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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Best Western International Incorporated, Plaintiff, 10 11 ORDER v. 12 No. CV-15-01406-PHX-SMM KKR LLC, et al., 13 Defendants. 14 15 Pending before the Court is Plaintiff Best Western International, Inc.’s, (“Best 16 Western”) Motion for Default Judgment. (Doc. 16.) Best Western consented to magistrate 17 judge jurisdiction pursuant to 28 U.S.C. § 636(c), and this case was referred to Magistrate 18 Judge Bade. (Doc. 8.) However, because Defendants have not appeared or consented to 19 magistrate judge jurisdiction, Magistrate Judge Bade proceeded by Report and 20 Recommendation (“R & R”) to this Court. (Doc. 18.) See General Order 11-03. To date, 21 no objections have been filed. 22 STANDARD OF REVIEW 23 The Court “may accept, reject, or modify, in whole or in part, the findings or 24 recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v. 25 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the 26 service of a copy of the Magistrate’s recommendation within which to file specific 27 written objections to the Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to 28 object to a Magistrate Judge’s recommendation relieves the Court of conducting de novo 1 review of the Magistrate Judge’s factual findings and waives all objections to those 2 findings on appeal. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998). A failure 3 to object to a Magistrate Judge’s conclusion “is a factor to be weighed in considering the 4 propriety of finding waiver of an issue on appeal.” Id. 5 DISCUSSION 6 7 8 9 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- 1 used on the premises of, or in reference to, the Hotel, including (without limitation) 2 signage, the curvilinear signage cabinets or any other display or items bearing any of the 3 Best Western Symbols, and (2) to reimburse costs incurred by Best Western to cause the 4 removal of the same should Defendants fail to do so within ten (10) days of the date of 5 this Order. 6 IT IS FURTHER ORDERED that Best Western be granted a permanent 7 injunction against Defendants and any other persons and entities acting on behalf of or in 8 concert with Defendants, (1) to immediately notify all advertisers, search engines, and 9 providers of related services that Defendants are not affiliated with Best Western and are 10 required to cause the cessation of all advertising and distribution of promotional material 11 containing any of the Best Western Symbols, any colorable imitation thereof, or any 12 other confusingly similar marks, and (2) enjoining Defendants and any other persons and 13 entities acting on behalf of or in concert with Defendants or advertising Defendants’ hotel 14 property from using any such marks (or any imitations or marks confusingly similar 15 thereto) anywhere on the Internet or elsewhere, including without limitation any use on or 16 with any websites, domain names, metatags, keywords, banner ads, or search engines. 17 Dated this 29th day of February, 2016. 18 19 20 Honorable Stephen M. McNamee Senior United States District Judge 21 22 23 24 25 26 27 28 -3-

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