Allied Van Lines, Inc. v. iMove, Inc., No. 17 C 8021, Slip Op. (N.D. Ill. Jan. 25, 2018) (Kocoras, J.).
Judge Kocoras granted plaintiff Allied Van Lines’ Fed. R. Civ. P. 55(b)(2) motion for entry of default judgment against defendant iMove in this Lanham Act and Anticybersquatting Consumer Protection Act (“ACPA”) case regarding Allied Van Lines’ IMOVE marks.
The Court accepted Allied Van Lines’ allegations as true because iMove failed to respond to the complaint, including at least the following:
- The IMOVE marks were incontestable.
- Allied Van Lines spent considerable resources building goodwill for its IMOVE marks.
- iMove’s services directly compete with Allied Van Lines’ services.
- iMove’s accused marks are similar in appearance, sound and meaning to the IMOVE marks.
- iMove’s use of the marks was knowing and willful.
Based upon these and other findings of facts, the Court held that iMove’s acts violated the Lanham Act and the ACPA, awarding Allied Van Lines $2M for Lanham Act violations and $100k for violations of the ACPA. The Court also awarded $100k as exemplary and punitive damages for the state law claims, and awarded pre and post-judgment interest, as well as a permanent injunction.