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Mrs. United States National Pageant, Inc. v. Crown Couture, LLC

United States District Court, W.D. New York

August 19, 2014

MRS. UNITED STATES NATIONAL PAGEANT, INC., Plaintiff,
v.
CROWN COUTURE, LLC and GASPAR CRUZ, Individually, Defendants.

ORDER AND JUDGMENT GRANTING MOTION FOR DEFAULT JUDGMENT AND ISSUING PERMANENT INJUNCTION

DAVID G. LARIMER, District Judge.

Plaintiff, Mrs. United States National Pageant, Inc. ("Plaintiff") having moved this Court for Default Judgment against Defendants Crown Couture, LLC and Gaspar Cruz (collectively "Defendants") by Notice Motion for Default Judgment, dated August 5, 2014, and the Declaration of F. Michael Ostrander, Esq., dated August 5, 2014 with Exhibits annexed thereto, and Affidavit of Isabella Ilacqua, sworn to July 29, 2014, in support of Plaintiff's motion; and

The Court having found that Plaintiff is the owner of the following federally registered trademarks:

(a) MRS. UNITED STATES® - U.S. TM Reg. No. 2083350
(b) MRS. UNITED STATES NATIONAL PAGEANT® - U.S. TM Reg. No. 1851722
(c) MISS UNITED STATES® - U.S. TM Reg. No. 3428292
(d) MS. UNITED STATES® - U.S. TM Reg. No. 2157123
(e) LITTLE MISS UNITED STATES® - U.S. TM Reg. No. 4027072
(f) MISS JUNIOR TEEN UNITED STATES® - U.S. TM Reg. No. 3234362
(g) MISS TEEN UNITED STATES® - U.S. TM Reg. No. 3234363
(h) MISS TEENAGER UNITED STATES® - U.S. TM Reg. No. 2824308

These trademarks are collectively referred to herein as "Plaintiff's Trademarks;" and

The Clerk having entered Defendants' default and this Court having further found that Defendants Crown and Cruz are in default by reason of their failure to answer or otherwise appear in this action despite having been duly served and due deliberation having been had, and the Court having evaluated the merits of the underlying claims and the relief sought and determined that the complaint's allegations, taken as true, establish plaintiff's right to the relief requested, see Wagstaff-el v. Carlton Press Co., 913 F.2d 56, 57 (2d Cir.1990) it is hereby

ORDERED, that Plaintiff's motion for summary judgment against Defendants be and the same hereby is GRANTED in ...


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