Denial of motion for default judgment in trademark infringement action

Wednesday, May 17, 2017

In a trademark infringement case, the Plaintiff moved for default judgment on, inter alia, its claim of infringement of its federal trademark registration .  United States District Court Judge Caitlin C. Grant denied the motion on the ground that the complaint’s allegations did not support the relief sought.  Specifically, although the plaintiff had superior priority nationwide based on its federal registration, the Court concluded there is no likely confusion for a court to enjoin unless and until the trademark registrant shows a likelihood of entry into the alleged infringer’s trade territory, which consisted of the D.C. metropolitan region.  The denial of the motion was without prejudice to the plaintiff amending the complaint to show “concrete, impending plans for entry in Defendant’s market” and filing a renewed motion for default judgment.  Applause Prod. Grp., LLC v. Showtime Events Inc., Case No. GJH-16-1463, 2017 WL 1906588 at *4 (D. Md. May 4, 2017).