Florida Record

Monday, December 9, 2019

Judge grants BeSweets injunction, default judgment in 'Sugarbearhair' trademark infringement case

State Court

By Marian Johns | Jul 30, 2019

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MIAMI — A federal judge has granted Broward County-based BeSweets Creations a default judgment as well as a permanent injunction in its "Sugarbearhair" trademark infringement case but has postponed the awarding of the company's proposed relief of $1,000 per unit of copy cat products that were sold. 

According to the July 19 U.S. District Court for the Southern District of Florida filing, plaintiff BeSweets Creations LLC filed a motion for default judgment against defendant Robert McClain in its trademark infringement and counterfeiting complaint. 

BeSweets, an online retail marketer and seller of vitamins and nutritional supplements with the Sugarbearhair trademark, filed the suit in January. BeSweets alleges McClain has been selling "a vitamin product identical in appearance" to its Sugarbearhair product, which allegedly has caused confusion among consumers. 

McClain failed to respond to BeSweets' lawsuit and failed to appear before the court. 

U.S. District Judge Beth Bloom granted BeSweets' default judgment and stated that since BeSweets "has no adequate remedy at law" while McClain continues to use its registered trademarks, that a permanent injunction and monetary damages were in order. 

Bloom concluded that BeSweets had "not provided sufficient evidence to support" its request for relief of 805 units at $1,000 per unit.  She ruled the court would determine a final default judgment and award of damages at a separate hearing at a later date. 

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U.S. District Court Southern District of Florida Miami Division

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