Playboy Enterprises Int’l, Inc. v. www.playboyrabbitars.app, et al.

Overview

Filed November 1, 2021 in the Federal District Court for the Southern District of New York.

Summary: Playboy sued the people behind the websites www.playboyrabbitars.app and www.playboyrabbit.com for selling counterfeit copies of Playboy’s Rabbitars, a collection of 11,953 NFTs inspired by Playboy’s most famous iconography, art, photography, and celebrities. Playboy brought claims for federal trademark infringement and trademark infringement and unfair competition under New York law.

Status: The defendants never appeared to defend themselves in court, so a little less than a year after the case was filed, Playboy won a default judgment. The judge awarded Playboy $1,050,000 in statutory damages ($30,000 per registered mark) and a permanent injunction to prevent further infringement.

Bottom Line: Because the defendants are only identified by their email addresses and Discord handles, Playboy will have a tough time enforcing its judgment. Otherwise, this was a straightforward case of defendants blatantly ripping off an established, well-known brand.

🧑‍⚖️NY court orders counterfeiters of Playboy's Rabbitar NFTs to pay over $1 million in statutory damages.
The defendants never appeared and are only identified by email and Discord username, so Playboy will have a tough time enforcing judgment.

— Michael Eshaghian, Esq. (@LAIPAttorney) November 29, 2022

Docket

Selected filings from the docket, available for free, are below. The full docket can be accessed via Court Listener.

11/13/2021 - Order Granting Preliminary Injunction

11/15/2021 - Order Unsealing Case

10/13/2022 - Judgment & Order Granting Plaintiff’s Motion for Default Judgment & Related Relief