The Talaria Company, LLC v. Duplessie
1:23-cv-00468
| D. Maryland | Dec 20, 2024Background
- Plaintiffs Talaria Company (d/b/a Hinckley Yacht Service) and Morris Yachts are owners of federally registered trademarks and operate in luxury yacht and sailboat design, manufacturing, repairs, and sales.
- Defendant Michael Duplessie brought his yacht in for repairs at Hinckley, became dissatisfied with the work, disputed the bill, and allegedly paid only part of it.
- After the billing dispute, Duplessie (with Classic Sailboats and Bayshore Management) allegedly launched an online and in-person campaign disparaging Plaintiffs, using the Plaintiffs’ marks in domains, social media, and merchandise, and publishing statements Plaintiffs claim were false and defamatory.
- Plaintiffs sued for trademark infringement, cybersquatting, breach of contract, and defamation; entity defendants failed to appear or respond through counsel as required by local rules.
- A default was entered against all defendants, but Duplessie later appeared pro se (without counsel), making various filings and seeking to vacate the default against him.
- The Court vacated default against Duplessie (allowing the case to proceed on the merits with interim injunctive relief), but entered default judgment (including monetary, injunctive, and statutory damages) against Classic Sailboats and Bayshore Management.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Vacatur of Default (Duplessie) | Duplessie should remain in default for nonparticipation | He has some meritorious defenses, acted in good faith, and medical reasons caused delay | Default vacated as to Duplessie, with strict interim conditions |
| Trademark Infringement | Defendants’ use of marks caused confusion and harmed goodwill | Use was non-commercial, descriptive, or protected speech | Plaintiffs’ claim upheld, default judgment entered vs. Classic Sailboats |
| Cybersquatting | Registration of confusingly similar domains in bad faith | Insufficient argument against liability | Classic Sailboats liable, injunctive relief and $210,000 statutory damages |
| Breach of Contract | Defendants owe for unpaid boat repair invoice ($116,762) | Invoice fraudulent or inflated, or services deficient | Bayshore Management liable for breach; damages and interest awarded |
| Defamation | Defendants spread false, malicious statements (per se defamation) | Statements true, opinion, or not made by Duplessie | Plaintiffs stated claim; injunctive relief granted vs. Classic Sailboats |
| Motion to Dismiss | Complaint pleads all required elements, survives 12(b)(6) | No plausible claim for relief, various defenses | Court denies motions to dismiss |
Key Cases Cited
- King v. Rubenstein, 825 F.3d 206 (4th Cir. 2016) (establishes standard for taking facts as true at motion to dismiss/default judgment stages)
- United States v. Moradi, 673 F.2d 725 (4th Cir. 1982) (sets the standard for vacating a default for good cause)
- Lone Star Steakhouse & Saloon v. Alpha of Virginia, 43 F.3d 922 (4th Cir. 1995) (test for likelihood of confusion in trademark claims)
- People for Ethical Treatment of Animals v. Doughney, 263 F.3d 359 (4th Cir. 2001) (elements of a Lanham Act trademark infringement claim)
- Colleton Preparatory Academy, Inc. v. Hoover Universal, Inc., 616 F.3d 413 (4th Cir. 2010) (strong preference for merits-based adjudication over default)
- Pizzeria Uno Corp. v. Temple, 747 F.2d 1522 (4th Cir. 1984) (likelihood of confusion factors in trademark law)
- Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023) (trademark law and First Amendment intersection)
- American Stores Co. v. Byrd, 229 Md. 5 (Md. 1962) (defamation per se standards under Maryland law)
- Shapiro v. Massengill, 105 Md. App. 743 (Md. Ct. Spec. App. 1995) (actual malice standard for defamation)