Hanley–wood Llc v. Hanley Wood Llc, Civil Action No. 10–1167 (JEB).

• Court: United States District Courts. United States District Court (Columbia)
• Writing for the Court: JAMES E. BOASBERG, District Judge.
• Citation: 783 F.Supp.2d 147
• Parties: HANLEY–WOOD LLC, Plaintiff,v.HANLEY WOOD LLC, et al., Defendants.
• Docket Number: Civil Action No. 10–1167 (JEB).
• Decision Date: 10 May 2011

783 F.Supp.2d 147

HANLEY–WOOD LLC, Plaintiff,
v.
HANLEY WOOD LLC, et al., Defendants.

Civil Action No. 10–1167 (JEB).

United States District Court, District of Columbia.

May 10, 2011.

[783 F.Supp.2d 150]

Douglas Chatham Herbert, Law Office of Douglas C. Herbert, Washington, DC, for Plaintiff.MEMORANDUM OPINION JAMES E. BOASBERG, District Judge.

Before the Court is Plaintiff's Motion for Entry of Default Judgment. This case is an action for legal and equitable relief under the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), the Anti–Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), and the common law tort of unfair competition. ¹ Defendants Hanley Wood, LLC and Mutual Companies, LLC were served on July 13, 2010, and they have failed to answer or otherwise defend this action. The Clerk of Court entered a default on October 29, 2010, and Plaintiff has now moved for entry of default judgment pursuant to Fed.R.Civ.P. 55(b)(2). On April 8, 2011, the Court gave Defendants one final opportunity to show cause why a default judgment should not be entered. They did not respond.

The determination of whether a default judgment is appropriate is committed to the discretion of the trial court. Jackson v. Beech, 636 F.2d 831, 836 (D.C.Cir.1980). For a default judgment to enter, a defendant must be considered a “totally unresponsive” party and its default plainly willful, reflected by its failure to respond to the summons and complaint, the entry of default, or the motion for default judgment. Gutierrez v. Berg Contracting Inc., No. 99–3044, 2000 WL 331721, at *1 (D.D.C. March 20, 2000) (citing Jackson, 636 F.2d at 836). Given “the absence of any request to set aside the default or suggestion by the defendant that it has a meritorious defense,” it is clear that the standard for default judgment has been satisfied here. Id.

The Court has reviewed Plaintiff's Complaint and finds that it sufficiently alleges facts to support Plaintiff's claims of trademark infringement, cybersquatting, and unfair competition. The Court will therefore grant the relief requested.

I. Lanham Act

Plaintiff first claims that Defendants have infringed on its valid trademarks in violation of the Lanham Act. To prevail on this count, “the plaintiff must show (1) that it owns a valid trademark, (2) that its trademark is distinctive or has acquired a secondary meaning, and (3) that there is a substantial likelihood of confusion between the plaintiff's mark and the alleged infringer's mark.” Globalaw Ltd. v. Carmon & Carmon Law Office, 452 F.Supp.2d 1, 26 (D.D.C.2006) (internal quotation marks omitted). Plaintiff has sufficiently pled that it owns valid trademarks that have a secondary meaning and that there is a substantial likelihood of confusion, see Compl. at ¶¶ 10–11, 29, 31–37, 41–43, and Defendants' default admits these facts.

Plaintiff requests injunctive relief under the Lanham Act to prevent further

[783 F.Supp.2d 151]

violations of Plaintiff's trademark rights. See 15 U.S.C. § 1116 (authorizing same). “In determining whether to enter a permanent injunction, the Court considers a modified iteration of the factors it utilizes in assessing preliminary injunctions: (1) success on the merits, (2) whether the plaintiffs will suffer irreparable injury absent an injunction, (3) whether, balancing the hardships, there is harm to defendants or other interested parties, and (4) whether the public interest favors granting the injunction.” American Civil Liberties Union v. Mineta, 319 F.Supp.2d 69, 87 (D.D.C.2004).

As discussed above, Plaintiff has succeeded by default on the merits of the instant action. Plaintiff has also shown, in its Motion for Default Judgment and the attached affidavit of Douglas C. Herbert, that Defendants have continued to infringe on its trademarks despite several informal demands to cease and desist, along with the filing of this lawsuit. See Mem. to Motion at 7–8. Generally, trademark infringement, by its very nature, carries a presumption of harm. See Health Ins., Ass'n of America v. Novelli, 211 F.Supp.2d 23, 28 (D.D.C.2002) (citing Appleseed Foundation Inc. v. Appleseed Inst., Inc., 981 F.Supp. 672, 677 (D.D.C.1997)). The Court further agrees that Defendants' continuing disregard for Plaintiff's rights demonstrates that Defendants will continue to infringe on Plaintiff's rights absent an injunction. This finding alone entitles Plaintiff to a permanent injunction. Walt Disney Co. v. Powell, 897 F.2d 565, 567 (D.C.Cir.1990) ( “When a copyright plaintiff has established a threat of continuing infringement, he is entitled to an injunction.”) (citing Universal City Studios v. Sony Corp. of America, 659 F.2d 963, 976 (9th Cir.1981)) (emphasis in original). The Court, moreover, finds that an injunction would not harm others, and that the public interest favors protecting against further violation of federal copyright and trademark laws. The Court, accordingly, concludes that Plaintiff is entitled to a permanent injunction as requested in its Motion.

The Lanham Act authorizes this Court to issue an injunction...