UNITED STATES DISTRICT COURT SOUTHERN DISTRICT
OF
NEW
YORK
______________________________________________________
----------.
x
DAVID'S BRIDAL, INC. and DBD, INC.Plaintiffs,
v.
DA
VIDDRESSES.COM, DAVIDSBRIDALGOWNS.NET, DAVE-DRESS.COM, ANGELBRIDEDRESS.COM,USWEDDINGDRESS.COM, USWEDDINGDRESS.ORG9WEDDINGDRESSES.COM, BESTDRESSPRICE.COM, et al., Defendants.
CIVIL AC. NO.
11
CIV. 7926 (DLC)
J ! R O P O ~ t D - o R D E R
FOR
DEFAULTJUDGMENT AND PERMANENTINJUNCTION
ORDER
----------------------------------------------------------------. x
~ E F A U L T
JUDGMENT
AND
PERMANENT INJUNCTION ORDER
This action having been brought before the Court by way
of
Order to Show Cause forDefault Judgment and assorted relief including entry
of
a Permanent Injunction by counsel forDavid's Bridal, Inc. ("DBI") and DBD, Inc. ("DBD")(collectively "Plaintiffs"
or
"David'sBridal") against DefendantsDaviBridal.com,DavidDresses.com,DavidsBridaIGowns.net, Dave
Dress.com, AngeIBrideDress.eom, USweddingdress.eom,USweddingdress.org,
9WeddingDresses.com,BestDressPrice.com,BigDayDress.com, BinWeddingDresses.com,
BrandofDress.com, BrideWilI.com, Buyer100 net, Buyer 100 .com,Casual-WeddingDresses.net,
ComDress.com,CopyDress.com,DevotingBridal.com,DigWeddingdress.com,
DoWeddingDress.com, DoWeddingDresses.net,DresSale.com,DressesDream.com, Dresses
Gowns.com,Dressesshinning.com,DressofStore.com,DressSell.com,DressSell.net,
DressTimes.com, DressWill.com,ElleDream.com, FashionWeddingDress.com,
Case 1:11-cv-07926-DLC Document 24 Filed 03/30/12 Page 1 of 12
FashionWeddingGowns.com,FirstWeddingDress.com,Girl-Dress.com,GoodGoodsChina.com,
IsadoraBridal.com,JJSHollse.com,LandyBridal.com,LongNALove.com,
LoveEveningDress.com,Milanoo.com,MyIDress.com,MyLove-Bridal.com,PeriDress.com,
PromDressesGirl.com,StoreofDress.com,StoreofDress.net,TheBrideLove.com,
TopBridalDress.com,TopBridalDresses.com,WeddingDressCity.com,WeddingDressMart.com,
WeddingDressy.com,Zmaka.com,
JOIR~
BOES 1 100, JANE DOES 1 100 and
XYZ.s<.,..
-G8MPA}HES
1
1O~
(collectively "Defendants") and the Court, having reviewed the Plaintiffs',Memorandum
of
Law
in
support thereof, the Declaration
of
1.
Vincent Reppert dated March 16,2012 and attached exhibits, along with the Declaration
of
Lisa
J.
Reppert dated February
15,
2012 and the Declaration
of
William
R.
Engelbrecht dated February 14, 2012 previouslysubmitted
in
support
of
Plaintiffs' Motion for a Preliminary Injunction and assorted relief;Defendants having each been properly served with the Temporary Restraining Order,First Amended Complaint and supporting papers, including notice
of
the return date
of
the Orderto Show Cause hearing on February 27, 2012 and Plaintiffs' Order to Show Cause for finaljudgment
by
default and assorted relief returnable on March 30, 2012
in
Courtroom 15B in theUnited States District Court for the Southern District
of
New York, 500 Pearl Street, New York,NY 10007, and the Court having heard oral argument on said date as well as Defendants havingeach been properly served with the Preliminary Injunction; andNone
of
the Defendants having appeared at the show cause hearing, with the exception
of
counsel on behalf
of
Readmob Technologies (HK) Limited
of
Hong Kong, the owner
of
www.JJShouse.com("JJSHouse"), have filed a response to David's Bridal's moving papers orotherwise appeared
in
2
Case 1:11-cv-07926-DLC Document 24 Filed 03/30/12 Page 2 of 12
applicati9r and to
mak,~
no findings as to this Defendant only at this time;
~ c c o r - J \
'1'7
(
+Le.
d.eJ:;
~
-ffriN-
~Q.H\(L,,:r<:,
c.;h<J)
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rLc...
'r-t.~cj~~{'
<fl{Js
(yAv-
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The Clerk
of
Court having entered a default against each Defendant on March
15,2012;
and
David's
Bridal having moved for final default
judgment
under Fed. R. Civ. P. 55(b) andPlaintiffs having shown,
inter alia,
the following:
1.
DBD, Inc. owns all right, title and interest in and to
David's
Bridal®, Priscilla
of
Boston® and its assorted brand names, which include but are not limited to Galina®, Platinumfor Priscilla
of
Boston®, Priscilla®, Priscilla
of
Boston Classics®, Vineyard Collection®,Melissa Sweet®, Reverie by Melissa Sweet®, Reverie™, Jewel by Priscilla
of
Boston®, USAnge\s® and blush by US Angels® (the "DBD Marks") in connection with
David's
BridalProducts and the DBD Marks are valid and protectable and entitled to protection;2.
DBD
is a holding company for intellectual property and all rights therein whichhave been licensed to DBI.
DBD
entered into a licensing agreement with DBI through whichDBI is the exclusive licensee
of
certain marks and has the ability, among other things, tomanufacture and sell goods and services. For over 50 years, DBD, its predecessors-in-interest,associated and/or affiliated companies, subsidiaries and authorized licensees have sold bridal andformal wear apparel and accessories (collectively, "DBD Products") using
DBD's
registered andlicensed trademarks which include David's Bridal®, Priscilla
of
Boston® and its assorted brandnames, which include but are not limited to Galina®, Platinum for Priscilla
of
Boston®,Priscilla®, Priscilla
of
Boston Classics®, Vineyard Collection®, Melissa Sweet®, Reverie byMelissa Sweet®, Reverie™, Jewel by Priscilla
of
Boston®, US Angels® and blush by USAngels®. DBD through DBI
is
also the authorized licensee and exclusive distributor
of
a specificline
of
wedding dresses by Oleg Cassini® and White by Vera Wang® and is afforded
3
Case 1:11-cv-07926-DLC Document 24 Filed 03/30/12 Page 3 of 12
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