Davis Product Creation and Consulting, LLC v. Blazer

On July 5, 2023, Davis Product Creation and Consulting, LLC initiated a trademark infringement lawsuit against "Blazer" in the U.S. District Court for the Central District of California. The plaintiff, owner of the federally registered "BLAZER" mark for automotive parts and apparel, alleged that the defendant sold identical or confusingly similar products under the same mark on eBay without authorization. The complaint claimed that this created a likelihood of consumer confusion, diluted the brand, and caused irreparable harm to the plaintiff's goodwill. The plaintiff sought injunctive relief, disgorgement of profits, statutory damages, and attorney's fees. After the defendant failed to plead or defend, the plaintiff moved for default judgment. The court granted the motion, finding willful infringement and unfair competition, issued a permanent injunction against further use of the mark, and awarded monetary damages. The outcome demonstrates the robust protection federal trademark law offers to brand owners facing online counterfeiting.

The court entered a default judgment in favor of the plaintiff, granting a permanent injunction prohibiting the defendant from using the "BLAZER" mark, and awarded statutory damages and attorney's fees.

Whether the defendant's unauthorized use of the "BLAZER" trademark on identical goods sold through e-commerce channels constituted trademark infringement and unfair competition under the Lanham Act, and whether the procedural requirements for a default judgment were satisfied.

The ruling underscores the enforceability of trademark rights in the digital marketplace, deters anonymous online counterfeiters, and confirms that federal courts will grant default judgments and permanent injunctive relief to protect intellectual property when defendants refuse to participate in litigation.