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Georg Neumann GMBH v. GoToToolz Ltd.

Default Judgment Motions Denied; SCRA, Local Civil Rule 55.2 Not Satisfied

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MEMORANDUM & ORDER Plaintiff Georg Neumann GmbH moves for default judgment against Defendants GoToToolz Ltd. and Anton Vynohradov a/k/a Ian Davidson for failing to timely answer or otherwise respond to Plaintiff’s Summons and Complaint alleging various statutory and common law trademark and unfair competition claims. (ECF No. 17, GoToToolz Mot. Def. J.; ECF No. 22, Vynohradov Mot. Def. J.; see also ECF No. 11, Am. Compl.) For the reasons below, the Court denies Plaintiff’s motions against both Defendants without prejudice. Background I. Factual Background Plaintiff is a German limited liability company that, for “more than 70 years,” “has designed, manufactured, produced, distributed and sold legendary microphones used by professionals for studio and live sound applications.” (ECF No. 11, Am. Compl.

2, 10.) Plaintiff alleges that it “adopted, applied and continuously used the trademark NEUMANN® in conjunction with microphones” since at least as early as 1959. (Id. 11.) Plaintiff alleges that its microphones and related products “under the famous Neumann Marks” have achieved “considerable goodwill and fame in the United States and abroad[.]” (Id. 24.) Indeed, Plaintiff alleges that its microphones “have been used by countless artists, producers, and sound engineers over the decades,” including by artists such as “the Beatles, Michael Jackson, Stevie Wonder, John Lennon, Beyoncé, Amy Winehouse, Ray Charles, the Rolling Stones, Bruno Mars and Marvin Gaye” and for “record[ing] many iconic recordings, such as Bohemian Rhapsody, Imagine, Hey Jude, [and] What’s Going On[.]” (Id.

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