ALL-STAR MARKETING GROUP, LLC v. Media Brands Co.
2011 U.S. Dist. LEXIS 14
| S.D.N.Y. | 2011Background
- Plaintiffs allege trademark and copyright infringement arising from defendants’ use of registered marks and the Touch N Brush website.
- Default judgments were entered against Media Brands and Mirpur for willful infringement after defendants failed to answer or appear.
- Magistrate Judge Peck conducted an inquest by affidavit to determine damages and injunctive relief scope.
- Judge Peck recommended statutory damages—$300,000 for trademarks and $25,000 for copyright—plus $12,000 in fees, total $337,000.
- Court adopted the Report in full, confirming the permanent injunction’s scope and denying further modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1117(c) statutory damages are warranted for willful trademark infringement | Plaintiffs seek a willful infringement award under §1117(c). | Defendants did not contest; default supports willfulness. | Yes; willful infringement supports §1117(c) damages. |
| Appropriate per-mark statutory damages amount for eight marks | Requesting $50,000 per mark for eight marks. | No meaningful opposition; minimal information on profits; deterrence needed. | Award $50,000 per Emery Cat, Mister Steamy, Touch N Brush, Snuggie, Bumpits; $25,000 per Topsy Turvy, Strap Perfect. |
| Whether Perfect Brownie is recoverable under §1117(c) | Perfect Brownie damages included in count requests. | Amended complaint lacks a trademark infringement claim for Perfect Brownie. | Not recoverable under §1117(c). |
| Statutory damages for copyright infringement of Touch N Brush website | Requesting $50,000 for copyright infringement. | No separate defense; default supports infringement. | award reduced to $25,000 for copyright infringement. |
| Attorneys’ fees and costs entitlement and amount | Seek $43,389.50 in fees and costs. | Opposition limited; issues with documentation. | Award $12,000 in attorneys’ fees; no costs awarded. |
Key Cases Cited
- Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105 (2d Cir. 1997) (affidavit-based inquest acceptable when base damages justified)
- Tiffany (NJ) Inc. v. Luban, 282 F. Supp. 2d 123 (S.D.N.Y. 2003) (willful infringement supports enhanced damages, including fees)
- Silge v. Merz, 510 F.3d 157 (2d Cir. 2007) (damages and deterrence considerations in default scenarios)