Order | Filed: July 23, 2026
DENIM TEARS, LLC. v. ALL-IN-ONE STORE et al
Trademark | New York Southern
Order
FINAL DEFAULT JUDGMENT AND INJUNCTION ORDER: The Court, having considered the Memorandum of Law and Affidavit of Melissa J. Levine in support of Plaintiff's DJ Motion Against Defaulting Defendants, the Certificate of Service of the Summons and Complaint, the Certificate of the Clerk of the Court stating that no answer has been filed in the instant action, and upon all other pleadings and papers on file in this action, it is hereby ORDERED, ADJUDGED AND DECREED as follows: Judgment is gran ted in favor of Plaintiff for the First and Second Causes of Action pleaded against Defaulting Defendants in the Complaint (trademark and trademark infringement). The Third, Fourth and Fifth Causes of Action are dismissed without prejudice. IT IS FUR THER ORDERED, ADJUDGED AND DECREED, that because it would serve both the compensatory and punitive purposes of the Lanham Act's prohibitions on willful infringement, and because Plaintiff has sufficiently set forth the basis for the statutory da mages award requested in its Memorandum of Law in Support of its Motion for Default Judgment, the Court finds such an award to be reasonable and Plaintiff is awarded Seventy-Five Thousand U.S. Dollars ($75,000.000) in statutory damages against t he following eighty-five (85) Defaulting Defendants: as further set forth in this Order. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that Defaulting Defendants, their respective officers, agents, servants, employees and all persons acting in conce rt with or under the direction of Defaulting Defendants (regardless of whether located in the United States or abroad), who receive actual notice of this Order and are subject to the jurisdiction of this Court are enjoined and restrained, for a perio d of ten (10) years, from: A. manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in Counterfeit Products or any other products bearing the Denim Tears Marks and/or marks that are confusingly similar to, identical to and constitute a counterfeiting and/or infringement of the Denim Tears Marks; B. operation of Defaulting Defendants' User Accounts and Defaulting Defendants' Merchant Storef ronts, including, without limitation, continued operation of Defaulting Defendants' User Accounts and Merchant Storefronts in violation of this Order; C. directly or indirectly infringing in any manner Plaintiff's Denim Tears Marks; D. usin g any reproduction, counterfeit, copy or colorable imitation of Plaintiff's Denim Tears Marks to identify any goods or services not authorized by Plaintiff; E. using Plaintiff's Denim Tears Marks and/or any other marks that are confusingly similar to the Denim Tears Marks on or in connection with the manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in the Counterfeit Products; F. using any false designation of origin or false description, or engaging in any action which is likely to cause confusion, cause mistake and/or to deceive members of the trade and/or the public as to the affiliation, connection or association of any product manufactured, imported, exported, advertised, marketed, promoted, distributed, displayed, offered for sale or sold by Defaulting Defendants with Plaintiff, and/or as to the origin, sponsorship or approval of any product manufactured, imported, expor ted, advertised, marketed, promoted, distributed, displayed, offered for sale or sold by Defaulting Defendants and Defaulting Defendants' commercial activities with Plaintiff; G. secreting, concealing, destroying, altering, selling off, transfer ring or otherwise disposing of and/or dealing with: (i) Counterfeit Products and/or (ii) any computer files, data, business records, documents or any other records or evidence relating to their User Accounts, Merchant Storefronts or Defaulting Defe ndants' Assets and the manufacture, importation, exportation, advertising, marketing, promotion, distribution, display, offering for sale and/or sale of Counterfeit Products; and H. effecting assignments or transfers, forming new entities or ass ociations, or creating and/or utilizing any other platform, User Account, Merchant Storefront or any other means of importation exportation, advertising, marketing, promotion, distribution, displaying, offering for sale and/or sale of Counterfeit Pro ducts for the purposes of circumventing or otherwise avoiding the prohibitions set forth in this Order. 2) IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defaulting Defendants must deliver up for destruction to Plaintiff any and all Counterfeit P roducts and any and all packaging, labels, tags, advertising and promotional materials and any other materials in the possession, custody or control of Defaulting Defendants that infringe Plaintiff's Denim Tears Marks or bear any marks that are confusingly similar to the... (truncated)