UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
March 29, 2012
CREATIVE DESIGN FZ, LLC, ORGANIZED UNDER THE LAWS OF UNITED ARAB EMIRATES; GEORGE V. RECORDS, SARL, ORGANIZED UNDER THE LAWS OF FRANCE, PLAINTIFFS,
JASON BROWN, AN INDIVIDUAL; AND DOES 1--10, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Hon. Otis D. Wright United States District Judge
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' RENEWED MOTION FOR DEFAULT JUDGMENT 
Pending before the Court is Plaintiffs Creative Design FZ, LLC and Geroge V. Records, SARL's ("Plaintiffs") Motion for Default Judgment against Defendant Jason Brown ("Defendant"). (Dkt. No. 24.) Having carefully considered the papers filed in support of and in opposition to the instant Motion, the Court deems the matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C. D. Cal. L.R. 7-15. For the reasons discussed below, Plaintiffs' Motion is GRANTED IN PART AND DENIED IN PART.
The Clerk entered default against Defendant on January 24, 2012, and Plaintiff correctly asserts that Default Judgment by the Court against Defendant is now warranted. Having carefully considered Plaintiff's motion papers, pleadings, and supporting affidavits in light of the seven factors enumerated in Eitel v. McCool, 782
F.2d 1470, 1471--72 (9th Cir. 1986), the Court finds sufficient evidence as to liability and damages. Accordingly, Plaintiff's Motion is GRANTED as to liability. Because Plaintiff has shown that he is entitled to judgment on his claim for trademark infringement, the Court likewise GRANTS Plaintiff's request for injunctive relief pursuant to 15 U.S.C. § 1116(a) and for an order directing the United States Patent and Trademark Office canceling Defendant's "Little Buddah" trademark bearing Serial No. 77824318.
As for Plaintiffs' request for attorney's fees, the Court provided clear instructions in its March 2, 2012 Order denying Plaintiffs' motion for default judgment, that Plaintiffs must provide evidence supporting any claimed attorney's fees and costs. (Dkt. No. 23, at 2.) Nevertheless, Plaintiffs submit bills with their instant Motion for Default Judgment proving only $5,550.00 of Plaintiffs' claimed $6,500.00 in attorney's fees and submits no evidence of its claimed $950.00 in costs. (Dkt. No. 24-2.) Accordingly, the Court DENIES Plaintiffs' request for costs and GRANTS Plaintiffs' request for attorney's fees in the amount of $5,550.00.
For the reasons discussed above, Plaintiffs' Motion for Default Judgment is GRANTED as to liability, injunctive relief, and attorney's fees in the amount of $5,550.00. Plaintiffs' Motion is DENIED as to costs. Plaintiffs are hereby ORDERED to file a proposed judgment in accordance with this Order within seven (7) days.
© 1992-2012 VersusLaw Inc.