Fort Wayne, Indiana – Honorable Judge Holly A. Brady of the U.S. District Court for the Northern District of Indiana granted in part and denied in part Plaintiff North American Van Lines, Inc.’s (“NAVL”) Motion for Entry of Default Judgment against Defendant North American Moving & Storage, Inc. (“NAMS”). The claims alleged in the Complaint included Federal Trademark Infringement (15 U.S.C. §1114); Federal Unfair Competition (15 U.S.C. §1125(a)); Anticybersquatting Consumer Protection Act (15 U.S.C. §1125(d)); and Indiana Trademark Infringement (Ind. Code § 24-2-1-13).
After NAVL first moved for default judgment in this case, the Court set an evidentiary hearing date as to damages. NAVL moved to vacate the hearing claiming it was electing an award of statutory damages. However, the Magistrate Judge denied the vacation of the hearing because there was a discrepancy between the relief sought in the Complaint for actual damages and NAMS’ profits and statutory damages for willful trademark counterfeiting in the Motion for Default Judgment. Continue reading