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17-712 - NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. KIZZANG LLC et al


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17-712 - NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. KIZZANG LLC et al
January 18, 2018
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ORDER - In March 2017, Plaintiff National Collegiate Athletic Association (the "NCAA") initiated this lawsuit against Defendants Kizzang LLC ("Kizzang") and Robert Alexander, the founder and owner of Kizzang, for trademark infringement, trademark dilution, and unfair competition related to Defendants' alleged use of the marks "FINAL 3" and "APRIL MADNESS." On November 7, 2017, the Court denied Defendants' Motion to Dismiss, and granted the NCAA's Request for Entry of Default based on Defendants' failure to timely answer or otherwise plead to the Complaint. [Filing No. 73.] The NCAA has now filed a Motion for Default Judgment, [Filing No. 76], and a Motion for Permanent Injunction, [Filing No. 78], both of which are now ripe for the Court's decision. For the reasons stated in this Order, the Court GRANTS the NCAA's Motion for Default Judgment, 76, and Motion for Permanent Injunction, 78, to the extent it ORDERS that which is contained herein. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Jane Magnus-Stinson on 1/18/2018.(APD)
May 17, 2018
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ORDER - In March 2017, Plaintiff National Collegiate Athletic Association (the "NCAA") initiated this lawsuit against Defendants Kizzang LLC ("Kizzang") and Robert Alexander, the founder and owner of Kizzang, for trademark infringement, trademark dilution, and unfair competition related to Defendants' alleged use of the marks "FINAL 3" and "APRIL MADNESS." On November 7, 2017, the Court denied Defendants' Motion to Dismiss and granted the NCAA's Request for Entry of Default based on Defendants' failure to timely answer or otherwise plead to the Complaint. [Filing No. 73.] Then, on January 18, 2018, the Court granted the NCAA's Motion for Default Judgment and Motion for Permanent Injunction. [Filing No. 87.] In its January 18, 2018 Order, the Court found that this is an "exceptional case" which entitles the NCAA to an award of its attorneys' fees, and set a schedule related to any fee motion the NCAA should file. [Filing No. 87.] The NCAA has filed its Motion for Attorneys' Fees, [Filing No. 93], which is now ripe for the Court's decision. The Court GRANTS IN PART and DENIES IN PART the NCAA's Motion for Attorneys' Fees, 93, as discussed above. Subtracting the time the Court has excluded, and applying the reduced rates the Court has set forth, the Court finds that the NCAA is entitled to $220,988.05 in attorneys' fees. Final judgment shall enter accordingly. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 5/17/2018. (APD)