Simple Design Ltd. v. Candymobi Information Technology Co.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SIMPLE DESIGN LTD., Case No. 19-cv-05501-VC

Plaintiff,

ORDER GRANTING MOTION FOR

v. DEFAULT JUDGMENT

CANDYMOBI INFORMATION Re: Dkt. No. 27 TECHNOLOGY CO., et al., Defendants.

Simple Design brought this lawsuit alleging that the defendants were violating the Lanham Act by selling women’s fitness apps using infringing app icons in the Google Play store. This Court previously granted Simple Design’s motion for alternative service by email, and for early discovery from Google. The defendants have not appeared, and on February 3, 2020, the Clerk entered default. Simple Design now moves for a default judgment on its trademark infringement and false designation of origin claims. The motion is granted. 1. It appears, on the current record, that personal jurisdiction exists over the defendants. See Axiom Foods Inc. v. Acerchem Int’l, Inc., 874 F.3d 1064, 1068 (9th Cir. 2017); see also In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999) (“When entry of judgment is sought against a party who has failed to plead or otherwise defend, a district court has an affirmative duty to look…