Greentree Inns Hotel Management Group, Inc. v. SDI Hotels, LLP
1:22-cv-00034
D.N.M.Jun 16, 2022Background
- Plaintiff Greentree Inns Hotel Management Group, Inc. owns the federally registered GREENTREE INN & SUITES mark (registered 2016).
- Defendant SDI Hotels LLP (dba Greentree Inn and Suites) is a New Mexico LLP with its principal place of business in Albuquerque.
- On September 13, 2021, SDI willfully rebranded its property at 2120 Menaul Blvd NE, Albuquerque, NM as GREENTREE INN & SUITES and continued using the mark thereafter.
- Plaintiff sued under federal trademark law and moved for default judgment after SDI failed to defend; the Court found service proper and federal-question jurisdiction applicable.
- The Court concluded SDI’s use was a counterfeit under 15 U.S.C. § 1116(d), that use was willful and likely to cause confusion, and that statutory damages and attorney’s fees were appropriate.
- Relief entered: permanent injunction (remove signage/marketing within 14 days), statutory damages of $60,000, and attorneys’ fees and costs of $9,925.50; treble damages were not awarded due to lack of profit information.
Issues
| Issue | Greentree | SDI | Held |
|---|---|---|---|
| Personal jurisdiction & venue | SDI is NM LLP with principal place in Albuquerque; jurisdiction/venue proper | No response (default) | Court has personal jurisdiction and venue is proper |
| Service of process | Service was proper | No response | Service was proper |
| Trademark infringement / counterfeit | Owns federally registered mark; SDI willfully used identical mark causing confusion | No response | Court finds willful infringement; mark protectable; SDI’s use is a counterfeit under §1116(d) |
| Remedies (injunction, damages, fees) | Requests injunction, statutory damages, profits, attorneys’ fees | No response | Permanent injunction ordered; remove all mark uses within 14 days; statutory damages $60,000; attorneys’ fees & costs $9,925.50; trebling not applied |
Key Cases Cited
- Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233 (10th Cir. 2015) (discusses how to determine citizenship of unincorporated associations for diversity jurisdiction; court here relied on federal-question jurisdiction instead).