United States District Court, W.D. Texas, Austin Division
SPARKS, SENIOR UNITED STATES DISTRICT JUDGE.
REMEMBERED on this day the Court considered the file in the
above-styled cause, and specifically Plaintiff Dell, Inc.
(Dell's) Motion for Default Judgment and Permanent
Injunction [#63] and Motion for Attorney's Fees and Costs
[#65].Having reviewed Dell's motions, the
relevant law, and the file as a whole, the Court now enters
the following opinion and orders.
Syed Ibrahim, Deltra Soft Technologies Pvt. Ltd. (Deltra
Soft), and Deltra Technologies LLC (Deltra Tech)
(collectively, the "Defaulted Defendants")
perpetuated a fraud whereby individuals unaffiliated with
Dell contacted Dell customers, pretended they worked for
Dell, and then used their fictitious affiliation with Dell to
sell software and computer support services under the Dell
name. Am. Compl. [#27] at 1-2.
2016, Dell filed this lawsuit seeking an injunction as well
as damages, attorney's fees, and costs. Compl. [#1] at
16-19. Dell later served Deltra Tech through one of its
managing members, Basit Khan, and received permission to
serve Ibrahim and Deltra Soft-both located in India-through
alternative means including email. Order of Sept. 26, 2017
[#38]. After Dell effected service, the Default Defendants
failed to plead, respond, or otherwise defend in this action,
and the clerk entered defaults against the Defaulted
Defendants. Defaults [#44, #56].
now moves the Court to enter a default judgment against the
Defaulted Defendants and to enter an injunction prohibiting
the Defaulted Defendants from engaging in various activities
likely to dilute Dell's trademarks or result in confusion
as to the affiliation of the Defaulted Defendants and related
third parties with Dell. Mot. Default [#63] at 4-6. Dell also
moves for attorney's fees and costs. Mot. Atty's Fees
[#65]. These pending motions are ripe for review.
Motion for Entry of Default Judgment
default has been entered against a defendant for failure to
plead or otherwise respond to the complaint, a plaintiff may
apply for a judgment based on that default. New York Ins.
Co. v. Brown, 84 F.3d 137, 141 (5th Cir. 1996); see
also FED. R. Civ. P. 55. Under 50 U.S.C. §
3931(b)(1), the plaintiff must file an affidavit stating
whether or not the defendant is in military service, and
under Rule 55(b) a default should not be entered against an
unrepresented minor or incompetent person. See Center
Capital Corp. v. M.B. Bender Co., No. A-09-CV-469-SS,
2009 WL 3834335, at *1 (W.D. Tex. Nov. 13, 2009). A defendant
who defaults for failing to plead or otherwise defend admits
all the well-pleaded allegations of the complaint. Wooten
v. McDonald Transit Assocs., 788 F.3d 490, 496 (5th Cir.
2015). Rule 54(c) limits the type and amount of relief
granted on a default judgment to what is demanded in the
pleadings. Fed.R.Civ.P. 54(c).
seeks a default judgment on four of the six claims brought
against the Defaulted Defendants. Mot. Default [#63] at 1. The
Court examines each claim in turn to determine whether Dell
has put forward sufficient well-pleaded factual allegations
to support entry of judgment against the Defaulted
Defendants. It then considers whether Dell has fulfilled the
other miscellaneous predicates to entering a default
15 U.S.C. § 1114, any person that uses a registered mark
without the permission of the registrant and in connection
with the sale or offering of any goods or services is liable
for trademark infringement if the use ...