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
The Kyjen Company v. Schedule A Defendants: Judge Rearden adopted damages recommendations, awarding $3,501,500 plus interest after defendants defaulted.
The Kyjen Company, LLC received statutory damages and post-judgment interest from the defaulting defendants identified in the court’s chart; the case was closed.
What happened
In The Kyjen Company, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, the court considered recommended damages after entering default judgment against defendants who had not been voluntarily dismissed.
No party objected to the magistrate judge’s recommendation, which proposed damages for willful trademark counterfeiting and infringement and for design patent infringement.
Judge Jennifer H. Rearden adopted the recommendation in full and awarded $3,501,500 in statutory damages, plus post-judgment interest, then directed the Clerk to close the case.
The detailed version
- The Kyjen Company v. Individuals · No. 1:23-cv-00612
- Rearden
- Mar. 26, 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. A default judgment is a judgment entered after a party fails to defend the case. The court then referred the matter to Magistrate Judge Sarah Netburn to determine damages.
Judge Netburn issued a Report and Recommendation on March 4, 2024. It recommended awarding $100,000 to The Kyjen Company, LLC for each of 35 defaulting defendants found to have engaged in willful trademark counterfeiting and infringement under the Lanham Act, and $250 for each of six defaulting defendants found to have engaged in design patent infringement under the Patent Act. It also recommended post-judgment interest.
The parties had 14 days to object to the Report and Recommendation, but no party filed an objection.
Court’s Analysis
Because there were no objections, the court reviewed the Report and Recommendation for clear error. That review asks whether the record shows an obvious mistake. Judge Rearden found no facial error in Judge Netburn’s conclusions and adopted the Report and Recommendation in its entirety. The court also stated that the parties’ failure to object waived appellate review of the matters addressed in the Report.
Disposition
Judge Jennifer H. Rearden awarded The Kyjen Company, LLC a total of $3,501,500 in statutory damages: $3,500,000 for the 35 defendants involved in willful trademark counterfeiting and infringement, and $1,500 for the six defendants involved in design patent infringement. The court also awarded post-judgment interest at the statutory rate under 28 U.S.C. § 1961.
After judgment was entered, 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.