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NBA Properties, Inc. v. Zhou

United States District Court, N.D. Illinois, Eastern Division

September 14, 2017

NBA Properties, Inc., et al., Plaintiffs,
v.
Yan Zhou, et al., Defendants.

          MEMORANDUM OPINION AND ORDER

          SHARON JOHNSON COLEMAN, United States District Judge

         NBA Properties, Inc., MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NHL Enterprises, L.P., Collegiate Licensing Company, LLC, and Auburn University (collectively, the “Plaintiffs”) brought suit against various online retail accounts for the unauthorized use of Plaintiffs' trademarks. Specifically, Plaintiffs asserted claims for trademark infringement and counterfeiting, 15 U.S.C. § 1114(1) (Count I), false designation of origin, 15 U.S.C. § 1125(a)(1) (Count II), and violations of the Illinois Uniform Deceptive Trade Practices Act, (“IUDTPA”), 825 ILCS 510/1, et seq. (Count IV). Default judgment has been entered against multiple defendants, while others have been voluntarily dismissed. Before this Court is Plaintiffs' motion for summary judgment against the defendants identified by and operating at least the following Internet stores: chaceexpo2010, jpzh11, best999, bailey-730, ailing-9, zhangjie201680, allinprior518, qingweihewu*, chent1217-3, flus171, yifei_myson, and leixianwei20160 (collectively, “Defendants”). Plaintiffs seek at least $600, 000 in statutory damages, reasonable attorney's fees and costs, and a permanent injunction prohibiting Defendants from advertising and selling counterfeit versions of Plaintiffs' products. For the following reasons, Plaintiffs' motion for summary judgment [59] is granted. This Court grants Plaintiff's request for statutory damages, but reduces the amount to be awarded, a permanent injunction, and attorney's fees and costs.[1]

         Background

         The following facts are undisputed except where otherwise noted. Plaintiffs own multiple professional sports trademarks registered with the United States Patent and Trademark Office. (Dkt. 61 ¶¶ 1, 2). Currently at issue are three National Basketball Association Properties' trademarks (“NBA trademarks”) and one Major League Baseball Properties' trademark (“MLB trademark”) (collectively, “Plaintiffs' trademarks”). The NBA and MLB trademarks are valid, subsisting, in full force and effect, and incontestable. (Id. at ¶¶ 1-3).

         Defendants conduct business throughout the United States, including in Illinois, via interactive commercial websites. (Id. at ¶ 17). Items for sale on Defendants' websites included merchandise bearing Plaintiffs' trademarks, selling for $8.99-$23.99. (Id. at ¶¶ 3-14). Defendants offered the following:

• chaceexpo2010 offered hats bearing the MLB trademark for sale. (Id. at ¶ 3).
• jpzh11 offered hats bearing the MLB trademark for sale. (Id. at ¶ 4).
• best999 offered hats bearing the MLB trademark for sale. (Id. at ¶ 5).
• bailey-730 offered hats bearing the NBA trademarks for sale. (Id. at ¶ 6).
• ailing-9 offered hats bearing the NBA trademarks for sale. (Id. at ¶ 7).
• zhangjie201680 offered clothing bearing the NBA trademarks for sale. (Id. at ¶ 8).
• allinprior518 offered hats bearing the MLB trademark for sale. (Id. at ¶ 9).
• qingweihewu* offered clothing bearing the NBA trademarks for sale. (Id. at ¶ 10).
• chent1217-3 offered clothing bearing the NBA trademarks for sale. (Id. at ¶ 11).
• flus171 offered hats bearing the MLB trademark for sale. (Id. at ¶ 12).
• yifeimyson offered clothing bearing the NBA trademarks for sale. (Id ...

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