Mad Dogg Athletics, Inc. v. NYC HOLDING

Proceedings: (IN CHAMBERS) PLAINTIFF’S MOTION TO AMEND JUDGMENT (DE 18)

I. INTRODUCTION

Mad Dogg Athletics, Inc. (“Plaintiff’) commenced this action on February 15, 2007, against NYC Holding (“Defendant”). Plaintiff alleges the following claims: (1) Cyberpiracy; (2) Federal Trademark Infringement; (3) Federal Unfair Competition and False Designation of Origin; (4) Federal Trademark Dilution; (5) State Statutory Unfair Competition; and (6) Constructive Trust.

The Clerk of the Court entered Defendant’s Default on May 4, 2007 and the Court granted Plaintiffs Motion for Entry of Default Judgment (“Judgment”) against Defendant on June 19, 2007. The Court ordered Defendant, among other things, to pay Plaintiff $316,549.50 in statutory damages and attorneys’ fees and to be permanently enjoined from further infringement of Plaintiffs trademarks.

Plaintiff now seeks to amend the Judgment to add Richard A. Whitney (“Mr.Whitney”) as a judgment-debtor. Plaintiff contends that Defendant is the fictitious business entity through which Mr. Whitney trafficked in the infringing domain names that were at issue in the original action. Moreover, Plaintiff alleges that Mr. Whitney is not a…