Setting Aside Default Judgment

In a recent trademark infringement case, the court granted the online seller defendant's motion to set aside the default judgment entered against them due to, inter alia, issues related to service and questions regarding the reliability of plaintiff's representations to the court. "⁠[T]he court finds that a set of atypical circumstances rise to the extraordinary level required to grant relief to [Defendant] under Rule 60(b)(6). First, the record of service in this case is unusually bare. Second, the default judgment was entered before the six months required by Article 15 of the Hague Convention. Third, [Defendant] has made a showing that it has a meritorious defense to plaintiff's counterfeiting allegation. Fourth, the court's review of the record has caused it to be concerned about the accuracy and reliability of plaintiff's representations to the court throughout the course of its litigation against [Defendant]. Taken together, these extraordinary circumstances constitute a 'reason that justifies relief.'"

Celine SA v. The Partnerships and Unincorporated Associations Identified on Schedule A, 1-24-cv-06208 (NDIL Mar. 5, 2025) (Robert W. Gettleman)