Brand Advance LLC v. Brand Advance UK et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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BRAND ADVANCE LLC,
Plaintiff,
-against-
BRAND ADVANCE UK et al.,
Defendants.
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MEMORANDUM & ORDER
24-CV-8384(EK)(PCG)
ERIC KOMITEE, United States District Judge:
The Court has received Magistrate Judge Cross-
Goldenberg’s Report and Recommendation (R&R) dated January 27,
2026. 	ECF No. 72. 	Judge Cross-Goldenberg recommends that the
Court grant plaintiff’s motion for default judgment, award
$3,000,000 in statutory damages, and enter plaintiff’s proposed
injunction permanently prohibiting defendants from using the
Brand Advance mark. 	She also recommends that the Court deny
plaintiff’s requests for attorney’s fees and costs without
prejudice and with leave to renew. 	No party has filed
objections and the time to do so has expired. 	Accordingly, the
Court reviews Judge Cross-Goldenberg’s recommendation for clear
error on the face of the record. 	See Fed. R. Civ. P. 72(b)
advisory committee’s note to 1983 addition; accord State Farm
Mut. Auto. Ins. Co. v. Grafman, 968 F. Supp. 2d 480, 481
(E.D.N.Y. 2013).
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Having reviewed the record, I find no error and
therefore adopt the R&R in its entirety. 	Thus, plaintiff is
awarded $3,000,000 in statutory damages. 	Plaintiff’s requests
for attorney’s fees and costs are denied without prejudice and
with leave to renew by March 6.
BA DIVERSITY MEDIA, INC. and its officers, agents,
servants, employees, and attorneys, including defendant Kenna,
are permanently enjoined as follows:
A. 	BADM is enjoined from all actions (whether taken
domestically or outside of the United States) taken for the
purposes of directly or indirectly advertising, marketing
and soliciting activities within the United States which
utilize any trademark, name, logo, design, trade dress, or
source designation of any kind on or in connection with
BRAND ADVANCE that is likely to cause confusion, mistake,
deception, or public misunderstanding that such goods or
services are associated with, sponsored by, endorsed by, or
approved by BRAND ADVANCE, LLC,.
B. 	BADM is also enjoined from performing any advertising,
marketing and soliciting activities inside or outside of
the United States which directly or indirectly uses any
trademark, name, logo, design, trade dress, or source
designation of any kind on or in connection with BRAND
ADVANCE that is intended to or is likely to cause
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confusion, mistake, deception, or public misunderstanding
that such goods or services are associated with, sponsored
by, endorsed by, or approved by BRAND ADVANCE, LLC with
customers in the United States or which solicits business
from customers within the United States.
C. 	BADM is enjoined from directly or indirectly using the
trademark BRAND ADVANCE; including U.S. Trademark Reg. No.
4571611; or any confusingly similar marks (the
“Unauthorized Trademarks”), on any online, social media
page or text hosted within the United States or which is
used to advertise for customers within the United States,
which is likely to cause confusion between the source of
the goods or services being offered including domains which
feature BRAND ADVANCE in the title, URL, or text of any
such web or social media page, post or advertisement
including in meta data, keywords or any other data or
information used in SEO marketing to identify and target
customers and shall also take down any infringing page,
post, advertising, or text that is currently or hereafter
in use.
D. 	BADM is enjoined from directly or indirectly using the
BRAND ADVANCE Mark in the United States and shall remove
from public view all identifying materials and distinctive
features bearing or embodying BRAND ADVANCE or the
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Unauthorized Trademarks which is likely to confusion
consumers in the United States between the source of the
goods or services being offered.
The Clerk of Court is respectfully directed to enter
judgment and close this case.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	February 13, 2026
Brooklyn, New York
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