Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sennheiser Electronic Corporation, D/B/A Sennheiser Usa, A Delaware v. Michael Bielski

June 4, 2012

SENNHEISER ELECTRONIC CORPORATION, D/B/A SENNHEISER USA, A DELAWARE CORPORATION, AND SENNHEISER ELECTRONIC GMBH & CO.KG, A GERMAN LIMITED LIABILITY COMPANY, PLAINTIFFS,
v.
MICHAEL BIELSKI, AN INDIVIDUAL, AND DOES 1--10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Otis D. Wright, II United States District Judge

O

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR DEFAULT JUDGMENT [12]

I.INTRODUCTION

Before the Court is Plaintiffs Sennheiser Electronic Corp. and Sennheiser Electronic GMBH & Co.KG's (collectively "Plaintiffs") April 27, 2012 Motion for Default Judgment against Defendant Michael Bielski ("Defendant"). (ECF No. 12.) Having carefully considered the papers filed in support of the instant Motion, the Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. For the following reasons, the Court GRANTS in part and DENIES in part Plaintiff's Motion.

II.FACTUAL BACKGROUND

This action arises out of Defendant's alleged infringement upon Plaintiffs' registered trademarks. Plaintiffs are leading manufacturers of electronic sound products, including various types of monitors, microphones and headphones. (Compl. ¶ 11.) Plaintiff s own registered trademarks that they contend have gained widespread recognition by being associated with Plaintiffs' high-quality products. (Id. ¶ 14.)

Defendant allegedly engaged in distribution of merchandise bearing three of Plaintiffs' marks through Defendant's storefront on eBay.com. (Id. ¶ 22.) According to Plaintiffs, Defendants' storefront indicates Defendant engaged in at least 22 prior sales of counterfeit products. (Id.) Furthermore, "feedback" posted on the webpage from purchasers of said products indicates that the merchandise Defendant sold was unauthorized versions of Plaintiffs' products. (Mot. 9.) On May 4, 2011, during an investigation of the selling and distribution of counterfeit versions of their products, Plaintiffs purchased a pair of headphones from Defendant through Defendant's eBay storefront. (Compl. ¶ 24.) Upon inspection, Plaintiffs confirmed that the headphones were a counterfeit Sennheiser product. (Id. ¶ 25.)

On September 22, 2011, Plaintiffs filed a Complaint in this Court alleging five claims against Defendant for (1) trademark infringement in violation of 15 U.S.C. § 1114; (2) false designation of origin/false or misleading advertising in violation of 15 U.S.C. § 1125(a); (3) trademark dilution in violation of 15 U.S.C. § 1125(c); (4) unfair competition in violation of California Business and Professions Code section 17200; and (5) unjust enrichment. (Id. at 1--2.)

Plaintiffs personally served Defendant with the Summons and Complaint at his residence on October 12, 2011. (Mot. 10.) On February 16, 2012, Plaintiffs filed a Request for Entry of Default following Defendant's failure to answer or otherwise respond. (ECF No. 10.) On February 17, 2012, the Clerk of the Court entered default against Defendant pursuant to Federal Rule of Civil Procedure Rule 55(a). (ECF No. 11.) Pending now before the Court is Plaintiffs' April 27, 2012 Motion for Default Judgment. (ECF No.12.)

III.LEGAL STANDARD

Federal Rule of Civil Procedure 55(b) permits a court-ordered default judgment following the Clerk's entry of default under Rule 55(a). Federal Rule of Civil Procedure 55(b) and Local Rule 55-1 require that applications for default judgment set forth (1) when and against what party the default was entered; (2) the identification of the pleadings to which the default was entered; (3) whether the defaulting party is an infant or incompetent person, and if so, whether that person is represented by a general guardian, committee, conservator, or other representative; (4) that the Service Member's Relief Act does not apply; and (5) that notice has been served on the defaulting party, if required by Rule 55(b)(2).

The district court is given discretion to decide whether to enter a default judgment. Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980). Upon default, the defendant's liability generally is conclusively established, and the well-pleaded factual allegations in the complaint-except those pertaining to damages-are accepted as true. Televideo Sys., Inc. v. Heidenthal,826 F.2d 915, 917-19 (9th Cir. 1987) (per curiam) (citing Geddes v. United Fin. Group, 559 F.2d 557, 560 (9th Cir. 1977)). However, in exercising its discretion regarding entry of default, a court must consider several factors, including: (1) the possibility of prejudice to plaintiff; (2) the merits of plaintiff's substantive claim; (2) the sufficiency of the complaint; (4) the sum of money at stake in the action; (5) the possibility of a dispute concerning material facts; (6) whether the defendant's default was due to excusable neglect; and (7) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits. Eitel v. McCool, 782 F.2d 1470, 1471--72 (9th Cir. 1986).

IV.DISCUSSION

Plaintiffs' Motion for Default Judgment seeks judgment as to liability on each claim asserted in Plaintiffs' Complaint. Pursuant to a finding of liability, Plaintiffs seek judgment in the form of $600,000.00 in statutory damages, reasonable attorneys' fees in accordance with Local Rule 55-3, $709.70 in costs incurred by Plaintiffs in pursuit of this action, and permanent injunctive relief enjoining ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.