Schluter Systems, L.P. v. Telos Brands, Inc.

I. INTRODUCTION

13 In this action, Schluter Systems, L.P. (“Schluter”) sued Telos Acquisition Company 10, LLC (“Telos Acquisition”) and Telos Brands, Inc. (“Telos Brands”) (collectively referred to as “Telos”), alleging that Telos violated U.S. trademark laws. Schluter makes a line of tile- installation-related products which are a bright orange. Schluter has a registered trademark for its orange tile-installation products (“the Orange Mark”). Telos began selling virtually and functionally identical orange tile-installation-related products on Amazon.com. Schluter claims that Telos’ products infringe on Schluter’s Orange Mark. When Schluter initially filed suit, Telos responded and the parties engaged in several communications, including an agreement to extend Telos’ date to file its answer to the First Amended Complaint (“FAC”). However, Telos never filed an answer and Schluter has been unable to reach them since. Thus, Schluter filed the present Motion for Entry of Default Judgement (“Motion”), for which Telos acknowledged. Because the Court finds that Telos has infringed on Schluter’s Orange Mark,…