2:19-cv-01161
D. Nev.Jan 31, 2020Background
- Plaintiffs Jermaine R. Seagears and Work or Don't Eat, LLC moved for default judgment against defendant Jacquez C. Lindsey d/b/a Clutch Game Gear for trademark infringement.
- Magistrate Judge Albregts issued a Report & Recommendation (R&R) recommending default be entered but that requested attorney fees be reduced.
- No objections to the R&R were filed by the January 29, 2020 deadline; the district court reviewed and adopted the R&R in full.
- The Court entered injunctive relief: Lindsey must cease selling, producing, or representing any connection to Work or Don't Eat products and must destroy apparel bearing the mark.
- Lindsey must produce, within 30 days of being served with the Order, sales and banking records for items bearing the Work or Don't Eat mark and a § 1116(a) compliance report; Plaintiffs may seek additional monetary relief and fees within 60 days after the accounting.
- The Court awarded Plaintiffs attorney fees and costs of $15,993.85 and directed entry of judgment and closure of the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entry of default judgment for trademark infringement | Seagears: Lindsey infringed Work or Don't Eat trademark and default judgment appropriate | Lindsey: no response/failed to appear | Court granted default judgment in part and adopted R&R finding default appropriate |
| Permanent injunctive relief (cease, destroy, stop representing affiliation) | Seagears: injunction and destruction of infringing goods necessary to prevent ongoing harm | Lindsey: no opposition/failed to respond | Court ordered immediate cessation, destruction, and prohibition on representing affiliation |
| Accounting and production of sales/banking records | Seagears: needs records to determine monetary damages and facilitate accounting | Lindsey: no opposition/failed to respond | Court ordered production of sales/bank records within 30 days and a § 1116(a) compliance report; allowed Plaintiffs to move for additional relief after accounting |
| Attorney fees and costs amount | Seagears: requested higher fees and costs incurred | Lindsey: no opposition/failed to respond | Court awarded Plaintiffs $15,993.85, declining full amount requested per R&R |
Key Cases Cited
- Thomas v. Arn, 474 U.S. 140 (1985) (district court need not review R&R de novo when no objections filed)
- United States v. Reyna–Tapia, 328 F.3d 1114 (9th Cir. 2003) (district court not required to review magistrate judge’s R&R where no objections)