David S. Lipkus

The Plaintiff, Apple Inc., brought an ex parte motion for default judgment against the Defendant for trademark infringement and importing counterfeit merchandise.

The Court found the Defendant had imported and sold goods bearing confusing marks without consent, thereby infringing the Plaintiff's registered trademarks.

The motion was granted, and an injunction was issued restraining the Defendant from dealing in such merchandise.

The applicant applied for declaratory and injunctive relief and damages against the respondent for selling pharmaceutical vials bearing the applicant's registered certification trademarks without completing the certification process.

The respondent ignored a cease and desist letter and ceased meaningful participation in the proceeding.

The Federal Court found that the respondent knowingly infringed the trademarks, depreciated their goodwill, and engaged in passing off.

The Court granted the application, awarding $50,000 in compensatory damages, $25,000 in punitive damages, and ordered the destruction of the infringing goods and a product recall.