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- ilnd;;1:20-cv-01119_de22 RegisterActionDate "2020-09-14" @default.
- ilnd;;1:20-cv-01119_de22 RegisterActionDescriptionText "ORDER: No defendant has responded to plaintiffs' motion for default judgment 18 . The motion is granted. Based on the evidence submitted in support of plaintiffs' motion and the admission of liability by virtue of the default, plaintiffs have established that the infringement was willful and a total judgment award of $30,528.20 is appropriate. "In counterfeit trademark cases, the balance in setting statutory damages is providing some measure of compensation and deterrence, without crossing the line into overdeterrence." Republic Technologies (NA) LLC v. Smoke Shop for You XX, Inc., No. 19-cv-08462, Dkt. 26 (N.D. Ill. 2020); see also RooR International BV et al v. Smoker's Zone et al., No. 19-cv-05014, Dkt. 48 (N.D. Ill. 2020); Roor International BV et al v. Lakeview Smoke & Vape Inc. et al, No. 19-cv- 06489, Dkt. 34 (N.D. Ill. 2020). "Relevant considerations include the nature and price of the product; the volume of sales (or an estimate depending on the size of the offending retail operation); any safety and health risks of the counterfeit goods; andthe strength of the mark." Republic Technologies, No. 19-cv-08462, Dkt. 26. Here, the tobacco pipe bought by the investigator was $43.29. Moreover, the defendant is in the business of operating smoke shops, where familiarity with plaintiffs' brand should be known. Additionally, as other courts have concluded, "there actually is some health concern with counterfeit products that are designed to convey vapors into the body." Republic Technologies, No. 19-cv-08462, Dkt. 26; see also RooR International BV, No. 19-cv-05014, Dkt. 48; Roor International BV, No. 19-cv-06489, Dkt. 34. Accordingly, the Court awards $30,000.00 in statutory damages. In addition, $528.20 is awarded for costs (the filing fee and service expense). The total judgment amount is thus $30,528.20. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 9/14/2020.Mailed notice (nsf, ) (Entered: 09/15/2020)" @default.
- ilnd;;1:20-cv-01119_de22 AdministrativeID "21" @default.
- ilnd;;1:20-cv-01119_de22 hasReferenceToOtherEntry ilnd;;1:20-cv-01119_de19 @default.