Curtis
Curtis v. Shinsachi Pharmaceutical Inc.
Opinion
Lead Opinion
Wright, J.
ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT [24]
I. INTRODUCTION
Plaintiff Olga Curtis and Defendants ShinSachi Pharmaceutical Inc. and Seung-woo Shin are competitors in the rather niche tattoo-numbing-cream market. Curtis has purchased products for resale from Defendants in the past and also sold her own products under the names TAT-TOONUMB, SUPERNUMB, AND DEEPNUMB.
But after Curtis started using those marks, Defendants registered them with the United States Patent and Trademark Office and then sent Curtis’s service providers takedown notices alleging copyright and trademark infringement. Curtis brought this action to determine her superior rights to the NUMB marks, cancel Defendants’ trademark registrations, and adjudicate the takedown notices and Defendants’ interference with her service-provider contracts. Defendants failed to respond, and the Court entered default. For the reasons discussed below, the Court GRANTS IN PART Curtis’s Application for Default Judgment. 1 (ECF No. 24.)
II. FACTUAL BACKGROUND
Curtis has her principal place of business in Moscow, Idaho. (FAC ¶ 1.) Shin- *1195 Sachi is a Canadian corporation with its principal place of business…