ADDITIONAL CASES Milad Oskouie and Platinum Avenue Holdings Pty, Ltd, Counterclaim Plaintiffs v. BMaddox Enterprises LLC and Brandon Maddox, Counterclaim Defendants OPINION & ORDER Plaintiff BMaddox Enterprises LLC brings this action for copyright infringement, false advertising, unfair competition, trade-secret misappropriation, and deceptive trade practices against Defendants Milad Oskouie, Osko M Ltd, and Platinum Avenue Holdings Pty, Ltd. Plaintiff alleges that Defendants copied its website and other proprietary materials that guide citizens through the process of federal firearms licensing. Now before the Court are Plaintiff’s motions for summary judgement against Oskouie and for default judgment against Osko M Ltd and Platinum Avenue Holdings Pty, Ltd. For the reasons that follow, Plaintiff’s motions are granted in part and denied in part. BACKGROUND The following facts are drawn principally from Plaintiff’s Rule 56.1 Statement (“56.1 Stmt.”), Dkt. 82, the Declaration of Milad Oskouie in Opposition to Plaintiff’s Application for a Preliminary Injunction (“Oskouie Decl.”), Dkt. 27, the Declaration of Brandon Maddox in support of the instant motion for default judgment (“Maddox Decl.”), Dkt. 207, and the exhibits thereto. Unless otherwise noted, the facts are undisputed. Where disputed, the facts are construed in the light most favorable to Oskouie, the non-moving party. See, e.g., Fed. Ins. Co. v. Am. Home Assurance Co., 639 F.3d 557, 566 (2d Cir. 2011). I. The Parties and Their Relationship Brandon Maddox (“Maddox”) is the controlling member of Plaintiff BMaddox Enterprises LLC (“BMaddox”). 56.1 Stmt. 1. Since 2005, Plaintiff has created and sold educational materials related to federal firearms licensing through its website at ffl123.com (“Plaintiff’s Website”), serving “more than seventy-five thousand customers.” Id.
1-2. Plaintiff has obtained several copyright and trademark registrations for that website and the materials contained therein. Effective April 19, 2011, Maddox secured Copyright Registration No. TX 7-388-901 (the “’901 Registration”) for his Federal Firearms License Guide & Class 3 License Guide, which was first published in 2009 (“Plaintiff’s FFL Guidebook”). Id. 6. Plaintiff obtained Copyright Registration No. TX0008400540 (the “’540 Registration”) for the “look and feel” of Plaintiff’s Website, effective September 8, 2017, and Registration No. TX0008400000 (the “’000 Registration”) for the HTML code of Plaintiff’s Website, effective August 10, 2017. Id.
