Pepsico, Inc. v. Triunfo-Mex, Inc.

*432 ORDER GRANTING MOTION FOR DEFAULT JUDGEMENT AGAINST DEFENDANT TRIUNFO-MEX, INC.

I. Introduction

Pending before the Court is plaintiff Pepsi-Co, Inc.’s motion to enter a default judgment against defendant Triunfo-Mex, Inc. (“Triunfo”) for violations of the Tariff Act, 19 U.S.C. § 1526 , and the Lanham Act, 15 U.S.C. §§ 1051-1125 . Plaintiff seeks an injunction enjoining defendant from further violating section 526 of the Tariff Act and sections 32, 42, 43(a), and 43(e) of the Lanham Act. Plaintiff also seeks treble damages, plus costs and reasonable attorneys’ fees. Defendant has not appeared in the matter and has not filed an disposition to the instant motion. Upon consideration of the moving papers and argument, the Court hereby GRANTS plaintiffs motion and enters judgment for plaintiff as provided below.

II. Discussion

The District Court’s Local Rules provide that an application for default judgment must set forth: (1) when and against what party the default was entered; (2) that the defaulting party is neither an infant nor incompetent; (3) that the Soldiers and Sailors’ Civil Relief Act of 1940 does not apply; and (4) that notice has been served on the defaulting…