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8:21-cv-01082
M.D. Fla.
Feb 23, 2022
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Background

  • Ain Jeem, Inc. owns a registered trademark and logo associated with Kareem Abdul‑Jabbar used on athletic apparel.
  • Ain Jeem investigated numerous internet-based seller IDs and ordered items that were determined to be counterfeit or unauthorized uses of the Marks.
  • Defendants operated e‑commerce stores offering/promoting those counterfeit goods in the U.S.; they were not authorized licensees.
  • The court authorized alternative service; Defendants were served but failed to answer and a clerk’s default was entered.
  • Ain Jeem moved for default judgment seeking statutory damages ($100,000 per Defendant), a permanent injunction, removal/seizure of infringing listings and goods, and turnover of restrained funds.
  • The magistrate judge recommended granting the motion: $100,000 statutory damages per Defendant, a broad permanent injunction, removal/seizure directives to marketplace operators, and transfer of restrained funds to Ain Jeem.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Personal jurisdiction & service Defendants transact business in U.S./Florida and were validly served via court‑authorized alternative service No response/default Court has subject‑matter and personal jurisdiction; service proper.
Liability for trademark counterfeiting/infringement Defendants sold counterfeit goods using Ain Jeem’s registered mark causing likelihood of consumer confusion No response/default Complaint and investigator/declaration evidence sufficiently plead Lanham Act and Florida common‑law claims; liability found.
Statutory damages amount Requests $100,000 per Defendant as just, punitive, and deterrent—within §1117(c) range No response/default $100,000 per Defendant awarded (within statutory range; willful counterfeiting found for purposes of enhanced cap potential).
Permanent injunction & equitable relief Monetary relief inadequate; irreparable harm, balance of hardships favors Ain Jeem; public interest supports injunction and directives to marketplaces/financial institutions No response/default Permanent injunction granted with detailed prohibitions; marketplaces ordered to remove listings and sequester/surrender goods; restrained funds to be transferred to Ain Jeem.

Key Cases Cited

  • Cotton v. Massachusetts Mutual Life Insurance Co., 402 F.3d 1267 (11th Cir. 2005) (treats well‑pleaded allegations as true on default).
  • Surtain v. Hamlin Terrace Foundation, 789 F.3d 1239 (11th Cir. 2015) (default judgment requires sufficient basis in the pleadings).
  • Nishimatsu Construction Co. v. Houston National Bank, 515 F.2d 1200 (5th Cir. 1975) (pleading sufficiency standard for default judgments).
  • Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading must state a plausible claim).
  • Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard).
  • North American Medical Corp. v. Axiom Worldwide, Inc., 522 F.3d 1211 (11th Cir. 2008) (elements of trademark infringement under §32).
  • PetMed Express, Inc. v. MetPets.com, Inc., 336 F. Supp. 2d 1213 (S.D. Fla. 2004) (statutory damages appropriate in default trademark cases).
  • McDonald’s Corp. v. Robertson, 147 F.3d 1301 (11th Cir. 1998) (likelihood of confusion can demonstrate irreparable harm).
  • International Shoe Co. v. Washington, 326 U.S. 310 (1945) (personal jurisdiction due process principles).
  • Securities and Exchange Commission v. Smyth, 420 F.3d 1225 (11th Cir. 2005) (hearing on damages unnecessary where evidence is already of record).
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Case Details

Case Name: Ain Jeem, Inc. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A"
Court Name: District Court, M.D. Florida
Date Published: Feb 23, 2022
Citation: 8:21-cv-01082
Docket Number: 8:21-cv-01082
Court Abbreviation: M.D. Fla.
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    Ain Jeem, Inc. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A", 8:21-cv-01082