N.D. Ga.

197 Defendants Have “Tapped Out” in TapouT

TapouT, LLC v. aksjiuiojfue, et al., Civil Action No. 1:21-cv-03003-SDG (N.D. Ga. May 23, 2022)

Plaintiff TapouT, LLC filed suit against Defendants aksjiuiojfue, et al., on July 27, 2017 in the Northern District of Georgia (Atlanta Division) asserting claims of (1) federal trademark infringement in violation of 15 U.S.C. § 1114, (2) federal unfair competition, false designation of origin, and false description in violation of 15 U.S.C. § 1125(a), and (3) common law trademark infringement and unfair competition. According to the Complaint, TapouT began as an MMA clothing brand in 1997 and re-launched in 2015 into a more general lifestyle fitness brand. The Complaint alleges that TapouT owns all trademark rights related to the TapouT brand which offers apparel, accessories, footwear, sports beverages, supplements, and sports and fitness equipment in the activewear and fitness sphere. The numerous named foreign Defendants, as alleged in the Complaint, advertise and sell a variety of goods through their virtual storefronts on various e-commerce marketplaces. The Complaint primarily alleges that Defendants sell goods bearing counterfeit or infringing TapouT marks.

An example of Plaintiff TapouT’s mark-bearing product

On October 19, 2021, TapouT moved for default judgment and injunctive relief against 197 defendants seeking (1) entry of default judgment and permanent injunctive relief; (2) a statutory damage award against each defaulting defendant in the amount of $1,000 each, for a total award of $197,000, pursuant to 15 U.S.C. § 1117(c); (3) a trebling of the statutory damage award against each defaulting defendant resulting in an award of $3,000 each, for a total award of $591,000, in light of each defaulting defendant’s willful infringement; (4) interest on the total statutory damage award from the date of the entry of judgment, calculated pursuant to the statutory rate according to 28 U.S.C. § 1961; (4) a post-judgment asset freeze order; and (5) an order authorizing the release and transfer of defaulting defendant’s previously frozen assets as well as the assets subsequently frozen in response to subparagraph (4), above, to satisfy the damages awarded to TapouT. On May 23, 2022, Judge Steven D. Grimberg granted TapouT’s motion for default judgment and injunctive relief.

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