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14-6859 - JAB Distributors, LLC v. Home Linen Collections


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14-6859 - JAB Distributors, LLC v. Home Linen Collections
March 30, 2016
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS IN PART. Having reviewed the unopposed March 8, 2016 report and recommendation (the "R&R"), the Court adopts the R&R in part and declines to adopt it in part. The Court grants the following relief: (1) the Court grants Plaintiff's motion for default judgment as to all of Plaintiff's claims except its claims for (a) trademark dilution under the Lanham Act and (b) deceptive trade practices under New York State law; (2) the Court grants Plaintiff's request for a permanent injunction barring Defendant from producing or marketing any of its products in a way that infringes on Plaintiff's protected patents and trademarks; (3) the Court grants Plaintiff's request for a 15 U.S.C. section 1118 order requiring that Defendant deliver its infringing products to Plaintiff for destruction, but the Court directs Plaintiff to propose and file a revised order consistent with this Memorandum and Order within fourteen (14) days of this Memorandum and Order. The Court adopts Judge Pollak's recommendation that the Court reserve decision as to Plaintiff's request to file a motion for attorneys' fees under seal. Ordered by Judge Margo K. Brodie on 3/30/2016. (Rolle, Drew)