Best Western International Incorporated v. KKR LLC et al

Filing 19

ORDER ADOPTING 18 Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED granting Plaintiff Best Western's Motion for Default Judgment (Doc. 16 ) on Counts One, Three, Four, Six, and Seven, and DENYING the motion as to Counts Two, Five, and Counts Eight through Twelve. IT IS FURTHER ORDERED that on Counts One, Three, and Four of the Complaint, judgment shall be entered against each Defendant in the amount of $24,480.34. IT IS FURTHER ORDERED that on Count Six of the Complaint, judgment shall be entered against each Defendant in the amount of $387,601.37. IT IS FURTHER ORDERED that Best Western be awarded attorneys' fees, costs, and expenses to be paid by Defendants in the amount of $5,519.80. IT IS FURTHER ORDERED that Best Western be granted a permanent injunction against Defendants. Signed by Senior Judge Stephen M McNamee on 03-01-16. (GAR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Best Western International Incorporated,
Plaintiff,

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ORDER

v.

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No. CV-15-01406-PHX-SMM

KKR LLC, et al.,

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Defendants.

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Pending before the Court is Plaintiff Best Western International, Inc.’s, (“Best

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Western”) Motion for Default Judgment. (Doc. 16.) Best Western consented to magistrate

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judge jurisdiction pursuant to 28 U.S.C. § 636(c), and this case was referred to Magistrate

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Judge Bade. (Doc. 8.) However, because Defendants have not appeared or consented to

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magistrate judge jurisdiction, Magistrate Judge Bade proceeded by Report and

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Recommendation (“R & R”) to this Court. (Doc. 18.) See General Order 11-03. To date,

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no objections have been filed.

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STANDARD OF REVIEW

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The Court “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v.

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Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the

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service of a copy of the Magistrate’s recommendation within which to file specific

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written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to

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object to a Magistrate Judge’s recommendation relieves the Court of conducting de novo

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review of the Magistrate Judge’s factual findings and waives all objections to those

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findings on appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure

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to object to a Magistrate Judge’s conclusion “is a factor to be weighed in considering the

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propriety of finding waiver of an issue on appeal.” Id.

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DISCUSSION

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Having reviewed the Report and Recommendation of the Magistrate Judge, and no
Objections having been made by any party thereto, the Court hereby incorporates and
adopts the Magistrate Judge’s Report and Recommendation.
CONCLUSION

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Accordingly, for the reasons set forth,
IT IS HEREBY ORDERED that the Court adopts the Report and
Recommendation of the Magistrate Judge. (Doc. 18.)
IT IS FURTHER ORDERED GRANTING Plaintiff Best Western’s Motion for
Default Judgment (Doc. 16) on Counts One, Three, Four, Six, and Seven, and
DENYING the motion as to Counts Two, Five, and Counts Eight through Twelve.
IT IS FURTHER ORDERED that on Counts One, Three, and Four of the
Complaint, judgment shall be entered against each Defendant in the amount of
$24,480.34.
IT IS FURTHER ORDERED that on Count Six of the Complaint, judgment
shall be entered against each Defendant in the amount of $387,601.37.
IT IS FURTHER ORDERED that Best Western be awarded attorneys’ fees,
costs, and expenses to be paid by Defendants in the amount of $5,519.80 ($4,251.50 in
attorneys’ fees and $1,268.30 in costs).
IT IS FURTHER ORDERED that Best Western be granted a permanent
injunction against Defendants and their respective officers, members, agents, servants,
and employees, and any other persons and entities acting on behalf of or in concert with
Defendants, (1) to immediately and permanently remove all Best Western Symbols as

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used on the premises of, or in reference to, the Hotel, including (without limitation)

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signage, the curvilinear signage cabinets or any other display or items bearing any of the

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Best Western Symbols, and (2) to reimburse costs incurred by Best Western to cause the

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removal of the same should Defendants fail to do so within ten (10) days of the date of

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this Order.

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IT IS FURTHER ORDERED that Best Western be granted a permanent

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injunction against Defendants and any other persons and entities acting on behalf of or in

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concert with Defendants, (1) to immediately notify all advertisers, search engines, and

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providers of related services that Defendants are not affiliated with Best Western and are

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required to cause the cessation of all advertising and distribution of promotional material

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containing any of the Best Western Symbols, any colorable imitation thereof, or any

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other confusingly similar marks, and (2) enjoining Defendants and any other persons and

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entities acting on behalf of or in concert with Defendants or advertising Defendants’ hotel

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property from using any such marks (or any imitations or marks confusingly similar

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thereto) anywhere on the Internet or elsewhere, including without limitation any use on or

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with any websites, domain names, metatags, keywords, banner ads, or search engines.

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Dated this 29th day of February, 2016.

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Honorable Stephen M. McNamee
Senior United States District Judge

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