In a February 28, 2014 Report and Recommendation to the Honorable Lorna G. Schofield, Magistrate Judge Sarah Netburn conducted an inquest on damages following an entry of default against defendants Fastmac Performance Upgrades, Inc. and TruePower, Inc. Because Leviton Manufacturing Company provided the Court with a sufficient basis on which to award damages, the Court recommended an award of $6,054,720 plus pre-judgment and post-judgment interest and reasonable attorneys’ fees and costs. In a June 13, 2014 ruling, Judge Lorna G. Schofield adopted the Report and Recommendation in its entirety.Courts evaluating damages in a default context first look to the complaint to determine whether the plaintiff has established a prima facie case for recovery. Plaintiff filed federal claims for trademark infringement, false designation of origins, and dilution under the Lanham Act and New York state law causes of action. “To succeed on . . . Lanham Act claims for federal trademark infringement in violation of 15 U.S.C. § 1114(1), [the plaintiff] must show that it has a valid mark that is entitled to protection under the Lanham Act and that [the defendant’s] actions are likely to cause confusion with [the plaintiff’s] mark.” The court recommended that the allegations in the complaint established a valid claim of infringement. Indeed, Judge Schofield had already granted plaintiff an injunction against the defendants on this claim for the following reasons.
