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Spectrum Brands, Inc. v. I&J Apparel, LLC

United States District Court, W.D. Wisconsin

May 25, 2017

SPECTRUM BRANDS, INC., Plaintiff,
v.
I&J APPAREL, LLC, and JOHN DOES 1 - 10, Defendants.

          OPINION & ORDER

          JAMES D. PETERSON, District Judge

         Plaintiff Spectrum Brands, Inc. is a consumer products company, and among its many products are pet de-shedding tools sold under the FURMINATOR brand. Spectrum Brands contends that defendants I&J Apparel, LLC and John Does 1-10 sold counterfeit FURMINATOR de-shedding tools. I&J Apparel failed to respond to Spectrum Brands' complaint, and the clerk of court entered default against I&J Apparel. Spectrum Brands moves for default judgment against I&J Apparel, seeking damages, injunctive relief, attorney fees, and costs. Dkt. 13.

         The court concludes that I&J Apparel is liable for four counts of trademark infringement and eight counts of copyright infringement. This order will: dismiss the Doe defendants; enjoin I&J Apparel from further infringing Spectrum Brands' trademarks and copyrights; and award statutory damages, attorney fees, and costs. The court will close the case, although Spectrum Brands may reopen the case for good cause.

         BACKGROUND

         The court draws the following facts from Spectrum Brands' complaint, default judgment submissions, and representations made to the court during the default hearing.

         Spectrum Brands sells de-shedding tools for pets using four trademarks and eight copyrighted works. The four trademarks at issue are Spectrum Brands' FURMINATOR mark, STYLIZED FURMINATOR mark, FUREJECTOR mark, and STYLIZED PAW mark. Dkts. 1-3 to Dkt. 1-6. The artworks on the packaging constitute the eight copyrighted works at issue. Dkts. 1-7 to Dkt. 1-14. Each of marks and works is registered with either the United States Trademark Office or the Copyright Office as appropriate.

         I&J Apparel sold counterfeit FURMINATOR de-shedding tools through various online stores. John Does 1-10 are manufacturers, resellers, and distributors of the counterfeits. Although counsel for Spectrum Brands has had some communication with counsel for I&J Apparel, I&J Apparel has failed to answer or otherwise respond to the complaint.

         Spectrum Brands' motion for default judgment does not address its claims against the Doe defendants. During the default hearing, Spectrum Brands indicated that it would dismiss all claims against the Does without prejudice, thereby allowing the court to close the case.

         Spectrum Brands has adequately shown that I&J Apparel's infringement is willful. Spectrum Brands filed complaints with Amazon.com, indicating that I&J Apparel was selling counterfeits, and Amazon.com removed I&J Apparel's product listings from the website. Amazon.com's de-listing of I&J Apparel's products prompted I&J Apparel to confer with Spectrum Brands. I&J Apparel conceded that it sold counterfeits and offered to cooperate with Spectrum Brands. See Dkt. 11-6 and Dkt. 11-10. But I&J Apparel continued to sell counterfeits at eBay.com and Walmart.com. Dkt. 11, ¶¶ 21-23.

         ANALYSIS

         Spectrum Brands asserts five sets of claims against all defendants: (1) trademark infringement claims under the Lanham Act; (2) trademark infringement claims under common law; (3) copyright infringement claims under the Copyright Act; (4) unfair competition claims under the Lanham Act; and (5) unfair competition claims under common law. Dkt. 1, ¶¶ 52-83. Spectrum Brands moves for default judgment on its claims against I&J Apparel. Spectrum Brands asks for a permanent injunction, statutory damages, attorney fees, and costs. Spectrum Brands also requests post-judgment discovery and asks the court to retain jurisdiction for the purposes of enforcing the judgment. Dkt. 13-1, ¶¶ 7-8.

         A. John Does 1-10

         During the hearing, Spectrum Brands informed the court that it would agree to dismiss its claims against the Doe defendants without prejudice. The court will do so.

         B. Default judgment ...


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