Empire Today granted motion to default in alleged trademark infringement case

By Marian Johns | May 7, 2019

MIAMI — A federal court has granted a motion for default in a case involving Empire Today's allegations of trademark infringement against a Coconut Creek flooring business.

According to the March 4 U.S. District Court for the Southern District of Florida order on motion, Judge Beth Bloom granted the request by plaintiff Empire Today LLC for a default final judgment due to the defendants Harold Monblatt, Jeffrey Pellar and U.R. Floored Today not responding to the complaint. 

The case involved Empire Today, which nationally markets carpet and flooring installation, accusing the defendants of trademark infringement and unfair competition/false designation of origin violations. 

According to the court filing, the defendants have used and continue to use Empire's registered trademarks that have become "famous" and easily identifying the plaintiff's business. Plaintiff also alleges that the defendants' use of Empire's trademark has caused "confusion among consumers" and sought injunctive relief against the defendants. 

The court cited case precedence involving demonstrating "irreparable injury" and "no adequate remedy at law" and agreed that permanent injunctive relief is appropriate.  The court also stated the defendants' continued use of the plaintiff's trademark causes Empire to "face hardship from loss of sales and the inability to control reputation in the marketplace" with no hardship facing the defendants by prohibiting them from using Empire's trademark. 

Bloom concluded "the public interest supports the issuance of a permanent injunction against defendants to prevent consumers from being mislead" and that the defendants have "admitted in default" that their actions were "willful" and deliberate" with the intent to gain from the plaintiff's "fame and goodwill."

Bloom denied without prejudice Empire's request for attorney fees and costs, stating the court could not determine if the plaintiff's information regarding time spent and costs that are being sought was reasonable. 

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