, and $250 for each of six defendants found to have infringed design patents. No party objected to the recommendation.
Judge Jennifer H. Rearden found no clear error, adopted the recommendation in full, and awarded The Kyjen Company, LLC $3,501,500 plus post-judgment interest. The court directed the Clerk to calculate the interest, terminate pending motions, adjourn remaining deadlines, and close the case.
The detailed version
- The Kyjen Company v. Individuals · No. 1:23-cv-00612
- Rearden
- Mar. 20, 2024
Background
The court had entered default judgment on May 18, 2023, against defendants who had not been voluntarily dismissed by The Kyjen Company, LLC. The court then referred the matter to Magistrate Judge Sarah Netburn to determine damages.
Report and Recommendation
Judge Netburn recommended that the plaintiff receive $100,000 for each defaulting defendant that engaged in willful trademark counterfeiting and infringement under the Lanham Act, $250 for each defaulting defendant that engaged in design-patent infringement under the Patent Act, and post-judgment interest. The report gave the parties 14 days to file written objections and warned that failing to object would waive objections for purposes of appeal. No party filed an objection.
Court’s Analysis
Because no party objected, Judge Rearden reviewed the report for clear error on the face of the record. The court found no such error and adopted Judge Netburn’s report in its entirety. The court also stated that the parties’ failure to object waived appellate review of purported errors or omissions in the report.
Disposition
The court awarded The Kyjen Company, LLC a total of $3,501,500 in statutory damages: $100,000 for each of 35 defaulting defendants that engaged in willful trademark counterfeiting and infringement, and $250 for each of six defaulting defendants that engaged in design-patent infringement. The plaintiff was also entitled to post-judgment interest, to be calculated by the Clerk of Court. The Clerk was directed to terminate all pending motions, adjourn all remaining deadlines, and close the case.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.