Clint Eastwood, as well as Garrapatta LLC, filed a motion for default judgment Friday in a case brought last July against Sera Labs, a CBD retailer, and other companies. The complaint alleged that the defendants used a “wholly fabricated ‘news article’ about Mr. Eastwood to promote and sell cannabidiol (CBD) products.” While Sera Labs has filed an answer in the case, one defendant, Mediatonas, has not appeared, leading to the default.
The 28-page memorandum supporting the motion for default first established Eastwood’s right of publicity, resulting from his extensive career as an actor and director, and explained that Garrapatta controls Eastwood’s right of publicity and intellectual property, including a trademark in his name. The filing further explained the actions of the defendants, who purportedly link to a fraudulent news article, programmed to have the appearance of being published the same day that it is viewed, and contains numerous false testimonials about the effectiveness of the defendants’ products, from both Eastwood and other celebrities.
In February, the court awarded a preliminary injunction to Eastwood. The court entered a default on behalf of the defendants in March, after they had taken no action to defend against the lawsuit. The plaintiff then moved for a default judgment in its favor.
Turning to the requirements for winning a default judgment, the plaintiff explained that the factors derived from case law for determining whether default judgment is warranted favor the plaintiff. Factors include a finding that the allegations are meritorious and sufficiently alleged, minimal dispute of facts, and a risk of harm to the plaintiff if default is not entered.
The plaintiff is seeking a permanant injunction as well as monetary damages. Nolan Heiman represents the plaintiffs,
