Federal court grants default judgment in trademark counterfeiting case

By Marian Johns | May 8, 2019

MIAMI — A federal court has granted a golf equipment company's motion for final default judgment in a case alleging Buyallpro's trademark counterfeiting and infringement through its marketing and selling in the Southern District of Florida. 

According to an April 16 U.S. District Court for the Southern District of Florida filing, plaintiff Parsons Xtreme Golf LLC (PXG) asked the court for a default judgment against Buyallpro, et al. 

The case involves PXG's lawsuit alleging that the defendants used Internet based e-commerce stores and websites to advertise and sell "confusingly similar" products which are "counterfeits, infringements, reproductions, or colorable imitations" of PXG's trademarks in violation of the Lanham Act.  PXG also says the defendant's "unlawful activities" have caused "irreparable injury" to their business including defrauding the public, which is led to believe the counterfeit products are "authorized" by PXG and "wrongfully" trading and capitalizing on PXG's reputation.  The defendants have failed to reply to PXG's complaint. 

In its complaint against the defendants, PXG alleged trademark counterfeiting and infringement, false designation of origin and Common Law Unfair Competition and Trademark infringement. 

The court agreed with PXG's claims and in the court's decision, U.S. District Judge Beth Bloom said "Although each defendant may not copy and infringe each PXG Mark for each category of goods protected, the plaintiff has submitted sufficient evidence showing each defendant has infringed, at least, one or more of the PXG marks." 

Bloom also concluded that, based on PXG's "factual allegations" and evidence, that default judgment "is appropriate" according to Federal Rule of Civil Procedure and that PXG was "entitled to permanent injunctive relief." 

The court granted PXG's motion for default judgment and awarded statutory damages of $1 million against each defendant.

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