United States District Court, W.D. Washington, Seattle
S. Zilly, United States District Judge.
MATTER having come before the Court on Plaintiff Cascade
Designs, Inc. (“CDI”)'s Motion for Judgment
on Default, docket no. 10, (the “Motion”)
pursuant to Federal Rule of Civil Procedure 55(b)(2) and
Local Civil Rule 55(b)(2); the Court having considered
CDI's Motion and the accompanying Declaration of Douglas
A. Grady, exhibits and all other filings and papers in this
matter; and the Court otherwise being fully advised and for
good cause shown; the Court hereby enters the following
has established Defendant JAB Distributors, LLC
(“JAB”) is liable on all of the following seven
Counts asserted in CDI's Complaint (Dkt. No. 1) based on
CDI's well-pled allegations and the facts presented in
the Declaration of Douglas A. Grady, which are assumed to be
true because JAB has failed to appear in this matter:
a. Count I: Federal Trademark Infringement, 15 U.S.C. §
b. Count II: Federal Trademark Dilution, 15 U.S.C. §
c. Count III: Federal Unfair Competition, 15 U.S.C. §
d. Count IV: Washington Common Law Unfair Competition;
e. Count V: Washington Consumer Protection Act, RCW
f. Count VI: Cancellation of Registration No. 4, 538, 345;
g. Count VII: Cancellation of Registration No. 5, 138, 979.
having failed to answer or respond to CDI's allegations,
the Court takes as true CDI's well-pleaded allegations,
and concludes that CDI is entitled to default judgment on all
seven Counts of the Complaint. See Cripps v. Life Ins.
Co. of North Am., 980 F.2d 1261, 1267 (9th Cir. 1992)
(“In reviewing a default judgment, this court must take
the well-pleaded factual allegations . . . as true. However,
necessary facts not contained in the pleadings, and claims
which are legally insufficient, are not established by
default.”) (citation omitted).
THEREFORE, it is hereby ORDERED that CDI's Motion for
Judgment on Default is GRANTED in part.
further ORDERED that judgment on Counts I through VII of the
Complaint is ENTERED in favor of CDI and against JAB.
further ORDERED that the Commissioner of the United States
Patent and Trademark Office is DIRECTED to cancel